|
|
| To amend sections 7.10, 7.16, 102.02, 105.41, 109.57, | 1 |
| 109.572, 109.803, 118.023, 118.06, 120.08, 120.53, | 2 |
| 121.04, 121.08, 121.083, 121.084, 121.22, 122.07, | 3 |
| 122.15, 122.151, 122.152, 122.153, 122.154, | 4 |
| 122.17, 122.171, 122.28, 122.30, 122.31, 122.32, | 5 |
| 122.33, 122.34, 122.35, 122.36, 122.85, 123.01, | 6 |
| 123.011, 123.07, 123.09, 123.10, 123.101, 123.13, | 7 |
| 123.14, 123.15, 123.152, 123.17, 123.21, 123.48, | 8 |
| 123.77, 124.04, 124.06, 124.11, 124.12, 124.14, | 9 |
| 124.231, 124.241, 124.25, 124.26, 124.27, 124.30, | 10 |
| 124.31, 125.082, 125.14, 126.14, 131.02, 131.44, | 11 |
| 140.01, 140.03, 140.05, 140.08, 145.01, 145.012, | 12 |
| 145.114, 145.116, 149.01, 149.311, 150.01, 150.03, | 13 |
| 150.05, 150.07, 150.10, 152.18, 152.24, 153.01, | 14 |
| 153.011, 153.013, 153.02, 153.04, 153.06, 153.07, | 15 |
| 153.08, 153.09, 153.11, 153.12, 153.14, 153.16, | 16 |
| 153.17, 153.502, 153.503, 153.53, 167.04, 173.14, | 17 |
| 173.21, 173.23, 173.26, 173.27, 173.391, 173.394, | 18 |
| 173.40, 173.42, 173.45, 173.46, 184.02, 185.01, | 19 |
| 185.02, 185.03, 185.05, 185.06, 185.07, 185.09, | 20 |
| 185.12, 305.171, 306.04, 306.36, 307.05, 307.051, | 21 |
| 307.055, 309.09, 313.121, 313.122, 313.16, 317.24, | 22 |
| 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, | 23 |
| 329.44, 329.45, 329.46, 330.04, 339.091, 340.03, | 24 |
| 340.091, 505.37, 505.375, 505.44, 505.72, 715.013, | 25 |
| 723.52, 723.53, 731.141, 735.05, 737.03, 742.114, | 26 |
| 742.116, 749.26, 749.28, 749.31, 753.15, 755.29, | 27 |
| 755.30, 901.54, 955.16, 955.26, 991.02, 1121.23, | 28 |
| 1155.03, 1163.05, 1315.141, 1321.37, 1321.53, | 29 |
| 1321.531, 1322.03, 1322.031, 1345.05, 1501.04, | 30 |
| 1502.01, 1502.02, 1502.03, 1502.04, 1502.05, | 31 |
| 1502.06, 1502.12, 1502.99, 1503.012, 1503.43, | 32 |
| 1506.42, 1509.01, 1509.06, 1509.071, 1509.36, | 33 |
| 1541.26, 1551.33, 1555.02, 1555.03, 1555.04, | 34 |
| 1555.05, 1555.06, 1571.14, 1701.86, 1702.47, | 35 |
| 1707.08, 1707.391, 1733.47, 1751.01, 1751.02, | 36 |
| 1751.13, 1761.26, 1901.18, 1909.11, 1923.01, | 37 |
| 1923.02, 1923.061, 1923.15, 2151.86, 2152.121, | 38 |
| 2152.22, 2301.03, 2301.18, 2301.20, 2301.21, | 39 |
| 2301.22, 2301.23, 2301.24, 2301.25, 2301.26, | 40 |
| 2301.27, 2301.271, 2301.571, 2305.01, 2305.02, | 41 |
| 2307.89, 2317.02, 2317.422, 2317.56, 2319.27, | 42 |
| 2501.16, 2501.17, 2743.01, 2743.02, 2743.09, | 43 |
| 2743.10, 2743.48, 2746.01, 2746.03, 2746.04, | 44 |
| 2903.33, 2907.27, 2907.29, 2909.21, 2909.28, | 45 |
| 2927.023, 2929.01, 2929.19, 2939.11, 2945.371, | 46 |
| 2945.38, 2945.39, 2945.40, 2945.401, 2953.32, | 47 |
| 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, | 48 |
| 2967.191, 2967.193, 2967.26, 2967.28, 2981.11, | 49 |
| 2981.14, 3125.41, 3301.55, 3304.14, 3304.16, | 50 |
| 3304.181, 3304.182, 3307.152, 3307.154, 3309.157, | 51 |
| 3309.159, 3313.65, 3313.71, 3316.04, 3316.06, | 52 |
| 3318.10, 3318.30, 3318.31, 3333.04, 3333.041, | 53 |
| 3333.123, 3333.21, 3333.31, 3333.60, 3333.61, | 54 |
| 3333.71, 3333.72, 3345.16, 3345.28, 3345.50, | 55 |
| 3345.51, 3345.54, 3345.69, 3345.692, 3347.03, | 56 |
| 3383.02, 3383.07, 3701.021, 3701.023, 3701.024, | 57 |
| 3701.025, 3701.03, 3701.05, 3701.07, 3701.072, | 58 |
| 3701.11, 3701.132, 3701.146, 3701.161, 3701.20, | 59 |
| 3701.201, 3701.21, 3701.221, 3701.23, 3701.232, | 60 |
| 3701.24, 3701.241, 3701.242, 3701.248, 3701.341, | 61 |
| 3701.342, 3701.343, 3701.344, 3701.345, 3701.347, | 62 |
| 3701.352, 3701.40, 3701.503, 3701.507, 3701.508, | 63 |
| 3701.509, 3701.57, 3701.63, 3701.74, 3701.87, | 64 |
| 3701.881, 3702.141, 3702.31, 3702.51, 3702.52, | 65 |
| 3702.522, 3702.523, 3702.524, 3702.525, 3702.526, | 66 |
| 3702.53, 3702.531, 3702.54, 3702.55, 3702.56, | 67 |
| 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, | 68 |
| 3702.60, 3702.62, 3703.01, 3703.03, 3703.04, | 69 |
| 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, | 70 |
| 3703.21, 3703.99, 3704.035, 3705.24, 3705.30, | 71 |
| 3706.19, 3709.03, 3709.04, 3709.06, 3709.08, | 72 |
| 3709.085, 3709.09, 3709.092, 3709.28, 3709.32, | 73 |
| 3709.34, 3709.35, 3709.36, 3710.01, 3710.02, | 74 |
| 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, | 75 |
| 3710.08, 3710.09, 3710.10, 3710.12, 3710.13, | 76 |
| 3710.17, 3711.04, 3711.06, 3711.08, 3711.12, | 77 |
| 3711.21, 3712.03, 3712.04, 3712.09, 3713.01, | 78 |
| 3713.02, 3713.03, 3713.04, 3713.05, 3713.06, | 79 |
| 3713.07, 3713.08, 3713.09, 3713.10, 3714.073, | 80 |
| 3715.01, 3715.025, 3715.60, 3715.61, 3715.62, | 81 |
| 3715.68, 3716.01, 3716.03, 3717.01, 3717.04, | 82 |
| 3717.05, 3717.07, 3717.45, 3717.51, 3718.02, | 83 |
| 3718.021, 3718.022, 3718.05, 3718.06, 3718.07, | 84 |
| 3718.09, 3721.01, 3721.011, 3721.02, 3721.03, | 85 |
| 3721.032, 3721.04, 3721.07, 3721.071, 3721.121, | 86 |
| 3721.13, 3721.21, 3721.28, 3721.29, 3721.50, | 87 |
| 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, | 88 |
| 3727.01, 3727.42, 3729.01, 3729.02, 3729.03, | 89 |
| 3729.04, 3729.07, 3729.08, 3730.10, 3733.02, | 90 |
| 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, | 91 |
| 3733.04, 3733.05, 3733.06, 3733.07, 3733.08, | 92 |
| 3733.09, 3733.091, 3733.10, 3733.101, 3733.11, | 93 |
| 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, | 94 |
| 3733.14, 3733.15, 3733.17, 3733.18, 3733.19, | 95 |
| 3733.20, 3733.41, 3733.42, 3734.01, 3734.131, | 96 |
| 3734.15, 3734.51, 3734.55, 3734.79, 3734.82, | 97 |
| 3735.37, 3737.83, 3737.841, 3742.01, 3742.02, | 98 |
| 3742.03, 3742.04, 3742.05, 3742.30, 3742.47, | 99 |
| 3742.50, 3743.04, 3743.06, 3743.19, 3743.25, | 100 |
| 3745.01, 3745.05, 3745.11, 3745.112, 3748.04, | 101 |
| 3748.05, 3748.07, 3748.10, 3748.12, 3748.13, | 102 |
| 3748.15, 3748.20, 3749.02, 3749.03, 3749.04, | 103 |
| 3752.06, 3769.28, 3770.06, 3781.03, 3781.06, | 104 |
| 3781.102, 3781.11, 3781.112, 3783.05, 3791.02, | 105 |
| 3791.04, 3791.05, 3791.07, 3793.04, 3793.09, | 106 |
| 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, | 107 |
| 4104.09, 4104.10, 4104.101, 4104.12, 4104.15, | 108 |
| 4104.16, 4104.17, 4104.18, 4104.19, 4104.21, | 109 |
| 4104.33, 4104.42, 4104.43, 4104.44, 4104.48, | 110 |
| 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, | 111 |
| 4105.06, 4105.09, 4105.11, 4105.12, 4105.13, | 112 |
| 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, | 113 |
| 4105.21, 4115.10, 4115.101, 4121.123, 4121.30, | 114 |
| 4123.20, 4123.41, 4163.07, 4169.02, 4169.03, | 115 |
| 4169.04, 4171.04, 4301.30, 4301.42, 4303.22, | 116 |
| 4303.33, 4313.02, 4501.01, 4501.06, 4503.031, | 117 |
| 4503.061, 4503.062, 4503.49, 4503.81, 4506.01, | 118 |
| 4506.03, 4506.22, 4506.25, 4507.01, 4507.011, | 119 |
| 4507.12, 4507.51, 4511.191, 4511.78, 4513.263, | 120 |
| 4513.50, 4561.21, 4731.22, 4736.01, 4740.03, | 121 |
| 4740.11, 4740.14, 4743.05, 4763.05, 4765.02, | 122 |
| 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, | 123 |
| 4765.08, 4765.09, 4765.10, 4765.101, 4765.102, | 124 |
| 4765.11, 4765.111, 4765.112, 4765.113, 4765.114, | 125 |
| 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, | 126 |
| 4765.17, 4765.18, 4765.22, 4765.23, 4765.28, | 127 |
| 4765.29, 4765.30, 4765.31, 4765.32, 4765.33, | 128 |
| 4765.37, 4765.38, 4765.39, 4765.40, 4765.42, | 129 |
| 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, | 130 |
| 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, | 131 |
| 4766.09, 4766.10, 4766.11, 4766.12, 4766.13, | 132 |
| 4766.15, 4766.22, 4773.08, 4781.01, 4781.02, | 133 |
| 4781.04, 4781.07, 4781.09, 4781.14, 4781.15, | 134 |
| 4781.99, 4905.01, 4905.02, 4905.03, 4905.05, | 135 |
| 4905.06, 4905.402, 4905.54, 4905.57, 4905.58, | 136 |
| 4905.84, 4905.90, 4907.01, 4907.02, 4907.04, | 137 |
| 4907.08, 4907.19, 4907.28, 4907.35, 4907.37, | 138 |
| 4907.43, 4907.49, 4907.57, 4907.59, 4907.60, | 139 |
| 4907.61, 4907.62, 4909.01, 4909.02, 4909.03, | 140 |
| 4909.17, 4909.22, 4909.24, 4909.28, 4911.01, | 141 |
| 4927.01, 4928.23, 4928.2314, 4929.01, 4929.02, | 142 |
| 4933.18, 4933.19, 4939.01, 4953.04, 4961.03, | 143 |
| 4965.54, 5101.01, 5101.46, 5101.60, 5101.61, | 144 |
| 5104.012, 5104.013, 5104.051, 5104.09, 5107.05, | 145 |
| 5111.031, 5111.032, 5111.033, 5111.034, 5111.06, | 146 |
| 5111.091, 5111.113, 5111.171, 5111.20, 5111.222, | 147 |
| 5111.23, 5111.242, 5111.254, 5111.862, 5111.874, | 148 |
| 5111.877, 5111.878, 5111.894, 5111.941, 5111.97, | 149 |
| 5112.31, 5112.33, 5112.341, 5112.37, 5112.371, | 150 |
| 5112.39, 5119.22, 5119.61, 5119.69, 5119.691, | 151 |
| 5119.692, 5119.99, 5120.036, 5120.105, 5120.132, | 152 |
| 5120.66, 5122.31, 5123.01, 5123.033, 5123.042, | 153 |
| 5123.044, 5123.0412, 5123.0414, 5123.0415, | 154 |
| 5123.081, 5123.16, 5123.161, 5123.162, 5123.163, | 155 |
| 5123.164, 5123.166, 5123.169, 5123.171, 5123.19, | 156 |
| 5123.31, 5123.38, 5123.41, 5123.50, 5123.51, | 157 |
| 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220, | 158 |
| 5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, | 159 |
| 5126.15, 5126.20, 5126.21, 5126.22, 5126.25, | 160 |
| 5126.251, 5126.51, 5139.41, 5139.43, 5149.311, | 161 |
| 5501.03, 5501.04, 5501.07, 5501.51, 5502.01, | 162 |
| 5502.011, 5503.02, 5503.04, 5503.21, 5503.22, | 163 |
| 5503.23, 5503.34, 5505.068, 5505.0610, 5701.13, | 164 |
| 5703.052, 5703.053, 5703.21, 5703.261, 5703.37, | 165 |
| 5703.47, 5703.70, 5705.27, 5705.32, 5705.392, | 166 |
| 5707.03, 5709.12, 5709.212, 5709.76, 5711.22, | 167 |
| 5713.051, 5717.01, 5717.011, 5717.02, 5725.02, | 168 |
| 5725.14, 5725.16, 5725.26, 5725.33, 5727.01, | 169 |
| 5727.111, 5727.84, 5727.86, 5731.39, 5733.01, | 170 |
| 5733.02, 5733.021, 5733.06, 5733.064, 5733.26, | 171 |
| 5735.02, 5735.03, 5735.35, 5739.01, 5739.02, | 172 |
| 5739.021, 5739.023, 5739.026, 5739.04, 5739.17, | 173 |
| 5741.08, 5743.031, 5743.20, 5743.61, 5743.66, | 174 |
| 5747.01, 5747.02, 5747.082, 5747.11, 5747.98, | 175 |
| 5749.01, 5749.02, 5751.01, 5751.011, 5751.012, | 176 |
| 5751.03, 5751.033, 5751.04, 5751.05, 5751.051, | 177 |
| 5751.08, 5751.12, 5751.20, 5751.22, 5751.98, | 178 |
| 5753.03, 5902.02, 6109.21, 6111.46, and 6115.20; | 179 |
| to amend, for the purpose of adopting new section | 180 |
| numbers as indicated in parentheses, sections | 181 |
| 123.011 (123.22), 123.04 (123.02), 123.07 | 182 |
| (123.03), 123.09 (123.04), 123.10 (123.05), | 183 |
| 123.024 (123.06), 123.101 (123.27), 123.11 | 184 |
| (123.07), 123.13 (123.08), 123.14 (123.09), 123.15 | 185 |
| (123.10), 123.17 (123.24), 123.21 (123.11), 123.46 | 186 |
| (123.12), 123.47 (123.13), 123.48 (123.14), 123.49 | 187 |
| (123.15), 123.77 (123.17), 123.08 (123.18), 185.01 | 188 |
| (3701.92), 185.02 (3701.923), 185.03 (3701.924), | 189 |
| 185.05 (3701.925), 185.06 (3701.926), 185.07 | 190 |
| (3701.927), 185.09 (3701.928), 185.12 (3701.929), | 191 |
| 1502.01 (3736.01), 1502.03 (3736.02), 1502.02 | 192 |
| (3736.03), 1502.04 (3736.04), 1502.05 (3736.05), | 193 |
| 1502.06 (3736.06), 1502.07 (3736.07), 1502.12 | 194 |
| (3734.822), 1502.99 (3736.99), 3702.522 | 195 |
| (3702.521), 3702.523 (3702.522), 3702.524 | 196 |
| (3702.523), 3702.525 (3702.524), 3702.526 | 197 |
| (3702.525), 3733.02 (4781.26), 3733.021 (4781.31), | 198 |
| 3733.022 (4781.32), 3733.024 (4781.33), 3733.025 | 199 |
| (4781.34), 3733.03 (4781.27), 3733.04 (4781.28), | 200 |
| 3733.05 (4781.29), 3733.06 (4781.30), 3733.07 | 201 |
| (4781.301), 3733.08 (4781.35), 3733.09 (4781.36), | 202 |
| 3733.091 (4781.37), 3733.10 (4781.38), 3733.101 | 203 |
| (4781.39), 3733.11 (4781.40), 3733.12 (4781.41), | 204 |
| 3733.121 (4781.42), 3733.122 (4781.43), 3733.123 | 205 |
| (4781.44), 3733.13 (4781.45), 3733.14 (4781.46), | 206 |
| 3733.15 (4781.47), 3733.16 (4781.48), 3733.17 | 207 |
| (4781.49), 3733.18 (4781.50), 3733.19 (4781.51), | 208 |
| 3733.20 (4781.52), 5123.169 (5123.1610), 5503.21 | 209 |
| (5502.05), 5503.22 (5502.06), and 5503.23 | 210 |
| (5502.07); to enact new sections 3702.526, | 211 |
| 4905.80, 4905.81, 4921.01, 4921.03, 4921.05, | 212 |
| 4921.07, 4921.09, 4921.11, 4921.13, 4921.15, | 213 |
| 4921.16, 4921.19, 4921.25, 4921.30, 4921.32, | 214 |
| 4921.36, 4921.38, 4923.01, 4923.02, 4923.04, | 215 |
| 4923.06, 4923.07, 4923.09, 4923.11, 4923.99, | 216 |
| 5123.169, and 5123.192 and sections 121.35, | 217 |
| 123.20, 123.201, 123.21, 123.23, 123.25, 123.26, | 218 |
| 123.51, 127.27, 131.46, 191.01, 191.02, 191.04, | 219 |
| 191.06, 307.093, 319.09, 321.49, 1509.51, | 220 |
| 1533.081, 2152.131, 2743.021, 2743.022, 3701.93, | 221 |
| 3701.931, 3701.932, 3701.933, 3701.934, 3701.935, | 222 |
| 3701.936, 3701.937, 3701.938, 3701.9310, | 223 |
| 3701.9311, 3701.9312, 3701.9314, 3702.511, | 224 |
| 3702.527, 3793.041, 3798.01, 3798.02, 3798.03, | 225 |
| 3798.04, 3798.06, 3798.08, 3798.10, 3798.12, | 226 |
| 3798.13, 3798.14, 3798.15, 3798.16, 4781.121, | 227 |
| 4781.54, 4921.21, 4921.34, 4923.15, 5111.246, | 228 |
| 5111.946, 5111.96, 5112.331, 5139.511, 5701.12, | 229 |
| 5703.021, 5703.061, 5705.52, 5713.052, 5726.01, | 230 |
| 5726.02, 5726.03, 5726.04, 5726.05, 5726.06, | 231 |
| 5726.07, 5726.08, 5726.10, 5726.20, 5726.21, | 232 |
| 5726.30, 5726.31, 5726.32, 5726.33, 5726.36, | 233 |
| 5726.40, 5726.41, 5726.42, 5726.43, 5726.50, | 234 |
| 5726.51, 5726.52, 5726.53, 5726.54, 5726.55, | 235 |
| 5726.98, 5726.99, 5747.65, 5749.031, and 5751.54; | 236 |
| and to repeal sections 109.802, 122.29, 131.44, | 237 |
| 185.04, 185.08, 185.10, 185.11, 340.05, 2301.19, | 238 |
| 2909.32, 2909.33, 2909.34, 3333.049, 3333.0411, | 239 |
| 3333.33, 3333.70, 3333.80, 3334.111, 3354.23, | 240 |
| 3701.02, 3701.032, 3701.12, 3701.33, 3701.34, | 241 |
| 3701.35, 3702.521, 3702.5210, 3702.5211, | 242 |
| 3702.5212, 3702.5213, 3702.58, 3702.591, 3709.081, | 243 |
| 3733.01, 3733.031, 3745.111, 3781.183, 3791.043, | 244 |
| 4113.11, 4121.18, 4766.02, 4766.20, 4905.80, | 245 |
| 4905.801, 4905.81, 4905.82, 4905.83, 4919.75, | 246 |
| 4919.76, 4919.77, 4919.78, 4919.79, 4919.99, | 247 |
| 4921.01, 4921.02, 4921.03, 4921.04, 4921.05, | 248 |
| 4921.06, 4921.07, 4921.08, 4921.09, 4921.10, | 249 |
| 4921.101, 4921.11, 4921.12, 4921.13, 4921.14, | 250 |
| 4921.15, 4921.16, 4921.17, 4921.18, 4921.19, | 251 |
| 4921.20, 4921.23, 4921.24, 4921.25, 4921.26, | 252 |
| 4921.27, 4921.28, 4921.30, 4921.31, 4921.32, | 253 |
| 4921.35, 4921.36, 4921.37, 4921.38, 4921.39, | 254 |
| 4921.40, 4921.99, 4923.01, 4923.02, 4923.03, | 255 |
| 4923.04, 4923.05, 4923.06, 4923.07, 4923.08, | 256 |
| 4923.09, 4923.10, 4923.11, 4923.12, 4923.13, | 257 |
| 4923.14, 4923.17, 4923.20, 4923.26, 4923.99, | 258 |
| 5101.97, 5111.651, 5119.614, 5119.70, 5119.701, | 259 |
| 5119.71, 5119.711, 5119.712, 5119.72, 5119.73, | 260 |
| 5119.731, 5119.74, 5119.75, 5119.76, 5119.77, | 261 |
| 5119.78, 5119.79, 5119.80, 5119.81, 5119.82, | 262 |
| 5119.83, 5119.84, 5119.85, 5119.86, 5119.87, | 263 |
| 5119.88, 5123.082, 5123.083, 5123.192, 5126.0222, | 264 |
| 5126.252, 5126.26, 5126.27, 5126.28, 5126.281, | 265 |
| 5126.29, 5501.09, and 5751.032 of the Revised | 266 |
| Code; to amend Section 205.10 of Am. Sub. H.B. 114 | 267 |
| of the 129th General Assembly, as subsequently | 268 |
| amended, Section 201 of Sub. H.B. 123 of the 129th | 269 |
| General Assembly, Section 1 of H.B. 124 of the | 270 |
| 129th General Assembly, Sections 205.10, 207.10, | 271 |
| 207.10.80, 207.20.30, 207.20.90, 209.10, 209.20, | 272 |
| 211.10, 215.10, 223.10, 229.10, 243.10, 247.10, | 273 |
| 263.10, 263.10.30, 263.10.90, 263.20.40, | 274 |
| 263.20.70, 267.10, 267.10.10, 267.10.20, | 275 |
| 267.10.40, 267.30.20, 267.30.40, 279.10, 291.10, | 276 |
| 307.10, 309.10, 309.30.30, 309.30.33, 309.35.73, | 277 |
| 315.10, 327.10, 335.10, 343.10, 365.10, 367.10, | 278 |
| 369.10, 371.10, 371.60.80, 373.10, 375.10, 379.10, | 279 |
| 387.10, 403.10, 411.10, 415.10, 503.50, 521.70, | 280 |
| and 753.25 of Am. Sub. H.B. 153 of the 129th | 281 |
| General Assembly, Section 4 of Sub. S.B. 171 of | 282 |
| the 129th General Assembly, Section 3 of Am. Sub. | 283 |
| S.B. 160 of the 121st General Assembly, and | 284 |
| Section 3 of Am. Sub. S.B. 38 of the 120th General | 285 |
| Assembly; to amend the versions of sections | 286 |
| 5122.31, 5123.19, and 5123.61 of the Revised Code | 287 |
| that are scheduled to take effect October 1, 2012, | 288 |
| to continue the provisions of this act on and | 289 |
| after that effective date; and to repeal the | 290 |
| version of section 131.44 of the Revised Code that | 291 |
| is scheduled to take effect June 1, 2013; to make | 292 |
| operating and other appropriations, to levy taxes | 293 |
| and provide for implementation of those levies, | 294 |
| and to provide authorization and conditions for | 295 |
| the operation of state programs. | 296 |
| Section 101.01. That sections 7.10, 7.16, 102.02, 105.41, | 297 |
| 109.57, 109.572, 109.803, 118.023, 118.06, 120.08, 120.53, 121.04, | 298 |
| 121.08, 121.083, 121.084, 121.22, 122.07, 122.15, 122.151, | 299 |
| 122.152, 122.153, 122.154, 122.17, 122.171, 122.28, 122.30, | 300 |
| 122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.85, 123.01, | 301 |
| 123.011, 123.07, 123.09, 123.10, 123.101, 123.13, 123.14, 123.15, | 302 |
| 123.152, 123.17, 123.21, 123.48, 123.77, 124.04, 124.06, 124.11, | 303 |
| 124.12, 124.14, 124.231, 124.241, 124.25, 124.26, 124.27, 124.30, | 304 |
| 124.31, 125.082, 125.14, 126.14, 131.02, 131.44, 140.01, 140.03, | 305 |
| 140.05, 140.08, 145.01, 145.012, 145.114, 145.116, 149.01, | 306 |
| 149.311, 150.01, 150.03, 150.05, 150.07, 150.10, 152.18, 152.24, | 307 |
| 153.01, 153.011, 153.013, 153.02, 153.04, 153.06, 153.07, 153.08, | 308 |
| 153.09, 153.11, 153.12, 153.14, 153.16, 153.17, 153.502, 153.503, | 309 |
| 153.53, 167.04, 173.14, 173.21, 173.23, 173.26, 173.27, 173.391, | 310 |
| 173.394, 173.40, 173.42, 173.45, 173.46, 184.02, 185.01, 185.02, | 311 |
| 185.03, 185.05, 185.06, 185.07, 185.09, 185.12, 305.171, 306.04, | 312 |
| 306.36, 307.05, 307.051, 307.055, 309.09, 313.121, 313.122, | 313 |
| 313.16, 317.24, 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, | 314 |
| 329.44, 329.45, 329.46, 330.04, 339.091, 340.03, 340.091, 505.37, | 315 |
| 505.375, 505.44, 505.72, 715.013, 723.52, 723.53, 731.141, 735.05, | 316 |
| 737.03, 742.114, 742.116, 749.26, 749.28, 749.31, 753.15, 755.29, | 317 |
| 755.30, 901.54, 955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05, | 318 |
| 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1345.05, | 319 |
| 1501.04, 1502.01, 1502.02, 1502.03, 1502.04, 1502.05, 1502.06, | 320 |
| 1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.01, 1509.06, | 321 |
| 1509.071, 1509.36, 1541.26, 1551.33, 1555.02, 1555.03, 1555.04, | 322 |
| 1555.05, 1555.06, 1571.14, 1701.86, 1702.47, 1707.08, 1707.391, | 323 |
| 1733.47, 1751.01, 1751.02, 1751.13, 1761.26, 1901.18, 1909.11, | 324 |
| 1923.01, 1923.02, 1923.061, 1923.15, 2151.86, 2152.121, 2152.22, | 325 |
| 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 2301.24, | 326 |
| 2301.25, 2301.26, 2301.27, 2301.271, 2301.571, 2305.01, 2305.02, | 327 |
| 2307.89, 2317.02, 2317.422, 2317.56, 2319.27, 2501.16, 2501.17, | 328 |
| 2743.01, 2743.02, 2743.09, 2743.10, 2743.48, 2746.01, 2746.03, | 329 |
| 2746.04, 2903.33, 2907.27, 2907.29, 2909.21, 2909.28, 2927.023, | 330 |
| 2929.01, 2929.19, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, | 331 |
| 2945.401, 2953.32, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, | 332 |
| 2967.191, 2967.193, 2967.26, 2967.28, 2981.11, 2981.14, 3125.41, | 333 |
| 3301.55, 3304.14, 3304.16, 3304.181, 3304.182, 3307.152, 3307.154, | 334 |
| 3309.157, 3309.159, 3313.65, 3313.71, 3316.04, 3316.06, 3318.10, | 335 |
| 3318.30, 3318.31, 3333.04, 3333.041, 3333.123, 3333.21, 3333.31, | 336 |
| 3333.60, 3333.61, 3333.71, 3333.72, 3345.16, 3345.28, 3345.50, | 337 |
| 3345.51, 3345.54, 3345.69, 3345.692, 3347.03, 3383.02, 3383.07, | 338 |
| 3701.021, 3701.023, 3701.024, 3701.025, 3701.03, 3701.05, 3701.07, | 339 |
| 3701.072, 3701.11, 3701.132, 3701.146, 3701.161, 3701.20, | 340 |
| 3701.201, 3701.21, 3701.221, 3701.23, 3701.232, 3701.24, 3701.241, | 341 |
| 3701.242, 3701.248, 3701.341, 3701.342, 3701.343, 3701.344, | 342 |
| 3701.345, 3701.347, 3701.352, 3701.40, 3701.503, 3701.507, | 343 |
| 3701.508, 3701.509, 3701.57, 3701.63, 3701.74, 3701.87, 3701.881, | 344 |
| 3702.141, 3702.31, 3702.51, 3702.52, 3702.522, 3702.523, 3702.524, | 345 |
| 3702.525, 3702.526, 3702.53, 3702.531, 3702.54, 3702.55, 3702.56, | 346 |
| 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60, 3702.62, | 347 |
| 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, | 348 |
| 3703.10, 3703.21, 3703.99, 3704.035, 3705.24, 3705.30, 3706.19, | 349 |
| 3709.03, 3709.04, 3709.06, 3709.08, 3709.085, 3709.09, 3709.092, | 350 |
| 3709.28, 3709.32, 3709.34, 3709.35, 3709.36, 3710.01, 3710.02, | 351 |
| 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.09, | 352 |
| 3710.10, 3710.12, 3710.13, 3710.17, 3711.04, 3711.06, 3711.08, | 353 |
| 3711.12, 3711.21, 3712.03, 3712.04, 3712.09, 3713.01, 3713.02, | 354 |
| 3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, | 355 |
| 3713.10, 3714.073, 3715.01, 3715.025, 3715.60, 3715.61, 3715.62, | 356 |
| 3715.68, 3716.01, 3716.03, 3717.01, 3717.04, 3717.05, 3717.07, | 357 |
| 3717.45, 3717.51, 3718.02, 3718.021, 3718.022, 3718.05, 3718.06, | 358 |
| 3718.07, 3718.09, 3721.01, 3721.011, 3721.02, 3721.03, 3721.032, | 359 |
| 3721.04, 3721.07, 3721.071, 3721.121, 3721.13, 3721.21, 3721.28, | 360 |
| 3721.29, 3721.50, 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, | 361 |
| 3727.01, 3727.42, 3729.01, 3729.02, 3729.03, 3729.04, 3729.07, | 362 |
| 3729.08, 3730.10, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, | 363 |
| 3733.03, 3733.04, 3733.05, 3733.06, 3733.07, 3733.08, 3733.09, | 364 |
| 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, | 365 |
| 3733.123, 3733.13, 3733.14, 3733.15, 3733.17, 3733.18, 3733.19, | 366 |
| 3733.20, 3733.41, 3733.42, 3734.01, 3734.131, 3734.15, 3734.51, | 367 |
| 3734.55, 3734.79, 3734.82, 3735.37, 3737.83, 3737.841, 3742.01, | 368 |
| 3742.02, 3742.03, 3742.04, 3742.05, 3742.30, 3742.47, 3742.50, | 369 |
| 3743.04, 3743.06, 3743.19, 3743.25, 3745.01, 3745.05, 3745.11, | 370 |
| 3745.112, 3748.04, 3748.05, 3748.07, 3748.10, 3748.12, 3748.13, | 371 |
| 3748.15, 3748.20, 3749.02, 3749.03, 3749.04, 3752.06, 3769.28, | 372 |
| 3770.06, 3781.03, 3781.06, 3781.102, 3781.11, 3781.112, 3783.05, | 373 |
| 3791.02, 3791.04, 3791.05, 3791.07, 3793.04, 3793.09, 4104.01, | 374 |
| 4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101, | 375 |
| 4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21, | 376 |
| 4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02, | 377 |
| 4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12, | 378 |
| 4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21, | 379 |
| 4115.10, 4115.101, 4121.123, 4121.30, 4123.20, 4123.41, 4163.07, | 380 |
| 4169.02, 4169.03, 4169.04, 4171.04, 4301.30, 4301.42, 4303.22, | 381 |
| 4303.33, 4313.02, 4501.01, 4501.06, 4503.031, 4503.061, 4503.062, | 382 |
| 4503.49, 4503.81, 4506.01, 4506.03, 4506.22, 4506.25, 4507.01, | 383 |
| 4507.011, 4507.12, 4507.51, 4511.191, 4511.78, 4513.263, 4513.50, | 384 |
| 4561.21, 4731.22, 4736.01, 4740.03, 4740.11, 4740.14, 4743.05, | 385 |
| 4763.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, | 386 |
| 4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, | 387 |
| 4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12, | 388 |
| 4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28, | 389 |
| 4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38, | 390 |
| 4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56, | 391 |
| 4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09, | 392 |
| 4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 4773.08, | 393 |
| 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 4781.15, | 394 |
| 4781.99, 4905.01, 4905.02, 4905.03, 4905.05, 4905.06, 4905.402, | 395 |
| 4905.54, 4905.57, 4905.58, 4905.84, 4905.90, 4907.01, 4907.02, | 396 |
| 4907.04, 4907.08, 4907.19, 4907.28, 4907.35, 4907.37, 4907.43, | 397 |
| 4907.49, 4907.57, 4907.59, 4907.60, 4907.61, 4907.62, 4909.01, | 398 |
| 4909.02, 4909.03, 4909.17, 4909.22, 4909.24, 4909.28, 4911.01, | 399 |
| 4927.01, 4928.23, 4928.2314, 4929.01, 4929.02, 4933.18, 4933.19, | 400 |
| 4939.01, 4953.04, 4961.03, 4965.54, 5101.01, 5101.46, 5101.60, | 401 |
| 5101.61, 5104.012, 5104.013, 5104.051, 5104.09, 5104.37, 5107.05, | 402 |
| 5111.031, 5111.032, 5111.033, 5111.034, 5111.06, 5111.091, | 403 |
| 5111.113, 5111.171, 5111.20, 5111.222, 5111.23, 5111.242, | 404 |
| 5111.254, 5111.862, 5111.874, 5111.877, 5111.878, 5111.894, | 405 |
| 5111.941, 5111.97, 5112.31, 5112.33, 5112.341, 5112.37, 5112.371, | 406 |
| 5112.39, 5119.22, 5119.61, 5119.69, 5119.691, 5119.692, 5119.99, | 407 |
| 5120.036, 5120.105, 5120.132, 5120.66, 5122.31, 5123.01, 5123.033, | 408 |
| 5123.042, 5123.044, 5123.0412, 5123.0414, 5123.0415, 5123.081, | 409 |
| 5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.166, | 410 |
| 5123.169, 5123.171, 5123.19, 5123.31, 5123.38, 5123.41, 5123.50, | 411 |
| 5123.51, 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220, | 412 |
| 5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, 5126.15, | 413 |
| 5126.20, 5126.21, 5126.22, 5126.25, 5126.251, 5126.51, 5139.41, | 414 |
| 5139.43, 5149.311, 5501.03, 5501.04, 5501.07, 5501.51, 5502.01, | 415 |
| 5502.011, 5503.02, 5503.04, 5503.21, 5503.22, 5503.23, 5503.34, | 416 |
| 5505.068, 5505.0610, 5701.13, 5703.052, 5703.053, 5703.21, | 417 |
| 5703.261, 5703.37, 5703.47, 5703.70, 5705.27, 5705.32, 5705.392, | 418 |
| 5707.03, 5709.12, 5709.212, 5709.76, 5711.22, 5713.051, 5717.01, | 419 |
| 5717.011, 5717.02, 5725.02, 5725.14, 5725.16, 5725.26, 5725.33, | 420 |
| 5727.01, 5727.111, 5727.84, 5727.86, 5731.39, 5733.01, 5733.02, | 421 |
| 5733.021, 5733.06, 5733.064, 5733.26, 5735.02, 5735.03, 5735.35, | 422 |
| 5739.01, 5739.02, 5739.021, 5739.023, 5739.026, 5739.04, 5739.17, | 423 |
| 5741.08, 5743.031, 5743.20, 5743.61, 5743.66, 5747.01, 5747.02, | 424 |
| 5747.082, 5747.11, 5747.98, 5749.01, 5749.02, 5751.01, 5751.011, | 425 |
| 5751.012, 5751.03, 5751.033, 5751.04, 5751.05, 5751.051, 5751.08, | 426 |
| 5751.12, 5751.20, 5751.22, 5751.98, 5753.03, 5902.02, 6109.21, | 427 |
| 6111.46, and 6115.20 be amended; sections 123.011 (123.22), 123.04 | 428 |
| (123.02), 123.07 (123.03), 123.09 (123.04), 123.10 (123.05), | 429 |
| 123.024 (123.06), 123.101 (123.27), 123.11 (123.07), 123.13 | 430 |
| (123.08), 123.14 (123.09), 123.15 (123.10), 123.17 (123.24), | 431 |
| 123.21 (123.11), 123.46 (123.12), 123.47 (123.13), 123.48 | 432 |
| (123.14), 123.49 (123.15), 123.77 (123.17), 123.08 (123.18), | 433 |
| 185.01 (3701.92), 185.02 (3701.923), 185.03 (3701.924), 185.05 | 434 |
| (3701.925), 185.06 (3701.926), 185.07 (3701.927), 185.09 | 435 |
| (3701.928), 185.12 (3701.929), 1502.01 (3736.01), 1502.03 | 436 |
| (3736.02), 1502.02 (3736.03), 1502.04 (3736.04), 1502.05 | 437 |
| (3736.05), 1502.06 (3736.06), 1502.07 (3736.07), 1502.12 | 438 |
| (3734.822), 1502.99 (3736.99), 3702.522 (3702.521), 3702.523 | 439 |
| (3702.522), 3702.524 (3702.523), 3702.525 (3702.524), 3702.526 | 440 |
| (3702.525), 3733.02 (4781.26), 3733.021 (4781.31), 3733.022 | 441 |
| (4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03 | 442 |
| (4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06 | 443 |
| (4781.30), 3733.07 (4781.301), 3733.08 (4781.35), 3733.09 | 444 |
| (4781.36), 3733.091 (4781.37), 3733.10 (4781.38), 3733.101 | 445 |
| (4781.39), 3733.11 (4781.40), 3733.12 (4781.41), 3733.121 | 446 |
| (4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 3733.13 | 447 |
| (4781.45), 3733.14 (4781.46), 3733.15 (4781.47), 3733.16 | 448 |
| (4781.48), 3733.17 (4781.49), 3733.18 (4781.50), 3733.19 | 449 |
| (4781.51), 3733.20 (4781.52), 5123.169 (5123.1610), 5503.21 | 450 |
| (5502.05), 5503.22 (5502.06), and 5503.23 (5502.07) be amended for | 451 |
| the purpose of adopting new section numbers as indicated in | 452 |
| parentheses; and new sections 3702.526, 4905.80, 4905.81, 4921.01, | 453 |
| 4921.03, 4921.05, 4921.07, 4921.09, 4921.11, 4921.13, 4921.15, | 454 |
| 4921.16, 4921.19, 4921.25, 4921.30, 4921.32, 4921.36, 4921.38, | 455 |
| 4923.01, 4923.02, 4923.04, 4923.06, 4923.07, 4923.09, 4923.11, | 456 |
| 4923.99, 5123.169, and 5123.192 and sections 121.35, 123.20, | 457 |
| 123.201, 123.21, 123.23, 123.25, 123.26, 123.51, 127.27, 131.46, | 458 |
| 191.01, 191.02, 191.04, 191.06, 307.093, 319.09, 321.49, 1509.51, | 459 |
| 1533.081, 2152.131, 2743.021, 2743.022, 3701.93, 3701.931, | 460 |
| 3701.932, 3701.933, 3701.934, 3701.935, 3701.936, 3701.937, | 461 |
| 3701.938, 3701.9310, 3701.9311, 3701.9312, 3701.9314, 3702.511, | 462 |
| 3702.527, 3793.041, 3798.01, 3798.02, 3798.03, 3798.04, 3798.06, | 463 |
| 3798.08, 3798.10, 3798.12, 3798.13, 3798.14, 3798.15, 3798.16, | 464 |
| 4781.121, 4781.54, 4921.21, 4921.34, 4923.15, 5111.246, 5111.946, | 465 |
| 5111.96, 5112.331, 5139.511, 5701.12, 5703.021, 5703.061, 5705.52, | 466 |
| 5713.052, 5726.01, 5726.02, 5726.03, 5726.04, 5726.05, 5726.06, | 467 |
| 5726.07, 5726.08, 5726.10, 5726.20, 5726.21, 5726.30, 5726.31, | 468 |
| 5726.32, 5726.33, 5726.36, 5726.40, 5726.41, 5726.42, 5726.43, | 469 |
| 5726.50, 5726.51, 5726.52, 5726.53, 5726.54, 5726.55, 5726.98, | 470 |
| 5726.99, 5747.65, 5749.031, and 5751.54 of the Revised Code be | 471 |
| enacted to read as follows: | 472 |
| Sec. 7.10. For the publication of advertisements, notices, | 473 |
| and proclamations, except those relating to proposed amendments to | 474 |
| the Ohio Constitution, required to be published by a public | 475 |
|
officer of the state, | 476 |
| trustee, assignee, executor, or administrator, or by or in any | 477 |
| court of record, except when the rate is otherwise fixed by law, | 478 |
| publishers of newspapers may charge and receive for such | 479 |
| advertisements, notices, and proclamations rates charged on annual | 480 |
| contracts by them for a like amount of space to other advertisers | 481 |
| who advertise in its general display advertising columns. | 482 |
| For the publication of advertisements, notices, or | 483 |
| proclamations required to be published by a public officer of a | 484 |
| county, municipal corporation, township, school, or other | 485 |
| political subdivision, publishers of newspapers shall establish a | 486 |
| government rate, which shall include free publication of | 487 |
| advertisements, notices, or proclamations on the newspaper's | 488 |
| internet web site, if the newspaper has one. The government rate | 489 |
| shall not exceed the lowest classified advertising rate and lowest | 490 |
| insert rate paid by other advertisers. | 491 |
| Legal advertising, except that relating to proposed | 492 |
| amendments to the Ohio Constitution, shall be set up in a compact | 493 |
| form, without unnecessary spaces, blanks, or headlines, and | 494 |
| printed in not smaller than six-point type. The type used must be | 495 |
| of such proportions that the body of the capital letter M is no | 496 |
| wider than it is high and all other letters and characters are in | 497 |
| proportion. | 498 |
| Except as provided in section 2701.09 of the Revised Code, | 499 |
|
all legal advertisements or notices shall be printed in | 500 |
| a newspaper of general circulation | 501 |
| 502 | |
| 503 | |
| newspaper has one. | 504 |
| Sec. 7.16. (A) As used in this section: | 505 |
| (1) "State agency" means any organized body, office, agency, | 506 |
| institution, or other entity established by the laws of the state | 507 |
| for the exercise of any function of state government, including | 508 |
| state institutions of higher education, as defined in section | 509 |
| 3345.011 of the Revised Code. | 510 |
| (2) "Political subdivision" has the meaning defined in | 511 |
| section 2744.01 of the Revised Code. | 512 |
| (B) If a section of the Revised Code or an administrative | 513 |
|
rule requires a state agency or a political subdivision | 514 |
| 515 | |
| newspaper of general circulation and the section or administrative | 516 |
| rule refers to this section, the first publication of the notice | 517 |
| or advertisement shall be made in its entirety in a newspaper of | 518 |
| general circulation and may be made in a preprinted insert in the | 519 |
| newspaper, but the second publication otherwise required by that | 520 |
| section or administrative rule may be made in abbreviated form in | 521 |
| a newspaper of general circulation in the state or in the | 522 |
| political subdivision, as designated in that section or | 523 |
| administrative rule, and on the newspaper's internet web site, if | 524 |
| the newspaper has one. The state agency or political subdivision | 525 |
| may eliminate any further newspaper publications required by that | 526 |
| section or administrative rule, provided that the second, | 527 |
| abbreviated notice or advertisement meets all of the following | 528 |
| requirements: | 529 |
| (1) It is published in the newspaper of general circulation | 530 |
| in which the first publication of the notice or advertisement was | 531 |
| made and is published on that newspaper's internet web site, if | 532 |
| the newspaper has one. | 533 |
| (2) It is published on the state public notice web site | 534 |
| established under section 125.182 of the Revised Code. | 535 |
| (3) It includes a title, followed by a summary paragraph or | 536 |
| statement that clearly describes the specific purpose of the | 537 |
| notice or advertisement, and includes a statement that the notice | 538 |
| or advertisement is posted in its entirety on the state public | 539 |
|
notice web site | 540 |
| 541 | |
| agency's or political subdivision's internet web site. | 542 |
| | 543 |
| notice web site, and of the newspaper's and state agency's or | 544 |
| political subdivision's internet web site if the notice or | 545 |
| advertisement is posted on those web sites, and the name, address, | 546 |
| telephone number, and electronic mail address of the state agency, | 547 |
| political subdivision, or other party responsible for publication | 548 |
| of the notice or advertisement. | 549 |
| | 550 |
| on an internet web site shall be published in its entirety in | 551 |
| accordance with the section of the Revised Code or the | 552 |
| administrative rule that requires the publication. | 553 |
| | 554 |
| 555 | |
| 556 | |
| established under section 125.182 of the Revised Code is not | 557 |
| operational, the state agency or political subdivision shall not | 558 |
| publish a notice or advertisement under this section, but instead | 559 |
| shall comply with the publication requirements of the section of | 560 |
| the Revised Code or the administrative rule that refers to this | 561 |
| section. | 562 |
| Sec. 102.02. (A) Except as otherwise provided in division | 563 |
| (H) of this section, all of the following shall file with the | 564 |
| appropriate ethics commission the disclosure statement described | 565 |
| in this division on a form prescribed by the appropriate | 566 |
| commission: every person who is elected to or is a candidate for a | 567 |
| state, county, or city office and every person who is appointed to | 568 |
| fill a vacancy for an unexpired term in such an elective office; | 569 |
| all members of the state board of education; the director, | 570 |
| assistant directors, deputy directors, division chiefs, or persons | 571 |
| of equivalent rank of any administrative department of the state; | 572 |
| the president or other chief administrative officer of every state | 573 |
| institution of higher education as defined in section 3345.011 of | 574 |
| the Revised Code; the executive director and the members of the | 575 |
| capitol square review and advisory board appointed or employed | 576 |
| pursuant to section 105.41 of the Revised Code; all members of the | 577 |
| Ohio casino control commission, the executive director of the | 578 |
| commission, all professional employees of the commission, and all | 579 |
| technical employees of the commission who perform an internal | 580 |
| audit function; the individuals set forth in division (B)(2) of | 581 |
| section 187.03 of the Revised Code; the chief executive officer | 582 |
| and the members of the board of each state retirement system; each | 583 |
| employee of a state retirement board who is a state retirement | 584 |
| system investment officer licensed pursuant to section 1707.163 of | 585 |
| the Revised Code; the members of the Ohio retirement study council | 586 |
| appointed pursuant to division (C) of section 171.01 of the | 587 |
| Revised Code; employees of the Ohio retirement study council, | 588 |
| other than employees who perform purely administrative or clerical | 589 |
| functions; the administrator of workers' compensation and each | 590 |
| member of the bureau of workers' compensation board of directors; | 591 |
| the bureau of workers' compensation director of investments; the | 592 |
| chief investment officer of the bureau of workers' compensation; | 593 |
| all members of the board of commissioners on grievances and | 594 |
| discipline of the supreme court and the ethics commission created | 595 |
| under section 102.05 of the Revised Code; every business manager, | 596 |
| treasurer, or superintendent of a city, local, exempted village, | 597 |
| joint vocational, or cooperative education school district or an | 598 |
| educational service center; every person who is elected to or is a | 599 |
| candidate for the office of member of a board of education of a | 600 |
| city, local, exempted village, joint vocational, or cooperative | 601 |
| education school district or of a governing board of an | 602 |
| educational service center that has a total student count of | 603 |
| twelve thousand or more as most recently determined by the | 604 |
| department of education pursuant to section 3317.03 of the Revised | 605 |
| Code; every person who is appointed to the board of education of a | 606 |
| municipal school district pursuant to division (B) or (F) of | 607 |
| section 3311.71 of the Revised Code; all members of the board of | 608 |
| directors of a sanitary district that is established under Chapter | 609 |
| 6115. of the Revised Code and organized wholly for the purpose of | 610 |
| providing a water supply for domestic, municipal, and public use, | 611 |
| and that includes two municipal corporations in two counties; | 612 |
| every public official or employee who is paid a salary or wage in | 613 |
| accordance with schedule C of section 124.15 or schedule E-2 of | 614 |
| section 124.152 of the Revised Code; members of the board of | 615 |
| trustees and the executive director of the southern Ohio | 616 |
| agricultural and community development foundation; all members | 617 |
| appointed to the Ohio livestock care standards board under section | 618 |
| 904.02 of the Revised Code; and every other public official or | 619 |
| employee who is designated by the appropriate ethics commission | 620 |
| pursuant to division (B) of this section. | 621 |
| The disclosure statement shall include all of the following: | 622 |
| (1) The name of the person filing the statement and each | 623 |
| member of the person's immediate family and all names under which | 624 |
| the person or members of the person's immediate family do | 625 |
| business; | 626 |
| (2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 627 |
| and except as otherwise provided in section 102.022 of the Revised | 628 |
| Code, identification of every source of income, other than income | 629 |
| from a legislative agent identified in division (A)(2)(b) of this | 630 |
| section, received during the preceding calendar year, in the | 631 |
| person's own name or by any other person for the person's use or | 632 |
| benefit, by the person filing the statement, and a brief | 633 |
| description of the nature of the services for which the income was | 634 |
| received. If the person filing the statement is a member of the | 635 |
| general assembly, the statement shall identify the amount of every | 636 |
| source of income received in accordance with the following ranges | 637 |
| of amounts: zero or more, but less than one thousand dollars; one | 638 |
| thousand dollars or more, but less than ten thousand dollars; ten | 639 |
| thousand dollars or more, but less than twenty-five thousand | 640 |
| dollars; twenty-five thousand dollars or more, but less than fifty | 641 |
| thousand dollars; fifty thousand dollars or more, but less than | 642 |
| one hundred thousand dollars; and one hundred thousand dollars or | 643 |
| more. Division (A)(2)(a) of this section shall not be construed to | 644 |
| require a person filing the statement who derives income from a | 645 |
| business or profession to disclose the individual items of income | 646 |
| that constitute the gross income of that business or profession, | 647 |
| except for those individual items of income that are attributable | 648 |
| to the person's or, if the income is shared with the person, the | 649 |
| partner's, solicitation of services or goods or performance, | 650 |
| arrangement, or facilitation of services or provision of goods on | 651 |
| behalf of the business or profession of clients, including | 652 |
| corporate clients, who are legislative agents. A person who files | 653 |
| the statement under this section shall disclose the identity of | 654 |
| and the amount of income received from a person who the public | 655 |
| official or employee knows or has reason to know is doing or | 656 |
| seeking to do business of any kind with the public official's or | 657 |
| employee's agency. | 658 |
| (b) If the person filing the statement is a member of the | 659 |
| general assembly, the statement shall identify every source of | 660 |
| income and the amount of that income that was received from a | 661 |
| legislative agent during the preceding calendar year, in the | 662 |
| person's own name or by any other person for the person's use or | 663 |
| benefit, by the person filing the statement, and a brief | 664 |
| description of the nature of the services for which the income was | 665 |
| received. Division (A)(2)(b) of this section requires the | 666 |
| disclosure of clients of attorneys or persons licensed under | 667 |
| section 4732.12 of the Revised Code, or patients of persons | 668 |
| certified under section 4731.14 of the Revised Code, if those | 669 |
| clients or patients are legislative agents. Division (A)(2)(b) of | 670 |
| this section requires a person filing the statement who derives | 671 |
| income from a business or profession to disclose those individual | 672 |
| items of income that constitute the gross income of that business | 673 |
| or profession that are received from legislative agents. | 674 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 675 |
| this section, division (A)(2)(a) of this section applies to | 676 |
| attorneys, physicians, and other persons who engage in the | 677 |
| practice of a profession and who, pursuant to a section of the | 678 |
| Revised Code, the common law of this state, a code of ethics | 679 |
| applicable to the profession, or otherwise, generally are required | 680 |
| not to reveal, disclose, or use confidences of clients, patients, | 681 |
| or other recipients of professional services except under | 682 |
| specified circumstances or generally are required to maintain | 683 |
| those types of confidences as privileged communications except | 684 |
| under specified circumstances. Division (A)(2)(a) of this section | 685 |
| does not require an attorney, physician, or other professional | 686 |
| subject to a confidentiality requirement as described in division | 687 |
| (A)(2)(c) of this section to disclose the name, other identity, or | 688 |
| address of a client, patient, or other recipient of professional | 689 |
| services if the disclosure would threaten the client, patient, or | 690 |
| other recipient of professional services, would reveal details of | 691 |
| the subject matter for which legal, medical, or professional | 692 |
| advice or other services were sought, or would reveal an otherwise | 693 |
| privileged communication involving the client, patient, or other | 694 |
| recipient of professional services. Division (A)(2)(a) of this | 695 |
| section does not require an attorney, physician, or other | 696 |
| professional subject to a confidentiality requirement as described | 697 |
| in division (A)(2)(c) of this section to disclose in the brief | 698 |
| description of the nature of services required by division | 699 |
| (A)(2)(a) of this section any information pertaining to specific | 700 |
| professional services rendered for a client, patient, or other | 701 |
| recipient of professional services that would reveal details of | 702 |
| the subject matter for which legal, medical, or professional | 703 |
| advice was sought or would reveal an otherwise privileged | 704 |
| communication involving the client, patient, or other recipient of | 705 |
| professional services. | 706 |
| (3) The name of every corporation on file with the secretary | 707 |
| of state that is incorporated in this state or holds a certificate | 708 |
| of compliance authorizing it to do business in this state, trust, | 709 |
| business trust, partnership, or association that transacts | 710 |
| business in this state in which the person filing the statement or | 711 |
| any other person for the person's use and benefit had during the | 712 |
| preceding calendar year an investment of over one thousand dollars | 713 |
| at fair market value as of the thirty-first day of December of the | 714 |
| preceding calendar year, or the date of disposition, whichever is | 715 |
| earlier, or in which the person holds any office or has a | 716 |
| fiduciary relationship, and a description of the nature of the | 717 |
| investment, office, or relationship. Division (A)(3) of this | 718 |
| section does not require disclosure of the name of any bank, | 719 |
| savings and loan association, credit union, or building and loan | 720 |
| association with which the person filing the statement has a | 721 |
| deposit or a withdrawable share account. | 722 |
| (4) All fee simple and leasehold interests to which the | 723 |
| person filing the statement holds legal title to or a beneficial | 724 |
| interest in real property located within the state, excluding the | 725 |
| person's residence and property used primarily for personal | 726 |
| recreation; | 727 |
| (5) The names of all persons residing or transacting business | 728 |
| in the state to whom the person filing the statement owes, in the | 729 |
| person's own name or in the name of any other person, more than | 730 |
| one thousand dollars. Division (A)(5) of this section shall not be | 731 |
| construed to require the disclosure of debts owed by the person | 732 |
| resulting from the ordinary conduct of a business or profession or | 733 |
| debts on the person's residence or real property used primarily | 734 |
| for personal recreation, except that the superintendent of | 735 |
| financial institutions shall disclose the names of all | 736 |
| state-chartered savings and loan associations and of all service | 737 |
| corporations subject to regulation under division (E)(2) of | 738 |
| section 1151.34 of the Revised Code to whom the superintendent in | 739 |
| the superintendent's own name or in the name of any other person | 740 |
| owes any money, and that the superintendent and any deputy | 741 |
| superintendent of banks shall disclose the names of all | 742 |
| state-chartered banks and all bank subsidiary corporations subject | 743 |
| to regulation under section 1109.44 of the Revised Code to whom | 744 |
| the superintendent or deputy superintendent owes any money. | 745 |
| (6) The names of all persons residing or transacting business | 746 |
| in the state, other than a depository excluded under division | 747 |
| (A)(3) of this section, who owe more than one thousand dollars to | 748 |
| the person filing the statement, either in the person's own name | 749 |
| or to any person for the person's use or benefit. Division (A)(6) | 750 |
| of this section shall not be construed to require the disclosure | 751 |
| of clients of attorneys or persons licensed under section 4732.12 | 752 |
| or 4732.15 of the Revised Code, or patients of persons certified | 753 |
| under section 4731.14 of the Revised Code, nor the disclosure of | 754 |
| debts owed to the person resulting from the ordinary conduct of a | 755 |
| business or profession. | 756 |
| (7) Except as otherwise provided in section 102.022 of the | 757 |
| Revised Code, the source of each gift of over seventy-five | 758 |
| dollars, or of each gift of over twenty-five dollars received by a | 759 |
| member of the general assembly from a legislative agent, received | 760 |
| by the person in the person's own name or by any other person for | 761 |
| the person's use or benefit during the preceding calendar year, | 762 |
| except gifts received by will or by virtue of section 2105.06 of | 763 |
| the Revised Code, or received from spouses, parents, grandparents, | 764 |
| children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 765 |
| brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 766 |
| fathers-in-law, mothers-in-law, or any person to whom the person | 767 |
| filing the statement stands in loco parentis, or received by way | 768 |
| of distribution from any inter vivos or testamentary trust | 769 |
| established by a spouse or by an ancestor; | 770 |
| (8) Except as otherwise provided in section 102.022 of the | 771 |
| Revised Code, identification of the source and amount of every | 772 |
| payment of expenses incurred for travel to destinations inside or | 773 |
| outside this state that is received by the person in the person's | 774 |
| own name or by any other person for the person's use or benefit | 775 |
| and that is incurred in connection with the person's official | 776 |
| duties, except for expenses for travel to meetings or conventions | 777 |
| of a national or state organization to which any state agency, | 778 |
| including, but not limited to, any legislative agency or state | 779 |
| institution of higher education as defined in section 3345.011 of | 780 |
| the Revised Code, pays membership dues, or any political | 781 |
| subdivision or any office or agency of a political subdivision | 782 |
| pays membership dues; | 783 |
| (9) Except as otherwise provided in section 102.022 of the | 784 |
| Revised Code, identification of the source of payment of expenses | 785 |
| for meals and other food and beverages, other than for meals and | 786 |
| other food and beverages provided at a meeting at which the person | 787 |
| participated in a panel, seminar, or speaking engagement or at a | 788 |
| meeting or convention of a national or state organization to which | 789 |
| any state agency, including, but not limited to, any legislative | 790 |
| agency or state institution of higher education as defined in | 791 |
| section 3345.011 of the Revised Code, pays membership dues, or any | 792 |
| political subdivision or any office or agency of a political | 793 |
| subdivision pays membership dues, that are incurred in connection | 794 |
| with the person's official duties and that exceed one hundred | 795 |
| dollars aggregated per calendar year; | 796 |
| (10) If the disclosure statement is filed by a public | 797 |
| official or employee described in division (B)(2) of section | 798 |
| 101.73 of the Revised Code or division (B)(2) of section 121.63 of | 799 |
| the Revised Code who receives a statement from a legislative | 800 |
| agent, executive agency lobbyist, or employer that contains the | 801 |
| information described in division (F)(2) of section 101.73 of the | 802 |
| Revised Code or division (G)(2) of section 121.63 of the Revised | 803 |
| Code, all of the nondisputed information contained in the | 804 |
| statement delivered to that public official or employee by the | 805 |
| legislative agent, executive agency lobbyist, or employer under | 806 |
| division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 807 |
| the Revised Code. | 808 |
| A person may file a statement required by this section in | 809 |
| person or by mail. A person who is a candidate for elective office | 810 |
| shall file the statement no later than the thirtieth day before | 811 |
| the primary, special, or general election at which the candidacy | 812 |
| is to be voted on, whichever election occurs soonest, except that | 813 |
| a person who is a write-in candidate shall file the statement no | 814 |
| later than the twentieth day before the earliest election at which | 815 |
| the person's candidacy is to be voted on. A person who holds | 816 |
| elective office shall file the statement on or before the | 817 |
| fifteenth day of April of each year unless the person is a | 818 |
| candidate for office. A person who is appointed to fill a vacancy | 819 |
| for an unexpired term in an elective office shall file the | 820 |
| statement within fifteen days after the person qualifies for | 821 |
| office. Other persons shall file an annual statement on or before | 822 |
| the fifteenth day of April or, if appointed or employed after that | 823 |
| date, within ninety days after appointment or employment. No | 824 |
| person shall be required to file with the appropriate ethics | 825 |
| commission more than one statement or pay more than one filing fee | 826 |
| for any one calendar year. | 827 |
| The appropriate ethics commission, for good cause, may extend | 828 |
| for a reasonable time the deadline for filing a statement under | 829 |
| this section. | 830 |
| A statement filed under this section is subject to public | 831 |
| inspection at locations designated by the appropriate ethics | 832 |
| commission except as otherwise provided in this section. | 833 |
| (B) The Ohio ethics commission, the joint legislative ethics | 834 |
| committee, and the board of commissioners on grievances and | 835 |
| discipline of the supreme court, using the rule-making procedures | 836 |
| of Chapter 119. of the Revised Code, may require any class of | 837 |
| public officials or employees under its jurisdiction and not | 838 |
| specifically excluded by this section whose positions involve a | 839 |
| substantial and material exercise of administrative discretion in | 840 |
| the formulation of public policy, expenditure of public funds, | 841 |
| enforcement of laws and rules of the state or a county or city, or | 842 |
| the execution of other public trusts, to file an annual statement | 843 |
| on or before the fifteenth day of April under division (A) of this | 844 |
| section. The appropriate ethics commission shall send the public | 845 |
| officials or employees written notice of the requirement by the | 846 |
| fifteenth day of February of each year the filing is required | 847 |
| unless the public official or employee is appointed after that | 848 |
| date, in which case the notice shall be sent within thirty days | 849 |
| after appointment, and the filing shall be made not later than | 850 |
| ninety days after appointment. | 851 |
| Except for disclosure statements filed by members of the | 852 |
| board of trustees and the executive director of the southern Ohio | 853 |
| agricultural and community development foundation, disclosure | 854 |
| statements filed under this division with the Ohio ethics | 855 |
| commission by members of boards, commissions, or bureaus of the | 856 |
| state for which no compensation is received other than reasonable | 857 |
| and necessary expenses shall be kept confidential. Disclosure | 858 |
| statements filed with the Ohio ethics commission under division | 859 |
| (A) of this section by business managers, treasurers, and | 860 |
| superintendents of city, local, exempted village, joint | 861 |
| vocational, or cooperative education school districts or | 862 |
| educational service centers shall be kept confidential, except | 863 |
| that any person conducting an audit of any such school district or | 864 |
| educational service center pursuant to section 115.56 or Chapter | 865 |
| 117. of the Revised Code may examine the disclosure statement of | 866 |
| any business manager, treasurer, or superintendent of that school | 867 |
| district or educational service center. Disclosure statements | 868 |
| filed with the Ohio ethics commission under division (A) of this | 869 |
| section by the individuals set forth in division (B)(2) of section | 870 |
| 187.03 of the Revised Code shall be kept confidential. The Ohio | 871 |
| ethics commission shall examine each disclosure statement required | 872 |
| to be kept confidential to determine whether a potential conflict | 873 |
| of interest exists for the person who filed the disclosure | 874 |
| statement. A potential conflict of interest exists if the private | 875 |
| interests of the person, as indicated by the person's disclosure | 876 |
| statement, might interfere with the public interests the person is | 877 |
| required to serve in the exercise of the person's authority and | 878 |
| duties in the person's office or position of employment. If the | 879 |
| commission determines that a potential conflict of interest | 880 |
| exists, it shall notify the person who filed the disclosure | 881 |
| statement and shall make the portions of the disclosure statement | 882 |
| that indicate a potential conflict of interest subject to public | 883 |
| inspection in the same manner as is provided for other disclosure | 884 |
| statements. Any portion of the disclosure statement that the | 885 |
| commission determines does not indicate a potential conflict of | 886 |
| interest shall be kept confidential by the commission and shall | 887 |
| not be made subject to public inspection, except as is necessary | 888 |
| for the enforcement of Chapters 102. and 2921. of the Revised Code | 889 |
| and except as otherwise provided in this division. | 890 |
| (C) No person shall knowingly fail to file, on or before the | 891 |
| applicable filing deadline established under this section, a | 892 |
| statement that is required by this section. | 893 |
| (D) No person shall knowingly file a false statement that is | 894 |
| required to be filed under this section. | 895 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 896 |
| section, the statement required by division (A) or (B) of this | 897 |
|
section shall be accompanied by a filing fee of | 898 |
| dollars. | 899 |
| (2) The statement required by division (A) of this section | 900 |
| shall be accompanied by the following filing fee to be paid by the | 901 |
| person who is elected or appointed to, or is a candidate for, any | 902 |
| of the following offices: | 903 |
| For state office, except member of the | 904 | ||||
| state board of education | $95 | 905 | |||
| For office of member of general assembly | $40 | 906 | |||
| For county office | $60 | 907 | |||
| For city office | $35 | 908 | |||
| For office of member of the state board | 909 | ||||
| of education | 910 | ||||
| 911 | |||||
| 912 | |||||
| For office of member of a city, local, | 913 | ||||
| exempted village, or cooperative | 914 | ||||
| education board of | 915 | ||||
| education or educational service | 916 | ||||
| center governing board | $30 | 917 | |||
| For position of business manager, | 918 | ||||
| treasurer, or superintendent of a | 919 | ||||
| city, local, exempted village, joint | 920 | ||||
| vocational, or cooperative education | 921 | ||||
| school district or | 922 | ||||
| educational service center | $30 | 923 |
| (3) No judge of a court of record or candidate for judge of a | 924 |
| court of record, and no referee or magistrate serving a court of | 925 |
| record, shall be required to pay the fee required under division | 926 |
| (E)(1) or (2) or (F) of this section. | 927 |
| (4) For any public official who is appointed to a nonelective | 928 |
| office of the state and for any employee who holds a nonelective | 929 |
| position in a public agency of the state, the state agency that is | 930 |
| the primary employer of the state official or employee shall pay | 931 |
| the fee required under division (E)(1) or (F) of this section. | 932 |
| (F) If a statement required to be filed under this section is | 933 |
| not filed by the date on which it is required to be filed, the | 934 |
| appropriate ethics commission shall assess the person required to | 935 |
| file the statement a late filing fee of ten dollars for each day | 936 |
| the statement is not filed, except that the total amount of the | 937 |
| late filing fee shall not exceed two hundred fifty dollars. | 938 |
| (G)(1) The appropriate ethics commission other than the Ohio | 939 |
| ethics commission and the joint legislative ethics committee shall | 940 |
| deposit all fees it receives under divisions (E) and (F) of this | 941 |
| section into the general revenue fund of the state. | 942 |
| (2) The Ohio ethics commission shall deposit all receipts, | 943 |
| including, but not limited to, fees it receives under divisions | 944 |
| (E) and (F) of this section, investigative or other fees, costs, | 945 |
| or other funds it receives as a result of court orders, and all | 946 |
| moneys it receives from settlements under division (G) of section | 947 |
| 102.06 of the Revised Code, into the Ohio ethics commission fund, | 948 |
| which is hereby created in the state treasury. All moneys credited | 949 |
| to the fund shall be used solely for expenses related to the | 950 |
| operation and statutory functions of the commission. | 951 |
| (3) The joint legislative ethics committee shall deposit all | 952 |
| receipts it receives from the payment of financial disclosure | 953 |
| statement filing fees under divisions (E) and (F) of this section | 954 |
| into the joint legislative ethics committee investigative fund. | 955 |
| (H) Division (A) of this section does not apply to a person | 956 |
| elected or appointed to the office of precinct, ward, or district | 957 |
| committee member under Chapter 3517. of the Revised Code; a | 958 |
| presidential elector; a delegate to a national convention; village | 959 |
| or township officials and employees; any physician or psychiatrist | 960 |
| who is paid a salary or wage in accordance with schedule C of | 961 |
| section 124.15 or schedule E-2 of section 124.152 of the Revised | 962 |
| Code and whose primary duties do not require the exercise of | 963 |
| administrative discretion; or any member of a board, commission, | 964 |
| or bureau of any county or city who receives less than one | 965 |
| thousand dollars per year for serving in that position. | 966 |
| Sec. 105.41. (A) There is hereby created in the legislative | 967 |
| branch of government the capitol square review and advisory board, | 968 |
| consisting of thirteen members as follows: | 969 |
| (1) Two members of the senate, appointed by the president of | 970 |
| the senate, both of whom shall not be members of the same | 971 |
| political party; | 972 |
| (2) Two members of the house of representatives, appointed by | 973 |
| the speaker of the house of representatives, both of whom shall | 974 |
| not be members of the same political party; | 975 |
| (3) Five members appointed by the governor, with the advice | 976 |
| and consent of the senate, not more than three of whom shall be | 977 |
| members of the same political party, one of whom shall be the | 978 |
| chief of staff of the governor's office, one of whom shall | 979 |
| represent the Ohio arts council, one of whom shall represent the | 980 |
|
Ohio historical society, one of whom shall represent the | 981 |
| 982 | |
| of whom shall represent the public at large; | 983 |
| (4) One member, who shall be a former president of the | 984 |
| senate, appointed by the current president of the senate. If the | 985 |
| current president of the senate, in the current president's | 986 |
| discretion, decides for any reason not to make the appointment or | 987 |
| if no person is eligible or available to serve, the seat shall | 988 |
| remain vacant. | 989 |
| (5) One member, who shall be a former speaker of the house of | 990 |
| representatives, appointed by the current speaker of the house of | 991 |
| representatives. If the current speaker of the house of | 992 |
| representatives, in the current speaker's discretion, decides for | 993 |
| any reason not to make the appointment or if no person is eligible | 994 |
| or available to serve, the seat shall remain vacant. | 995 |
| (6) The clerk of the senate and the clerk of the house of | 996 |
| representatives. | 997 |
| (B) Terms of office of each appointed member of the board | 998 |
| shall be for three years, except that members of the general | 999 |
| assembly appointed to the board shall be members of the board only | 1000 |
| so long as they are members of the general assembly and the chief | 1001 |
| of staff of the governor's office shall be a member of the board | 1002 |
| only so long as the appointing governor remains in office. Each | 1003 |
| member shall hold office from the date of the member's appointment | 1004 |
| until the end of the term for which the member was appointed. In | 1005 |
| case of a vacancy occurring on the board, the president of the | 1006 |
| senate, the speaker of the house of representatives, or the | 1007 |
| governor, as the case may be, shall in the same manner prescribed | 1008 |
| for the regular appointment to the commission, fill the vacancy by | 1009 |
| appointing a member. Any member appointed to fill a vacancy | 1010 |
| occurring prior to the expiration of the term for which the | 1011 |
| member's predecessor was appointed shall hold office for the | 1012 |
| remainder of the term. Any appointed member shall continue in | 1013 |
| office subsequent to the expiration date of the member's term | 1014 |
| until the member's successor takes office, or until a period of | 1015 |
| sixty days has elapsed, whichever occurs first. | 1016 |
| (C) The board shall hold meetings in a manner and at times | 1017 |
| prescribed by the rules adopted by the board. A majority of the | 1018 |
| board constitutes a quorum, and no action shall be taken by the | 1019 |
| board unless approved by at least six members or by at least seven | 1020 |
| members if a person is appointed under division (A)(4) or (5) of | 1021 |
| this section. At its first meeting, the board shall adopt rules | 1022 |
| for the conduct of its business and the election of its officers, | 1023 |
| and shall organize by selecting a chairperson and other officers | 1024 |
| as it considers necessary. Board members shall serve without | 1025 |
| compensation but shall be reimbursed for actual and necessary | 1026 |
| expenses incurred in the performance of their duties. | 1027 |
| (D) The board may do any of the following: | 1028 |
| (1) Employ or hire on a consulting basis professional, | 1029 |
| technical, and clerical employees as are necessary for the | 1030 |
| performance of its duties. All employees of the board are in the | 1031 |
| unclassified service and serve at the pleasure of the board. For | 1032 |
| purposes of section 4117.01 of the Revised Code, employees of the | 1033 |
| board shall be considered employees of the general assembly, | 1034 |
| except that employees who are covered by a collective bargaining | 1035 |
|
agreement on | 1036 |
| 2011, shall remain subject to the agreement until the agreement | 1037 |
| expires on its terms, and the agreement shall not be extended or | 1038 |
| renewed. Upon expiration of the agreement, the employees are | 1039 |
| considered employees of the general assembly for purposes of | 1040 |
| section 4117.01 of the Revised Code and are in the unclassified | 1041 |
| service and serve at the pleasure of the board. | 1042 |
| (2) Hold public hearings at times and places as determined by | 1043 |
| the board; | 1044 |
| (3) Adopt, amend, or rescind rules necessary to accomplish | 1045 |
| the duties of the board as set forth in this section; | 1046 |
| (4) Sponsor, conduct, and support such social events as the | 1047 |
| board may authorize and consider appropriate for the employees of | 1048 |
| the board, employees and members of the general assembly, | 1049 |
| employees of persons under contract with the board or otherwise | 1050 |
| engaged to perform services on the premises of capitol square, or | 1051 |
| other persons as the board may consider appropriate. Subject to | 1052 |
| the requirements of Chapter 4303. of the Revised Code, the board | 1053 |
| may provide beer, wine, and intoxicating liquor, with or without | 1054 |
| charge, for those events and may use funds only from the sale of | 1055 |
| goods and services fund to purchase the beer, wine, and | 1056 |
| intoxicating liquor the board provides; | 1057 |
| (5) Purchase a warehouse in which to store items of the | 1058 |
| capitol collection trust and, whenever necessary, equipment or | 1059 |
| other property of the board. | 1060 |
| (E) The board shall do all of the following: | 1061 |
| (1) Have sole authority to coordinate and approve any | 1062 |
| improvements, additions, and renovations that are made to the | 1063 |
| capitol square. The improvements shall include, but not be limited | 1064 |
| to, the placement of monuments and sculpture on the capitol | 1065 |
| grounds. | 1066 |
| (2) Subject to section 3353.07 of the Revised Code, operate | 1067 |
| the capitol square, and have sole authority to regulate all uses | 1068 |
| of the capitol square. The uses shall include, but not be limited | 1069 |
| to, the casual and recreational use of the capitol square. | 1070 |
| (3) Employ, fix the compensation of, and prescribe the duties | 1071 |
| of the executive director of the board and other employees the | 1072 |
| board considers necessary for the performance of its powers and | 1073 |
| duties; | 1074 |
| (4) Establish and maintain the capitol collection trust. The | 1075 |
| capitol collection trust shall consist of furniture, antiques, and | 1076 |
| other items of personal property that the board shall store in | 1077 |
| suitable facilities until they are ready to be displayed in the | 1078 |
| capitol square. | 1079 |
| (5) Perform repair, construction, contracting, purchasing, | 1080 |
| maintenance, supervisory, and operating activities the board | 1081 |
| determines are necessary for the operation and maintenance of the | 1082 |
| capitol square; | 1083 |
| (6) Maintain and preserve the capitol square, in accordance | 1084 |
| with guidelines issued by the United States secretary of the | 1085 |
| interior for application of the secretary's standards for | 1086 |
| rehabilitation adopted in 36 C.F.R. part 67; | 1087 |
| (7) Plan and develop a center at the capitol building for the | 1088 |
| purpose of educating visitors about the history of Ohio, including | 1089 |
| its political, economic, and social development and the design and | 1090 |
| erection of the capitol building and its grounds. | 1091 |
| (F)(1) The board shall lease capital facilities improved or | 1092 |
| financed by the Ohio building authority pursuant to Chapter 152. | 1093 |
| of the Revised Code for the use of the board, and may enter into | 1094 |
| any other agreements with the authority ancillary to improvement, | 1095 |
| financing, or leasing of those capital facilities, including, but | 1096 |
| not limited to, any agreement required by the applicable bond | 1097 |
| proceedings authorized by Chapter 152. of the Revised Code. Any | 1098 |
| lease of capital facilities authorized by this section shall be | 1099 |
| governed by division (D) of section 152.24 of the Revised Code. | 1100 |
| (2) Fees, receipts, and revenues received by the board from | 1101 |
| the state underground parking garage constitute available receipts | 1102 |
| as defined in section 152.09 of the Revised Code, and may be | 1103 |
| pledged to the payment of bond service charges on obligations | 1104 |
| issued by the Ohio building authority pursuant to Chapter 152. of | 1105 |
| the Revised Code to improve, finance, or purchase capital | 1106 |
| facilities useful to the board. The authority may, with the | 1107 |
| consent of the board, provide in the bond proceedings for a pledge | 1108 |
| of all or a portion of those fees, receipts, and revenues as the | 1109 |
| authority determines. The authority may provide in the bond | 1110 |
| proceedings or by separate agreement with the board for the | 1111 |
| transfer of those fees, receipts, and revenues to the appropriate | 1112 |
| bond service fund or bond service reserve fund as required to pay | 1113 |
| the bond service charges when due, and any such provision for the | 1114 |
| transfer of those fees, receipts, and revenues shall be | 1115 |
| controlling notwithstanding any other provision of law pertaining | 1116 |
| to those fees, receipts, and revenues. | 1117 |
| (3) All moneys received by the treasurer of state on account | 1118 |
| of the board and required by the applicable bond proceedings or by | 1119 |
| separate agreement with the board to be deposited, transferred, or | 1120 |
| credited to the bond service fund or bond service reserve fund | 1121 |
| established by the bond proceedings shall be transferred by the | 1122 |
| treasurer of state to such fund, whether or not it is in the | 1123 |
| custody of the treasurer of state, without necessity for further | 1124 |
| appropriation, upon receipt of notice from the Ohio building | 1125 |
| authority as prescribed in the bond proceedings. | 1126 |
| (G) All fees, receipts, and revenues received by the board | 1127 |
| from the state underground parking garage shall be deposited into | 1128 |
| the state treasury to the credit of the underground parking garage | 1129 |
| operating fund, which is hereby created, to be used for the | 1130 |
| purposes specified in division (F) of this section and for the | 1131 |
| operation and maintenance of the garage. All investment earnings | 1132 |
| of the fund shall be credited to the fund. | 1133 |
| (H) All donations received by the board shall be deposited | 1134 |
| into the state treasury to the credit of the capitol square | 1135 |
| renovation gift fund, which is hereby created. The fund shall be | 1136 |
| used by the board as follows: | 1137 |
| (1) To provide part or all of the funding related to | 1138 |
| construction, goods, or services for the renovation of the capitol | 1139 |
| square; | 1140 |
| (2) To purchase art, antiques, and artifacts for display at | 1141 |
| the capitol square; | 1142 |
| (3) To award contracts or make grants to organizations for | 1143 |
| educating the public regarding the historical background and | 1144 |
| governmental functions of the capitol square. Chapters 125., 127., | 1145 |
| and 153. and section 3517.13 of the Revised Code do not apply to | 1146 |
| purchases made exclusively from the fund, notwithstanding anything | 1147 |
| to the contrary in those chapters or that section. All investment | 1148 |
| earnings of the fund shall be credited to the fund. | 1149 |
| (I) Except as provided in divisions (G), (H), and (J) of this | 1150 |
| section, all fees, receipts, and revenues received by the board | 1151 |
| shall be deposited into the state treasury to the credit of the | 1152 |
| sale of goods and services fund, which is hereby created. Money | 1153 |
| credited to the fund shall be used solely to pay costs of the | 1154 |
| board other than those specified in divisions (F) and (G) of this | 1155 |
| section. All investment earnings of the fund shall be credited to | 1156 |
| the fund. | 1157 |
| (J) There is hereby created in the state treasury the capitol | 1158 |
| square improvement fund, to be used by the board to pay | 1159 |
| construction, renovation, and other costs related to the capitol | 1160 |
| square for which money is not otherwise available to the board. | 1161 |
| Whenever the board determines that there is a need to incur those | 1162 |
| costs and that the unencumbered, unobligated balance to the credit | 1163 |
| of the underground parking garage operating fund exceeds the | 1164 |
| amount needed for the purposes specified in division (F) of this | 1165 |
| section and for the operation and maintenance of the garage, the | 1166 |
| board may request the director of budget and management to | 1167 |
| transfer from the underground parking garage operating fund to the | 1168 |
| capitol square improvement fund the amount needed to pay such | 1169 |
| construction, renovation, or other costs. The director then shall | 1170 |
| transfer the amount needed from the excess balance of the | 1171 |
| underground parking garage operating fund. | 1172 |
| (K) As the operation and maintenance of the capitol square | 1173 |
| constitute essential government functions of a public purpose, the | 1174 |
| board shall not be required to pay taxes or assessments upon the | 1175 |
| square, upon any property acquired or used by the board under this | 1176 |
| section, or upon any income generated by the operation of the | 1177 |
| square. | 1178 |
| (L) As used in this section, "capitol square" means the | 1179 |
| capitol building, senate building, capitol atrium, capitol | 1180 |
| grounds, the state underground parking garage, and the warehouse | 1181 |
| owned by the board. | 1182 |
| (M) The capitol annex shall be known as the senate building. | 1183 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 1184 |
| criminal identification and investigation shall procure from | 1185 |
| wherever procurable and file for record photographs, pictures, | 1186 |
| descriptions, fingerprints, measurements, and other information | 1187 |
| that may be pertinent of all persons who have been convicted of | 1188 |
| committing within this state a felony, any crime constituting a | 1189 |
| misdemeanor on the first offense and a felony on subsequent | 1190 |
| offenses, or any misdemeanor described in division (A)(1)(a), | 1191 |
|
(A) | 1192 |
| Code, of all children under eighteen years of age who have been | 1193 |
| adjudicated delinquent children for committing within this state | 1194 |
| an act that would be a felony or an offense of violence if | 1195 |
| committed by an adult or who have been convicted of or pleaded | 1196 |
| guilty to committing within this state a felony or an offense of | 1197 |
| violence, and of all well-known and habitual criminals. The person | 1198 |
| in charge of any county, multicounty, municipal, municipal-county, | 1199 |
| or multicounty-municipal jail or workhouse, community-based | 1200 |
| correctional facility, halfway house, alternative residential | 1201 |
| facility, or state correctional institution and the person in | 1202 |
| charge of any state institution having custody of a person | 1203 |
| suspected of having committed a felony, any crime constituting a | 1204 |
| misdemeanor on the first offense and a felony on subsequent | 1205 |
| offenses, or any misdemeanor described in division (A)(1)(a), | 1206 |
|
(A) | 1207 |
| Code or having custody of a child under eighteen years of age with | 1208 |
| respect to whom there is probable cause to believe that the child | 1209 |
| may have committed an act that would be a felony or an offense of | 1210 |
| violence if committed by an adult shall furnish such material to | 1211 |
| the superintendent of the bureau. Fingerprints, photographs, or | 1212 |
| other descriptive information of a child who is under eighteen | 1213 |
| years of age, has not been arrested or otherwise taken into | 1214 |
| custody for committing an act that would be a felony or an offense | 1215 |
| of violence who is not in any other category of child specified in | 1216 |
| this division, if committed by an adult, has not been adjudicated | 1217 |
| a delinquent child for committing an act that would be a felony or | 1218 |
| an offense of violence if committed by an adult, has not been | 1219 |
| convicted of or pleaded guilty to committing a felony or an | 1220 |
| offense of violence, and is not a child with respect to whom there | 1221 |
| is probable cause to believe that the child may have committed an | 1222 |
| act that would be a felony or an offense of violence if committed | 1223 |
| by an adult shall not be procured by the superintendent or | 1224 |
| furnished by any person in charge of any county, multicounty, | 1225 |
| municipal, municipal-county, or multicounty-municipal jail or | 1226 |
| workhouse, community-based correctional facility, halfway house, | 1227 |
| alternative residential facility, or state correctional | 1228 |
| institution, except as authorized in section 2151.313 of the | 1229 |
| Revised Code. | 1230 |
| (2) Every clerk of a court of record in this state, other | 1231 |
| than the supreme court or a court of appeals, shall send to the | 1232 |
| superintendent of the bureau a weekly report containing a summary | 1233 |
| of each case involving a felony, involving any crime constituting | 1234 |
| a misdemeanor on the first offense and a felony on subsequent | 1235 |
| offenses, involving a misdemeanor described in division (A)(1)(a), | 1236 |
|
(A) | 1237 |
| Code, or involving an adjudication in a case in which a child | 1238 |
| under eighteen years of age was alleged to be a delinquent child | 1239 |
| for committing an act that would be a felony or an offense of | 1240 |
| violence if committed by an adult. The clerk of the court of | 1241 |
| common pleas shall include in the report and summary the clerk | 1242 |
| sends under this division all information described in divisions | 1243 |
| (A)(2)(a) to (f) of this section regarding a case before the court | 1244 |
| of appeals that is served by that clerk. The summary shall be | 1245 |
| written on the standard forms furnished by the superintendent | 1246 |
| pursuant to division (B) of this section and shall include the | 1247 |
| following information: | 1248 |
| (a) The incident tracking number contained on the standard | 1249 |
| forms furnished by the superintendent pursuant to division (B) of | 1250 |
| this section; | 1251 |
| (b) The style and number of the case; | 1252 |
| (c) The date of arrest, offense, summons, or arraignment; | 1253 |
| (d) The date that the person was convicted of or pleaded | 1254 |
| guilty to the offense, adjudicated a delinquent child for | 1255 |
| committing the act that would be a felony or an offense of | 1256 |
| violence if committed by an adult, found not guilty of the | 1257 |
| offense, or found not to be a delinquent child for committing an | 1258 |
| act that would be a felony or an offense of violence if committed | 1259 |
| by an adult, the date of an entry dismissing the charge, an entry | 1260 |
| declaring a mistrial of the offense in which the person is | 1261 |
| discharged, an entry finding that the person or child is not | 1262 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 1263 |
| date of any other determination that constitutes final resolution | 1264 |
| of the case; | 1265 |
| (e) A statement of the original charge with the section of | 1266 |
| the Revised Code that was alleged to be violated; | 1267 |
| (f) If the person or child was convicted, pleaded guilty, or | 1268 |
| was adjudicated a delinquent child, the sentence or terms of | 1269 |
| probation imposed or any other disposition of the offender or the | 1270 |
| delinquent child. | 1271 |
| If the offense involved the disarming of a law enforcement | 1272 |
| officer or an attempt to disarm a law enforcement officer, the | 1273 |
| clerk shall clearly state that fact in the summary, and the | 1274 |
| superintendent shall ensure that a clear statement of that fact is | 1275 |
| placed in the bureau's records. | 1276 |
| (3) The superintendent shall cooperate with and assist | 1277 |
| sheriffs, chiefs of police, and other law enforcement officers in | 1278 |
| the establishment of a complete system of criminal identification | 1279 |
| and in obtaining fingerprints and other means of identification of | 1280 |
| all persons arrested on a charge of a felony, any crime | 1281 |
| constituting a misdemeanor on the first offense and a felony on | 1282 |
| subsequent offenses, or a misdemeanor described in division | 1283 |
|
(A)(1)(a), (A) | 1284 |
| the Revised Code and of all children under eighteen years of age | 1285 |
| arrested or otherwise taken into custody for committing an act | 1286 |
| that would be a felony or an offense of violence if committed by | 1287 |
| an adult. The superintendent also shall file for record the | 1288 |
| fingerprint impressions of all persons confined in a county, | 1289 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 1290 |
| jail or workhouse, community-based correctional facility, halfway | 1291 |
| house, alternative residential facility, or state correctional | 1292 |
| institution for the violation of state laws and of all children | 1293 |
| under eighteen years of age who are confined in a county, | 1294 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 1295 |
| jail or workhouse, community-based correctional facility, halfway | 1296 |
| house, alternative residential facility, or state correctional | 1297 |
| institution or in any facility for delinquent children for | 1298 |
| committing an act that would be a felony or an offense of violence | 1299 |
| if committed by an adult, and any other information that the | 1300 |
| superintendent may receive from law enforcement officials of the | 1301 |
| state and its political subdivisions. | 1302 |
| (4) The superintendent shall carry out Chapter 2950. of the | 1303 |
| Revised Code with respect to the registration of persons who are | 1304 |
| convicted of or plead guilty to a sexually oriented offense or a | 1305 |
| child-victim oriented offense and with respect to all other duties | 1306 |
| imposed on the bureau under that chapter. | 1307 |
| (5) The bureau shall perform centralized recordkeeping | 1308 |
| functions for criminal history records and services in this state | 1309 |
| for purposes of the national crime prevention and privacy compact | 1310 |
| set forth in section 109.571 of the Revised Code and is the | 1311 |
| criminal history record repository as defined in that section for | 1312 |
| purposes of that compact. The superintendent or the | 1313 |
| superintendent's designee is the compact officer for purposes of | 1314 |
| that compact and shall carry out the responsibilities of the | 1315 |
| compact officer specified in that compact. | 1316 |
| (B) The superintendent shall prepare and furnish to every | 1317 |
| county, multicounty, municipal, municipal-county, or | 1318 |
| multicounty-municipal jail or workhouse, community-based | 1319 |
| correctional facility, halfway house, alternative residential | 1320 |
| facility, or state correctional institution and to every clerk of | 1321 |
| a court in this state specified in division (A)(2) of this section | 1322 |
| standard forms for reporting the information required under | 1323 |
| division (A) of this section. The standard forms that the | 1324 |
| superintendent prepares pursuant to this division may be in a | 1325 |
| tangible format, in an electronic format, or in both tangible | 1326 |
| formats and electronic formats. | 1327 |
| (C)(1) The superintendent may operate a center for | 1328 |
| electronic, automated, or other data processing for the storage | 1329 |
| and retrieval of information, data, and statistics pertaining to | 1330 |
| criminals and to children under eighteen years of age who are | 1331 |
| adjudicated delinquent children for committing an act that would | 1332 |
| be a felony or an offense of violence if committed by an adult, | 1333 |
| criminal activity, crime prevention, law enforcement, and criminal | 1334 |
| justice, and may establish and operate a statewide communications | 1335 |
| network to be known as the Ohio law enforcement gateway to gather | 1336 |
| and disseminate information, data, and statistics for the use of | 1337 |
| law enforcement agencies and for other uses specified in this | 1338 |
| division. The superintendent may gather, store, retrieve, and | 1339 |
| disseminate information, data, and statistics that pertain to | 1340 |
| children who are under eighteen years of age and that are gathered | 1341 |
| pursuant to sections 109.57 to 109.61 of the Revised Code together | 1342 |
| with information, data, and statistics that pertain to adults and | 1343 |
| that are gathered pursuant to those sections. | 1344 |
| (2) The superintendent or the superintendent's designee shall | 1345 |
| gather information of the nature described in division (C)(1) of | 1346 |
| this section that pertains to the offense and delinquency history | 1347 |
| of a person who has been convicted of, pleaded guilty to, or been | 1348 |
| adjudicated a delinquent child for committing a sexually oriented | 1349 |
| offense or a child-victim oriented offense for inclusion in the | 1350 |
| state registry of sex offenders and child-victim offenders | 1351 |
| maintained pursuant to division (A)(1) of section 2950.13 of the | 1352 |
| Revised Code and in the internet database operated pursuant to | 1353 |
| division (A)(13) of that section and for possible inclusion in the | 1354 |
| internet database operated pursuant to division (A)(11) of that | 1355 |
| section. | 1356 |
| (3) In addition to any other authorized use of information, | 1357 |
| data, and statistics of the nature described in division (C)(1) of | 1358 |
| this section, the superintendent or the superintendent's designee | 1359 |
| may provide and exchange the information, data, and statistics | 1360 |
| pursuant to the national crime prevention and privacy compact as | 1361 |
| described in division (A)(5) of this section. | 1362 |
| (4) The attorney general may adopt rules under Chapter 119. | 1363 |
| of the Revised Code establishing guidelines for the operation of | 1364 |
| and participation in the Ohio law enforcement gateway. The rules | 1365 |
| may include criteria for granting and restricting access to | 1366 |
| information gathered and disseminated through the Ohio law | 1367 |
| enforcement gateway. The attorney general shall permit the state | 1368 |
| medical board and board of nursing to access and view, but not | 1369 |
| alter, information gathered and disseminated through the Ohio law | 1370 |
| enforcement gateway. | 1371 |
| The attorney general may appoint a steering committee to | 1372 |
| advise the attorney general in the operation of the Ohio law | 1373 |
| enforcement gateway that is comprised of persons who are | 1374 |
| representatives of the criminal justice agencies in this state | 1375 |
| that use the Ohio law enforcement gateway and is chaired by the | 1376 |
| superintendent or the superintendent's designee. | 1377 |
| (D)(1) The following are not public records under section | 1378 |
| 149.43 of the Revised Code: | 1379 |
| (a) Information and materials furnished to the superintendent | 1380 |
| pursuant to division (A) of this section; | 1381 |
| (b) Information, data, and statistics gathered or | 1382 |
| disseminated through the Ohio law enforcement gateway pursuant to | 1383 |
| division (C)(1) of this section; | 1384 |
| (c) Information and materials furnished to any board or | 1385 |
| person under division (F) or (G) of this section. | 1386 |
| (2) The superintendent or the superintendent's designee shall | 1387 |
| gather and retain information so furnished under division (A) of | 1388 |
| this section that pertains to the offense and delinquency history | 1389 |
| of a person who has been convicted of, pleaded guilty to, or been | 1390 |
| adjudicated a delinquent child for committing a sexually oriented | 1391 |
| offense or a child-victim oriented offense for the purposes | 1392 |
| described in division (C)(2) of this section. | 1393 |
| (E) The attorney general shall adopt rules, in accordance | 1394 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 1395 |
| by which a person may receive or release information gathered by | 1396 |
| the superintendent pursuant to division (A) of this section. A | 1397 |
| reasonable fee may be charged for this service. If a temporary | 1398 |
| employment service submits a request for a determination of | 1399 |
| whether a person the service plans to refer to an employment | 1400 |
| position has been convicted of or pleaded guilty to an offense | 1401 |
|
listed in division (A)(1) | 1402 |
| 109.572 of the Revised Code or has been convicted of, pleaded | 1403 |
| guilty to, or been found eligible for intervention in lieu of | 1404 |
| conviction for a disqualifying offense as defined in section | 1405 |
| 173.394, 3701.881, or 5111.032 of the Revised Code, the request | 1406 |
| shall be treated as a single request and only one fee shall be | 1407 |
| charged. | 1408 |
| (F)(1) As used in division (F)(2) of this section, "head | 1409 |
| start agency" means an entity in this state that has been approved | 1410 |
| to be an agency for purposes of subchapter II of the "Community | 1411 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 1412 |
| as amended. | 1413 |
| (2)(a) In addition to or in conjunction with any request that | 1414 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 1415 |
| 3301.541, division (C) of section 3310.58, or section 3319.39, | 1416 |
| 3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 1417 |
| 1418 | |
| under section 3314.41, 3319.392, 3326.25, or 3328.20 of the | 1419 |
| Revised Code, the board of education of any school district; the | 1420 |
| director of developmental disabilities; any county board of | 1421 |
|
developmental disabilities; any | 1422 |
| 1423 | |
| subcontractor as defined in section 5123.081 of the Revised Code; | 1424 |
| the chief administrator of any chartered nonpublic school; the | 1425 |
| chief administrator of a registered private provider that is not | 1426 |
| also a chartered nonpublic school; the chief administrator of any | 1427 |
| home health agency; the chief administrator of or person operating | 1428 |
| any child day-care center, type A family day-care home, or type B | 1429 |
| family day-care home licensed or certified under Chapter 5104. of | 1430 |
| the Revised Code; the administrator of any type C family day-care | 1431 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 1432 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 1433 |
| general assembly; the chief administrator of any head start | 1434 |
| agency; the executive director of a public children services | 1435 |
| agency; a private company described in section 3314.41, 3319.392, | 1436 |
| 3326.25, or 3328.20 of the Revised Code; or an employer described | 1437 |
| in division (J)(2) of section 3327.10 of the Revised Code may | 1438 |
| request that the superintendent of the bureau investigate and | 1439 |
| determine, with respect to any individual who has applied for | 1440 |
| employment in any position after October 2, 1989, or any | 1441 |
| individual wishing to apply for employment with a board of | 1442 |
| education may request, with regard to the individual, whether the | 1443 |
| bureau has any information gathered under division (A) of this | 1444 |
| section that pertains to that individual. On receipt of the | 1445 |
| request, the superintendent shall determine whether that | 1446 |
| information exists and, upon request of the person, board, or | 1447 |
| entity requesting information, also shall request from the federal | 1448 |
| bureau of investigation any criminal records it has pertaining to | 1449 |
| that individual. The superintendent or the superintendent's | 1450 |
| designee also may request criminal history records from other | 1451 |
| states or the federal government pursuant to the national crime | 1452 |
| prevention and privacy compact set forth in section 109.571 of the | 1453 |
| Revised Code. Within thirty days of the date that the | 1454 |
| superintendent receives a request, the superintendent shall send | 1455 |
| to the board, entity, or person a report of any information that | 1456 |
| the superintendent determines exists, including information | 1457 |
| contained in records that have been sealed under section 2953.32 | 1458 |
| of the Revised Code, and, within thirty days of its receipt, shall | 1459 |
| send the board, entity, or person a report of any information | 1460 |
| received from the federal bureau of investigation, other than | 1461 |
| information the dissemination of which is prohibited by federal | 1462 |
| law. | 1463 |
| (b) When a board of education or a registered private | 1464 |
| provider is required to receive information under this section as | 1465 |
| a prerequisite to employment of an individual pursuant to division | 1466 |
| (C) of section 3310.58 or section 3319.39 of the Revised Code, it | 1467 |
| may accept a certified copy of records that were issued by the | 1468 |
| bureau of criminal identification and investigation and that are | 1469 |
| presented by an individual applying for employment with the | 1470 |
| district in lieu of requesting that information itself. In such a | 1471 |
| case, the board shall accept the certified copy issued by the | 1472 |
| bureau in order to make a photocopy of it for that individual's | 1473 |
| employment application documents and shall return the certified | 1474 |
| copy to the individual. In a case of that nature, a district or | 1475 |
| provider only shall accept a certified copy of records of that | 1476 |
| nature within one year after the date of their issuance by the | 1477 |
| bureau. | 1478 |
| (c) Notwithstanding division (F)(2)(a) of this section, in | 1479 |
| the case of a request under section 3319.39, 3319.391, or 3327.10 | 1480 |
| of the Revised Code only for criminal records maintained by the | 1481 |
| federal bureau of investigation, the superintendent shall not | 1482 |
| determine whether any information gathered under division (A) of | 1483 |
| this section exists on the person for whom the request is made. | 1484 |
| (3) The state board of education may request, with respect to | 1485 |
| any individual who has applied for employment after October 2, | 1486 |
| 1989, in any position with the state board or the department of | 1487 |
| education, any information that a school district board of | 1488 |
| education is authorized to request under division (F)(2) of this | 1489 |
| section, and the superintendent of the bureau shall proceed as if | 1490 |
| the request has been received from a school district board of | 1491 |
| education under division (F)(2) of this section. | 1492 |
| (4) When the superintendent of the bureau receives a request | 1493 |
| for information under section 3319.291 of the Revised Code, the | 1494 |
| superintendent shall proceed as if the request has been received | 1495 |
| from a school district board of education and shall comply with | 1496 |
| divisions (F)(2)(a) and (c) of this section. | 1497 |
| (5) When a recipient of a classroom reading improvement grant | 1498 |
| paid under section 3301.86 of the Revised Code requests, with | 1499 |
| respect to any individual who applies to participate in providing | 1500 |
| any program or service funded in whole or in part by the grant, | 1501 |
| the information that a school district board of education is | 1502 |
| authorized to request under division (F)(2)(a) of this section, | 1503 |
| the superintendent of the bureau shall proceed as if the request | 1504 |
| has been received from a school district board of education under | 1505 |
| division (F)(2)(a) of this section. | 1506 |
| (G) In addition to or in conjunction with any request that is | 1507 |
| required to be made under section 3701.881, 3712.09, 3721.121, or | 1508 |
|
5119.693 | 1509 |
| individual who has applied for employment in a position that | 1510 |
| involves providing direct care to an older adult or adult | 1511 |
| resident, the chief administrator of a home health agency, hospice | 1512 |
| care program, home licensed under Chapter 3721. of the Revised | 1513 |
| Code, adult day-care program operated pursuant to rules adopted | 1514 |
|
under section 3721.04 of the Revised Code, or adult foster home | 1515 |
| 1516 | |
| bureau investigate and determine, with respect to any individual | 1517 |
| who has applied after January 27, 1997, for employment in a | 1518 |
| position that does not involve providing direct care to an older | 1519 |
| adult or adult resident, whether the bureau has any information | 1520 |
| gathered under division (A) of this section that pertains to that | 1521 |
| individual. | 1522 |
| In addition to or in conjunction with any request that is | 1523 |
| required to be made under section 173.27 of the Revised Code with | 1524 |
| respect to an individual who has applied for employment in a | 1525 |
| position that involves providing ombudsperson services to | 1526 |
| residents of long-term care facilities or recipients of | 1527 |
| community-based long-term care services, the state long-term care | 1528 |
| ombudsperson, ombudsperson's designee, or director of health may | 1529 |
| request that the superintendent investigate and determine, with | 1530 |
| respect to any individual who has applied for employment in a | 1531 |
| position that does not involve providing such ombudsperson | 1532 |
| services, whether the bureau has any information gathered under | 1533 |
| division (A) of this section that pertains to that applicant. | 1534 |
| In addition to or in conjunction with any request that is | 1535 |
| required to be made under section 173.394 of the Revised Code with | 1536 |
| respect to an individual who has applied for employment in a | 1537 |
| position that involves providing direct care to an individual, the | 1538 |
| chief administrator of a community-based long-term care agency may | 1539 |
| request that the superintendent investigate and determine, with | 1540 |
| respect to any individual who has applied for employment in a | 1541 |
| position that does not involve providing direct care, whether the | 1542 |
| bureau has any information gathered under division (A) of this | 1543 |
| section that pertains to that applicant. | 1544 |
| On receipt of a request under this division, the | 1545 |
| superintendent shall determine whether that information exists | 1546 |
| and, on request of the individual requesting information, shall | 1547 |
| also request from the federal bureau of investigation any criminal | 1548 |
| records it has pertaining to the applicant. The superintendent or | 1549 |
| the superintendent's designee also may request criminal history | 1550 |
| records from other states or the federal government pursuant to | 1551 |
| the national crime prevention and privacy compact set forth in | 1552 |
| section 109.571 of the Revised Code. Within thirty days of the | 1553 |
| date a request is received, the superintendent shall send to the | 1554 |
| requester a report of any information determined to exist, | 1555 |
| including information contained in records that have been sealed | 1556 |
| under section 2953.32 of the Revised Code, and, within thirty days | 1557 |
| of its receipt, shall send the requester a report of any | 1558 |
| information received from the federal bureau of investigation, | 1559 |
| other than information the dissemination of which is prohibited by | 1560 |
| federal law. | 1561 |
| (H) Information obtained by a government entity or person | 1562 |
| under this section is confidential and shall not be released or | 1563 |
| disseminated. | 1564 |
| (I) The superintendent may charge a reasonable fee for | 1565 |
| providing information or criminal records under division (F)(2) or | 1566 |
| (G) of this section. | 1567 |
| (J) As used in this section: | 1568 |
| (1) "Sexually oriented offense" and "child-victim oriented | 1569 |
| offense" have the same meanings as in section 2950.01 of the | 1570 |
| Revised Code. | 1571 |
| (2) "Registered private provider" means a nonpublic school or | 1572 |
| entity registered with the superintendent of public instruction | 1573 |
| under section 3310.41 of the Revised Code to participate in the | 1574 |
| autism scholarship program or section 3310.58 of the Revised Code | 1575 |
| to participate in the Jon Peterson special needs scholarship | 1576 |
| program. | 1577 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 1578 |
| section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 1579 |
| a completed form prescribed pursuant to division (C)(1) of this | 1580 |
| section, and a set of fingerprint impressions obtained in the | 1581 |
| manner described in division (C)(2) of this section, the | 1582 |
| superintendent of the bureau of criminal identification and | 1583 |
| investigation shall conduct a criminal records check in the manner | 1584 |
| described in division (B) of this section to determine whether any | 1585 |
| information exists that indicates that the person who is the | 1586 |
| subject of the request previously has been convicted of or pleaded | 1587 |
| guilty to any of the following: | 1588 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1589 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1590 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1591 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1592 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1593 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1594 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1595 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 1596 |
| penetration in violation of former section 2907.12 of the Revised | 1597 |
| Code, a violation of section 2905.04 of the Revised Code as it | 1598 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 1599 |
| the Revised Code that would have been a violation of section | 1600 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1601 |
| had the violation been committed prior to that date, or a | 1602 |
| violation of section 2925.11 of the Revised Code that is not a | 1603 |
| minor drug possession offense; | 1604 |
| (b) A violation of an existing or former law of this state, | 1605 |
| any other state, or the United States that is substantially | 1606 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 1607 |
| this section. | 1608 |
| (2) | 1609 |
| 1610 | |
| 1611 | |
| 1612 | |
| 1613 | |
| 1614 | |
| 1615 | |
| 1616 | |
| 1617 | |
| 1618 | |
| 1619 | |
| 1620 | |
| 1621 | |
| 1622 | |
| 1623 | |
| 1624 | |
| 1625 | |
| 1626 |
| | 1627 |
| 1628 | |
| 1629 | |
| 1630 | |
| 1631 | |
| 1632 | |
| 1633 | |
| 1634 |
| | 1635 |
| 1636 | |
| 1637 | |
| 1638 |
| | 1639 |
| 1640 | |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1641 |
| this section, and a set of fingerprint impressions obtained in the | 1642 |
| manner described in division (C)(2) of this section, the | 1643 |
| superintendent of the bureau of criminal identification and | 1644 |
| investigation shall conduct a criminal records check with respect | 1645 |
| to any person who has applied for employment in a position for | 1646 |
| which a criminal records check is required by those sections. The | 1647 |
| superintendent shall conduct the criminal records check in the | 1648 |
| manner described in division (B) of this section to determine | 1649 |
| whether any information exists that indicates that the person who | 1650 |
| is the subject of the request previously has been convicted of or | 1651 |
| pleaded guilty to any of the following: | 1652 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1653 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1654 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1655 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1656 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1657 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1658 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1659 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1660 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1661 |
| (b) An existing or former law of this state, any other state, | 1662 |
| or the United States that is substantially equivalent to any of | 1663 |
|
the offenses listed in division (A) | 1664 |
| | 1665 |
| 1666 | |
| 1667 | |
| 1668 | |
| 1669 | |
| 1670 | |
| 1671 | |
| 1672 | |
| 1673 | |
| 1674 | |
| 1675 | |
| 1676 | |
| 1677 | |
| 1678 |
| | 1679 |
| 1680 | |
| 1681 | |
| 1682 | |
| 1683 | |
| 1684 | |
| 1685 | |
| 1686 | |
| 1687 | |
| 1688 |
| | 1689 |
| 1690 | |
| 1691 |
| | 1692 |
|
173.394, 3701.881, 5111.032, 5111.033, | 1693 |
| 5123.169 of the Revised Code, a completed form prescribed pursuant | 1694 |
| to division (C)(1) of this section, and a set of fingerprint | 1695 |
| impressions obtained in the manner described in division (C)(2) of | 1696 |
| this section, the superintendent of the bureau of criminal | 1697 |
| identification and investigation shall conduct a criminal records | 1698 |
| check of the person for whom the request is made. The | 1699 |
| superintendent shall conduct the criminal records check in the | 1700 |
| manner described in division (B) of this section to determine | 1701 |
| whether any information exists that indicates that the person who | 1702 |
| is the subject of the request previously has been convicted of, | 1703 |
| has pleaded guilty to, or has been found eligible for intervention | 1704 |
|
in lieu of conviction for | 1705 |
| 1706 | |
| 1707 | |
| 1708 |
| | 1709 |
| 1710 | |
| 1711 | |
| 1712 | |
| 1713 | |
| 1714 | |
| 1715 | |
| 1716 | |
| 1717 | |
| 1718 | |
| 1719 | |
| 1720 | |
| 1721 | |
| 1722 | |
| 1723 | |
| 1724 | |
| 1725 | |
| 1726 | |
| 1727 | |
| 1728 | |
| 1729 | |
| 1730 |
| | 1731 |
| 1732 | |
| 1733 | |
| 1734 | |
| defined in the section of the Revised Code under which the request | 1735 |
| is made. | 1736 |
| | 1737 |
| 1738 | |
| 1739 | |
| 1740 | |
| 1741 | |
| 1742 | |
| 1743 | |
| 1744 | |
| 1745 | |
| 1746 | |
| 1747 | |
| 1748 | |
| 1749 |
| | 1750 |
| 1751 | |
| 1752 | |
| 1753 | |
| 1754 | |
| 1755 | |
| 1756 | |
| 1757 | |
| 1758 |
| | 1759 |
| 1760 | |
| 1761 |
| | 1762 |
| request pursuant to section 3319.39 of the Revised Code for an | 1763 |
| applicant who is a teacher, in addition to the determination made | 1764 |
| under division (A)(1) of this section, the superintendent shall | 1765 |
| determine whether any information exists that indicates that the | 1766 |
| person who is the subject of the request previously has been | 1767 |
| convicted of or pleaded guilty to any offense specified in section | 1768 |
| 3319.31 of the Revised Code. | 1769 |
| | 1770 |
| the Revised Code, a completed form prescribed pursuant to division | 1771 |
| (C)(1) of this section, and a set of fingerprint impressions | 1772 |
| obtained in the manner described in division (C)(2) of this | 1773 |
| section, the superintendent of the bureau of criminal | 1774 |
| identification and investigation shall conduct a criminal records | 1775 |
| check in the manner described in division (B) of this section to | 1776 |
| determine whether any information exists that indicates that the | 1777 |
| person who is the subject of the request previously has been | 1778 |
| convicted of or pleaded guilty to any of the following: | 1779 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 1780 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 1781 |
| 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 1782 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 1783 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1784 |
| 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 1785 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 1786 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 1787 |
| 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 1788 |
| of the Revised Code, a violation of section 2905.04 of the Revised | 1789 |
| Code as it existed prior to July 1, 1996, a violation of section | 1790 |
| 2919.23 of the Revised Code that would have been a violation of | 1791 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 1792 |
| 1996, had the violation been committed prior to that date, a | 1793 |
| violation of section 2925.11 of the Revised Code that is not a | 1794 |
| minor drug possession offense, two or more OVI or OVUAC violations | 1795 |
| committed within the three years immediately preceding the | 1796 |
| submission of the application or petition that is the basis of the | 1797 |
| request, or felonious sexual penetration in violation of former | 1798 |
| section 2907.12 of the Revised Code; | 1799 |
| (b) A violation of an existing or former law of this state, | 1800 |
| any other state, or the United States that is substantially | 1801 |
|
equivalent to any of the offenses listed in division (A) | 1802 |
| of this section. | 1803 |
| | 1804 |
| or 5104.013 of the Revised Code, a completed form prescribed | 1805 |
| pursuant to division (C)(1) of this section, and a set of | 1806 |
| fingerprint impressions obtained in the manner described in | 1807 |
| division (C)(2) of this section, the superintendent of the bureau | 1808 |
| of criminal identification and investigation shall conduct a | 1809 |
| criminal records check in the manner described in division (B) of | 1810 |
| this section to determine whether any information exists that | 1811 |
| indicates that the person who is the subject of the request has | 1812 |
| been convicted of or pleaded guilty to any of the following: | 1813 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1814 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 1815 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 1816 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 1817 |
| 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 1818 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 1819 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 1820 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 1821 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 1822 |
| 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 1823 |
| 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 1824 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 1825 |
| violation of former section 2907.12 of the Revised Code, a | 1826 |
| violation of section 2905.04 of the Revised Code as it existed | 1827 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 1828 |
| Revised Code that would have been a violation of section 2905.04 | 1829 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 1830 |
| violation been committed prior to that date, a violation of | 1831 |
| section 2925.11 of the Revised Code that is not a minor drug | 1832 |
| possession offense, a violation of section 2923.02 or 2923.03 of | 1833 |
| the Revised Code that relates to a crime specified in this | 1834 |
| division, or a second violation of section 4511.19 of the Revised | 1835 |
| Code within five years of the date of application for licensure or | 1836 |
| certification. | 1837 |
| (b) A violation of an existing or former law of this state, | 1838 |
| any other state, or the United States that is substantially | 1839 |
| equivalent to any of the offenses or violations described in | 1840 |
|
division (A) | 1841 |
| | 1842 |
| 5153.111 of the Revised Code, a completed form prescribed pursuant | 1843 |
| to division (C)(1) of this section, and a set of fingerprint | 1844 |
| impressions obtained in the manner described in division (C)(2) of | 1845 |
| this section, the superintendent of the bureau of criminal | 1846 |
| identification and investigation shall conduct a criminal records | 1847 |
| check in the manner described in division (B) of this section to | 1848 |
| determine whether any information exists that indicates that the | 1849 |
| person who is the subject of the request previously has been | 1850 |
| convicted of or pleaded guilty to any of the following: | 1851 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1852 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1853 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1854 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1855 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1856 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1857 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1858 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 1859 |
| felonious sexual penetration in violation of former section | 1860 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 1861 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 1862 |
| section 2919.23 of the Revised Code that would have been a | 1863 |
| violation of section 2905.04 of the Revised Code as it existed | 1864 |
| prior to July 1, 1996, had the violation been committed prior to | 1865 |
| that date, or a violation of section 2925.11 of the Revised Code | 1866 |
| that is not a minor drug possession offense; | 1867 |
| (b) A violation of an existing or former law of this state, | 1868 |
| any other state, or the United States that is substantially | 1869 |
|
equivalent to any of the offenses listed in division (A) | 1870 |
| of this section. | 1871 |
| | 1872 |
| from an individual pursuant to section 4749.03 or 4749.06 of the | 1873 |
| Revised Code, accompanied by a completed copy of the form | 1874 |
| prescribed in division (C)(1) of this section and a set of | 1875 |
| fingerprint impressions obtained in a manner described in division | 1876 |
| (C)(2) of this section, the superintendent of the bureau of | 1877 |
| criminal identification and investigation shall conduct a criminal | 1878 |
| records check in the manner described in division (B) of this | 1879 |
| section to determine whether any information exists indicating | 1880 |
| that the person who is the subject of the request has been | 1881 |
| convicted of or pleaded guilty to a felony in this state or in any | 1882 |
| other state. If the individual indicates that a firearm will be | 1883 |
| carried in the course of business, the superintendent shall | 1884 |
| require information from the federal bureau of investigation as | 1885 |
| described in division (B)(2) of this section. The superintendent | 1886 |
| shall report the findings of the criminal records check and any | 1887 |
| information the federal bureau of investigation provides to the | 1888 |
| director of public safety. | 1889 |
| | 1890 |
| 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 1891 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1892 |
| this section, and a set of fingerprint impressions obtained in the | 1893 |
| manner described in division (C)(2) of this section, the | 1894 |
| superintendent of the bureau of criminal identification and | 1895 |
| investigation shall conduct a criminal records check with respect | 1896 |
| to any person who has applied for a license, permit, or | 1897 |
| certification from the department of commerce or a division in the | 1898 |
| department. The superintendent shall conduct the criminal records | 1899 |
| check in the manner described in division (B) of this section to | 1900 |
| determine whether any information exists that indicates that the | 1901 |
| person who is the subject of the request previously has been | 1902 |
| convicted of or pleaded guilty to any of the following: a | 1903 |
| violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 1904 |
| 2925.03 of the Revised Code; any other criminal offense involving | 1905 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 1906 |
| passing bad checks, money laundering, or drug trafficking, or any | 1907 |
| criminal offense involving money or securities, as set forth in | 1908 |
| Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 1909 |
| the Revised Code; or any existing or former law of this state, any | 1910 |
| other state, or the United States that is substantially equivalent | 1911 |
| to those offenses. | 1912 |
| | 1913 |
| from the treasurer of state under section 113.041 of the Revised | 1914 |
| Code or from an individual under section 4701.08, 4715.101, | 1915 |
| 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 1916 |
| 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1917 |
| 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1918 |
| 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 1919 |
| 4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by | 1920 |
| a completed form prescribed under division (C)(1) of this section | 1921 |
| and a set of fingerprint impressions obtained in the manner | 1922 |
| described in division (C)(2) of this section, the superintendent | 1923 |
| of the bureau of criminal identification and investigation shall | 1924 |
| conduct a criminal records check in the manner described in | 1925 |
| division (B) of this section to determine whether any information | 1926 |
| exists that indicates that the person who is the subject of the | 1927 |
| request has been convicted of or pleaded guilty to any criminal | 1928 |
| offense in this state or any other state. The superintendent shall | 1929 |
| send the results of a check requested under section 113.041 of the | 1930 |
| Revised Code to the treasurer of state and shall send the results | 1931 |
| of a check requested under any of the other listed sections to the | 1932 |
| licensing board specified by the individual in the request. | 1933 |
| | 1934 |
| 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 1935 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1936 |
| this section, and a set of fingerprint impressions obtained in the | 1937 |
| manner described in division (C)(2) of this section, the | 1938 |
| superintendent of the bureau of criminal identification and | 1939 |
| investigation shall conduct a criminal records check in the manner | 1940 |
| described in division (B) of this section to determine whether any | 1941 |
| information exists that indicates that the person who is the | 1942 |
| subject of the request previously has been convicted of or pleaded | 1943 |
| guilty to any criminal offense under any existing or former law of | 1944 |
| this state, any other state, or the United States. | 1945 |
| | 1946 |
| from an appointing or licensing authority under section 3772.07 of | 1947 |
| the Revised Code, a completed form prescribed under division | 1948 |
| (C)(1) of this section, and a set of fingerprint impressions | 1949 |
| obtained in the manner prescribed in division (C)(2) of this | 1950 |
| section, the superintendent of the bureau of criminal | 1951 |
| identification and investigation shall conduct a criminal records | 1952 |
| check in the manner described in division (B) of this section to | 1953 |
| determine whether any information exists that indicates that the | 1954 |
| person who is the subject of the request previously has been | 1955 |
| convicted of or pleaded guilty or no contest to any offense under | 1956 |
| any existing or former law of this state, any other state, or the | 1957 |
| United States that is a disqualifying offense as defined in | 1958 |
| section 3772.07 of the Revised Code or substantially equivalent to | 1959 |
| such an offense. | 1960 |
| | 1961 |
| superintendent receives a request of a type described in division | 1962 |
|
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), | 1963 |
| 1964 | |
| fingerprint impressions, the superintendent shall send the results | 1965 |
| of the criminal records check to the person, board, or entity that | 1966 |
|
made the request | 1967 |
| shall exclude from the results any information the dissemination | 1968 |
|
of which is prohibited by federal law | 1969 |
| 1970 | |
| 1971 | |
| 1972 | |
| 1973 | |
| 1974 | |
| superintendent shall send the person, board, or entity that made | 1975 |
|
the request a copy of the list of offenses | 1976 |
| 1977 | |
| 1978 | |
|
criminal records check was conducted. | 1979 |
| 1980 | |
| 1981 | |
| 1982 | |
| 1983 | |
| 1984 |
| Not later than thirty days after the superintendent receives | 1985 |
| a request for a criminal records check pursuant to section 113.041 | 1986 |
| of the Revised Code, the completed form, and the fingerprint | 1987 |
| impressions, the superintendent shall send the treasurer of state | 1988 |
| any information, other than information the dissemination of which | 1989 |
| is prohibited by federal law, the superintendent determines exist | 1990 |
| with respect to the person who is the subject of the request that | 1991 |
| indicates that the person previously has been convicted of or | 1992 |
| pleaded guilty to any criminal offense in this state or any other | 1993 |
| state. | 1994 |
| (B) The superintendent shall conduct any criminal records | 1995 |
|
check | 1996 |
| 1997 | |
| 1998 | |
| 1999 | |
| 2000 | |
| 2001 | |
| 2002 | |
| 2003 | |
| 2004 | |
| 2005 | |
| 2006 | |
| under this section as follows: | 2007 |
| (1) The superintendent shall review or cause to be reviewed | 2008 |
| any relevant information gathered and compiled by the bureau under | 2009 |
| division (A) of section 109.57 of the Revised Code that relates to | 2010 |
|
the person who is the subject of the | 2011 |
| check, including, if the criminal records check was requested | 2012 |
| under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, | 2013 |
| 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, | 2014 |
| 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 2015 |
| 3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, | 2016 |
|
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 2017 |
|
5123.081, | 2018 |
| Code, any relevant information contained in records that have been | 2019 |
| sealed under section 2953.32 of the Revised Code; | 2020 |
| (2) If the request received by the superintendent asks for | 2021 |
| information from the federal bureau of investigation, the | 2022 |
| superintendent shall request from the federal bureau of | 2023 |
| investigation any information it has with respect to the person | 2024 |
|
who is the subject of the | 2025 |
| including fingerprint-based checks of national crime information | 2026 |
| databases as described in 42 U.S.C. 671 if the request is made | 2027 |
| pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised | 2028 |
| Code or if any other Revised Code section requires | 2029 |
| fingerprint-based checks of that nature, and shall review or cause | 2030 |
| to be reviewed any information the superintendent receives from | 2031 |
| that bureau. If a request under section 3319.39 of the Revised | 2032 |
| Code asks only for information from the federal bureau of | 2033 |
| investigation, the superintendent shall not conduct the review | 2034 |
| prescribed by division (B)(1) of this section. | 2035 |
| (3) The superintendent or the superintendent's designee may | 2036 |
| request criminal history records from other states or the federal | 2037 |
| government pursuant to the national crime prevention and privacy | 2038 |
| compact set forth in section 109.571 of the Revised Code. | 2039 |
| (C)(1) The superintendent shall prescribe a form to obtain | 2040 |
| the information necessary to conduct a criminal records check from | 2041 |
|
any person for whom a criminal records check is | 2042 |
| 2043 | |
| 2044 | |
| 2045 | |
| 2046 | |
| 2047 | |
| 2048 | |
| 2049 | |
| 2050 | |
| 2051 | |
| 2052 | |
| 2053 | |
| conducted under this section. The form that the superintendent | 2054 |
| prescribes pursuant to this division may be in a tangible format, | 2055 |
| in an electronic format, or in both tangible and electronic | 2056 |
| formats. | 2057 |
| (2) The superintendent shall prescribe standard impression | 2058 |
| sheets to obtain the fingerprint impressions of any person for | 2059 |
|
whom a criminal records check is | 2060 |
| 2061 | |
| 2062 | |
| 2063 | |
| 2064 | |
| 2065 | |
| 2066 | |
| 2067 | |
| 2068 | |
| 2069 | |
| 2070 | |
| 2071 | |
| conducted under this section. Any person for whom a records check | 2072 |
|
is | 2073 |
| conducted under this section shall obtain the fingerprint | 2074 |
| impressions at a county sheriff's office, municipal police | 2075 |
| department, or any other entity with the ability to make | 2076 |
| fingerprint impressions on the standard impression sheets | 2077 |
| prescribed by the superintendent. The office, department, or | 2078 |
| entity may charge the person a reasonable fee for making the | 2079 |
| impressions. The standard impression sheets the superintendent | 2080 |
| prescribes pursuant to this division may be in a tangible format, | 2081 |
| in an electronic format, or in both tangible and electronic | 2082 |
| formats. | 2083 |
| (3) Subject to division (D) of this section, the | 2084 |
| superintendent shall prescribe and charge a reasonable fee for | 2085 |
|
providing a criminal records check | 2086 |
| 2087 | |
| 2088 | |
| 2089 | |
| 2090 | |
| 2091 | |
| 2092 | |
| 2093 | |
| 2094 | |
| 2095 | |
| 2096 | |
| 2097 | |
|
criminal records | 2098 |
|
pay the fee prescribed pursuant to this division. | 2099 |
| 2100 | |
| 2101 | |
| 2102 | |
| 2103 | |
| 2104 | |
| 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032 | 2105 |
| of the Revised Code, the fee shall be paid in the manner specified | 2106 |
| in that section. | 2107 |
| (4) The superintendent of the bureau of criminal | 2108 |
| identification and investigation may prescribe methods of | 2109 |
| forwarding fingerprint impressions and information necessary to | 2110 |
| conduct a criminal records check, which methods shall include, but | 2111 |
| not be limited to, an electronic method. | 2112 |
| (D) | 2113 |
| 2114 | |
| 2115 | |
| 2116 | |
| 2117 | |
| 2118 | |
| 2119 | |
| 2120 | |
| 2121 | |
| 2122 | |
| 2123 | |
| 2124 | |
| 2125 | |
| criminal records check specified in division (A)(8) of this | 2126 |
| section, are valid for the person who is the subject of the | 2127 |
| criminal records check for a period of one year from the date upon | 2128 |
|
which the superintendent | 2129 |
|
criminal records check. | 2130 |
| 2131 | |
|
superintendent receives another request | 2132 |
| for a criminal records check to be conducted under this section | 2133 |
|
for that person, the superintendent shall provide the | 2134 |
| 2135 | |
| results from the previous criminal records check of the person at | 2136 |
| a lower fee than the fee prescribed for the initial criminal | 2137 |
| records check. | 2138 |
| (E) When the superintendent receives a request for | 2139 |
| information from a registered private provider, the superintendent | 2140 |
| shall proceed as if the request was received from a school | 2141 |
| district board of education under section 3319.39 of the Revised | 2142 |
|
Code. The superintendent shall apply division (A) | 2143 |
| section to any such request for an applicant who is a teacher. | 2144 |
| (F) As used in this section: | 2145 |
| (1) "Criminal records check" means any criminal records check | 2146 |
| conducted by the superintendent of the bureau of criminal | 2147 |
| identification and investigation in accordance with division (B) | 2148 |
| of this section. | 2149 |
| (2) "Minor drug possession offense" has the same meaning as | 2150 |
| in section 2925.01 of the Revised Code. | 2151 |
| (3) | 2152 |
| | 2153 |
| 4511.19 of the Revised Code or a violation of an existing or | 2154 |
| former law of this state, any other state, or the United States | 2155 |
| that is substantially equivalent to section 4511.19 of the Revised | 2156 |
| Code. | 2157 |
| | 2158 |
| or entity registered with the superintendent of public instruction | 2159 |
| under section 3310.41 of the Revised Code to participate in the | 2160 |
| autism scholarship program or section 3310.58 of the Revised Code | 2161 |
| to participate in the Jon Peterson special needs scholarship | 2162 |
| program. | 2163 |
| Sec. 109.803. (A)(1) Subject to division (A)(2) of this | 2164 |
| section, every appointing authority shall require each of its | 2165 |
|
appointed peace officers and troopers to complete | 2166 |
| 2167 | |
|
calendar year | 2168 |
| 2169 | |
| 2170 | |
| 2171 | |
| 2172 | |
| 2173 | |
| 2174 | |
| 2175 | |
| 2176 |
| (2) An appointing authority may submit a written request to | 2177 |
| the peace officer training commission that requests for a calendar | 2178 |
| year because of emergency circumstances an extension of the time | 2179 |
| within which one or more of its appointed peace officers or | 2180 |
|
troopers must complete the required | 2181 |
|
of continuing professional training | 2182 |
| 2183 | |
| this division shall set forth the name of each of the appointing | 2184 |
| authority's peace officers or troopers for whom an extension is | 2185 |
| requested, identify the emergency circumstances related to that | 2186 |
| peace officer or trooper, include documentation of those emergency | 2187 |
| circumstances, and set forth the date on which the request is | 2188 |
| submitted to the commission. A request shall be made under this | 2189 |
| division not later than the fifteenth day of December in the | 2190 |
| calendar year for which the extension is requested. | 2191 |
| Upon receipt of a written request made under this division, | 2192 |
| the executive director of the commission shall review the request | 2193 |
| and the submitted documentation. If the executive director of the | 2194 |
| commission is satisfied that emergency circumstances exist for any | 2195 |
| peace officer or trooper for whom a request was made under this | 2196 |
| division, the executive director may approve the request for that | 2197 |
| peace officer or trooper and grant an extension of the time within | 2198 |
| which that peace officer or trooper must complete the required | 2199 |
| 2200 | |
| 2201 | |
| may be for any period of time the executive director believes to | 2202 |
| be appropriate, and the executive director shall specify in the | 2203 |
| notice granting the extension the date on which the extension | 2204 |
| ends. Not later than thirty days after the date on which a request | 2205 |
| is submitted to the commission, for each peace officer and trooper | 2206 |
| for whom an extension is requested, the executive director either | 2207 |
| shall approve the request and grant an extension or deny the | 2208 |
| request and deny an extension and shall send to the appointing | 2209 |
| authority that submitted the request written notice of the | 2210 |
| executive director's decision. | 2211 |
| If the executive director grants an extension of the time | 2212 |
| within which a particular appointed peace officer or trooper of an | 2213 |
|
appointing authority must complete the required | 2214 |
| four hours of continuing professional training | 2215 |
| 2216 | |
|
officer or trooper to complete the required | 2217 |
| hours of training not later than the date on which the extension | 2218 |
| ends. | 2219 |
| (B) With the advice of the Ohio peace officer training | 2220 |
| commission, the attorney general shall adopt in accordance with | 2221 |
| Chapter 119. of the Revised Code rules setting forth minimum | 2222 |
| standards for continuing professional training for peace officers | 2223 |
| and troopers and governing the administration of continuing | 2224 |
| professional training programs for peace officers and troopers. | 2225 |
| The attorney general shall transmit a certified copy of any rule | 2226 |
| adopted under this section to the secretary of state. | 2227 |
| (C) Every appointing authority shall submit documentation to | 2228 |
| the Ohio peace officer training commission indicating its peace | 2229 |
| officers' or troopers' compliance with this section together with | 2230 |
| the roster that is required to be submitted under section 109.761 | 2231 |
| of the Revised Code. | 2232 |
| (D) As used in this section: | 2233 |
| (1) "Peace officer" has the same meaning as in section 109.71 | 2234 |
| of the Revised Code. | 2235 |
| (2) "Trooper" means an individual appointed as a state | 2236 |
| highway patrol trooper under section 5503.01 of the Revised Code. | 2237 |
| (3) "Appointing authority" means any agency or entity that | 2238 |
| appoints a peace officer or trooper. | 2239 |
| Sec. 118.023. (A) Upon determining that one or more of the | 2240 |
| conditions described in section 118.022 of the Revised Code are | 2241 |
| present, the auditor of state shall issue a written declaration of | 2242 |
| the existence of a fiscal watch to the municipal corporation, | 2243 |
| county, or township and the county budget commission. The fiscal | 2244 |
| watch shall be in effect until the auditor of state determines | 2245 |
| that none of the conditions are any longer present and cancels the | 2246 |
| watch, or until the auditor of state determines that a state of | 2247 |
| fiscal emergency exists. The auditor of state, or a designee, | 2248 |
| shall provide such technical and support services to the municipal | 2249 |
| corporation, county, or township after a fiscal watch has been | 2250 |
| declared to exist as the auditor of state considers necessary. | 2251 |
| (B) Within one hundred twenty days after the day a written | 2252 |
| declaration of the existence of a fiscal watch is issued under | 2253 |
| division (A) of this section, the mayor of the municipal | 2254 |
| corporation, the board of county commissioners of the county, or | 2255 |
| the board of township trustees of the township for which a fiscal | 2256 |
| watch was declared shall submit to the auditor of state a | 2257 |
| financial recovery plan that shall identify actions to be taken, | 2258 |
| including entering into shared services agreements with other | 2259 |
| political subdivisions for the joint exercise of any power, | 2260 |
| performance of any function, or rendering of any service, if so | 2261 |
| authorized by statute, to eliminate all of the conditions | 2262 |
| described in section 118.022 of the Revised Code, and shall | 2263 |
| include a schedule detailing the approximate dates for beginning | 2264 |
|
and completing the actions | 2265 |
| reflecting the effects of the actions. The financial recovery plan | 2266 |
| is subject to review and approval by the auditor of state. The | 2267 |
| auditor of state may extend the amount of time by which a | 2268 |
| financial recovery plan is required to be filed, for good cause | 2269 |
| shown. | 2270 |
| (C) If a feasible financial recovery plan for a municipal | 2271 |
| corporation, county, or township for which a fiscal watch was | 2272 |
| declared is not submitted within the time period prescribed by | 2273 |
| division (B) of this section, or within any extension of time | 2274 |
| thereof, the auditor of state shall declare that a fiscal | 2275 |
| emergency condition exists under section 118.04 of the Revised | 2276 |
| Code in the municipal corporation, county, or township. | 2277 |
| Sec. 118.06. (A) Within one hundred twenty days after the | 2278 |
| first meeting of the commission, the mayor of the municipal | 2279 |
| corporation or the board of county commissioners or board of | 2280 |
| township trustees shall submit to the commission a detailed | 2281 |
| financial plan, as approved or amended and approved by ordinance | 2282 |
| or resolution of the legislative authority, containing the | 2283 |
| following: | 2284 |
| (1) Actions to be taken by the municipal corporation, county, | 2285 |
| or township to: | 2286 |
| (a) Eliminate all fiscal emergency conditions determined to | 2287 |
| exist pursuant to section 118.04 of the Revised Code; | 2288 |
| (b) Satisfy any judgments, past due accounts payable, and all | 2289 |
| past due and payable payroll and fringe benefits; | 2290 |
| (c) Eliminate the deficits in all deficit funds; | 2291 |
| (d) Restore to construction funds and other special funds | 2292 |
| moneys from such funds that were used for purposes not within the | 2293 |
| purposes of such funds, or borrowed from such construction funds | 2294 |
| by the purchase of debt obligations of the municipal corporation, | 2295 |
| county, or township with the moneys of such funds, or missing from | 2296 |
| the construction funds or such special funds and not accounted | 2297 |
| for; | 2298 |
| (e) Balance the budgets, avoid future deficits in any funds, | 2299 |
| and maintain current payments of payroll, fringe benefits, and all | 2300 |
| accounts; | 2301 |
| (f) Avoid any fiscal emergency condition in the future; | 2302 |
| (g) Restore the ability of the municipal corporation, county, | 2303 |
| or township to market long-term general obligation bonds under | 2304 |
| provisions of law applicable to municipal corporations, counties, | 2305 |
| or townships generally; | 2306 |
| (h) Enter into shared services agreements with other | 2307 |
| political subdivisions for the joint exercise of any power, | 2308 |
| performance of any function, or rendering of any service, if so | 2309 |
| authorized by statute. | 2310 |
| (2) The legal authorities permitting the municipal | 2311 |
| corporation, county, or township to take the actions enumerated | 2312 |
| pursuant to division (A)(1) of this section; | 2313 |
| (3) The approximate dates of the commencement, progress upon, | 2314 |
| and completion of the actions enumerated pursuant to division | 2315 |
| (A)(1) of this section, a five-year forecast reflecting the | 2316 |
| effects of those actions, and a reasonable period of time expected | 2317 |
| to be required to implement the plan. The municipal corporation, | 2318 |
| county, or township, in consultation with the commission and the | 2319 |
| financial supervisor, shall prepare a reasonable time schedule for | 2320 |
| progress toward and achievement of the requirements for the | 2321 |
| financial plan and the financial plan shall be consistent with | 2322 |
| that time schedule. | 2323 |
| (4) The amount and purpose of any issue of debt obligations | 2324 |
| that will be issued, together with assurances that any such debt | 2325 |
| obligations that will be issued will not exceed debt limits | 2326 |
| supported by appropriate certifications by the fiscal officer of | 2327 |
| the municipal corporation, county, or township and the county | 2328 |
| auditor; | 2329 |
| (5) Assurances that the municipal corporation, county, or | 2330 |
| township will establish monthly levels of expenditures and | 2331 |
| encumbrances pursuant to division (B)(2) of section 118.07 of the | 2332 |
| Revised Code; | 2333 |
| (6) Assurances that the municipal corporation, county, or | 2334 |
| township will conform to statutes with respect to tax budgets and | 2335 |
| appropriation measures; | 2336 |
| (7) The detail, the form, and the supporting information that | 2337 |
| the commission may direct. | 2338 |
| (B) The financial plan developed pursuant to division (A) of | 2339 |
| this section shall be filed with the financial supervisor and the | 2340 |
| financial planning and supervision commission and shall be updated | 2341 |
| annually. After consultation with the financial supervisor, the | 2342 |
| commission shall either approve or reject any initial or | 2343 |
| subsequent financial plan. If the commission rejects the initial | 2344 |
| or any subsequent financial plan, it shall forthwith inform the | 2345 |
| mayor and legislative authority of the municipal corporation or | 2346 |
| the board of county commissioners or board of township trustees of | 2347 |
| the reasons for its rejection. Within thirty days after the | 2348 |
| rejection of any plan, the mayor with the approval of the | 2349 |
| legislative authority by the passage of an ordinance or | 2350 |
| resolution, or the board of county commissioners or board of | 2351 |
| township trustees, shall submit another plan meeting the | 2352 |
| requirements of divisions (A)(1) to (7) of this section, to the | 2353 |
| commission and the financial supervisor for approval or rejection | 2354 |
| by the commission. | 2355 |
| (C) Any initial or subsequent financial plan passed by the | 2356 |
| municipal corporation, county, or township shall be approved by | 2357 |
| the commission if it complies with divisions (A)(1) to (7) of this | 2358 |
| section, and if the commission finds that the plan is bona fide | 2359 |
| and can reasonably be expected to be implemented within the period | 2360 |
| specified in the plan. | 2361 |
| (D) Any financial plan may be amended subsequent to its | 2362 |
| adoption in the same manner as the passage and approval of the | 2363 |
| initial or subsequent plan pursuant to divisions (A) to (C) of | 2364 |
| this section. | 2365 |
| (E) If a municipal corporation, county, or township fails to | 2366 |
| submit a financial plan as required by this section, or fails to | 2367 |
| substantially comply with an approved financial plan, upon | 2368 |
| certification of the commission, all state funding for that | 2369 |
| municipal corporation, county, or township other than benefit | 2370 |
| assistance to individuals shall be escrowed until a feasible plan | 2371 |
| is submitted and approved or substantial compliance with the plan | 2372 |
| is achieved, as the case may be. | 2373 |
| Sec. 120.08. There is hereby created in the state treasury | 2374 |
| the indigent defense support fund, consisting of money paid into | 2375 |
| the fund pursuant to sections 4507.45, 4509.101, 4510.22, and | 2376 |
| 4511.19 of the Revised Code and pursuant to sections 2937.22, | 2377 |
| 2949.091, and 2949.094 of the Revised Code out of the additional | 2378 |
| court costs imposed under those sections. The state public | 2379 |
|
defender shall use at least | 2380 |
|
money in the fund for the | 2381 |
| governments for expenses incurred pursuant to sections 120.18, | 2382 |
| 120.28, and 120.33 of the Revised Code and operating its system | 2383 |
| pursuant to division (C)(7) of section 120.04 of the Revised Code | 2384 |
| and division (B) of section 120.33 of the Revised Code. | 2385 |
| Disbursements from the fund to county governments shall be made at | 2386 |
| least once per year and shall be allocated proportionately so that | 2387 |
| each county receives an equal percentage of its total cost for | 2388 |
| operating its county public defender system, its joint county | 2389 |
| public defender system, its county appointed counsel system, or | 2390 |
| its system operated under division (C)(7) of section 120.04 of the | 2391 |
| Revised Code and division (B) of section 120.33 of the Revised | 2392 |
|
Code. The state public defender may use not more than
| 2393 |
| per cent of the money in the fund for the purposes of appointing | 2394 |
|
assistant state public defenders | 2395 |
| personnel, equipment, and facilities necessary for the operation | 2396 |
| of the state public defender office, and providing training, | 2397 |
| developing and implementing electronic forms, or establishing and | 2398 |
| maintaining an information technology system used for the uniform | 2399 |
| operation of this chapter. | 2400 |
| Sec. 120.53. (A) A legal aid society that operates within | 2401 |
| the state may apply to the Ohio legal assistance foundation for | 2402 |
| financial assistance from the legal aid fund established by | 2403 |
| section 120.52 of the Revised Code to be used for the funding of | 2404 |
| the society during the calendar year following the calendar year | 2405 |
| in which application is made. | 2406 |
| (B) An application for financial assistance made under | 2407 |
| division (A) of this section shall be submitted by the first day | 2408 |
| of November of the calendar year preceding the calendar year for | 2409 |
| which financial assistance is desired and shall include all of the | 2410 |
| following: | 2411 |
| (1) Evidence that the applicant is incorporated in this state | 2412 |
| as a nonprofit corporation; | 2413 |
| (2) A list of the trustees of the applicant; | 2414 |
| (3) The proposed budget of the applicant for these funds for | 2415 |
| the following calendar year; | 2416 |
| (4) A summary of the services to be offered by the applicant | 2417 |
| in the following calendar year; | 2418 |
| (5) A specific description of the territory or constituency | 2419 |
| served by the applicant; | 2420 |
| (6) An estimate of the number of persons to be served by the | 2421 |
| applicant during the following calendar year; | 2422 |
| (7) A general description of the additional sources of the | 2423 |
| applicant's funding; | 2424 |
| (8) The amount of the applicant's total budget for the | 2425 |
| calendar year in which the application is filed that it will | 2426 |
| expend in that calendar year for legal services in each of the | 2427 |
| counties it serves; | 2428 |
| (9) A specific description of any services, programs, | 2429 |
| training, and legal technical assistance to be delivered by the | 2430 |
| applicant or by another person pursuant to a contract with the | 2431 |
| applicant, including, but not limited to, by private attorneys or | 2432 |
| through reduced fee plans, judicare panels, organized pro bono | 2433 |
| programs, and mediation programs. | 2434 |
| (C) The Ohio legal assistance foundation shall determine | 2435 |
| whether each applicant that filed an application for financial | 2436 |
| assistance under division (A) of this section in a calendar year | 2437 |
| is eligible for financial assistance under this section. To be | 2438 |
| eligible for such financial assistance, an applicant shall satisfy | 2439 |
| the criteria for being a legal aid society and shall be in | 2440 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 2441 |
| Revised Code and with the rules and requirements the foundation | 2442 |
| establishes pursuant to section 120.52 of the Revised Code. The | 2443 |
| Ohio legal assistance foundation then, on or before the fifteenth | 2444 |
| day of December of the calendar year in which the application is | 2445 |
| filed, shall notify each such applicant, in writing, whether it is | 2446 |
| eligible for financial assistance under this section, and if it is | 2447 |
| eligible, estimate the amount that will be available for that | 2448 |
| applicant for each six-month distribution period, as determined | 2449 |
| under division (D) of this section. | 2450 |
| (D) The Ohio legal assistance foundation shall allocate | 2451 |
| moneys contained in the legal aid fund monthly for distribution to | 2452 |
| applicants that filed their applications in the previous calendar | 2453 |
| year and are determined to be eligible applicants. | 2454 |
| All moneys contained in the fund on the first day of each | 2455 |
| month shall be allocated, after deduction of the costs of | 2456 |
| administering sections 120.51 to 120.55 and sections 1901.26, | 2457 |
| 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 2458 |
| Code that are authorized by section 120.52 of the Revised Code, | 2459 |
| according to this section and shall be distributed accordingly not | 2460 |
| later than the last day of the month following the month the | 2461 |
| moneys were received. In making the allocations under this | 2462 |
| section, the moneys in the fund that were generated pursuant to | 2463 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 2464 |
| 4705.10 of the Revised Code shall be apportioned as follows: | 2465 |
| (1) After deduction of the amount authorized and used for | 2466 |
| actual, reasonable administrative costs under section 120.52 of | 2467 |
| the Revised Code: | 2468 |
| (a) Five per cent of the moneys remaining in the fund shall | 2469 |
| be reserved for use in the manner described in division (A) of | 2470 |
| section 120.521 of the Revised Code or for distribution to legal | 2471 |
| aid societies that provide assistance to special population groups | 2472 |
| of their eligible clients, engage in special projects that have a | 2473 |
| substantial impact on their local service area or on significant | 2474 |
| segments of the state's poverty population, or provide legal | 2475 |
| training or support to other legal aid societies in the state; | 2476 |
| (b) After deduction of the amount described in division | 2477 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 2478 |
| moneys remaining in the fund shall be apportioned among entities | 2479 |
| that received financial assistance from the legal aid fund prior | 2480 |
|
to | 2481 |
|
and after
| 2482 |
| longer qualify as a legal aid society that is eligible for | 2483 |
| financial assistance under this section. | 2484 |
| (c) After deduction of the amounts described in divisions | 2485 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 2486 |
| remaining in the fund shall be placed in the legal assistance | 2487 |
| foundation fund for use in the manner described in division (A) of | 2488 |
| section 120.521 of the Revised Code. | 2489 |
| (2) After deduction of the actual, reasonable administrative | 2490 |
| costs under section 120.52 of the Revised Code and after deduction | 2491 |
| of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 2492 |
| this section, the remaining moneys shall be apportioned among the | 2493 |
| counties that are served by eligible legal aid societies that have | 2494 |
| applied for financial assistance under this section so that each | 2495 |
| such county is apportioned a portion of those moneys, based upon | 2496 |
| the ratio of the number of indigents who reside in that county to | 2497 |
| the total number of indigents who reside in all counties of this | 2498 |
| state that are served by eligible legal aid societies that have | 2499 |
| applied for financial assistance under this section. Subject to | 2500 |
| division (E) of this section, the moneys apportioned to a county | 2501 |
| under this division then shall be allocated to the eligible legal | 2502 |
| aid society that serves the county and that has applied for | 2503 |
| financial assistance under this section. For purposes of this | 2504 |
| division, the source of data identifying the number of indigent | 2505 |
|
persons who reside in a county shall be | 2506 |
| 2507 | |
|
best available figures | 2508 |
| 2509 |
| (E) If the Ohio legal assistance foundation, in attempting to | 2510 |
| make an allocation of moneys under division (D)(2) of this | 2511 |
| section, determines that a county that has been apportioned money | 2512 |
| under that division is served by more than one eligible legal aid | 2513 |
| society that has applied for financial assistance under this | 2514 |
| section, the Ohio legal assistance foundation shall allocate the | 2515 |
| moneys that have been apportioned to that county under division | 2516 |
| (D)(2) of this section among all eligible legal aid societies that | 2517 |
| serve that county and that have applied for financial assistance | 2518 |
| under this section on a pro rata basis, so that each such eligible | 2519 |
| society is allocated a portion based upon the amount of its total | 2520 |
| budget expended in the prior calendar year for legal services in | 2521 |
| that county as compared to the total amount expended in the prior | 2522 |
| calendar year for legal services in that county by all eligible | 2523 |
| legal aid societies that serve that county and that have applied | 2524 |
| for financial assistance under this section. | 2525 |
| (F) Moneys allocated to eligible applicants under this | 2526 |
| section shall be paid monthly beginning the calendar year | 2527 |
| following the calendar year in which the application is filed. | 2528 |
| (G)(1) A legal aid society that receives financial assistance | 2529 |
| in any calendar year under this section shall file an annual | 2530 |
| report with the Ohio legal assistance foundation detailing the | 2531 |
| number and types of cases handled, and the amount and types of | 2532 |
| legal training, legal technical assistance, and other service | 2533 |
| provided, by means of that financial assistance. No information | 2534 |
| contained in the report shall identify or enable the | 2535 |
| identification of any person served by the legal aid society or in | 2536 |
| any way breach client confidentiality. | 2537 |
| (2) The Ohio legal assistance foundation shall make an annual | 2538 |
| report to the governor, the general assembly, and the supreme | 2539 |
| court on the distribution and use of the legal aid fund. The | 2540 |
| foundation also shall include in the annual report an audited | 2541 |
| financial statement of all gifts, bequests, donations, | 2542 |
| contributions, and other moneys the foundation receives. No | 2543 |
| information contained in the report shall identify or enable the | 2544 |
| identification of any person served by a legal aid society, or in | 2545 |
| any way breach confidentiality. | 2546 |
| (H) A legal aid society may enter into agreements for the | 2547 |
| provision of services, programs, training, or legal technical | 2548 |
| assistance for the legal aid society or to indigent persons. | 2549 |
| Sec. 121.04. Offices are created within the several | 2550 |
| departments as follows: | 2551 |
| In the department of commerce: | 2552 |
| Commissioner of securities; | 2553 | |||
| Superintendent of real estate and professional licensing; | 2554 | |||
| Superintendent of financial institutions; | 2555 | |||
| State fire marshal; | 2556 | |||
| Superintendent of |
2557 | |||
| Superintendent of liquor control; | 2558 | |||
| Superintendent of unclaimed funds. | 2559 |
| In the department of administrative services: | 2560 |
| 2561 | ||||
| Equal employment opportunity coordinator. | 2562 |
| In the department of agriculture: | 2563 |
| Chiefs of divisions as follows: | 2564 |
| Administration; | 2565 | |||
| Animal health; | 2566 | |||
| Livestock environmental permitting; | 2567 | |||
| Dairy; | 2568 | |||
| Food safety; | 2569 | |||
| Plant health; | 2570 | |||
| Markets; | 2571 | |||
| Meat inspection; | 2572 | |||
| Consumer protection laboratory; | 2573 | |||
| Amusement ride safety; | 2574 | |||
| Enforcement; | 2575 | |||
| Weights and measures. | 2576 |
| In the department of natural resources: | 2577 |
| Chiefs of divisions as follows: | 2578 |
| Mineral resources management; | 2579 | |||
| Oil and gas resources management; | 2580 | |||
| Forestry; | 2581 | |||
| Natural areas and preserves; | 2582 | |||
| Wildlife; | 2583 | |||
| Geological survey; | 2584 | |||
| Parks and recreation; | 2585 | |||
| Watercraft; | 2586 | |||
| 2587 | ||||
| Soil and water resources; | 2588 | |||
| Engineering. | 2589 |
| In the department of insurance: | 2590 |
| Deputy superintendent of insurance; | 2591 | |||
| Assistant superintendent of insurance, technical; | 2592 | |||
| Assistant superintendent of insurance, administrative; | 2593 | |||
| Assistant superintendent of insurance, research. | 2594 |
| Sec. 121.08. (A) There is hereby created in the department | 2595 |
| of commerce the position of deputy director of administration. | 2596 |
| This officer shall be appointed by the director of commerce, serve | 2597 |
| under the director's direction, supervision, and control, perform | 2598 |
| the duties the director prescribes, and hold office during the | 2599 |
| director's pleasure. The director of commerce may designate an | 2600 |
| assistant director of commerce to serve as the deputy director of | 2601 |
| administration. The deputy director of administration shall | 2602 |
| perform the duties prescribed by the director of commerce in | 2603 |
| supervising the activities of the division of administration of | 2604 |
| the department of commerce. | 2605 |
| (B) Except as provided in section 121.07 of the Revised Code, | 2606 |
| the department of commerce shall have all powers and perform all | 2607 |
| duties vested in the deputy director of administration, the state | 2608 |
| fire marshal, the superintendent of financial institutions, the | 2609 |
| superintendent of real estate and professional licensing, the | 2610 |
|
superintendent of liquor control, the superintendent of | 2611 |
| industrial compliance, the superintendent of unclaimed funds, and | 2612 |
| the commissioner of securities, and shall have all powers and | 2613 |
| perform all duties vested by law in all officers, deputies, and | 2614 |
| employees of those offices. Except as provided in section 121.07 | 2615 |
| of the Revised Code, wherever powers are conferred or duties | 2616 |
| imposed upon any of those officers, the powers and duties shall be | 2617 |
| construed as vested in the department of commerce. | 2618 |
| (C)(1) There is hereby created in the department of commerce | 2619 |
| a division of financial institutions, which shall have all powers | 2620 |
| and perform all duties vested by law in the superintendent of | 2621 |
| financial institutions. Wherever powers are conferred or duties | 2622 |
| imposed upon the superintendent of financial institutions, those | 2623 |
| powers and duties shall be construed as vested in the division of | 2624 |
| financial institutions. The division of financial institutions | 2625 |
| shall be administered by the superintendent of financial | 2626 |
| institutions. | 2627 |
| (2) All provisions of law governing the superintendent of | 2628 |
| financial institutions shall apply to and govern the | 2629 |
| superintendent of financial institutions provided for in this | 2630 |
| section; all authority vested by law in the superintendent of | 2631 |
| financial institutions with respect to the management of the | 2632 |
| division of financial institutions shall be construed as vested in | 2633 |
| the superintendent of financial institutions created by this | 2634 |
| section with respect to the division of financial institutions | 2635 |
| provided for in this section; and all rights, privileges, and | 2636 |
| emoluments conferred by law upon the superintendent of financial | 2637 |
| institutions shall be construed as conferred upon the | 2638 |
| superintendent of financial institutions as head of the division | 2639 |
| of financial institutions. The director of commerce shall not | 2640 |
| transfer from the division of financial institutions any of the | 2641 |
| functions specified in division (C)(2) of this section. | 2642 |
| (D) There is hereby created in the department of commerce a | 2643 |
| division of liquor control, which shall have all powers and | 2644 |
| perform all duties vested by law in the superintendent of liquor | 2645 |
| control. Wherever powers are conferred or duties are imposed upon | 2646 |
| the superintendent of liquor control, those powers and duties | 2647 |
| shall be construed as vested in the division of liquor control. | 2648 |
| The division of liquor control shall be administered by the | 2649 |
| superintendent of liquor control. | 2650 |
| (E) The director of commerce shall not be interested, | 2651 |
| directly or indirectly, in any firm or corporation which is a | 2652 |
| dealer in securities as defined in sections 1707.01 and 1707.14 of | 2653 |
| the Revised Code, or in any firm or corporation licensed under | 2654 |
| sections 1321.01 to 1321.19 of the Revised Code. | 2655 |
| (F) The director of commerce shall not have any official | 2656 |
| connection with a savings and loan association, a savings bank, a | 2657 |
| bank, a bank holding company, a savings and loan association | 2658 |
| holding company, a consumer finance company, or a credit union | 2659 |
| that is under the supervision of the division of financial | 2660 |
| institutions, or a subsidiary of any of the preceding entities, or | 2661 |
| be interested in the business thereof. | 2662 |
| (G) There is hereby created in the state treasury the | 2663 |
| division of administration fund. The fund shall receive | 2664 |
| assessments on the operating funds of the department of commerce | 2665 |
| in accordance with procedures prescribed by the director of | 2666 |
| commerce and approved by the director of budget and management. | 2667 |
| All operating expenses of the division of administration shall be | 2668 |
| paid from the division of administration fund. | 2669 |
| (H) There is hereby created in the department of commerce a | 2670 |
| division of real estate and professional licensing, which shall be | 2671 |
| under the control and supervision of the director of commerce. The | 2672 |
| division of real estate and professional licensing shall be | 2673 |
| administered by the superintendent of real estate and professional | 2674 |
| licensing. The superintendent of real estate and professional | 2675 |
| licensing shall exercise the powers and perform the functions and | 2676 |
| duties delegated to the superintendent under Chapters 4735., | 2677 |
| 4763., and 4767. of the Revised Code. | 2678 |
| (I) There is hereby created in the department of commerce a | 2679 |
|
division of | 2680 |
| powers and perform all duties vested by law in the superintendent | 2681 |
|
of
| 2682 |
|
duties imposed upon the superintendent of
| 2683 |
| compliance, those powers and duties shall be construed as vested | 2684 |
|
in the division of
| 2685 |
| 2686 | |
| supervision of the director of commerce and be administered by the | 2687 |
|
superintendent of | 2688 |
| (J) There is hereby created in the department of commerce a | 2689 |
| division of unclaimed funds, which shall have all powers and | 2690 |
| perform all duties delegated to or vested by law in the | 2691 |
| superintendent of unclaimed funds. Wherever powers are conferred | 2692 |
| or duties imposed upon the superintendent of unclaimed funds, | 2693 |
| those powers and duties shall be construed as vested in the | 2694 |
| division of unclaimed funds. The division of unclaimed funds shall | 2695 |
| be under the control and supervision of the director of commerce | 2696 |
| and shall be administered by the superintendent of unclaimed | 2697 |
| funds. The superintendent of unclaimed funds shall exercise the | 2698 |
| powers and perform the functions and duties delegated to the | 2699 |
| superintendent by the director of commerce under section 121.07 | 2700 |
| and Chapter 169. of the Revised Code, and as may otherwise be | 2701 |
| provided by law. | 2702 |
| (K) The department of commerce or a division of the | 2703 |
| department created by the Revised Code that is acting with | 2704 |
| authorization on the department's behalf may request from the | 2705 |
| bureau of criminal identification and investigation pursuant to | 2706 |
| section 109.572 of the Revised Code, or coordinate with | 2707 |
| appropriate federal, state, and local government agencies to | 2708 |
| accomplish, criminal records checks for the persons whose | 2709 |
| identities are required to be disclosed by an applicant for the | 2710 |
| issuance or transfer of a permit, license, certificate of | 2711 |
| registration, or certification issued or transferred by the | 2712 |
| department or division. At or before the time of making a request | 2713 |
| for a criminal records check, the department or division may | 2714 |
| require any person whose identity is required to be disclosed by | 2715 |
| an applicant for the issuance or transfer of such a license, | 2716 |
| permit, certificate of registration, or certification to submit to | 2717 |
| the department or division valid fingerprint impressions in a | 2718 |
| format and by any media or means acceptable to the bureau of | 2719 |
| criminal identification and investigation and, when applicable, | 2720 |
| the federal bureau of investigation. The department or division | 2721 |
| may cause the bureau of criminal identification and investigation | 2722 |
| to conduct a criminal records check through the federal bureau of | 2723 |
| investigation only if the person for whom the criminal records | 2724 |
| check would be conducted resides or works outside of this state or | 2725 |
| has resided or worked outside of this state during the preceding | 2726 |
| five years, or if a criminal records check conducted by the bureau | 2727 |
| of criminal identification and investigation within this state | 2728 |
| indicates that the person may have a criminal record outside of | 2729 |
| this state. | 2730 |
| In the case of a criminal records check under section 109.572 | 2731 |
| of the Revised Code, the department or division shall forward to | 2732 |
| the bureau of criminal identification and investigation the | 2733 |
| requisite form, fingerprint impressions, and fee described in | 2734 |
| division (C) of that section. When requested by the department or | 2735 |
| division in accordance with this section, the bureau of criminal | 2736 |
| identification and investigation shall request from the federal | 2737 |
| bureau of investigation any information it has with respect to the | 2738 |
| person who is the subject of the requested criminal records check | 2739 |
| and shall forward the requisite fingerprint impressions and | 2740 |
| information to the federal bureau of investigation for that | 2741 |
| criminal records check. After conducting a criminal records check | 2742 |
| or receiving the results of a criminal records check from the | 2743 |
| federal bureau of investigation, the bureau of criminal | 2744 |
| identification and investigation shall provide the results to the | 2745 |
| department or division. | 2746 |
| The department or division may require any person about whom | 2747 |
| a criminal records check is requested to pay to the department or | 2748 |
| division the amount necessary to cover the fee charged to the | 2749 |
| department or division by the bureau of criminal identification | 2750 |
| and investigation under division (C)(3) of section 109.572 of the | 2751 |
| Revised Code, including, when applicable, any fee for a criminal | 2752 |
| records check conducted by the federal bureau of investigation. | 2753 |
| Sec. 121.083. The superintendent of | 2754 |
| compliance in the department of commerce shall do all of the | 2755 |
| following: | 2756 |
| (A) Administer and enforce the general laws of this state | 2757 |
| pertaining to buildings, pressure piping, boilers, bedding, | 2758 |
| upholstered furniture, and stuffed toys, steam engineering, | 2759 |
| elevators, plumbing, licensed occupations regulated by the | 2760 |
| department, and travel agents, as they apply to plans review, | 2761 |
| inspection, code enforcement, testing, licensing, registration, | 2762 |
| and certification. | 2763 |
| (B) Exercise the powers and perform the duties delegated to | 2764 |
| the superintendent by the director of commerce under Chapters | 2765 |
| 4109., 4111., and 4115. of the Revised Code. | 2766 |
| (C) Collect and collate statistics as are necessary. | 2767 |
| (D) Examine and license persons who desire to act as steam | 2768 |
| engineers, to operate steam boilers, and to act as inspectors of | 2769 |
| steam boilers, provide for the scope, conduct, and time of such | 2770 |
| examinations, provide for, regulate, and enforce the renewal and | 2771 |
| revocation of such licenses, inspect and examine steam boilers and | 2772 |
| make, publish, and enforce rules and orders for the construction, | 2773 |
| installation, inspection, and operation of steam boilers, and do, | 2774 |
| require, and enforce all things necessary to make such | 2775 |
| examination, inspection, and requirement efficient. | 2776 |
| (E) Rent and furnish offices as needed in cities in this | 2777 |
| state for the conduct of its affairs. | 2778 |
| (F) Oversee a chief of construction and compliance, a chief | 2779 |
| of operations and maintenance, a chief of licensing and | 2780 |
| certification, a chief of worker protection, and other designees | 2781 |
| appointed by the director to perform the duties described in this | 2782 |
| section. | 2783 |
| (G) Enforce the rules the board of building standards adopts | 2784 |
| pursuant to division (A)(2) of section 4104.43 of the Revised Code | 2785 |
| under the circumstances described in division (D) of that section. | 2786 |
| (H) Accept submissions, establish a fee for submissions, and | 2787 |
| review submissions of certified welding and brazing procedure | 2788 |
| specifications, procedure qualification records, and performance | 2789 |
| qualification records for building services piping as required by | 2790 |
| section 4104.44 of the Revised Code. | 2791 |
| Sec. 121.084. (A) All moneys collected under sections | 2792 |
| 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, | 2793 |
| 4169.03, 4171.04, and 5104.051 of the Revised Code, and any other | 2794 |
|
moneys collected by the division of | 2795 |
|
shall be paid into the state treasury to the credit of the | 2796 |
| industrial compliance operating fund, which is hereby created. The | 2797 |
| department of commerce shall use the moneys in the fund for paying | 2798 |
| the operating expenses of the division and the administrative | 2799 |
| assessment described in division (B) of this section. | 2800 |
| (B) The director of commerce, with the approval of the | 2801 |
| director of budget and management, shall prescribe procedures for | 2802 |
|
assessing the | 2803 |
| proportionate share of the administrative costs of the department | 2804 |
| of commerce. The assessment shall be made in accordance with those | 2805 |
|
procedures and be paid from the | 2806 |
| operating fund to the division of administration fund created in | 2807 |
| section 121.08 of the Revised Code. | 2808 |
| Sec. 121.22. (A) This section shall be liberally construed | 2809 |
| to require public officials to take official action and to conduct | 2810 |
| all deliberations upon official business only in open meetings | 2811 |
| unless the subject matter is specifically excepted by law. | 2812 |
| (B) As used in this section: | 2813 |
| (1) "Public body" means any of the following: | 2814 |
| (a) Any board, commission, committee, council, or similar | 2815 |
| decision-making body of a state agency, institution, or authority, | 2816 |
| and any legislative authority or board, commission, committee, | 2817 |
| council, agency, authority, or similar decision-making body of any | 2818 |
| county, township, municipal corporation, school district, or other | 2819 |
| political subdivision or local public institution; | 2820 |
| (b) Any committee or subcommittee of a body described in | 2821 |
| division (B)(1)(a) of this section; | 2822 |
| (c) A court of jurisdiction of a sanitary district organized | 2823 |
| wholly for the purpose of providing a water supply for domestic, | 2824 |
| municipal, and public use when meeting for the purpose of the | 2825 |
| appointment, removal, or reappointment of a member of the board of | 2826 |
| directors of such a district pursuant to section 6115.10 of the | 2827 |
| Revised Code, if applicable, or for any other matter related to | 2828 |
| such a district other than litigation involving the district. As | 2829 |
| used in division (B)(1)(c) of this section, "court of | 2830 |
| jurisdiction" has the same meaning as "court" in section 6115.01 | 2831 |
| of the Revised Code. | 2832 |
| (2) "Meeting" means any prearranged discussion of the public | 2833 |
| business of the public body by a majority of its members. | 2834 |
| (3) "Regulated individual" means either of the following: | 2835 |
| (a) A student in a state or local public educational | 2836 |
| institution; | 2837 |
| (b) A person who is, voluntarily or involuntarily, an inmate, | 2838 |
| patient, or resident of a state or local institution because of | 2839 |
| criminal behavior, mental illness or retardation, disease, | 2840 |
| disability, age, or other condition requiring custodial care. | 2841 |
| (4) "Public office" has the same meaning as in section | 2842 |
| 149.011 of the Revised Code. | 2843 |
| (C) All meetings of any public body are declared to be public | 2844 |
| meetings open to the public at all times. A member of a public | 2845 |
| body shall be present in person at a meeting open to the public to | 2846 |
| be considered present or to vote at the meeting and for purposes | 2847 |
| of determining whether a quorum is present at the meeting. | 2848 |
| The minutes of a regular or special meeting of any public | 2849 |
| body shall be promptly prepared, filed, and maintained and shall | 2850 |
| be open to public inspection. The minutes need only reflect the | 2851 |
| general subject matter of discussions in executive sessions | 2852 |
| authorized under division (G) or (J) of this section. | 2853 |
| (D) This section does not apply to any of the following: | 2854 |
| (1) A grand jury; | 2855 |
| (2) An audit conference conducted by the auditor of state or | 2856 |
| independent certified public accountants with officials of the | 2857 |
| public office that is the subject of the audit; | 2858 |
| (3) The adult parole authority when its hearings are | 2859 |
| conducted at a correctional institution for the sole purpose of | 2860 |
| interviewing inmates to determine parole or pardon; | 2861 |
| (4) The organized crime investigations commission established | 2862 |
| under section 177.01 of the Revised Code; | 2863 |
| (5) Meetings of a child fatality review board established | 2864 |
| under section 307.621 of the Revised Code and meetings conducted | 2865 |
| pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 2866 |
| (6) The state medical board when determining whether to | 2867 |
| suspend a certificate without a prior hearing pursuant to division | 2868 |
| (G) of either section 4730.25 or 4731.22 of the Revised Code; | 2869 |
| (7) The board of nursing when determining whether to suspend | 2870 |
| a license or certificate without a prior hearing pursuant to | 2871 |
| division (B) of section 4723.281 of the Revised Code; | 2872 |
| (8) The state board of pharmacy when determining whether to | 2873 |
| suspend a license without a prior hearing pursuant to division (D) | 2874 |
| of section 4729.16 of the Revised Code; | 2875 |
| (9) The state chiropractic board when determining whether to | 2876 |
| suspend a license without a hearing pursuant to section 4734.37 of | 2877 |
| the Revised Code; | 2878 |
| (10) The executive committee of the emergency response | 2879 |
| commission when determining whether to issue an enforcement order | 2880 |
| or request that a civil action, civil penalty action, or criminal | 2881 |
| action be brought to enforce Chapter 3750. of the Revised Code; | 2882 |
| (11) The board of directors of the nonprofit corporation | 2883 |
| formed under section 187.01 of the Revised Code or any committee | 2884 |
| thereof, and the board of directors of any subsidiary of that | 2885 |
| corporation or a committee thereof; | 2886 |
| (12) An audit conference conducted by the audit staff of the | 2887 |
| department of job and family services with officials of the public | 2888 |
| office that is the subject of that audit under section 5101.37 of | 2889 |
| the Revised Code. | 2890 |
| (E) The controlling board, the development financing advisory | 2891 |
|
council, the | 2892 |
| third frontier commission, the tax credit authority, or the | 2893 |
| minority development financing advisory board, when meeting to | 2894 |
| consider granting assistance pursuant to Chapter 122. or 166. of | 2895 |
| the Revised Code, in order to protect the interest of the | 2896 |
| applicant or the possible investment of public funds, by unanimous | 2897 |
| vote of all board, council, commission, or authority members | 2898 |
| present, may close the meeting during consideration of the | 2899 |
| following information confidentially received by the authority, | 2900 |
| council, commission, or board from the applicant: | 2901 |
| (1) Marketing plans; | 2902 |
| (2) Specific business strategy; | 2903 |
| (3) Production techniques and trade secrets; | 2904 |
| (4) Financial projections; | 2905 |
| (5) Personal financial statements of the applicant or members | 2906 |
| of the applicant's immediate family, including, but not limited | 2907 |
| to, tax records or other similar information not open to public | 2908 |
| inspection. | 2909 |
| The vote by the authority, council, commission, or board to | 2910 |
| accept or reject the application, as well as all proceedings of | 2911 |
| the authority, council, commission, or board not subject to this | 2912 |
| division, shall be open to the public and governed by this | 2913 |
| section. | 2914 |
| (F) Every public body, by rule, shall establish a reasonable | 2915 |
| method whereby any person may determine the time and place of all | 2916 |
| regularly scheduled meetings and the time, place, and purpose of | 2917 |
| all special meetings. A public body shall not hold a special | 2918 |
| meeting unless it gives at least twenty-four hours' advance notice | 2919 |
| to the news media that have requested notification, except in the | 2920 |
| event of an emergency requiring immediate official action. In the | 2921 |
| event of an emergency, the member or members calling the meeting | 2922 |
| shall notify the news media that have requested notification | 2923 |
| immediately of the time, place, and purpose of the meeting. | 2924 |
| The rule shall provide that any person, upon request and | 2925 |
| payment of a reasonable fee, may obtain reasonable advance | 2926 |
| notification of all meetings at which any specific type of public | 2927 |
| business is to be discussed. Provisions for advance notification | 2928 |
| may include, but are not limited to, mailing the agenda of | 2929 |
| meetings to all subscribers on a mailing list or mailing notices | 2930 |
| in self-addressed, stamped envelopes provided by the person. | 2931 |
| (G) Except as provided in division (J) of this section, the | 2932 |
| members of a public body may hold an executive session only after | 2933 |
| a majority of a quorum of the public body determines, by a roll | 2934 |
| call vote, to hold an executive session and only at a regular or | 2935 |
| special meeting for the sole purpose of the consideration of any | 2936 |
| of the following matters: | 2937 |
| (1) To consider the appointment, employment, dismissal, | 2938 |
| discipline, promotion, demotion, or compensation of a public | 2939 |
| employee or official, or the investigation of charges or | 2940 |
| complaints against a public employee, official, licensee, or | 2941 |
| regulated individual, unless the public employee, official, | 2942 |
| licensee, or regulated individual requests a public hearing. | 2943 |
| Except as otherwise provided by law, no public body shall hold an | 2944 |
| executive session for the discipline of an elected official for | 2945 |
| conduct related to the performance of the elected official's | 2946 |
| official duties or for the elected official's removal from office. | 2947 |
| If a public body holds an executive session pursuant to division | 2948 |
| (G)(1) of this section, the motion and vote to hold that executive | 2949 |
| session shall state which one or more of the approved purposes | 2950 |
| listed in division (G)(1) of this section are the purposes for | 2951 |
| which the executive session is to be held, but need not include | 2952 |
| the name of any person to be considered at the meeting. | 2953 |
| (2) To consider the purchase of property for public purposes, | 2954 |
| or for the sale of property at competitive bidding, if premature | 2955 |
| disclosure of information would give an unfair competitive or | 2956 |
| bargaining advantage to a person whose personal, private interest | 2957 |
| is adverse to the general public interest. No member of a public | 2958 |
| body shall use division (G)(2) of this section as a subterfuge for | 2959 |
| providing covert information to prospective buyers or sellers. A | 2960 |
| purchase or sale of public property is void if the seller or buyer | 2961 |
| of the public property has received covert information from a | 2962 |
| member of a public body that has not been disclosed to the general | 2963 |
| public in sufficient time for other prospective buyers and sellers | 2964 |
| to prepare and submit offers. | 2965 |
| If the minutes of the public body show that all meetings and | 2966 |
| deliberations of the public body have been conducted in compliance | 2967 |
| with this section, any instrument executed by the public body | 2968 |
| purporting to convey, lease, or otherwise dispose of any right, | 2969 |
| title, or interest in any public property shall be conclusively | 2970 |
| presumed to have been executed in compliance with this section | 2971 |
| insofar as title or other interest of any bona fide purchasers, | 2972 |
| lessees, or transferees of the property is concerned. | 2973 |
| (3) Conferences with an attorney for the public body | 2974 |
| concerning disputes involving the public body that are the subject | 2975 |
| of pending or imminent court action; | 2976 |
| (4) Preparing for, conducting, or reviewing negotiations or | 2977 |
| bargaining sessions with public employees concerning their | 2978 |
| compensation or other terms and conditions of their employment; | 2979 |
| (5) Matters required to be kept confidential by federal law | 2980 |
| or regulations or state statutes; | 2981 |
| (6) Details relative to the security arrangements and | 2982 |
| emergency response protocols for a public body or a public office, | 2983 |
| if disclosure of the matters discussed could reasonably be | 2984 |
| expected to jeopardize the security of the public body or public | 2985 |
| office; | 2986 |
| (7) In the case of a county hospital operated pursuant to | 2987 |
| Chapter 339. of the Revised Code, a joint township hospital | 2988 |
| operated pursuant to Chapter 513. of the Revised Code, or a | 2989 |
| municipal hospital operated pursuant to Chapter 749. of the | 2990 |
| Revised Code, to consider trade secrets, as defined in section | 2991 |
| 1333.61 of the Revised Code. | 2992 |
| If a public body holds an executive session to consider any | 2993 |
| of the matters listed in divisions (G)(2) to (7) of this section, | 2994 |
| the motion and vote to hold that executive session shall state | 2995 |
| which one or more of the approved matters listed in those | 2996 |
| divisions are to be considered at the executive session. | 2997 |
| A public body specified in division (B)(1)(c) of this section | 2998 |
| shall not hold an executive session when meeting for the purposes | 2999 |
| specified in that division. | 3000 |
| (H) A resolution, rule, or formal action of any kind is | 3001 |
| invalid unless adopted in an open meeting of the public body. A | 3002 |
| resolution, rule, or formal action adopted in an open meeting that | 3003 |
| results from deliberations in a meeting not open to the public is | 3004 |
| invalid unless the deliberations were for a purpose specifically | 3005 |
| authorized in division (G) or (J) of this section and conducted at | 3006 |
| an executive session held in compliance with this section. A | 3007 |
| resolution, rule, or formal action adopted in an open meeting is | 3008 |
| invalid if the public body that adopted the resolution, rule, or | 3009 |
| formal action violated division (F) of this section. | 3010 |
| (I)(1) Any person may bring an action to enforce this | 3011 |
| section. An action under division (I)(1) of this section shall be | 3012 |
| brought within two years after the date of the alleged violation | 3013 |
| or threatened violation. Upon proof of a violation or threatened | 3014 |
| violation of this section in an action brought by any person, the | 3015 |
| court of common pleas shall issue an injunction to compel the | 3016 |
| members of the public body to comply with its provisions. | 3017 |
| (2)(a) If the court of common pleas issues an injunction | 3018 |
| pursuant to division (I)(1) of this section, the court shall order | 3019 |
| the public body that it enjoins to pay a civil forfeiture of five | 3020 |
| hundred dollars to the party that sought the injunction and shall | 3021 |
| award to that party all court costs and, subject to reduction as | 3022 |
| described in division (I)(2) of this section, reasonable | 3023 |
| attorney's fees. The court, in its discretion, may reduce an award | 3024 |
| of attorney's fees to the party that sought the injunction or not | 3025 |
| award attorney's fees to that party if the court determines both | 3026 |
| of the following: | 3027 |
| (i) That, based on the ordinary application of statutory law | 3028 |
| and case law as it existed at the time of violation or threatened | 3029 |
| violation that was the basis of the injunction, a well-informed | 3030 |
| public body reasonably would believe that the public body was not | 3031 |
| violating or threatening to violate this section; | 3032 |
| (ii) That a well-informed public body reasonably would | 3033 |
| believe that the conduct or threatened conduct that was the basis | 3034 |
| of the injunction would serve the public policy that underlies the | 3035 |
| authority that is asserted as permitting that conduct or | 3036 |
| threatened conduct. | 3037 |
| (b) If the court of common pleas does not issue an injunction | 3038 |
| pursuant to division (I)(1) of this section and the court | 3039 |
| determines at that time that the bringing of the action was | 3040 |
| frivolous conduct, as defined in division (A) of section 2323.51 | 3041 |
| of the Revised Code, the court shall award to the public body all | 3042 |
| court costs and reasonable attorney's fees, as determined by the | 3043 |
| court. | 3044 |
| (3) Irreparable harm and prejudice to the party that sought | 3045 |
| the injunction shall be conclusively and irrebuttably presumed | 3046 |
| upon proof of a violation or threatened violation of this section. | 3047 |
| (4) A member of a public body who knowingly violates an | 3048 |
| injunction issued pursuant to division (I)(1) of this section may | 3049 |
| be removed from office by an action brought in the court of common | 3050 |
| pleas for that purpose by the prosecuting attorney or the attorney | 3051 |
| general. | 3052 |
| (J)(1) Pursuant to division (C) of section 5901.09 of the | 3053 |
| Revised Code, a veterans service commission shall hold an | 3054 |
| executive session for one or more of the following purposes unless | 3055 |
| an applicant requests a public hearing: | 3056 |
| (a) Interviewing an applicant for financial assistance under | 3057 |
| sections 5901.01 to 5901.15 of the Revised Code; | 3058 |
| (b) Discussing applications, statements, and other documents | 3059 |
| described in division (B) of section 5901.09 of the Revised Code; | 3060 |
| (c) Reviewing matters relating to an applicant's request for | 3061 |
| financial assistance under sections 5901.01 to 5901.15 of the | 3062 |
| Revised Code. | 3063 |
| (2) A veterans service commission shall not exclude an | 3064 |
| applicant for, recipient of, or former recipient of financial | 3065 |
| assistance under sections 5901.01 to 5901.15 of the Revised Code, | 3066 |
| and shall not exclude representatives selected by the applicant, | 3067 |
| recipient, or former recipient, from a meeting that the commission | 3068 |
| conducts as an executive session that pertains to the applicant's, | 3069 |
| recipient's, or former recipient's application for financial | 3070 |
| assistance. | 3071 |
| (3) A veterans service commission shall vote on the grant or | 3072 |
| denial of financial assistance under sections 5901.01 to 5901.15 | 3073 |
| of the Revised Code only in an open meeting of the commission. The | 3074 |
| minutes of the meeting shall indicate the name, address, and | 3075 |
| occupation of the applicant, whether the assistance was granted or | 3076 |
| denied, the amount of the assistance if assistance is granted, and | 3077 |
| the votes for and against the granting of assistance. | 3078 |
| Sec. 121.35. (A) Subject to division (B) of this section, | 3079 |
| the following state agencies shall collaborate to revise and make | 3080 |
| more uniform the eligibility standards and eligibility | 3081 |
| determination procedures of programs the state agencies | 3082 |
| administer: | 3083 |
| (1) The department of aging; | 3084 |
| (2) The department of alcohol and drug addiction services; | 3085 |
| (3) The department of development; | 3086 |
| (4) The department of developmental disabilities; | 3087 |
| (5) The department of education; | 3088 |
| (6) The department of health; | 3089 |
| (7) The department of job and family services; | 3090 |
| (8) The department of mental health; | 3091 |
| (9) The rehabilitation services commission. | 3092 |
| (B) In revising eligibility standards and eligibility | 3093 |
| determination procedures, a state agency shall not make any | 3094 |
| program's eligibility standards or eligibility determination | 3095 |
| procedures inconsistent with state or federal law. To the extent | 3096 |
| authorized by state and federal law, the revisions may provide for | 3097 |
| the state agencies to share administrative operations. | 3098 |
| Sec. 122.07. (A) The department of development may do | 3099 |
| any of the following: | 3100 |
| (1) Disseminate information concerning the industrial, | 3101 |
| commercial, governmental, educational, cultural, recreational, | 3102 |
| agricultural, and other advantages and attractions of the state; | 3103 |
| (2) Provide technical assistance to public and private | 3104 |
| agencies in the preparation of promotional programs designed to | 3105 |
| attract business, industry, and tourists to the state; | 3106 |
| (3) Enter into cooperative or contractual agreements, through | 3107 |
| the director of development, with any individual, organization, or | 3108 |
| business to create, administer, or otherwise be involved with Ohio | 3109 |
| tourism-related promotional programs. Compensation under such | 3110 |
| agreements shall be determined by the director and may include | 3111 |
| deferred compensation. This compensation is payable from the | 3112 |
| travel and tourism cooperative projects fund of the department. | 3113 |
| Any excess revenue generated under such a cooperative or | 3114 |
| contractual agreement shall be remitted to the fund to be | 3115 |
| reinvested in ongoing tourism marketing initiatives as authorized | 3116 |
| by law. | 3117 |
| (B) Records related to tourism market research submitted to | 3118 |
| or generated by the research office of the division of travel and | 3119 |
| tourism of the department of development, and any information | 3120 |
| taken for any purpose from such research, are not public records | 3121 |
| for the purposes of section 149.43 of the Revised Code. The | 3122 |
| department may use, however, such tourism market research in a | 3123 |
| public report if the director of the department determines that | 3124 |
| issuing and distributing the report would promote or market the | 3125 |
| state's travel and tourism industry or otherwise advance the | 3126 |
| purposes of this section. | 3127 |
| Sec. 122.15. As used in sections 122.15 to 122.154 of the | 3128 |
| Revised Code: | 3129 |
| (A) " | 3130 |
| 3131 | |
| 3132 | |
|
of | 3133 |
| (B) "Ohio entity" means any corporation, limited liability | 3134 |
| company, or unincorporated business organization, including a | 3135 |
| general or limited partnership, that has its principal place of | 3136 |
| business located in this state and has at least fifty per cent of | 3137 |
| its gross assets and fifty per cent of its employees located in | 3138 |
| this state. If a corporation, limited liability company, or | 3139 |
| unincorporated business organization is a member of an affiliated | 3140 |
| group, the gross assets and the number of employees of all of the | 3141 |
| members of that affiliated group, wherever those assets and | 3142 |
| employees are located, shall be included for the purpose of | 3143 |
| determining the percentage of the corporation's, company's, or | 3144 |
| organization's gross assets and employees that are located in this | 3145 |
| state. | 3146 |
| (C) "Qualified trade or business" means any trade or business | 3147 |
| that primarily involves research and development, technology | 3148 |
| transfer, bio-technology, information technology, or the | 3149 |
| application of new technology developed through research and | 3150 |
| development or acquired through technology transfer. "Qualified | 3151 |
| trade or business" does not include any of the following: | 3152 |
| (1) Any trade or business involving the performance of | 3153 |
| services in the field of law, engineering, architecture, | 3154 |
| accounting, actuarial science, performing arts, consulting, | 3155 |
| athletics, financial services, or brokerage services, or any trade | 3156 |
| or business where the principal asset of the trade or business is | 3157 |
| the reputation or skill of one or more of its employees; | 3158 |
| (2) Any banking, insurance, financing, leasing, rental, | 3159 |
| investing, or similar business; | 3160 |
| (3) Any farming business, including the business of raising | 3161 |
| or harvesting trees; | 3162 |
| (4) Any business involving the production or extraction of | 3163 |
| products of a character with respect to which a deduction is | 3164 |
| allowable under section 611, 613, or 613A of the "Internal Revenue | 3165 |
| Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 613A; | 3166 |
| (5) Any business of operating a hotel, motel, restaurant, or | 3167 |
| similar business; | 3168 |
| (6) Any trade or business involving a hospital, a private | 3169 |
| office of a licensed health care professional, a group practice of | 3170 |
| licensed health care professionals, or a nursing home. As used in | 3171 |
| division (C)(6) of this section: | 3172 |
| (a) "Nursing home" has the same meaning as in section 3721.50 | 3173 |
| of the Revised Code. | 3174 |
| (b) "Hospital" has the same meaning as in section 3727.01 of | 3175 |
| the Revised Code. | 3176 |
| (D) "Information technology" means the branch of technology | 3177 |
| devoted to the study and application of data and the processing | 3178 |
| thereof; the automatic acquisition, storage, manipulation or | 3179 |
| transformation, management, movement, control, display, switching, | 3180 |
| interchange, transmission or reception of data, and the | 3181 |
| development or use of hardware, software, firmware, and procedures | 3182 |
| associated with this processing. Information technology includes | 3183 |
| matters concerned with the furtherance of computer science and | 3184 |
| technology, design, development, installation and implementation | 3185 |
| of information systems and applications that in turn will be | 3186 |
| licensed or sold to a specific target market. Information | 3187 |
| technology does not include the creation of a distribution method | 3188 |
| for existing products and services. | 3189 |
| (E) "Insider" means an individual who owns, controls, or | 3190 |
| holds power to vote five per cent or more of the outstanding | 3191 |
| securities of a business. For purposes of determining whether an | 3192 |
| investor is an insider, the percentage of voting power in the Ohio | 3193 |
| entity held by a person related to the investor shall be added to | 3194 |
| the investor's percentage of voting power in the same Ohio entity, | 3195 |
| if the investor claimed the person related to the investor as a | 3196 |
| dependent or a spouse on the investor's federal income tax return | 3197 |
| for the previous tax year. | 3198 |
| (F) "Related to" means being the spouse, parent, child, or | 3199 |
| sibling of an individual. | 3200 |
| (G) "Research and development" means designing, creating, or | 3201 |
| formulating new or enhanced products, equipment, or processes, and | 3202 |
| conducting scientific or technological inquiry and experimentation | 3203 |
| in the physical sciences with the goal of increasing scientific | 3204 |
| knowledge that may reveal the bases for new or enhanced products, | 3205 |
| equipment, or processes. | 3206 |
| (H) "State tax liability" means any tax liability incurred | 3207 |
| under division (D) of section 5707.03, section 5727.24, 5727.38, | 3208 |
| or 5747.02, or Chapter 5733. of the Revised Code. | 3209 |
| (I) "Technology transfer" means the transfer of technology | 3210 |
| from one sector of the economy to another, including the transfer | 3211 |
| of military technology to civilian applications, civilian | 3212 |
| technology to military applications, or technology from public or | 3213 |
| private research laboratories to military or civilian | 3214 |
| applications. | 3215 |
| (J) "Affiliated group" means two or more persons related in | 3216 |
| such a way that one of the persons owns or controls the business | 3217 |
| operations of another of those persons. In the case of a | 3218 |
| corporation issuing capital stock, one corporation owns or | 3219 |
| controls the business operations of another corporation if it owns | 3220 |
| more than fifty per cent of the other corporation's capital stock | 3221 |
| with voting rights. In the case of a limited liability company, | 3222 |
| one person owns or controls the business operations of the company | 3223 |
| if that person's membership interest, as defined in section | 3224 |
| 1705.01 of the Revised Code, is greater than fifty per cent of | 3225 |
| combined membership interest of all persons owning such interests | 3226 |
| in the company. In the case of an unincorporated business | 3227 |
| organization, one person owns or controls the business operations | 3228 |
| of the organization if, under the articles of organization or | 3229 |
| other instrument governing the affairs of the organization, that | 3230 |
| person has a beneficial interest in the organization's profits, | 3231 |
| surpluses, losses, or other distributions greater than fifty per | 3232 |
| cent of the combined beneficial interests of all persons having | 3233 |
| such an interest in the organization. | 3234 |
| (K) "Money" means United States currency, or a check, draft, | 3235 |
| or cashier's check for United States currency, payable on demand | 3236 |
| and drawn on a bank. | 3237 |
| (L) "EDGE business enterprise" means an Ohio entity certified | 3238 |
| by the director of administrative services as a participant in the | 3239 |
| encouraging diversity, growth, and equity program established by | 3240 |
| the governor's executive order 2002-17T. | 3241 |
| (M) "Distressed area" has the same meaning as in section | 3242 |
| 122.23 of the Revised Code. | 3243 |
| Sec. 122.151. (A) An investor who proposes to make an | 3244 |
|
investment of money in an Ohio entity may apply to | 3245 |
| 3246 | |
| 3247 | |
| and any information that the investor must submit with the | 3248 |
| application. The investor shall include with the application a fee | 3249 |
|
of two hundred dollars. The | 3250 |
| weeks after receiving the application, shall review it, determine | 3251 |
| whether the investor should be recommended for the tax credit, and | 3252 |
|
send written notice of | 3253 |
|
the | 3254 |
| frontier commission established under section 184.01 of the | 3255 |
|
Revised Code and to the investor. If the | 3256 |
| determines the investor should not be recommended for the tax | 3257 |
|
credit, | 3258 |
| for the determination. Subject to divisions (C) and (D) of this | 3259 |
| section, an investor is eligible for a tax credit if all of the | 3260 |
| following requirements are met: | 3261 |
| (1) The investor's investment of money is in an Ohio entity | 3262 |
| engaged in a qualified trade or business. | 3263 |
| (2) The Ohio entity had less than two million five hundred | 3264 |
| thousand dollars of gross revenue during its most recently | 3265 |
| completed fiscal year or had a net book value of less than two | 3266 |
| million five hundred thousand dollars at the end of that fiscal | 3267 |
| year. | 3268 |
| (3) The investment takes the form of the purchase of common | 3269 |
| or preferred stock, a membership interest, a partnership interest, | 3270 |
| or any other ownership interest. | 3271 |
| (4) The amount of the investment for which the credit is | 3272 |
| being claimed does not exceed three hundred thousand dollars in | 3273 |
| the case of an investment in an EDGE business enterprise or in an | 3274 |
| Ohio entity located in a distressed area, or two hundred fifty | 3275 |
| thousand dollars in the case of an investment in any other Ohio | 3276 |
| entity. | 3277 |
| (5) The money invested is entirely at risk of loss, where | 3278 |
| repayment depends upon the success of the business operations of | 3279 |
| the Ohio entity. | 3280 |
| (6) No repayment of principal invested will be made for at | 3281 |
| least three years from the date the investment is made. | 3282 |
| (7) The annual combined amount of any dividend and interest | 3283 |
| payments to be made to the investor will not exceed ten per cent | 3284 |
| of the amount of the investment for at least three years from the | 3285 |
| date the investment is made. | 3286 |
| (8) The investor is not an employee with proprietary | 3287 |
| decision-making authority of the Ohio entity in which the | 3288 |
| investment of money is proposed, or related to such an individual. | 3289 |
| The Ohio entity is not an individual related to the investor. For | 3290 |
|
purposes of this division, the | 3291 |
| 3292 | |
| with proprietary decision-making authority." | 3293 |
| (9) The investor is not an insider. | 3294 |
| For the purposes of determining the net book value of an Ohio | 3295 |
| entity under division (A)(1) or (2) of this section, if the entity | 3296 |
| is a member of an affiliated group, the combined net book values | 3297 |
| of all of the members of that affiliated group shall be used. | 3298 |
| Nothing in division (A)(6) or (7) of this section limits or | 3299 |
| disallows the distribution to an investor in a pass-through entity | 3300 |
| of a portion of the entity's profits equal to the investor's | 3301 |
| federal, state, and local income tax obligations attributable to | 3302 |
| the investor's allocable share of the entity's profits. Nothing in | 3303 |
| division (A)(6) or (7) of this section limits or disallows the | 3304 |
| sale by an investor of part or all of the investor's interests in | 3305 |
| an Ohio entity by way of a public offering of shares in the Ohio | 3306 |
| entity. | 3307 |
| (B) A group of two but not more than twenty investors, each | 3308 |
| of whom proposes to make an investment of money in the same Ohio | 3309 |
| entity, may submit an application for tax credits under division | 3310 |
| (A) of this section. The group shall include with the application | 3311 |
| a fee of eight hundred dollars. The application shall identify | 3312 |
| each investor in the group and the amount of money each investor | 3313 |
| proposes to invest in the Ohio entity, and shall name a contact | 3314 |
|
person for the group. The | 3315 |
| four weeks after receiving the application, shall review it, | 3316 |
| determine whether each investor of the group should be recommended | 3317 |
| for a tax credit under the conditions set forth in division (A) of | 3318 |
|
this section, and send written notice of | 3319 |
|
determination to the
| 3320 |
| 3321 | |
| director shall not recommend that a group of investors receive a | 3322 |
| tax credit unless each investor is eligible under those | 3323 |
|
conditions. The | 3324 |
| investor who is not eligible under the conditions and recommend | 3325 |
| that the remaining group of investors receive the tax credit. If | 3326 |
|
the | 3327 |
|
for the tax credit, | 3328 |
| the reasons for the determination. | 3329 |
| (C) | 3330 |
| 3331 | |
|
Within four weeks after the | 3332 |
|
of recommendation from | 3333 |
| 3334 | |
| final determination of whether the investor or group is eligible | 3335 |
| for a tax credit under the conditions set forth in division (A) of | 3336 |
|
this section. The
| 3337 |
| or group to submit additional information to support the | 3338 |
|
application.
| 3339 |
| 3340 | |
| 3341 | |
| 3342 | |
| disapproval of the tax credit to the investor or group contact | 3343 |
|
person | 3344 |
|
the | 3345 |
| include in the notice the reasons for the disapproval. | 3346 |
| (D)(1) The | 3347 |
| 3348 | |
| million five hundred thousand dollars of investments in any one | 3349 |
| Ohio entity. However, if a proposed investment of money in an Ohio | 3350 |
| entity has been approved but the investor does not actually make | 3351 |
|
the investment, the | 3352 |
| of that investment to another investor, as long as the total | 3353 |
| amount invested in the entity under this section does not exceed | 3354 |
| one million five hundred thousand dollars. | 3355 |
| If the one-million-five-hundred-thousand-dollar limit for an | 3356 |
| Ohio entity has not yet been reached and an application proposes | 3357 |
| an investment of money that would exceed the limit for that | 3358 |
|
entity, the | 3359 |
| investor, or for a group, the contact person, that the investment | 3360 |
| cannot be approved as requested. Upon receipt of the notice, the | 3361 |
| investor or group may amend the application to propose an | 3362 |
| investment of money that does not exceed the limit. | 3363 |
| (2) Not more than | 3364 |
| credits shall be issued under sections 122.15 to 122.154 of the | 3365 |
| Revised Code. | 3366 |
| (E) If an investor makes an approved investment of less than | 3367 |
| two hundred fifty thousand dollars in any Ohio entity other than | 3368 |
| an EDGE business enterprise or in an Ohio entity located in a | 3369 |
| distressed area, the investor may apply for approval of another | 3370 |
| investment of money in that entity, as long as the total amount | 3371 |
| invested in that entity by the investor under this section does | 3372 |
| not exceed two hundred fifty thousand dollars. If an investor | 3373 |
| makes an approved investment of less than three hundred thousand | 3374 |
| dollars in an EDGE business enterprise or in an Ohio entity | 3375 |
| located in a distressed area, the investor may apply for approval | 3376 |
| of another investment of money in that entity, as long as the | 3377 |
| total amount invested in that entity by the investor under this | 3378 |
| section does not exceed three hundred thousand dollars. An | 3379 |
| investor who receives approval of an investment of money as part | 3380 |
| of a group may subsequently apply on an individual basis for | 3381 |
| approval of an additional investment of money in the Ohio entity. | 3382 |
| (F) The | 3383 |
| 3384 | |
| applications under this section in the order in which they are | 3385 |
|
received by the
| 3386 |
| (G) The director | 3387 |
| 3388 | |
| 3389 | |
| 3390 | |
| 3391 | |
| 3392 | |
| 3393 | |
| 3394 | |
| 3395 | |
| 3396 | |
| 3397 | |
| 3398 | |
| 3399 | |
| 3400 | |
| 3401 | |
| 3402 | |
| 3403 |
| | 3404 |
|
111.15 of the Revised Code and with the advice of the | 3405 |
| 3406 | |
| amend, and rescind rules necessary to implement sections 122.15 to | 3407 |
| 122.154 of the Revised Code. | 3408 |
| (H) | 3409 |
| received under this section only for the costs of administering | 3410 |
| sections 122.15 to 122.154 of the Revised Code. | 3411 |
| Sec. 122.152. (A) After receiving notice of approval for an | 3412 |
|
investment of money from the | 3413 |
| 3414 | |
| 122.151 of the Revised Code, an investor, within a period of time | 3415 |
|
determined by the | 3416 |
|
and apply to the
| 3417 |
|
If the | 3418 |
| the investment in the proper form, it shall issue to the investor | 3419 |
| a tax credit certificate signed by the chairperson of the | 3420 |
| 3421 | |
| that the investor is allowed a tax credit equal to one of the | 3422 |
| following amounts: | 3423 |
| (1) Thirty per cent of the investment if the investment was | 3424 |
| made in an EDGE business enterprise or in an Ohio entity located | 3425 |
| in a distressed area; | 3426 |
| (2) Twenty-five per cent of the investment if the investment | 3427 |
| was made in an Ohio entity other than an EDGE business enterprise. | 3428 |
| An investor who receives approval of a proposed investment of | 3429 |
| money through a group application, after making the investment, | 3430 |
| shall apply for a tax credit certificate on an individual basis. | 3431 |
| (B) An investor who is issued a tax credit certificate under | 3432 |
| this section may claim a nonrefundable credit equal to the amount | 3433 |
| indicated on the certificate against any state tax liability. The | 3434 |
| investor shall claim the credit for the taxable year in which the | 3435 |
| certificate is issued. | 3436 |
| (1) If the credit to which a taxpayer otherwise would be | 3437 |
| entitled under this section for any taxable year is greater than | 3438 |
| the tax otherwise due under division (D) of section 5707.03 or | 3439 |
| section 5727.24 or 5727.38 of the Revised Code, the excess shall | 3440 |
| be allowed as a credit in each of the ensuing fifteen taxable | 3441 |
| years, but the amount of any excess credit allowed in an ensuing | 3442 |
| taxable year shall be deducted from the balance carried forward to | 3443 |
| the next taxable year. | 3444 |
| (2) If the credit to which a taxpayer otherwise would be | 3445 |
| entitled under this section for any taxable year is greater than | 3446 |
| the tax otherwise due under section 5747.02 or Chapter 5733. of | 3447 |
| the Revised Code, after allowing for any other credits that | 3448 |
| precede the credit allowed under this section in the order | 3449 |
| required under section 5733.98 or 5747.98 of the Revised Code, the | 3450 |
| excess shall be allowed as a credit in each of the ensuing fifteen | 3451 |
| taxable years, but the amount of any excess credit allowed in an | 3452 |
| ensuing taxable year shall be deducted from the balance carried | 3453 |
| forward to the next taxable year. | 3454 |
| (C) Any portion of a credit allowed under this section that | 3455 |
| is utilized by an investor to reduce the investor's state tax | 3456 |
| liability shall not be utilized by any other person. | 3457 |
| (D) To claim a tax credit allowed under this section, an | 3458 |
| investor shall attach to the appropriate return a copy of the | 3459 |
| certificate issued to the investor under this section. | 3460 |
| (E) Nothing in this section shall limit or disallow | 3461 |
| pass-through treatment of a pass-through entity's income, | 3462 |
| deductions, or credits, or other amounts necessary to compute a | 3463 |
| state tax liability. | 3464 |
| (F) A tax credit certificate issued to an investor under this | 3465 |
| section may not be transferred by that investor to any other | 3466 |
| person. | 3467 |
| (G)(1) The director | 3468 |
|
the tax credit certificate and the | 3469 |
| 3470 | |
| form when issuing a tax credit certificate under this section. | 3471 |
| (2) The director | 3472 |
| commissioner any information requested by the commissioner | 3473 |
| concerning tax credit certificates issued under this section. | 3474 |
| (H) An investment made by an investor or group of investors | 3475 |
| who enter into a contractual agreement with an Ohio entity to | 3476 |
| invest money in the Ohio entity is an acceptable investment if all | 3477 |
| of the following conditions are met: | 3478 |
| (1) The investment is made pursuant to a subscription | 3479 |
| agreement providing that the investor or group of investors is | 3480 |
| entitled to receive a refund of funds if the investment is not | 3481 |
|
approved by the | 3482 |
| 3483 |
| (2) The investment is placed in escrow until the investment | 3484 |
|
is approved by the | 3485 |
| 3486 |
| (3) The investor or group of investors shows proof of the | 3487 |
| withdrawal of the funds by the Ohio entity after the investment is | 3488 |
|
approved by the | 3489 |
| 3490 |
| Sec. 122.153. If the | 3491 |
| 3492 | |
| information alleging that an investor that was issued a tax credit | 3493 |
|
certificate presented false information to | 3494 |
|
director or the
| 3495 |
| the certificate, it shall send written notice to the investor that | 3496 |
| if the allegation is found to be true the investor may be | 3497 |
| penalized as provided in this section. After giving the investor | 3498 |
|
an opportunity to be heard on the allegation, the | 3499 |
| commission shall determine if the investor presented false | 3500 |
| information in connection with obtaining a tax credit certificate. | 3501 |
| If the | 3502 |
| false information, it may revoke any remaining tax credit | 3503 |
|
available to the investor. The | 3504 |
| written notice of the revocation to the investor and the tax | 3505 |
| commissioner. The tax commissioner may make an assessment against | 3506 |
| the investor to recapture any amount of tax credit that the | 3507 |
| investor already has claimed. The time limitations on assessments | 3508 |
| under the laws of the particular tax against which the investor | 3509 |
| claimed the credit do not apply to an assessment under this | 3510 |
| section. | 3511 |
| Sec. 122.154. (A) A business may apply to
| 3512 |
| the director for a determination as to whether the business is an | 3513 |
| Ohio entity eligible to receive investments of money under section | 3514 |
| 122.151 of the Revised Code that qualify the investor for a tax | 3515 |
| credit under section 122.152 of the Revised Code. The business | 3516 |
| shall include with the application a fee of one hundred fifty | 3517 |
|
dollars and a business plan. The | 3518 |
| prescribe any other information the business must submit with the | 3519 |
|
application and the form of the application. The | 3520 |
|
within | 3521 |
| review it, determine whether the business is an Ohio entity | 3522 |
| eligible to receive investments of money that qualify for the tax | 3523 |
|
credit, and send written notice to the | 3524 |
| 3525 | |
|
business of | 3526 |
| 3527 | |
| entity eligible to receive investments of money that qualify for | 3528 |
|
the tax credit, | 3529 |
| reasons for the determination. | 3530 |
| Within four weeks after the | 3531 |
|
notice of recommendation from | 3532 |
| 3533 | |
| 3534 | |
| shall review the recommendation and issue a final determination of | 3535 |
| whether the business is an Ohio entity eligible to receive | 3536 |
| investments of money under section 122.151 of the Revised Code | 3537 |
| that qualify an investor for a tax credit under section 122.152 of | 3538 |
|
the Revised Code. The | 3539 |
| business to submit additional information to support the | 3540 |
|
application. | 3541 |
| 3542 | |
|
final determination, the | 3543 |
|
notice of approval or disapproval to the business | 3544 |
|
director | 3545 |
| commission determines that the business is not an Ohio entity | 3546 |
| eligible to receive investments of money that qualify for the tax | 3547 |
| credit, it shall include in the notice the reasons for the | 3548 |
| determination. | 3549 |
| (B) The department of development shall maintain a list of | 3550 |
| the businesses that have been determined to be Ohio entities | 3551 |
| eligible to receive investments of money that qualify for the tax | 3552 |
| credit. The department shall furnish copies of the list to the | 3553 |
| public upon request. | 3554 |
| (C) The department | 3555 |
| under which businesses periodically must submit information to | 3556 |
|
enable the
| 3557 |
| At the times required in the schedule, each business on the list | 3558 |
|
shall submit any information the | 3559 |
| determine if the business continues to be an Ohio entity eligible | 3560 |
| to receive investments of money that qualify for the tax credit. | 3561 |
| (D) | 3562 |
| under this section only for the costs of administering sections | 3563 |
| 122.15 to 122.154 of the Revised Code. | 3564 |
| (E) The | 3565 |
| 3566 | |
| not assume any responsibility for the accuracy or truthfulness of | 3567 |
| information furnished by an Ohio entity or its agents. | 3568 |
| An investor in an Ohio entity is solely responsible for due | 3569 |
|
diligence in verifying information submitted by an Ohio entity. | 3570 |
| 3571 | |
| resulting from its provision of such information to investors in | 3572 |
| accordance with sections 122.15 to 122.154 of the Revised Code. | 3573 |
| Sec. 122.17. (A) As used in this section: | 3574 |
| (1) "Income tax revenue" means the total amount withheld | 3575 |
| under section 5747.06 of the Revised Code by the taxpayer during | 3576 |
| the taxable year, or during the calendar year that includes the | 3577 |
| tax period, from the compensation of each employee employed in the | 3578 |
| project to the extent the employee's withholdings are not used to | 3579 |
| determine the credit under section 122.171 of the Revised Code. | 3580 |
| "Income tax revenue" excludes amounts withheld before the day the | 3581 |
| taxpayer becomes eligible for the credit. | 3582 |
| (2) "Baseline income tax revenue" means income tax revenue | 3583 |
| except that the applicable withholding period is the twelve months | 3584 |
| immediately preceding the date the tax credit authority approves | 3585 |
| the taxpayer's application multiplied by the sum of one plus an | 3586 |
| annual pay increase factor to be determined by the tax credit | 3587 |
| authority. If the taxpayer becomes eligible for the credit after | 3588 |
| the first day of the taxpayer's taxable year or after the first | 3589 |
| day of the calendar year that includes the tax period, the | 3590 |
| taxpayer's baseline income tax revenue for the first such taxable | 3591 |
| or calendar year of credit eligibility shall be reduced in | 3592 |
| proportion to the number of days during the taxable or calendar | 3593 |
| year for which the taxpayer was not eligible for the credit. For | 3594 |
| subsequent taxable or calendar years, "baseline income tax | 3595 |
| revenue" equals the unreduced baseline income tax revenue for the | 3596 |
| preceding taxable or calendar year multiplied by the sum of one | 3597 |
| plus the pay increase factor. | 3598 |
| (3) "Excess income tax revenue" means income tax revenue | 3599 |
| minus baseline income tax revenue. | 3600 |
| (B) The tax credit authority may make grants under this | 3601 |
| section to foster job creation in this state. Such a grant shall | 3602 |
| take the form of a refundable credit allowed against the tax | 3603 |
| imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02 | 3604 |
| or levied under Chapter 5751. of the Revised Code. The credit | 3605 |
| shall be claimed for the taxable years or tax periods specified in | 3606 |
| the taxpayer's agreement with the tax credit authority under | 3607 |
| division (D) of this section. With respect to taxes imposed under | 3608 |
| section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the | 3609 |
| Revised Code, the credit shall be claimed in the order required | 3610 |
| under section 5726.98, 5733.98, 5747.98, or 5751.98 of the | 3611 |
| Revised Code. The amount of the credit available for a taxable | 3612 |
| year or for a calendar year that includes a tax period equals the | 3613 |
| excess income tax revenue for that year multiplied by the | 3614 |
| percentage specified in the agreement with the tax credit | 3615 |
| authority. Any credit granted under this section against the tax | 3616 |
| imposed by section 5733.06 or 5747.02 of the Revised Code, to the | 3617 |
| extent not fully utilized against such tax for taxable years | 3618 |
| ending prior to 2008, shall automatically be converted without any | 3619 |
| action taken by the tax credit authority to a credit against the | 3620 |
| tax levied under Chapter 5751. of the Revised Code for tax periods | 3621 |
| beginning on or after July 1, 2008, provided that the person to | 3622 |
| whom the credit was granted is subject to such tax. The converted | 3623 |
| credit shall apply to those calendar years in which the remaining | 3624 |
| taxable years specified in the agreement end. | 3625 |
| (C) A taxpayer or potential taxpayer who proposes a project | 3626 |
| to create new jobs in this state may apply to the tax credit | 3627 |
| authority to enter into an agreement for a tax credit under this | 3628 |
| section. The director of development services shall prescribe the | 3629 |
| form of the application. After receipt of an application, the | 3630 |
| authority may enter into an agreement with the taxpayer for a | 3631 |
| credit under this section if it determines all of the following: | 3632 |
| (1) The taxpayer's project will increase payroll and income | 3633 |
| tax revenue; | 3634 |
| (2) The taxpayer's project is economically sound and will | 3635 |
| benefit the people of this state by increasing opportunities for | 3636 |
| employment and strengthening the economy of this state; | 3637 |
| (3) Receiving the tax credit is a major factor in the | 3638 |
| taxpayer's decision to go forward with the project. | 3639 |
| (D) An agreement under this section shall include all of the | 3640 |
| following: | 3641 |
| (1) A detailed description of the project that is the subject | 3642 |
| of the agreement; | 3643 |
| (2) The term of the tax credit, which shall not exceed | 3644 |
| fifteen years, and the first taxable year, or first calendar year | 3645 |
| that includes a tax period, for which the credit may be claimed; | 3646 |
| (3) A requirement that the taxpayer shall maintain operations | 3647 |
| at the project location for at least the greater of seven years or | 3648 |
| the term of the credit plus three years; | 3649 |
| (4) The percentage, as determined by the tax credit | 3650 |
| authority, of excess income tax revenue that will be allowed as | 3651 |
| the amount of the credit for each taxable year or for each | 3652 |
| calendar year that includes a tax period; | 3653 |
| (5) The pay increase factor to be applied to the taxpayer's | 3654 |
| baseline income tax revenue; | 3655 |
| (6) A requirement that the taxpayer annually shall report to | 3656 |
| the director of development services employment, tax withholding, | 3657 |
| investment, and other information the director needs to perform | 3658 |
| the director's duties under this section; | 3659 |
| (7) A requirement that the director of development services | 3660 |
| annually review the information reported under division (D)(6) of | 3661 |
| this section and verify compliance with the agreement; if the | 3662 |
| taxpayer is in compliance, a requirement that the director issue a | 3663 |
| certificate to the taxpayer stating that the information has been | 3664 |
| verified and identifying the amount of the credit that may be | 3665 |
| claimed for the taxable or calendar year; | 3666 |
| (8) A provision providing that the taxpayer may not relocate | 3667 |
| a substantial number of employment positions from elsewhere in | 3668 |
| this state to the project location unless the director of | 3669 |
| development services determines that the legislative authority of | 3670 |
| the county, township, or municipal corporation from which the | 3671 |
| employment positions would be relocated has been notified by the | 3672 |
| taxpayer of the relocation. | 3673 |
| For purposes of this section, the movement of an employment | 3674 |
| position from one political subdivision to another political | 3675 |
| subdivision shall be considered a relocation of an employment | 3676 |
| position unless the employment position in the first political | 3677 |
| subdivision is replaced. | 3678 |
| (E) If a taxpayer fails to meet or comply with any condition | 3679 |
| or requirement set forth in a tax credit agreement, the tax credit | 3680 |
| authority may amend the agreement to reduce the percentage or term | 3681 |
| of the tax credit. The reduction of the percentage or term may | 3682 |
| take effect in the current taxable or calendar year. | 3683 |
| (F) Projects that consist solely of point-of-final-purchase | 3684 |
| retail facilities are not eligible for a tax credit under this | 3685 |
| section. If a project consists of both point-of-final-purchase | 3686 |
| retail facilities and nonretail facilities, only the portion of | 3687 |
| the project consisting of the nonretail facilities is eligible for | 3688 |
| a tax credit and only the excess income tax revenue from the | 3689 |
| nonretail facilities shall be considered when computing the amount | 3690 |
| of the tax credit. If a warehouse facility is part of a | 3691 |
| point-of-final-purchase retail facility and supplies only that | 3692 |
| facility, the warehouse facility is not eligible for a tax credit. | 3693 |
| Catalog distribution centers are not considered | 3694 |
| point-of-final-purchase retail facilities for the purposes of this | 3695 |
| division, and are eligible for tax credits under this section. | 3696 |
| (G) Financial statements and other information submitted to | 3697 |
| the department of development services or the tax credit authority | 3698 |
| by an applicant or recipient of a tax credit under this section, | 3699 |
| and any information taken for any purpose from such statements or | 3700 |
| information, are not public records subject to section 149.43 of | 3701 |
| the Revised Code. However, the chairperson of the authority may | 3702 |
| make use of the statements and other information for purposes of | 3703 |
| issuing public reports or in connection with court proceedings | 3704 |
| concerning tax credit agreements under this section. Upon the | 3705 |
| request of the tax commissioner or, if the applicant or recipient | 3706 |
| is an insurance company, upon the request of the superintendent of | 3707 |
| insurance, the chairperson of the authority shall provide to the | 3708 |
| commissioner or superintendent any statement or information | 3709 |
| submitted by an applicant or recipient of a tax credit in | 3710 |
| connection with the credit. The commissioner or superintendent | 3711 |
| shall preserve the confidentiality of the statement or | 3712 |
| information. | 3713 |
| (H) A taxpayer claiming a credit under this section shall | 3714 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 3715 |
| company, to the superintendent of insurance, a copy of the | 3716 |
|
director of
| 3717 |
| verification under division (D)(7) of this section with the | 3718 |
| taxpayer's tax report or return for the taxable year or for the | 3719 |
| calendar year that includes the tax period. Failure to submit a | 3720 |
| copy of the certificate with the report or return does not | 3721 |
| invalidate a claim for a credit if the taxpayer submits a copy of | 3722 |
| the certificate to the commissioner or superintendent within sixty | 3723 |
| days after the commissioner or superintendent requests it. | 3724 |
| (I) The director of development services, after consultation | 3725 |
| with the tax commissioner and the superintendent of insurance and | 3726 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 3727 |
| rules necessary to implement this section. The rules may provide | 3728 |
| for recipients of tax credits under this section to be charged | 3729 |
| fees to cover administrative costs of the tax credit program. The | 3730 |
| fees collected shall be credited to the tax incentive programs | 3731 |
| operating fund created in section 122.174 of the Revised Code. At | 3732 |
| the time the director gives public notice under division (A) of | 3733 |
| section 119.03 of the Revised Code of the adoption of the rules, | 3734 |
| the director shall submit copies of the proposed rules to the | 3735 |
| chairpersons of the standing committees on economic development in | 3736 |
| the senate and the house of representatives. | 3737 |
| (J) For the purposes of this section, a taxpayer may include | 3738 |
| a partnership, a corporation that has made an election under | 3739 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 3740 |
| Code, or any other business entity through which income flows as a | 3741 |
| distributive share to its owners. A partnership, S-corporation, or | 3742 |
| other such business entity may elect to pass the credit received | 3743 |
| under this section through to the persons to whom the income or | 3744 |
| profit of the partnership, S-corporation, or other entity is | 3745 |
| distributed. The election shall be made on the annual report | 3746 |
| required under division (D)(6) of this section. The election | 3747 |
| applies to and is irrevocable for the credit for which the report | 3748 |
| is submitted. If the election is made, the credit shall be | 3749 |
| apportioned among those persons in the same proportions as those | 3750 |
| in which the income or profit is distributed. | 3751 |
| (K) If the director of development services determines that a | 3752 |
| taxpayer who has received a credit under this section is not | 3753 |
| complying with the requirement under division (D)(3) of this | 3754 |
| section, the director shall notify the tax credit authority of the | 3755 |
| noncompliance. After receiving such a notice, and after giving the | 3756 |
| taxpayer an opportunity to explain the noncompliance, the tax | 3757 |
| credit authority may require the taxpayer to refund to this state | 3758 |
| a portion of the credit in accordance with the following: | 3759 |
| (1) If the taxpayer maintained operations at the project | 3760 |
| location for a period less than or equal to the term of the | 3761 |
| credit, an amount not exceeding one hundred per cent of the sum of | 3762 |
| any credits allowed and received under this section; | 3763 |
| (2) If the taxpayer maintained operations at the project | 3764 |
| location for a period longer than the term of the credit, but less | 3765 |
| than the greater of seven years or the term of the credit plus | 3766 |
| three years, an amount not exceeding seventy-five per cent of the | 3767 |
| sum of any credits allowed and received under this section. | 3768 |
| In determining the portion of the tax credit to be refunded | 3769 |
| to this state, the tax credit authority shall consider the effect | 3770 |
| of market conditions on the taxpayer's project and whether the | 3771 |
| taxpayer continues to maintain other operations in this state. | 3772 |
| After making the determination, the authority shall certify the | 3773 |
| amount to be refunded to the tax commissioner or superintendent of | 3774 |
| insurance, as appropriate. If the amount is certified to the | 3775 |
| commissioner, the commissioner shall make an assessment for that | 3776 |
| amount against the taxpayer under Chapter 5726., 5733., 5747., or | 3777 |
| 5751. of the Revised Code. If the amount is certified to the | 3778 |
| superintendent, the superintendent shall make an assessment for | 3779 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 3780 |
| the Revised Code. The time limitations on assessments under those | 3781 |
| chapters do not apply to an assessment under this division, but | 3782 |
| the commissioner or superintendent, as appropriate, shall make the | 3783 |
| assessment within one year after the date the authority certifies | 3784 |
| to the commissioner or superintendent the amount to be refunded. | 3785 |
| (L) On or before the first day of August each year, the | 3786 |
| director of development services shall submit a report to the | 3787 |
| governor, the president of the senate, and the speaker of the | 3788 |
| house of representatives on the tax credit program under this | 3789 |
| section. The report shall include information on the number of | 3790 |
| agreements that were entered into under this section during the | 3791 |
| preceding calendar year, a description of the project that is the | 3792 |
| subject of each such agreement, and an update on the status of | 3793 |
| projects under agreements entered into before the preceding | 3794 |
| calendar year. | 3795 |
| (M) There is hereby created the tax credit authority, which | 3796 |
| consists of the director of development services and four other | 3797 |
| members appointed as follows: the governor, the president of the | 3798 |
| senate, and the speaker of the house of representatives each shall | 3799 |
| appoint one member who shall be a specialist in economic | 3800 |
| development; the governor also shall appoint a member who is a | 3801 |
| specialist in taxation. Of the initial appointees, the members | 3802 |
| appointed by the governor shall serve a term of two years; the | 3803 |
| members appointed by the president of the senate and the speaker | 3804 |
| of the house of representatives shall serve a term of four years. | 3805 |
| Thereafter, terms of office shall be for four years. Initial | 3806 |
| appointments to the authority shall be made within thirty days | 3807 |
| after January 13, 1993. Each member shall serve on the authority | 3808 |
| until the end of the term for which the member was appointed. | 3809 |
| Vacancies shall be filled in the same manner provided for original | 3810 |
| appointments. Any member appointed to fill a vacancy occurring | 3811 |
| prior to the expiration of the term for which the member's | 3812 |
| predecessor was appointed shall hold office for the remainder of | 3813 |
| that term. Members may be reappointed to the authority. Members of | 3814 |
| the authority shall receive their necessary and actual expenses | 3815 |
| while engaged in the business of the authority. The director of | 3816 |
| development services shall serve as chairperson of the authority, | 3817 |
| and the members annually shall elect a vice-chairperson from among | 3818 |
| themselves. Three members of the authority constitute a quorum to | 3819 |
| transact and vote on the business of the authority. The majority | 3820 |
| vote of the membership of the authority is necessary to approve | 3821 |
| any such business, including the election of the vice-chairperson. | 3822 |
| The director of development services may appoint a | 3823 |
| professional employee of the department of development services to | 3824 |
| serve as the director's substitute at a meeting of the authority. | 3825 |
| The director shall make the appointment in writing. In the absence | 3826 |
| of the director from a meeting of the authority, the appointed | 3827 |
| substitute shall serve as chairperson. In the absence of both the | 3828 |
| director and the director's substitute from a meeting, the | 3829 |
| vice-chairperson shall serve as chairperson. | 3830 |
| (N) For purposes of the credits granted by this section | 3831 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 3832 |
| the Revised Code, "taxable year" means the period covered by the | 3833 |
| taxpayer's annual statement to the superintendent of insurance. | 3834 |
| Sec. 122.171. (A) As used in this section: | 3835 |
| (1) "Capital investment project" means a plan of investment | 3836 |
| at a project site for the acquisition, construction, renovation, | 3837 |
| or repair of buildings, machinery, or equipment, or for | 3838 |
| capitalized costs of basic research and new product development | 3839 |
| determined in accordance with generally accepted accounting | 3840 |
| principles, but does not include any of the following: | 3841 |
| (a) Payments made for the acquisition of personal property | 3842 |
| through operating leases; | 3843 |
| (b) Project costs paid before January 1, 2002; | 3844 |
| (c) Payments made to a related member as defined in section | 3845 |
| 5733.042 of the Revised Code or to a consolidated elected taxpayer | 3846 |
| or a combined taxpayer as defined in section 5751.01 of the | 3847 |
| Revised Code. | 3848 |
| (2) "Eligible business" means a taxpayer and its related | 3849 |
| members with Ohio operations satisfying all of the following: | 3850 |
| (a) The taxpayer employs at least five hundred full-time | 3851 |
| equivalent employees or has an annual payroll of at least | 3852 |
| thirty-five million dollars at the time the tax credit authority | 3853 |
| grants the tax credit under this section; | 3854 |
| (b) The taxpayer makes or causes to be made payments for the | 3855 |
| capital investment project of one of the following: | 3856 |
| (i) If the taxpayer is engaged at the project site primarily | 3857 |
| as a manufacturer, at least fifty million dollars in the aggregate | 3858 |
| at the project site during a period of three consecutive calendar | 3859 |
| years, including the calendar year that includes a day of the | 3860 |
| taxpayer's taxable year or tax period with respect to which the | 3861 |
| credit is granted; | 3862 |
| (ii) If the taxpayer is engaged at the project site primarily | 3863 |
| in significant corporate administrative functions, as defined by | 3864 |
| the director of development services by rule, at least twenty | 3865 |
| million dollars in the aggregate at the project site during a | 3866 |
| period of three consecutive calendar years including the calendar | 3867 |
| year that includes a day of the taxpayer's taxable year or tax | 3868 |
| period with respect to which the credit is granted; | 3869 |
| (iii) If the taxpayer is applying to enter into an agreement | 3870 |
| for a tax credit authorized under division (B)(3) of this section, | 3871 |
| at least five million dollars in the aggregate at the project site | 3872 |
| during a period of three consecutive calendar years, including the | 3873 |
| calendar year that includes a day of the taxpayer's taxable year | 3874 |
| or tax period with respect to which the credit is granted. | 3875 |
| (c) The taxpayer had a capital investment project reviewed | 3876 |
| and approved by the tax credit authority as provided in divisions | 3877 |
| (C), (D), and (E) of this section. | 3878 |
| (3) "Full-time equivalent employees" means the quotient | 3879 |
| obtained by dividing the total number of hours for which employees | 3880 |
| were compensated for employment in the project by two thousand | 3881 |
| eighty. "Full-time equivalent employees" shall exclude hours that | 3882 |
| are counted for a credit under section 122.17 of the Revised Code. | 3883 |
| (4) "Income tax revenue" means the total amount withheld | 3884 |
| under section 5747.06 of the Revised Code by the taxpayer during | 3885 |
| the taxable year, or during the calendar year that includes the | 3886 |
| tax period, from the compensation of all employees employed in the | 3887 |
| project whose hours of compensation are included in calculating | 3888 |
| the number of full-time equivalent employees. | 3889 |
| (5) "Manufacturer" has the same meaning as in section | 3890 |
| 5739.011 of the Revised Code. | 3891 |
| (6) "Project site" means an integrated complex of facilities | 3892 |
| in this state, as specified by the tax credit authority under this | 3893 |
| section, within a fifteen-mile radius where a taxpayer is | 3894 |
| primarily operating as an eligible business. | 3895 |
| (7) "Related member" has the same meaning as in section | 3896 |
| 5733.042 of the Revised Code as that section existed on the | 3897 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 3898 |
| general assembly, September 29, 1997. | 3899 |
| (8) "Taxable year" includes, in the case of a domestic or | 3900 |
| foreign insurance company, the calendar year ending on the | 3901 |
| thirty-first day of December preceding the day the superintendent | 3902 |
| of insurance is required to certify to the treasurer of state | 3903 |
| under section 5725.20 or 5729.05 of the Revised Code the amount of | 3904 |
| taxes due from insurance companies. | 3905 |
| (B) The tax credit authority created under section 122.17 of | 3906 |
| the Revised Code may grant tax credits under this section for the | 3907 |
| purpose of fostering job retention in this state. Upon application | 3908 |
| by an eligible business and upon consideration of the | 3909 |
| recommendation of the director of budget and management, tax | 3910 |
| commissioner, the superintendent of insurance in the case of an | 3911 |
| insurance company, and director of development services under | 3912 |
| division (C) of this section, the tax credit authority may grant | 3913 |
| the following credits against the tax imposed by section 5725.18, | 3914 |
| 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised | 3915 |
| Code: | 3916 |
| (1) A nonrefundable credit to an eligible business; | 3917 |
| (2) A refundable credit to an eligible business meeting the | 3918 |
| following conditions, provided that the director of budget and | 3919 |
| management, tax commissioner, superintendent of insurance in the | 3920 |
| case of an insurance company, and director of development services | 3921 |
| have recommended the granting of the credit to the tax credit | 3922 |
| authority before July 1, 2011: | 3923 |
| (a) The business retains at least one thousand full-time | 3924 |
| equivalent employees at the project site. | 3925 |
| (b) The business makes or causes to be made payments for a | 3926 |
| capital investment project of at least twenty-five million dollars | 3927 |
| in the aggregate at the project site during a period of three | 3928 |
| consecutive calendar years, including the calendar year that | 3929 |
| includes a day of the business' taxable year or tax period with | 3930 |
| respect to which the credit is granted. | 3931 |
| (c) In 2010, the business received a written offer of | 3932 |
| financial incentives from another state of the United States that | 3933 |
| the director determines to be sufficient inducement for the | 3934 |
| business to relocate the business' operations from this state to | 3935 |
| that state. | 3936 |
| (3) A refundable credit to an eligible business with a total | 3937 |
| annual payroll of at least twenty million dollars, provided that | 3938 |
| the tax credit authority grants the tax credit on or after July 1, | 3939 |
| 2011, and before January 1, 2014. | 3940 |
| The credits authorized in divisions (B)(1), (2), and (3) of | 3941 |
| this section may be granted for a period up to fifteen taxable | 3942 |
| years or, in the case of the tax levied by section 5751.02 of the | 3943 |
| Revised Code, for a period of up to fifteen calendar years. The | 3944 |
| credit amount for a taxable year or a calendar year that includes | 3945 |
| the tax period for which a credit may be claimed equals the income | 3946 |
| tax revenue for that year multiplied by the percentage specified | 3947 |
| in the agreement with the tax credit authority. The percentage may | 3948 |
| not exceed seventy-five per cent. The credit shall be claimed in | 3949 |
| the order required under section 5725.98, 5726.98, 5729.98, | 3950 |
| 5733.98, 5747.98, or 5751.98 of the Revised Code. In determining | 3951 |
| the percentage and term of the credit, the tax credit authority | 3952 |
| shall consider both the number of full-time equivalent employees | 3953 |
| and the value of the capital investment project. The credit amount | 3954 |
| may not be based on the income tax revenue for a calendar year | 3955 |
| before the calendar year in which the tax credit authority | 3956 |
| specifies the tax credit is to begin, and the credit shall be | 3957 |
| claimed only for the taxable years or tax periods specified in the | 3958 |
| eligible business' agreement with the tax credit authority. In no | 3959 |
| event shall the credit be claimed for a taxable year or tax period | 3960 |
| terminating before the date specified in the agreement. Any credit | 3961 |
| granted under this section against the tax imposed by section | 3962 |
| 5733.06 or 5747.02 of the Revised Code, to the extent not fully | 3963 |
| utilized against such tax for taxable years ending prior to 2008, | 3964 |
| shall automatically be converted without any action taken by the | 3965 |
| tax credit authority to a credit against the tax levied under | 3966 |
| Chapter 5751. of the Revised Code for tax periods beginning on or | 3967 |
| after July 1, 2008, provided that the person to whom the credit | 3968 |
| was granted is subject to such tax. The converted credit shall | 3969 |
| apply to those calendar years in which the remaining taxable years | 3970 |
| specified in the agreement end. | 3971 |
| If a nonrefundable credit allowed under division (B)(1) of | 3972 |
| this section for a taxable year or tax period exceeds the | 3973 |
| taxpayer's tax liability for that year or period, the excess may | 3974 |
| be carried forward for the three succeeding taxable or calendar | 3975 |
| years, but the amount of any excess credit allowed in any taxable | 3976 |
| year or tax period shall be deducted from the balance carried | 3977 |
| forward to the succeeding year or period. | 3978 |
| (C) A taxpayer that proposes a capital investment project to | 3979 |
| retain jobs in this state may apply to the tax credit authority to | 3980 |
| enter into an agreement for a tax credit under this section. The | 3981 |
| director of development services shall prescribe the form of the | 3982 |
| application. After receipt of an application, the authority shall | 3983 |
| forward copies of the application to the director of budget and | 3984 |
| management, the tax commissioner, the superintendent of insurance | 3985 |
| in the case of an insurance company, and the director of | 3986 |
| development services, each of whom shall review the application to | 3987 |
| determine the economic impact the proposed project would have on | 3988 |
| the state and the affected political subdivisions and shall submit | 3989 |
| a summary of their determinations and recommendations to the | 3990 |
| authority. | 3991 |
| (D) Upon review and consideration of the determinations and | 3992 |
| recommendations described in division (C) of this section, the tax | 3993 |
| credit authority may enter into an agreement with the taxpayer for | 3994 |
| a credit under this section if the authority determines all of the | 3995 |
| following: | 3996 |
| (1) The taxpayer's capital investment project will result in | 3997 |
| the retention of employment in this state. | 3998 |
| (2) The taxpayer is economically sound and has the ability to | 3999 |
| complete the proposed capital investment project. | 4000 |
| (3) The taxpayer intends to and has the ability to maintain | 4001 |
| operations at the project site for at least the greater of (a) the | 4002 |
| term of the credit plus three years, or (b) seven years. | 4003 |
| (4) Receiving the credit is a major factor in the taxpayer's | 4004 |
| decision to begin, continue with, or complete the project. | 4005 |
| (5) If the taxpayer is applying to enter into an agreement | 4006 |
| for a tax credit authorized under division (B)(3) of this section, | 4007 |
| the taxpayer's capital investment project will be located in the | 4008 |
| political subdivision in which the taxpayer maintains its | 4009 |
| principal place of business. | 4010 |
| (E) An agreement under this section shall include all of the | 4011 |
| following: | 4012 |
| (1) A detailed description of the project that is the subject | 4013 |
| of the agreement, including the amount of the investment, the | 4014 |
| period over which the investment has been or is being made, the | 4015 |
| number of full-time equivalent employees at the project site, and | 4016 |
| the anticipated income tax revenue to be generated. | 4017 |
| (2) The term of the credit, the percentage of the tax credit, | 4018 |
| the maximum annual value of tax credits that may be allowed each | 4019 |
| year, and the first year for which the credit may be claimed. | 4020 |
| (3) A requirement that the taxpayer maintain operations at | 4021 |
| the project site for at least the greater of (a) the term of the | 4022 |
| credit plus three years, or (b) seven years. | 4023 |
| (4)(a) In the case of a credit granted under division (B)(1) | 4024 |
| of this section, a requirement that the taxpayer retain at least | 4025 |
| five hundred full-time equivalent employees at the project site | 4026 |
| and within this state for the entire term of the credit, or a | 4027 |
| requirement that the taxpayer maintain an annual payroll of at | 4028 |
| least thirty-five million dollars for the entire term of the | 4029 |
| credit; | 4030 |
| (b) In the case of a credit granted under division (B)(2) of | 4031 |
| this section, a requirement that the taxpayer retain at least one | 4032 |
| thousand full-time equivalent employees at the project site and | 4033 |
| within this state for the entire term of the credit; | 4034 |
| (c) In the case of a credit granted under division (B)(3) of | 4035 |
| this section, either of the following: | 4036 |
| (i) A requirement that the taxpayer retain at least five | 4037 |
| hundred full-time equivalent employees at the project site and | 4038 |
| within this state for the entire term of the credit and a | 4039 |
| requirement that the taxpayer maintain an annual payroll of at | 4040 |
| least twenty million dollars for the entire term of the credit; | 4041 |
| (ii) A requirement that the taxpayer maintain an annual | 4042 |
| payroll of at least thirty-five million dollars for the entire | 4043 |
| term of the credit. | 4044 |
| (5) A requirement that the taxpayer annually report to the | 4045 |
| director of development services employment, tax withholding, | 4046 |
| capital investment, and other information the director needs to | 4047 |
| perform the director's duties under this section. | 4048 |
| (6) A requirement that the director of development services | 4049 |
| annually review the annual reports of the taxpayer to verify the | 4050 |
| information reported under division (E)(5) of this section and | 4051 |
| compliance with the agreement. Upon verification, the director | 4052 |
| shall issue a certificate to the taxpayer stating that the | 4053 |
| information has been verified and identifying the amount of the | 4054 |
| credit for the taxable year or calendar year that includes the tax | 4055 |
| period. In determining the number of full-time equivalent | 4056 |
| employees, no position shall be counted that is filled by an | 4057 |
| employee who is included in the calculation of a tax credit under | 4058 |
| section 122.17 of the Revised Code. | 4059 |
| (7) A provision providing that the taxpayer may not relocate | 4060 |
| a substantial number of employment positions from elsewhere in | 4061 |
| this state to the project site unless the director of development | 4062 |
| services determines that the taxpayer notified the legislative | 4063 |
| authority of the county, township, or municipal corporation from | 4064 |
| which the employment positions would be relocated. | 4065 |
| For purposes of this section, the movement of an employment | 4066 |
| position from one political subdivision to another political | 4067 |
| subdivision shall be considered a relocation of an employment | 4068 |
| position unless the movement is confined to the project site. The | 4069 |
| transfer of an employment position from one political subdivision | 4070 |
| to another political subdivision shall not be considered a | 4071 |
| relocation of an employment position if the employment position in | 4072 |
| the first political subdivision is replaced by another employment | 4073 |
| position. | 4074 |
| (8) A waiver by the taxpayer of any limitations periods | 4075 |
| relating to assessments or adjustments resulting from the | 4076 |
| taxpayer's failure to comply with the agreement. | 4077 |
| (F) If a taxpayer fails to meet or comply with any condition | 4078 |
| or requirement set forth in a tax credit agreement, the tax credit | 4079 |
| authority may amend the agreement to reduce the percentage or term | 4080 |
| of the credit. The reduction of the percentage or term may take | 4081 |
| effect in the current taxable or calendar year. | 4082 |
| (G) Financial statements and other information submitted to | 4083 |
| the department of development services or the tax credit authority | 4084 |
| by an applicant for or recipient of a tax credit under this | 4085 |
| section, and any information taken for any purpose from such | 4086 |
| statements or information, are not public records subject to | 4087 |
| section 149.43 of the Revised Code. However, the chairperson of | 4088 |
| the authority may make use of the statements and other information | 4089 |
| for purposes of issuing public reports or in connection with court | 4090 |
| proceedings concerning tax credit agreements under this section. | 4091 |
| Upon the request of the tax commissioner, or the superintendent of | 4092 |
| insurance in the case of an insurance company, the chairperson of | 4093 |
| the authority shall provide to the commissioner or superintendent | 4094 |
| any statement or other information submitted by an applicant for | 4095 |
| or recipient of a tax credit in connection with the credit. The | 4096 |
| commissioner or superintendent shall preserve the confidentiality | 4097 |
| of the statement or other information. | 4098 |
| (H) A taxpayer claiming a tax credit under this section shall | 4099 |
| submit to the tax commissioner or, in the case of an insurance | 4100 |
| company, to the superintendent of insurance, a copy of the | 4101 |
|
director of | 4102 |
| verification under division (E)(6) of this section with the | 4103 |
| taxpayer's tax report or return for the taxable year or for the | 4104 |
| calendar year that includes the tax period. Failure to submit a | 4105 |
| copy of the certificate with the report or return does not | 4106 |
| invalidate a claim for a credit if the taxpayer submits a copy of | 4107 |
| the certificate to the commissioner or superintendent within sixty | 4108 |
| days after the commissioner or superintendent requests it. | 4109 |
| (I) For the purposes of this section, a taxpayer may include | 4110 |
| a partnership, a corporation that has made an election under | 4111 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 4112 |
| Code, or any other business entity through which income flows as a | 4113 |
| distributive share to its owners. A partnership, S-corporation, or | 4114 |
| other such business entity may elect to pass the credit received | 4115 |
| under this section through to the persons to whom the income or | 4116 |
| profit of the partnership, S-corporation, or other entity is | 4117 |
| distributed. The election shall be made on the annual report | 4118 |
| required under division (E)(5) of this section. The election | 4119 |
| applies to and is irrevocable for the credit for which the report | 4120 |
| is submitted. If the election is made, the credit shall be | 4121 |
| apportioned among those persons in the same proportions as those | 4122 |
| in which the income or profit is distributed. | 4123 |
| (J) If the director of development services determines that a | 4124 |
| taxpayer that received a tax credit under this section is not | 4125 |
| complying with the requirement under division (E)(3) of this | 4126 |
| section, the director shall notify the tax credit authority of the | 4127 |
| noncompliance. After receiving such a notice, and after giving the | 4128 |
| taxpayer an opportunity to explain the noncompliance, the | 4129 |
| authority may terminate the agreement and require the taxpayer to | 4130 |
| refund to the state all or a portion of the credit claimed in | 4131 |
| previous years, as follows: | 4132 |
| (1) If the taxpayer maintained operations at the project site | 4133 |
| for less than or equal to the term of the credit, an amount not to | 4134 |
| exceed one hundred per cent of the sum of any tax credits allowed | 4135 |
| and received under this section. | 4136 |
| (2) If the taxpayer maintained operations at the project site | 4137 |
| longer than the term of the credit, but less than the greater of | 4138 |
| (a) the term of the credit plus three years, or (b) seven years, | 4139 |
| the amount required to be refunded shall not exceed seventy-five | 4140 |
| per cent of the sum of any tax credits allowed and received under | 4141 |
| this section. | 4142 |
| In determining the portion of the credit to be refunded to | 4143 |
| this state, the authority shall consider the effect of market | 4144 |
| conditions on the taxpayer's project and whether the taxpayer | 4145 |
| continues to maintain other operations in this state. After making | 4146 |
| the determination, the authority shall certify the amount to be | 4147 |
| refunded to the tax commissioner or the superintendent of | 4148 |
| insurance. If the taxpayer is not an insurance company, the | 4149 |
| commissioner shall make an assessment for that amount against the | 4150 |
| taxpayer under Chapter 5726., 5733., 5747., or 5751. of the | 4151 |
| Revised Code. If the taxpayer is an insurance company, the | 4152 |
| superintendent of insurance shall make an assessment under section | 4153 |
| 5725.222 or 5729.102 of the Revised Code. The time limitations on | 4154 |
| assessments under those chapters and sections do not apply to an | 4155 |
| assessment under this division, but the commissioner or | 4156 |
| superintendent shall make the assessment within one year after the | 4157 |
| date the authority certifies to the commissioner or superintendent | 4158 |
| the amount to be refunded. | 4159 |
| (K) The director of development services, after consultation | 4160 |
| with the tax commissioner and the superintendent of insurance and | 4161 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 4162 |
| rules necessary to implement this section. The rules may provide | 4163 |
| for recipients of tax credits under this section to be charged | 4164 |
| fees to cover administrative costs of the tax credit program. The | 4165 |
| fees collected shall be credited to the tax incentive programs | 4166 |
| operating fund created in section 122.174 of the Revised Code. At | 4167 |
| the time the director gives public notice under division (A) of | 4168 |
| section 119.03 of the Revised Code of the adoption of the rules, | 4169 |
| the director shall submit copies of the proposed rules to the | 4170 |
| chairpersons of the standing committees on economic development in | 4171 |
| the senate and the house of representatives. | 4172 |
| (L) On or before the first day of August of each year, the | 4173 |
| director of development services shall submit a report to the | 4174 |
| governor, the president of the senate, and the speaker of the | 4175 |
| house of representatives on the tax credit program under this | 4176 |
| section. The report shall include information on the number of | 4177 |
| agreements that were entered into under this section during the | 4178 |
| preceding calendar year, a description of the project that is the | 4179 |
| subject of each such agreement, and an update on the status of | 4180 |
| projects under agreements entered into before the preceding | 4181 |
| calendar year. | 4182 |
| (M)(1) The aggregate amount of tax credits issued under | 4183 |
| division (B)(1) of this section during any calendar year for | 4184 |
| capital investment projects reviewed and approved by the tax | 4185 |
| credit authority may not exceed the following amounts: | 4186 |
| (a) For 2010, thirteen million dollars; | 4187 |
| (b) For 2011 through 2023, the amount of the limit for the | 4188 |
| preceding calendar year plus thirteen million dollars; | 4189 |
| (c) For 2024 and each year thereafter, one hundred | 4190 |
| ninety-five million dollars. | 4191 |
| (2) The aggregate amount of tax credits authorized under | 4192 |
| divisions (B)(2) and (3) of this section and allowed to be claimed | 4193 |
| by taxpayers in any calendar year for capital improvement projects | 4194 |
| reviewed and approved by the tax credit authority in 2011, 2012, | 4195 |
| and 2013 combined shall not exceed twenty-five million dollars. An | 4196 |
| amount equal to the aggregate amount of credits first authorized | 4197 |
| in calendar year 2011, 2012, and 2013 may be claimed over the | 4198 |
| ensuing period up to fifteen years, subject to the terms of | 4199 |
| individual tax credit agreements. | 4200 |
| The limitations in division (M) of this section do not apply | 4201 |
| to credits for capital investment projects approved by the tax | 4202 |
| credit authority before July 1, 2009. | 4203 |
| Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36 | 4204 |
| of the Revised Code: | 4205 |
| (A) "New technology" means the development through science or | 4206 |
| research of methods, processes, and procedures, including but not | 4207 |
| limited to those involving the processing and utilization of coal, | 4208 |
| for practical application in industrial or agribusiness | 4209 |
| situations. | 4210 |
| (B) "Industrial research" means study and investigation in | 4211 |
| giving new shapes, new qualities or new combinations to matter or | 4212 |
| material products by the application of labor thereto or the | 4213 |
| rehabilitation of an existing matter or material product. | 4214 |
| (C) "Enterprise" means a business with its principal place of | 4215 |
| business in this state or which proposes to be engaged in this | 4216 |
| state in research and development or in the provision of products | 4217 |
| or services involving a significant amount of new technology. | 4218 |
| (D) "Educational institutions" means nonprofit public and | 4219 |
| private colleges and universities, incorporated or unincorporated, | 4220 |
| in the state. | 4221 |
| (E) "Small business" means an enterprise with less than four | 4222 |
| hundred employees, including corporations, partnerships, | 4223 |
| unincorporated entities, proprietorships, and joint enterprises. | 4224 |
| (F) "Applied research" means the application of basic | 4225 |
| research for the development of new technology. | 4226 |
| Sec. 122.30. The | 4227 |
| 4228 | |
| 184.01 of the Revised Code and the director of development are | 4229 |
| vested with the powers and duties provided in sections 122.28 and | 4230 |
| 122.30 to 122.36 of the Revised Code, to promote the welfare of | 4231 |
| the people of the state through the interaction of the business | 4232 |
| and industrial community and educational institutions in the | 4233 |
| development of new technology and enterprise. | 4234 |
| (A) It is necessary for the state to establish the
| 4235 |
| 4236 | |
| created pursuant to sections 122.28 and 122.30 to 122.36 of the | 4237 |
| Revised Code to accomplish the following purposes which are | 4238 |
| determined to be essential: | 4239 |
| (1) Improve the existing industrial and agricultural base of | 4240 |
| the state; | 4241 |
| (2) Improve the economy of the state by providing employment, | 4242 |
| increasing productivity, and slowing the rate of inflation; | 4243 |
| (3) Develop markets worldwide for the products of the state's | 4244 |
| natural resources and agricultural and manufacturing industries; | 4245 |
| (4) Maintain a high standard of living for the people of the | 4246 |
| state. | 4247 |
| (B) The | 4248 |
| commission shall do | 4249 |
| (1) Make recommendations to the director of development as to | 4250 |
| applications for assistance pursuant to sections 122.28 and 122.30 | 4251 |
|
to 122.36 of the Revised Code. The | 4252 |
| its recommendations to reflect any changes in the proposed | 4253 |
| assistance made by the director. | 4254 |
| (2) Advise the director in the administration of sections | 4255 |
|
122.28 and 122.30 to 122.36 of the Revised Code | 4256 |
| | 4257 |
| 4258 |
| (C) The director of development shall do all of the | 4259 |
| following: | 4260 |
| (1) Receive applications for assistance under sections 122.28 | 4261 |
| and 122.30 to 122.36 of the Revised Code and, after processing, | 4262 |
|
forward them to the | 4263 |
| supporting information; | 4264 |
| (2) Receive the recommendations of the | 4265 |
| make a final determination whether to approve the application for | 4266 |
| assistance; | 4267 |
| (3) Transmit determinations to approve assistance exceeding | 4268 |
| forty thousand dollars to the controlling board, together with any | 4269 |
| information the controlling board requires, for the board's review | 4270 |
| and decision as to whether to approve the assistance; | 4271 |
| (4) Gather and disseminate information and conduct hearings, | 4272 |
| conferences, seminars, investigations, and special studies on | 4273 |
| problems and programs concerning industrial research and new | 4274 |
| technology and their commercial applications in the state; | 4275 |
| (5) Establish an annual program to recognize the | 4276 |
| accomplishments and contributions of individuals and organizations | 4277 |
| in the development of industrial research and new technology in | 4278 |
| the state; | 4279 |
| (6) Stimulate both public and industrial awareness and | 4280 |
| interest in industrial research and development of new technology | 4281 |
| primarily in the areas of industrial processes, implementation, | 4282 |
| energy, agribusiness, medical technology, avionics, and food | 4283 |
| processing; | 4284 |
| (7) Develop and implement comprehensive and coordinated | 4285 |
| policies, programs, and procedures promoting industrial research | 4286 |
| and new technology; | 4287 |
| (8) Propose appropriate legislation or executive actions to | 4288 |
| stimulate the development of industrial research and new | 4289 |
| technology by enterprises and individuals; | 4290 |
| (9) Encourage and facilitate contracts between industry, | 4291 |
| agriculture, educational institutions, federal agencies, and state | 4292 |
| agencies, with special emphasis on industrial research and new | 4293 |
| technology by small businesses and agribusiness; | 4294 |
| (10) Participate with any state agency in developing specific | 4295 |
| programs and goals to assist in the development of industrial | 4296 |
| research and new technology and monitor performance; | 4297 |
| (11) Assist enterprises in obtaining alternative forms of | 4298 |
| governmental or commercial financing for industrial research and | 4299 |
| new technology; | 4300 |
| (12) Assist enterprises or individuals in the implementation | 4301 |
| of new programs and policies and the expansion of existing | 4302 |
| programs to provide an atmosphere conducive to increased | 4303 |
| cooperation among and participation by individuals, enterprises, | 4304 |
| and educational institutions engaged in industrial research and | 4305 |
| the development of new technology; | 4306 |
| (13) Advertise, prepare, print, and distribute books, maps, | 4307 |
| pamphlets, and other information which in the judgment of the | 4308 |
| director will further its purposes; | 4309 |
| (14) Include in the director's annual report to the governor | 4310 |
| and the general assembly a report on the activities for the | 4311 |
| preceding calendar year under sections 122.28 and 122.30 to 122.36 | 4312 |
| of the Revised Code; | 4313 |
| (15) Approve the expenditure of money appropriated by the | 4314 |
| general assembly for the purpose of sections 122.28 and 122.30 to | 4315 |
| 122.36 of the Revised Code; | 4316 |
| (16) Identify and implement federal research and development | 4317 |
| programs which would link Ohio's industrial base, research | 4318 |
| facilities, and natural resources; | 4319 |
| (17) Employ and fix the compensation of technical and | 4320 |
| professional personnel, who shall be in the unclassified civil | 4321 |
| service, and employ other personnel, who shall be in the | 4322 |
| classified civil service, as necessary to carry out the provisions | 4323 |
| of sections 122.28 and 122.30 to 122.36 of the Revised Code. | 4324 |
| Sec. 122.31. All expenses and obligations incurred by the | 4325 |
|
director of development and the | 4326 |
| 4327 | |
| out their powers and in exercising their duties under sections | 4328 |
| 122.28 and 122.30 to 122.36 of the Revised Code, are payable from | 4329 |
| revenues or other receipts or income from grants, gifts, | 4330 |
| contributions, compensation, reimbursement, and funds established | 4331 |
| in accordance with those sections or general revenue funds | 4332 |
| appropriated by the general assembly for operating expenses of the | 4333 |
|
director or | 4334 |
| Sec. 122.32. The director of development, on behalf of the | 4335 |
| programs authorized pursuant to sections 122.28 and 122.30 to | 4336 |
| 122.36 of the Revised Code, may receive and accept grants, gifts, | 4337 |
| and contributions of money, property, labor, and other things of | 4338 |
| value to be held, used, and applied only for the purpose for which | 4339 |
| the grants, gifts, and contributions are made, from individuals, | 4340 |
| private and public corporations, from the United States or any | 4341 |
| agency of the United States, and from any political subdivision of | 4342 |
| the state. The director may agree to repay any contribution of | 4343 |
| money or to return any property contributed or its value at times, | 4344 |
| in amounts, and on terms and conditions excluding the payment of | 4345 |
| interest as the director determines at the time the contribution | 4346 |
| is made. The director may evidence the obligation by written | 4347 |
| contracts, subject to section 122.31 of the Revised Code, provided | 4348 |
| that the director shall not thereby incur indebtedness of or | 4349 |
| impose liability upon the state or any political subdivision. | 4350 |
| Sec. 122.33. The director of development shall administer | 4351 |
| the following programs: | 4352 |
| (A) The industrial technology and enterprise development | 4353 |
| grant program, to provide capital to acquire, construct, enlarge, | 4354 |
| improve, or equip and to sell, lease, exchange, and otherwise | 4355 |
| dispose of property, structures, equipment, and facilities within | 4356 |
| the state. | 4357 |
| Such funding may be made to enterprises that propose to | 4358 |
| develop new products or technologies when the director finds all | 4359 |
| of the following factors to be present: | 4360 |
| (1) The undertaking will benefit the people of the state by | 4361 |
| creating or preserving jobs and employment opportunities or | 4362 |
| improving the economic welfare of the people of the state, and | 4363 |
| promoting the development of new technology. | 4364 |
| (2) There is reasonable assurance that the potential | 4365 |
| royalties to be derived from the sale of the product or process | 4366 |
| described in the proposal will be sufficient to repay the funding | 4367 |
| pursuant to sections 122.28 and 122.30 to 122.36 of the Revised | 4368 |
| Code and that, in making the agreement, as it relates to patents, | 4369 |
| copyrights, and other ownership rights, there is reasonable | 4370 |
| assurance that the resulting new technology will be utilized to | 4371 |
| the maximum extent possible in facilities located in Ohio. | 4372 |
| (3) The technology and research to be undertaken will allow | 4373 |
| enterprises to compete more effectively in the marketplace. Grants | 4374 |
| of capital may be in such form and conditioned upon such terms as | 4375 |
|
the | 4376 |
| (B) The industrial technology and enterprise resources | 4377 |
| program to provide for the collection, dissemination, and exchange | 4378 |
| of information regarding equipment, facilities, and business | 4379 |
| planning consultation resources available in business, industry, | 4380 |
| and educational institutions and to establish methods by which | 4381 |
| small businesses may use available facilities and resources. The | 4382 |
| methods may include, but need not be limited to, leases | 4383 |
| reimbursing the educational institutions for their actual costs | 4384 |
| incurred in maintaining the facilities and agreements assigning | 4385 |
| royalties from development of successful products or processes | 4386 |
| through the use of the facilities and resources. The director | 4387 |
| shall operate this program in conjunction with the board of | 4388 |
| regents. | 4389 |
| (C) The Thomas Alva Edison grant program to provide grants to | 4390 |
| foster research, development, or technology transfer efforts | 4391 |
| involving enterprises and educational institutions that will lead | 4392 |
| to the creation of jobs. | 4393 |
| (1) Grants may be made to a nonprofit organization or a | 4394 |
| public or private educational institution, department, college, | 4395 |
| institute, faculty member, or other administrative subdivision or | 4396 |
| related entity of an educational institution when the director | 4397 |
| finds that the undertaking will benefit the people of the state by | 4398 |
| supporting research in advanced technology areas likely to improve | 4399 |
| the economic welfare of the people of the state through promoting | 4400 |
| the development of new commercial technology. | 4401 |
| (2) Grants may be made in a form and conditioned upon terms | 4402 |
| as the director considers appropriate. | 4403 |
| (3) Grants made under this program shall in all instances be | 4404 |
| in conjunction with a contribution to the project by a cooperating | 4405 |
| enterprise which maintains or proposes to maintain a relevant | 4406 |
| research, development, or manufacturing facility in the state, by | 4407 |
| a nonprofit organization, or by an educational institution or | 4408 |
| related entity; however, funding provided by an educational | 4409 |
| institution or related entity shall not be from general revenue | 4410 |
| funds appropriated by the Ohio general assembly. No grant made | 4411 |
| under this program shall exceed the contribution made by the | 4412 |
| cooperating enterprise, nonprofit organization, or educational | 4413 |
| institution or related entity. The director may consider | 4414 |
| cooperating contributions in the form of state of the art new | 4415 |
| equipment or in other forms provided the director determines that | 4416 |
| the contribution is essential to the successful implementation of | 4417 |
| the project. The director may adopt rules or guidelines for the | 4418 |
| valuation of contributions of equipment or other property. | 4419 |
| (4) The director may determine fields of research from which | 4420 |
| grant applications will be accepted under this program. | 4421 |
| Sec. 122.34. The exercise of the powers granted by sections | 4422 |
| 122.28 and 122.30 to 122.36 of the Revised Code will be in all | 4423 |
| respects for the benefit of the people of the state, for the | 4424 |
| improvement of commerce and prosperity, improvement of employment | 4425 |
| conditions, and will constitute the performance of essential | 4426 |
| governmental functions. | 4427 |
| Sec. 122.35. All moneys received under sections 122.28 and | 4428 |
| 122.30 to 122.36 of the Revised Code are trust funds to be held | 4429 |
| and applied solely as provided in those sections and section | 4430 |
| 166.03 of the Revised Code. All moneys, except when deposited with | 4431 |
| the treasurer of the state, shall be kept and secured in | 4432 |
| depositories as selected by the director of development in the | 4433 |
| manner provided in sections 135.01 to 135.21 of the Revised Code, | 4434 |
| insofar as those sections are applicable. All moneys held by the | 4435 |
| director in trust to carry out the purposes of sections 122.28 and | 4436 |
| 122.30 to 122.36 of the Revised Code shall be used as provided in | 4437 |
| sections 122.28 and 122.30 to 122.36 of the Revised Code and at no | 4438 |
| time be part of other public funds. | 4439 |
| Sec. 122.36. Any materials or data submitted to, made | 4440 |
| available to, or received by the director of development, the | 4441 |
| 4442 | |
| frontier commission, or the controlling board, to the extent that | 4443 |
| the material or data consist of trade secrets, as defined in | 4444 |
| section 1333.61 of the Revised Code, or commercial or financial | 4445 |
| information, regarding projects are not public records for the | 4446 |
| purposes of section 149.43 of the Revised Code. | 4447 |
| Sec. 122.85. (A) As used in this section and in sections | 4448 |
| 5726.55, 5733.59 | 4449 |
| (1) "Tax credit-eligible production" means a motion picture | 4450 |
| production certified by the director of development services under | 4451 |
| division (B) of this section as qualifying the motion picture | 4452 |
|
company for a tax credit under section 5726.55, 5733.59 | 4453 |
| 5747.66, or 5751.54 of the Revised Code. | 4454 |
| (2) "Certificate owner" means a motion picture company to | 4455 |
| which a tax credit certificate is issued. | 4456 |
| (3) "Motion picture company" means an individual, | 4457 |
| corporation, partnership, limited liability company, or other form | 4458 |
| of business association producing a motion picture. | 4459 |
| (4) "Eligible production expenditures" means expenditures | 4460 |
| made after June 30, 2009, for goods or services purchased and | 4461 |
| consumed in this state by a motion picture company directly for | 4462 |
| the production of a tax credit-eligible production. | 4463 |
| "Eligible production expenditures" includes, but is not | 4464 |
| limited to, expenditures for resident and nonresident cast and | 4465 |
| crew wages, accommodations, costs of set construction and | 4466 |
| operations, editing and related services, photography, sound | 4467 |
| synchronization, lighting, wardrobe, makeup and accessories, film | 4468 |
| processing, transfer, sound mixing, special and visual effects, | 4469 |
| music, location fees, and the purchase or rental of facilities and | 4470 |
| equipment. | 4471 |
| (5) "Motion picture" means entertainment content created in | 4472 |
| whole or in part within this state for distribution or exhibition | 4473 |
| to the general public, including, but not limited to, | 4474 |
| feature-length films; documentaries; long-form, specials, | 4475 |
| miniseries, series, and interstitial television programming; | 4476 |
| interactive web sites; sound recordings; videos; music videos; | 4477 |
|
interactive television; interactive games; | 4478 |
| commercials; any format of digital media; and any trailer, pilot, | 4479 |
| video teaser, or demo created primarily to stimulate the sale, | 4480 |
| marketing, promotion, or exploitation of future investment in | 4481 |
| either a product or a motion picture by any means and media in any | 4482 |
| digital media format, film, or videotape, provided the motion | 4483 |
| picture qualifies as a motion picture. "Motion picture" does not | 4484 |
| include any television program created primarily as news, weather, | 4485 |
| or financial market reports, a production featuring current events | 4486 |
| or sporting events, an awards show or other gala event, a | 4487 |
| production whose sole purpose is fundraising, a long-form | 4488 |
| production that primarily markets a product or service or in-house | 4489 |
| corporate advertising or other similar productions, a production | 4490 |
| for purposes of political advocacy, or any production for which | 4491 |
| records are required to be maintained under 18 U.S.C. 2257 with | 4492 |
| respect to sexually explicit content. | 4493 |
| (B) For the purpose of encouraging and developing a strong | 4494 |
| film industry in this state, the director of development services | 4495 |
| may certify a motion picture produced by a motion picture company | 4496 |
| as a tax credit-eligible production. In the case of a television | 4497 |
| series, the director may certify the production of each episode of | 4498 |
| the series as a separate tax credit-eligible production. A motion | 4499 |
| picture company shall apply for certification of a motion picture | 4500 |
| as a tax credit-eligible production on a form and in the manner | 4501 |
| prescribed by the director. Each application shall include the | 4502 |
| following information: | 4503 |
| (1) The name and telephone number of the motion picture | 4504 |
| production company; | 4505 |
| (2) The name and telephone number of the company's contact | 4506 |
| person; | 4507 |
| (3) A list of the first preproduction date through the last | 4508 |
| production date in Ohio; | 4509 |
| (4) The Ohio production office address and telephone number; | 4510 |
| (5) The total production budget of the motion picture; | 4511 |
| (6) The total budgeted eligible production expenditures and | 4512 |
| the percentage that amount is of the total production budget of | 4513 |
| the motion picture; | 4514 |
| (7) The total percentage of the motion picture being shot in | 4515 |
| Ohio; | 4516 |
| (8) The level of employment of cast and crew who reside in | 4517 |
| Ohio; | 4518 |
| (9) A synopsis of the script; | 4519 |
| (10) The shooting script; | 4520 |
| (11) A creative elements list that includes the names of the | 4521 |
| principal cast and crew and the producer and director; | 4522 |
| (12) Documentation of financial ability to undertake and | 4523 |
| complete the motion picture; | 4524 |
| (13) Estimated value of the tax credit based upon total | 4525 |
| budgeted eligible production expenditures; | 4526 |
| (14) Any other information considered necessary by the | 4527 |
| director. | 4528 |
| Within ninety days after certification of a motion picture as | 4529 |
| a tax credit-eligible production, and any time thereafter upon the | 4530 |
| 4531 | |
|
picture company shall present to the director | 4532 |
| sufficient evidence of reviewable progress. If the motion picture | 4533 |
|
company fails to present sufficient evidence, the director | 4534 |
| 4535 | |
| director shall notify the applicant that the certification has | 4536 |
| been rescinded. Nothing in this section prohibits an applicant | 4537 |
| whose tax credit-eligible production certification has been | 4538 |
| rescinded from submitting a subsequent application for | 4539 |
| certification. | 4540 |
| (C)(1) A motion picture company whose motion picture has been | 4541 |
| certified as a tax credit-eligible production may apply to the | 4542 |
| director of development services on or after July 1, 2009, for a | 4543 |
| refundable credit against the tax imposed by section 5726.02, | 4544 |
|
5733.06 | 4545 |
| in consultation with the tax commissioner shall prescribe the form | 4546 |
| and manner of the application and the information or documentation | 4547 |
| required to be submitted with the application. | 4548 |
| The credit is determined as follows: | 4549 |
| (a) If the total budgeted eligible production expenditures | 4550 |
| stated in the application submitted under division (B) of this | 4551 |
| section or the actual eligible production expenditures as finally | 4552 |
| determined under division (D) of this section, whichever is least, | 4553 |
| is less than or equal to three hundred thousand dollars, no credit | 4554 |
| is allowed; | 4555 |
| (b) If the total budgeted eligible production expenditures | 4556 |
| stated in the application submitted under division (B) of this | 4557 |
| section or the actual eligible production expenditures as finally | 4558 |
| determined under division (D) of this section, whichever is least, | 4559 |
| is greater than three hundred thousand dollars, the credit equals | 4560 |
| the sum of the following, subject to the limitation in division | 4561 |
| (C)(4) of this section: | 4562 |
| (i) Twenty-five per cent of the least of such budgeted or | 4563 |
| actual eligible expenditure amounts excluding budgeted or actual | 4564 |
| eligible expenditures for resident cast and crew wages; | 4565 |
| (ii) Thirty-five per cent of budgeted or actual eligible | 4566 |
| expenditures for resident cast and crew wages. | 4567 |
| (2) Except as provided in division (C)(4) of this section, if | 4568 |
| the director of development services approves a motion picture | 4569 |
| company's application for a credit, the director shall issue a tax | 4570 |
| credit certificate to the company. The director in consultation | 4571 |
| with the tax commissioner shall prescribe the form and manner of | 4572 |
| issuing certificates. The director shall assign a unique | 4573 |
| identifying number to each tax credit certificate and shall record | 4574 |
| the certificate in a register devised and maintained by the | 4575 |
| director for that purpose. The certificate shall state the amount | 4576 |
| of the eligible production expenditures on which the credit is | 4577 |
| based and the amount of the credit. Upon the issuance of a | 4578 |
| certificate, the director shall certify to the tax commissioner | 4579 |
| the name of the applicant, the amount of eligible production | 4580 |
| expenditures shown on the certificate, and any other information | 4581 |
| required by the rules adopted to administer this section. | 4582 |
| (3) The amount of eligible production expenditures for which | 4583 |
| a tax credit may be claimed is subject to inspection and | 4584 |
| examination by the tax commissioner or employees of the | 4585 |
| commissioner under section 5703.19 of the Revised Code and any | 4586 |
| other applicable law. Once the eligible production expenditures | 4587 |
| are finally determined under section 5703.19 of the Revised Code | 4588 |
| and division (D) of this section, the credit amount is not subject | 4589 |
| to adjustment unless the director determines an error was | 4590 |
| committed in the computation of the credit amount. | 4591 |
| (4) No tax credit certificate may be issued before the | 4592 |
| completion of the tax credit-eligible production. For the fiscal | 4593 |
| biennium beginning July 1, 2009, and ending June 30, 2011, not | 4594 |
| more than thirty million dollars of tax credit may be allowed, of | 4595 |
| which not more than ten million dollars of tax credit may be | 4596 |
| allowed in the first year of the biennium. In succeeding fiscal | 4597 |
| biennia, not more than twenty million dollars of tax credit may be | 4598 |
| allowed per fiscal biennium, and not more than ten million dollars | 4599 |
| may be allowed in the first year of the biennium. At any time, not | 4600 |
| more than five million dollars of tax credit may be allowed per | 4601 |
| tax credit-eligible production. | 4602 |
| (D) A motion picture company whose motion picture has been | 4603 |
| certified as a tax credit-eligible production shall engage, at the | 4604 |
| company's expense, an independent certified public accountant to | 4605 |
| examine the company's production expenditures to identify the | 4606 |
| expenditures that qualify as eligible production expenditures. The | 4607 |
| certified public accountant shall issue a report to the company | 4608 |
| and to the director of development services certifying the | 4609 |
| company's eligible production expenditures and any other | 4610 |
| information required by the director. Upon receiving and examining | 4611 |
| the report, the director may disallow any expenditure the director | 4612 |
| determines is not an eligible production expenditure. If the | 4613 |
| director disallows an expenditure, the director shall issue a | 4614 |
| written notice to the motion picture production company stating | 4615 |
| that the expenditure is disallowed and the reason for the | 4616 |
| disallowance. Upon examination of the report and disallowance of | 4617 |
| any expenditures, the director shall determine finally the lesser | 4618 |
| of the total budgeted eligible production expenditures stated in | 4619 |
| the application submitted under division (B) of this section or | 4620 |
| the actual eligible production expenditures for the purpose of | 4621 |
| computing the amount of the credit. | 4622 |
| (E) No credit shall be allowed under section 5726.55, 5733.59 | 4623 |
| 4624 | |
| has reviewed the report and made the determination prescribed by | 4625 |
| division (D) of this section. | 4626 |
| (F) This state reserves the right to refuse the use of this | 4627 |
| state's name in the credits of any tax credit-eligible motion | 4628 |
| picture production. | 4629 |
| (G)(1) The director of development services in consultation | 4630 |
| with the tax commissioner shall adopt rules for the administration | 4631 |
| of this section, including rules setting forth and governing the | 4632 |
| criteria for determining whether a motion picture production is a | 4633 |
| tax credit-eligible production; activities that constitute the | 4634 |
| production of a motion picture; reporting sufficient evidence of | 4635 |
| reviewable progress; expenditures that qualify as eligible | 4636 |
| production expenditures; a competitive process for approving | 4637 |
| credits; and consideration of geographic distribution of credits. | 4638 |
| The rules shall be adopted under Chapter 119. of the Revised Code. | 4639 |
| (2) The director may require a reasonable application fee to | 4640 |
| cover administrative costs of the tax credit program. The fees | 4641 |
| collected shall be credited to the motion picture tax credit | 4642 |
| program operating fund, which is hereby created in the state | 4643 |
| treasury. The motion picture tax credit program operating fund | 4644 |
| shall consist of all grants, gifts, fees, and contributions made | 4645 |
|
to the director | 4646 |
|
motion picture industry within this state. The director | 4647 |
| 4648 | |
| the administration of the Ohio film office and the credit | 4649 |
|
authorized by this section and sections 5726.55., 5733.59 | 4650 |
| 5747.66, and 5751.54 of the Revised Code. | 4651 |
| (H) A certificate owner may not apply the same tax credit | 4652 |
| certificate against more than one of the taxes against which the | 4653 |
| credit authorized by this section may be claimed. | 4654 |
| Sec. 123.01. (A) The department of administrative services, | 4655 |
| in addition to those powers enumerated in Chapters 124. and 125. | 4656 |
| of the Revised Code and provided elsewhere by law, shall exercise | 4657 |
| the following powers: | 4658 |
| (1) | 4659 |
| 4660 | |
| 4661 | |
| 4662 | |
| 4663 | |
| 4664 | |
| 4665 | |
| 4666 | |
| 4667 | |
| 4668 | |
| 4669 | |
| 4670 |
| | 4671 |
| 4672 | |
| 4673 | |
| 4674 | |
| 4675 |
| | 4676 |
| 4677 | |
| 4678 | |
| 4679 | |
| 4680 | |
| 4681 | |
| 4682 | |
| 4683 | |
| 4684 | |
| 4685 | |
| 4686 | |
| 4687 | |
| 4688 | |
| 4689 | |
| 4690 | |
| 4691 | |
| 4692 | |
| 4693 | |
| 4694 | |
| 4695 | |
| 4696 | |
| 4697 | |
| 4698 | |
| 4699 |
| | 4700 |
| development of grounds and buildings under the control of a state | 4701 |
| agency; | 4702 |
| | 4703 |
| grant, all real estate required by a state agency, in the exercise | 4704 |
| of which power the department may exercise the power of eminent | 4705 |
| domain, in the manner provided by sections 163.01 to 163.22 of the | 4706 |
| Revised Code; | 4707 |
| | 4708 |
| 4709 | |
| 4710 | |
| 4711 |
| | 4712 |
| and memorials erected by the state, except where the supervision | 4713 |
| and maintenance is otherwise provided by law; | 4714 |
| | 4715 |
| state agency; | 4716 |
| | 4717 |
| unproductive and unused lands or other property under the control | 4718 |
|
of a state agency. Such leases, easements, or licenses | 4719 |
| be granted to any person or entity, shall be for a period not to | 4720 |
| exceed fifteen years, and shall be executed for the state by the | 4721 |
|
director of administrative services | 4722 |
| 4723 | |
| 4724 | |
| 4725 | |
| 4726 | |
| 4727 | |
| 4728 | |
| 4729 | |
| 4730 | |
| 4731 | |
| 4732 | |
| director or the director's designee shall grant leases, easements, | 4733 |
| or licenses of university land for periods not to exceed | 4734 |
| twenty-five years for purposes approved by the respective | 4735 |
| university's board of trustees wherein the uses are compatible | 4736 |
| with the uses and needs of the university and may grant leases of | 4737 |
| university land for periods not to exceed forty years for purposes | 4738 |
| approved by the respective university's board of trustees pursuant | 4739 |
|
to section | 4740 |
| | 4741 |
| | 4742 |
| storerooms, offices, and buildings leased for the use of a state | 4743 |
| agency; | 4744 |
| | 4745 |
|
property of the state | 4746 |
| estate not needed by the state. Conveyances of real estate shall | 4747 |
| be approved by the controlling board in accordance with section | 4748 |
| 127.27 of the Revised Code. | 4749 |
| | 4750 |
| city in the state and to establish, in cooperation with the state | 4751 |
| agencies involved, rules governing space requirements for office | 4752 |
| or storage use; | 4753 |
| | 4754 |
| property of any person or political subdivision located in this | 4755 |
|
state for a period not to exceed forty years | 4756 |
| 4757 | |
| 4758 | |
|
improvements for any public purpose | 4759 |
| 4760 | |
| 4761 | |
| 4762 | |
|
lease-purchase
| 4763 |
| the lease period, the buildings, structures, and related | 4764 |
| improvements, together with the land on which they are situated, | 4765 |
| 4766 |
| | 4767 |
| 4768 | |
| 4769 | |
| 4770 | |
| 4771 | |
| 4772 |
| | 4773 |
| 4774 |
| | 4775 |
| 4776 |
| | 4777 |
| 4778 |
| | 4779 |
| 4780 | |
| 4781 | |
| 4782 |
| | 4783 |
| 4784 |
| | 4785 |
| 4786 | |
| 4787 | |
| 4788 | |
| 4789 | |
| 4790 | |
| 4791 | |
| 4792 | |
| 4793 | |
| 4794 | |
| 4795 | |
| 4796 | |
| 4797 | |
| 4798 |
| | 4799 |
| 4800 | |
| 4801 | |
| 4802 | |
| 4803 | |
| 4804 | |
| 4805 | |
| 4806 | |
| 4807 | |
| 4808 | |
| 4809 | |
| 4810 | |
| 4811 | |
| 4812 | |
| 4813 | |
| 4814 | |
| 4815 | |
| 4816 | |
| 4817 | |
| 4818 | |
| 4819 | |
| 4820 | |
| 4821 | |
| 4822 | |
| 4823 | |
| 4824 | |
| 4825 | |
| 4826 | |
| 4827 | |
| 4828 | |
| 4829 | |
| 4830 | |
| 4831 | |
| 4832 | |
| 4833 | |
| 4834 | |
| 4835 |
| | 4836 |
| real property of the state to any person or a political | 4837 |
| subdivision located in this state for a period not to exceed forty | 4838 |
| years. If the department enters into such an agreement, the | 4839 |
| agreement shall require the following: | 4840 |
| (i) That the person or subdivision, for any public purpose or | 4841 |
| private use for the benefit of the state, construct buildings or | 4842 |
| structures, or make alterations, renovations, repairs, expansions, | 4843 |
| or other improvements, on the property as it exists on the date | 4844 |
| the agreement is entered into; | 4845 |
| (ii) That the person or subdivision lease to the state, | 4846 |
| during the agreement period, space the department deems necessary | 4847 |
| in any building, structure, or other similar improvement on the | 4848 |
| property; | 4849 |
| (iii) That at the end of the lease period, the buildings, | 4850 |
| structures, and related improvements, become property of the state | 4851 |
| without cost. | 4852 |
| (c)(i) Any person or political subdivision entering into a | 4853 |
| lease-purchase or lease-leaseback agreement under division | 4854 |
| (A)(10)(a) or (b) of this section shall provide plans satisfactory | 4855 |
| to the department that detail the nature and cost, including | 4856 |
| financing costs, of the improvements described under division | 4857 |
| (A)(10)(a) or (b)(i) of this section, as applicable. | 4858 |
| (ii) In conjunction with entering into a lease-purchase or | 4859 |
| lease-leaseback agreement, the state may grant leases, easements, | 4860 |
| or licenses for lands under the control of a state agency for a | 4861 |
| period not to exceed forty years. | 4862 |
| (11) To acquire by purchase, gift, devise, or grant and to | 4863 |
| transfer, lease, or otherwise dispose of all real property | 4864 |
| required to assist in the development of a conversion facility as | 4865 |
| defined in section 5709.30 of the Revised Code as that section | 4866 |
| existed before its repeal by Amended Substitute House Bill 95 of | 4867 |
| the 125th general assembly; | 4868 |
| | 4869 |
| notwithstanding any other division of this section, the | 4870 |
| state-owned property located at 408-450 East Town Street, | 4871 |
| Columbus, Ohio, formerly the state school for the deaf, to a | 4872 |
| developer in accordance with this section. "Developer," as used in | 4873 |
| this section, has the same meaning as in section 123.77 of the | 4874 |
| Revised Code. | 4875 |
| Such a lease shall be for the purpose of development of the | 4876 |
| land for use by senior citizens by constructing, altering, | 4877 |
| renovating, repairing, expanding, and improving the site as it | 4878 |
| existed on June 25, 1982. A developer desiring to lease the land | 4879 |
| shall prepare for submission to the department a plan for | 4880 |
| development. Plans shall include provisions for roads, sewers, | 4881 |
| water lines, waste disposal, water supply, and similar matters to | 4882 |
| meet the requirements of state and local laws. The plans shall | 4883 |
| also include provision for protection of the property by insurance | 4884 |
| or otherwise, and plans for financing the development, and shall | 4885 |
| set forth details of the developer's financial responsibility. | 4886 |
| The department may employ, as employees or consultants, | 4887 |
| persons needed to assist in reviewing the development plans. Those | 4888 |
| persons may include attorneys, financial experts, engineers, and | 4889 |
| other necessary experts. The department shall review the | 4890 |
| development plans and may enter into a lease if it finds all of | 4891 |
| the following: | 4892 |
| (a) The best interests of the state will be promoted by | 4893 |
| entering into a lease with the developer; | 4894 |
| (b) The development plans are satisfactory; | 4895 |
| (c) The developer has established the developer's financial | 4896 |
| responsibility and satisfactory plans for financing the | 4897 |
| development. | 4898 |
| The lease shall contain a provision that construction or | 4899 |
| renovation of the buildings, roads, structures, and other | 4900 |
| necessary facilities shall begin within one year after the date of | 4901 |
| the lease and shall proceed according to a schedule agreed to | 4902 |
| between the department and the developer or the lease will be | 4903 |
| terminated. The lease shall contain such conditions and | 4904 |
| stipulations as the director considers necessary to preserve the | 4905 |
| best interest of the state. Moneys received by the state pursuant | 4906 |
| to this lease shall be paid into the general revenue fund. The | 4907 |
| lease shall provide that at the end of the lease period the | 4908 |
| buildings, structures, and related improvements shall become the | 4909 |
| property of the state without cost. | 4910 |
| | 4911 |
| the department, including space in property under the jurisdiction | 4912 |
| of the Ohio building authority, by doing all of the following: | 4913 |
| (a) Biennially implementing, by state agency location, a | 4914 |
| census of agency employees assigned space; | 4915 |
| (b) Periodically in the discretion of the director of | 4916 |
| administrative services: | 4917 |
| (i) Requiring each state agency to categorize the use of | 4918 |
| space allotted to the agency between office space, common areas, | 4919 |
| storage space, and other uses, and to report its findings to the | 4920 |
| department; | 4921 |
| (ii) Creating and updating a master space utilization plan | 4922 |
| for all space allotted to state agencies. The plan shall | 4923 |
| incorporate space utilization metrics. | 4924 |
| (iii) Conducting a cost-benefit analysis to determine the | 4925 |
| effectiveness of state-owned buildings; | 4926 |
| (iv) Assessing the alternatives associated with consolidating | 4927 |
| the commercial leases for buildings located in Columbus. | 4928 |
| (c) Commissioning a comprehensive space utilization and | 4929 |
| capacity study in order to determine the feasibility of | 4930 |
| consolidating existing commercially leased space used by state | 4931 |
| agencies into a new state-owned facility. | 4932 |
| (14) To adopt rules to ensure that energy efficiency and | 4933 |
| conservation is considered in the purchase of products and | 4934 |
| equipment, except motor vehicles, by any state agency, department, | 4935 |
| division, bureau, office, unit, board, commission, authority, | 4936 |
| quasi-governmental entity, or institution. The department may | 4937 |
| require minimum energy efficiency standards for purchased products | 4938 |
| and equipment based on federal testing and labeling if available | 4939 |
| or on standards developed by the department. When possible, the | 4940 |
| rules shall apply to the competitive selection of energy consuming | 4941 |
| systems, components, and equipment under Chapter 125. of the | 4942 |
| Revised Code. | 4943 |
| (15) To ensure energy efficient and energy conserving | 4944 |
| purchasing practices by doing all of the following: | 4945 |
| (a) Identifying available energy efficiency and conservation | 4946 |
| opportunities; | 4947 |
| (b) Providing for interchange of information among purchasing | 4948 |
| agencies; | 4949 |
| (c) Identifying laws, policies, rules, and procedures that | 4950 |
| should be modified; | 4951 |
| (d) Monitoring experience with and the cost-effectiveness of | 4952 |
| this state's purchase and use of motor vehicles and of major | 4953 |
| energy-consuming systems, components, equipment, and products | 4954 |
| having a significant impact on energy consumption by the | 4955 |
| government; | 4956 |
| (e) Providing technical assistance and training to state | 4957 |
| employees involved in the purchasing process; | 4958 |
| (f) Working with the department of development to make | 4959 |
| recommendations regarding planning and implementation of | 4960 |
| purchasing policies and procedures that are supportive of energy | 4961 |
| efficiency and conservation. | 4962 |
| (16) To require all state agencies, departments, divisions, | 4963 |
| bureaus, offices, units, commissions, boards, authorities, | 4964 |
| quasi-governmental entities, institutions, and state institutions | 4965 |
| of higher education to implement procedures to ensure that all of | 4966 |
| the passenger automobiles they acquire in each fiscal year, except | 4967 |
| for those passenger automobiles acquired for use in law | 4968 |
| enforcement or emergency rescue work, achieve a fleet average fuel | 4969 |
| economy of not less than the fleet average fuel economy for that | 4970 |
| fiscal year as the department shall prescribe by rule. The | 4971 |
| department shall adopt the rule prior to the beginning of the | 4972 |
| fiscal year, in accordance with the average fuel economy standards | 4973 |
| established by federal law for passenger automobiles manufactured | 4974 |
| during the model year that begins during the fiscal year. | 4975 |
| Each state agency, department, division, bureau, office, | 4976 |
| unit, commission, board, authority, quasi-governmental entity, | 4977 |
| institution, and state institution of higher education shall | 4978 |
| determine its fleet average fuel economy by dividing the total | 4979 |
| number of passenger vehicles acquired during the fiscal year, | 4980 |
| except for those passenger vehicles acquired for use in law | 4981 |
| enforcement or emergency rescue work, by a sum of terms, each of | 4982 |
| which is a fraction created by dividing the number of passenger | 4983 |
| vehicles of a given make, model, and year, except for passenger | 4984 |
| vehicles acquired for use in law enforcement or emergency rescue | 4985 |
| work, acquired during the fiscal year by the fuel economy measured | 4986 |
| by the administrator of the United States environmental protection | 4987 |
| agency, for the given make, model, and year of vehicle, that | 4988 |
| constitutes an average fuel economy for combined city and highway | 4989 |
| driving. | 4990 |
| As used in division (A)(16) of this section, "acquired" means | 4991 |
| leased for a period of sixty continuous days or more, or | 4992 |
| purchased. | 4993 |
| (B) This section and section 125.02 of the Revised Code shall | 4994 |
| not interfere with any of the following: | 4995 |
| (1) The power of the adjutant general to purchase military | 4996 |
| supplies, or with the custody of the adjutant general of property | 4997 |
| leased, purchased, or constructed by the state and used for | 4998 |
| military purposes, or with the functions of the adjutant general | 4999 |
| as director of state armories; | 5000 |
| (2) The power of the director of transportation in acquiring | 5001 |
| rights-of-way for the state highway system, or the leasing of | 5002 |
| lands for division or resident district offices, or the leasing of | 5003 |
| lands or buildings required in the maintenance operations of the | 5004 |
| department of transportation, or the purchase of real property for | 5005 |
| garage sites or division or resident district offices, or in | 5006 |
| preparing plans and specifications for and constructing such | 5007 |
| buildings as the director may require in the administration of the | 5008 |
| department; | 5009 |
| (3) The power of the director of public safety and the | 5010 |
| registrar of motor vehicles to purchase or lease real property and | 5011 |
| buildings to be used solely as locations to which a deputy | 5012 |
| registrar is assigned pursuant to division (B) of section 4507.011 | 5013 |
| of the Revised Code and from which the deputy registrar is to | 5014 |
| conduct the deputy registrar's business, the power of the director | 5015 |
| of public safety to purchase or lease real property and buildings | 5016 |
| to be used as locations for division or district offices as | 5017 |
| required in the maintenance of operations of the department of | 5018 |
| public safety, and the power of the superintendent of the state | 5019 |
| highway patrol in the purchase or leasing of real property and | 5020 |
| buildings needed by the patrol, to negotiate the sale of real | 5021 |
| property owned by the patrol, to rent or lease real property owned | 5022 |
| or leased by the patrol, and to make or cause to be made repairs | 5023 |
| to all property owned or under the control of the patrol; | 5024 |
| (4) The power of the division of liquor control in the | 5025 |
| leasing or purchasing of retail outlets and warehouse facilities | 5026 |
| for the use of the division; | 5027 |
| (5) The power of the director of development to enter into | 5028 |
| leases of real property, buildings, and office space to be used | 5029 |
| solely as locations for the state's foreign offices to carry out | 5030 |
| the purposes of section 122.05 of the Revised Code; | 5031 |
| (6) The power of the director of environmental protection to | 5032 |
| enter into environmental covenants, to grant and accept easements, | 5033 |
| or to sell property pursuant to division (G) of section 3745.01 of | 5034 |
| the Revised Code. | 5035 |
| (C) Purchases for, and the custody and repair of, buildings | 5036 |
| under the management and control of the capitol square review and | 5037 |
| advisory board, the rehabilitation services commission, the bureau | 5038 |
| of workers' compensation, or the departments of public safety, job | 5039 |
| and family services, mental health, developmental disabilities, | 5040 |
| and rehabilitation and correction; buildings of educational and | 5041 |
| benevolent institutions under the management and control of boards | 5042 |
| of trustees; and purchases or leases for, and the custody and | 5043 |
| repair of, office space used for the purposes of the joint | 5044 |
| legislative ethics committee are not subject to the control and | 5045 |
| jurisdiction of the department of administrative services. | 5046 |
| If the joint legislative ethics committee so requests, the | 5047 |
| committee and the director of administrative services may enter | 5048 |
| into a contract under which the department of administrative | 5049 |
| services agrees to perform any services requested by the committee | 5050 |
| that the department is authorized under this section to perform. | 5051 |
| (D) Any instrument by which real property is acquired | 5052 |
| pursuant to this section shall identify the agency of the state | 5053 |
| that has the use and benefit of the real property as specified in | 5054 |
| section 5301.012 of the Revised Code. | 5055 |
| | 5056 |
| shall be appointed superintendent of public works and shall have | 5057 |
| the care and control of the public works of the state and shall | 5058 |
| protect, maintain, and keep them in repair. | 5059 |
| Subject to the approval of the governor, the director may | 5060 |
| purchase on behalf of the state such real or personal property, | 5061 |
| rights, or privileges as are necessary, in the director's | 5062 |
| judgment, to acquire in the maintenance of the public works or | 5063 |
| their improvement. | 5064 |
| Any instrument by which the state or an agency of the state | 5065 |
| acquires real property pursuant to this section shall identify the | 5066 |
| agency of the state that has the use and benefit of the real | 5067 |
| property as specified in section 5301.012 of the Revised Code. | 5068 |
| | 5069 |
| may maintain an action in the name of the state for violations of | 5070 |
| any law relating to the public works for an injury to property | 5071 |
| pertaining to the public works, or for any other cause which is | 5072 |
|
necessary in the performance of | 5073 |
| | 5074 |
| shall have supervision of the public works of the state and shall | 5075 |
|
make such rules and regulations for the | 5076 |
| and operation of the public works as are necessary. | 5077 |
| | 5078 |
| services shall regulate the rate of tolls to be collected on the | 5079 |
| public works of the state, and shall fix all rentals and collect | 5080 |
| all tolls, rents, fines, commissions, fees, and other revenues | 5081 |
| arising from any source in the public works, including the sale, | 5082 |
| 5083 | |
| director shall not collect a commission or fee from a real estate | 5084 |
| broker or the private owner when real property is leased or rented | 5085 |
| to the state. | 5086 |
| | 5087 |
| 5088 | |
| 5089 | |
| 5090 | |
| 5091 | |
| 5092 | |
| 5093 | |
| 5094 | |
| 5095 | |
| 5096 | |
| 5097 | |
| 5098 |
| | 5099 |
| 5100 |
| | 5101 |
| 5102 |
| | 5103 |
| | 5104 |
| | 5105 |
| 5106 | |
| 5107 |
| | 5108 |
| 5109 | |
| 5110 |
| | 5111 |
| services shall assign and make available, at state expense, | 5112 |
| suitable office space in state-owned facilities to accommodate the | 5113 |
| office operations of the state headquarters of both of the | 5114 |
| following: | 5115 |
| (1) All veterans organizations in this state that either are | 5116 |
| incorporated and issued a charter by the congress of the United | 5117 |
| States or are recognized by the United States department of | 5118 |
| veterans affairs; | 5119 |
| (2) The auxiliary organizations of veterans organizations | 5120 |
| described in division (A)(1) of this section. | 5121 |
| (B) The department may situate office space for each | 5122 |
| auxiliary organization of a veterans organization with or near the | 5123 |
| office space of that veterans organization. | 5124 |
| | 5125 |
| township, or municipal corporation owning, leasing, or controlling | 5126 |
| the operation of parking spaces for use by its employees may | 5127 |
| provide preferential parking for those vehicles used in carpools, | 5128 |
| vanpools, and buspools. The department of administrative services | 5129 |
| shall coordinate the efforts of the state agencies in providing | 5130 |
| preferential parking for such vehicles. | 5131 |
| | 5132 |
|
shall appoint such
| 5133 |
| lock tenders, inspectors, engineers, and all other employees as | 5134 |
|
are necessary for the | 5135 |
| the public works. They shall be assigned to duty under the | 5136 |
| supervision of the director, under rules and regulations | 5137 |
|
prescribed by | 5138 |
| necessary by the director, shall give proper bond to the state, | 5139 |
|
conditioned for the faithful performance of | 5140 |
| duties. Such bonds may, in the discretion of the director, be | 5141 |
| individual, schedule, or blanket bonds. | 5142 |
| | 5143 |
| 5144 | |
| works of Ohio, including salary and expenses of all employees | 5145 |
| engaged in such work, shall be paid upon the order of the director | 5146 |
| of administrative services. | 5147 |
| | 5148 |
| 5149 | |
| injury or obstruction that occurs in any public works of the state | 5150 |
| maintained by the director of administrative services and that | 5151 |
| materially impairs its immediate use or places in jeopardy | 5152 |
| property adjacent to it; an immediate danger of such an injury or | 5153 |
| obstruction; or an injury or obstruction, or an immediate danger | 5154 |
|
of an injury or obstruction, that occurs
| 5155 |
| 5156 | |
| director of administrative services and that materially impairs | 5157 |
| its immediate use or places in jeopardy property adjacent to it. | 5158 |
| (B) | 5159 |
| pursuant to division (C) of this section, the director of | 5160 |
| administrative services may request the Ohio facilities | 5161 |
| construction commission to enter into contracts with proper | 5162 |
| persons for the performance of labor, the furnishing of materials, | 5163 |
| or the construction of any structures and buildings necessary to | 5164 |
| the maintenance, control, and management of the public works of | 5165 |
|
the state or any part of those public works.
| 5166 |
| 5167 | |
| 5168 | |
|
contracts | 5169 |
| performed pursuant to the declaration of a public exigency may be | 5170 |
| awarded without competitive bidding or selection as set forth in | 5171 |
| Chapter 153. of the Revised Code. | 5172 |
| (C) The director of administrative services may issue a | 5173 |
| declaration of a public exigency on the director's own initiative | 5174 |
| or upon the request of the director of any state agency. The | 5175 |
| director's declaration shall identify the specific injury, | 5176 |
| obstruction, or danger that is the subject of the declaration and | 5177 |
| shall set forth a dollar limitation for the repair, removal, or | 5178 |
| prevention of that exigency under the declaration. | 5179 |
| Before any project to repair, remove, or prevent a public | 5180 |
| exigency under the director's declaration may begin, the director | 5181 |
| shall send notice of the project, in writing, to the director of | 5182 |
| budget and management and to the members of the controlling board. | 5183 |
| That notice shall detail the project to be undertaken to address | 5184 |
| the public exigency and shall include a copy of the director's | 5185 |
| declaration that establishes the monetary limitations on that | 5186 |
| project. | 5187 |
| | 5188 |
|
division (A) of section | 5189 |
| the director of administrative services may take possession of | 5190 |
| lands and use them, or materials and other property necessary for | 5191 |
| the maintenance, protection, or repair of the public works, in | 5192 |
| accordance with sections 163.01 to 163.22 of the Revised Code. | 5193 |
| | 5194 |
| shall be made by the director of administrative services except | 5195 |
| upon the written approval of the governor and the attorney | 5196 |
| general. | 5197 |
| | 5198 |
| director of administrative services shall have the custody and | 5199 |
| control of the books, records, papers, surveys, maps, plats, and | 5200 |
| documents that pertain to any of the public works of this state. | 5201 |
| | 5202 |
| shall make an annual report to the governor containing a statement | 5203 |
|
of the expenses of the public works under | 5204 |
| supervision during the preceding year, setting forth an account of | 5205 |
| moneys expended on each of the public works during the year, and | 5206 |
|
such other information and records as | 5207 |
| proper. Such report shall contain a statement of the moneys | 5208 |
| received from all sources and an estimate of the appropriations | 5209 |
| necessary to maintain the public works and keep them in repair. | 5210 |
| The report shall also contain a list of all persons regularly | 5211 |
| employed, together with the salary, compensation, or allowance | 5212 |
| paid each. | 5213 |
| | 5214 |
| director deems it necessary, or when called upon by the governor, | 5215 |
| to do so, make such other reports as are proper, touching on the | 5216 |
| general condition and welfare of the public works and the | 5217 |
| drainage, leaseholds, and water powers incident thereto. | 5218 |
| | 5219 |
| services may adopt, amend, and rescind rules pertaining to lands | 5220 |
| under the supervision of the department in accordance with Chapter | 5221 |
| 119. of the Revised Code. | 5222 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 5223 |
| enterprise" means a sole proprietorship, association, partnership, | 5224 |
| corporation, limited liability corporation, or joint venture | 5225 |
| certified as a participant in the encouraging diversity, growth, | 5226 |
| and equity program by the director of administrative services | 5227 |
| under this section of the Revised Code. | 5228 |
| (B) The director of administrative services shall establish a | 5229 |
| business assistance program known as the encouraging diversity, | 5230 |
| growth, and equity program and shall adopt rules in accordance | 5231 |
| with Chapter 119. of the Revised Code to administer the program | 5232 |
| that do all of the following: | 5233 |
| (1) Establish procedures by which a sole proprietorship, | 5234 |
| association, partnership, corporation, limited liability | 5235 |
| corporation, or joint venture may apply for certification as an | 5236 |
| EDGE business enterprise; | 5237 |
| (2) Except as provided in division (B)(14) of this section, | 5238 |
| establish agency procurement goals for contracting with EDGE | 5239 |
| business enterprises in the award of contracts under Chapters | 5240 |
| 123., 125., and 153. of the Revised Code based on the availability | 5241 |
| of eligible program participants by region or geographic area, as | 5242 |
| determined by the director, and by standard industrial code or | 5243 |
| equivalent code classification. | 5244 |
| (a) Goals established under division (B)(2) of this section | 5245 |
| shall be based on a percentage level of participation and a | 5246 |
| percentage of contractor availability. | 5247 |
| (b) Goals established under division (B)(2) of this section | 5248 |
| shall be applied at the contract level, relative to an overall | 5249 |
| dollar goal for each state agency, in accordance with the | 5250 |
| following certification categories: construction, architecture, | 5251 |
| and engineering; professional services; goods and services; and | 5252 |
| information technology services. | 5253 |
| (3) Establish a system of certifying EDGE business | 5254 |
| enterprises based on a requirement that the business owner or | 5255 |
| owners show both social and economic disadvantage based on the | 5256 |
| following, as determined to be sufficient by the director: | 5257 |
| (a) Relative wealth of the business seeking certification as | 5258 |
| well as the personal wealth of the owner or owners of the | 5259 |
| business; | 5260 |
| (b) Social disadvantage based on any of the following: | 5261 |
| (i) A rebuttable presumption when the business owner or | 5262 |
| owners demonstrate membership in a racial minority group or show | 5263 |
| personal disadvantage due to color, ethnic origin, gender, | 5264 |
| physical disability, long-term residence in an environment | 5265 |
| isolated from the mainstream of American society, location in an | 5266 |
| area of high unemployment; | 5267 |
| (ii) Some other demonstration of personal disadvantage not | 5268 |
| common to other small businesses; | 5269 |
| (iii) By business location in a qualified census tract. | 5270 |
| (c) Economic disadvantage based on economic and business size | 5271 |
| thresholds and eligibility criteria designed to stimulate economic | 5272 |
| development through contract awards to businesses located in | 5273 |
| qualified census tracts. | 5274 |
| (4) Establish standards to determine when an EDGE business | 5275 |
| enterprise no longer qualifies for EDGE business enterprise | 5276 |
| certification; | 5277 |
| (5) Develop a process for evaluating and adjusting goals | 5278 |
| established by this section to determine what adjustments are | 5279 |
| necessary to achieve participation goals established by the | 5280 |
| director; | 5281 |
| (6) Establish a point system or comparable system to evaluate | 5282 |
| bid proposals to encourage EDGE business enterprises to | 5283 |
| participate in the procurement of professional design and | 5284 |
| information technology services; | 5285 |
| (7) Establish a system to track data and analyze each | 5286 |
| certification category established under division (B)(2)(b) of | 5287 |
| this section; | 5288 |
| (8) Establish a process to mediate complaints and to review | 5289 |
| EDGE business enterprise certification appeals; | 5290 |
| (9) Implement an outreach program to educate potential | 5291 |
| participants about the encouraging diversity, growth, and equity | 5292 |
| program; | 5293 |
| (10) Establish a system to assist state agencies in | 5294 |
| identifying and utilizing EDGE business enterprises in their | 5295 |
| contracting processes; | 5296 |
| (11) Implement a system of self-reporting by EDGE business | 5297 |
| enterprises as well as an on-site inspection process to validate | 5298 |
| the qualifications of an EDGE business enterprise; | 5299 |
| (12) Establish a waiver mechanism to waive program goals or | 5300 |
| participation requirements for those companies that, despite their | 5301 |
| best-documented efforts, are unable to contract with certified | 5302 |
| EDGE business enterprises; | 5303 |
| (13) Establish a process for monitoring overall program | 5304 |
| compliance in which equal employment opportunity officers | 5305 |
| primarily are responsible for monitoring their respective | 5306 |
| agencies; | 5307 |
| (14) Establish guidelines for state universities as defined | 5308 |
|
in section 3345.011 of the Revised Code and the Ohio | 5309 |
|
facilities construction commission created in section | 5310 |
| 123.20 of the Revised Code for awarding contracts pursuant to | 5311 |
| Chapters 153., 3318., and 3345. of the Revised Code to allow the | 5312 |
| universities and commission to establish agency procurement goals | 5313 |
| for contracting with EDGE business enterprises. | 5314 |
| (C) Business and personal financial information and trade | 5315 |
| secrets submitted by encouraging diversity, growth, and equity | 5316 |
| program applicants to the director pursuant to this section are | 5317 |
| not public records for purposes of section 149.43 of the Revised | 5318 |
| Code, unless the director presents the financial information or | 5319 |
| trade secrets at a public hearing or public proceeding regarding | 5320 |
| the applicant's eligibility to participate in the program. | 5321 |
| | 5322 |
| services may lease land belonging to or under the control or | 5323 |
| jurisdiction of a state university, not required nor to be | 5324 |
| required for use of the university, to a developer in accordance | 5325 |
| with this section. "Developer," as used in this section, means a | 5326 |
| person, partnership, association, corporation, or community | 5327 |
| improvement corporation established pursuant to Chapter 1724. of | 5328 |
| the Revised Code who or which submits a development plan to the | 5329 |
| department as provided in this section and requests the department | 5330 |
| to enter into a lease. | 5331 |
| Such a lease of university land shall be for the purpose of | 5332 |
| development of the land by establishing, constructing, altering, | 5333 |
| repairing, expanding, and improving industrial, distribution, | 5334 |
| commercial, or research facilities. A developer desiring to lease | 5335 |
| land of the university for such development shall prepare and | 5336 |
| submit to the department of administrative services and to the | 5337 |
| board of trustees of the university a plan for such development. | 5338 |
| Plans shall include provisions for roads, streets, sewers, water | 5339 |
| lines, waste disposal, water supply, and similar matters to meet | 5340 |
| the requirements of state and local laws. The plans shall also | 5341 |
| include provision for protection of the property by insurance or | 5342 |
| otherwise and plans for financing the development, and shall set | 5343 |
| forth details of the developer's financial responsibility. | 5344 |
| The department of administrative services may employ as | 5345 |
| employees or consultants, persons needed to assist it in reviewing | 5346 |
| the development plans. Such persons may include attorneys, | 5347 |
| financial experts, engineers, and other necessary experts. The | 5348 |
| department of administrative services shall review the development | 5349 |
| plans and may enter into a lease if it finds that: | 5350 |
| (A) The best interests of the university will be promoted by | 5351 |
| entering into a lease with the developer. | 5352 |
| (B) The development plans are satisfactory. | 5353 |
| (C) The developer has established | 5354 |
| financial responsibility and satisfactory plans for financing the | 5355 |
| development. | 5356 |
| (D) The university board of trustees approves the lease. | 5357 |
| A lease may be entered into pursuant to this section for an | 5358 |
| annual rent agreed to between the department and the developer for | 5359 |
| a maximum term of forty years and may be renewed for a like or | 5360 |
| lesser term. The lease shall contain a provision that construction | 5361 |
| of buildings, structures, roads, and other necessary facilities | 5362 |
| shall begin within one year after the date of the lease and shall | 5363 |
| proceed according to a schedule agreed to between the department | 5364 |
| and the developer or the lease will be terminated. Moneys received | 5365 |
| by the state pursuant to such leases shall be paid into the state | 5366 |
| treasury as an addition to the appropriation made to the | 5367 |
| university which has control or jurisdiction of the land or to | 5368 |
| which the land belongs. | 5369 |
| | 5370 |
| may administer oaths to persons required by law to file affidavits | 5371 |
| or statements in the department of administrative services and to | 5372 |
| witnesses who are examined in matters pertaining to the | 5373 |
| administration of the public works. | 5374 |
| Sec. 123.20. (A) There is hereby created the Ohio facilities | 5375 |
| construction commission. The commission shall administer the | 5376 |
| design and construction of improvements to public facilities of | 5377 |
| the state in accordance with this chapter and other provisions of | 5378 |
| the Revised Code. | 5379 |
| The commission is a body corporate and politic, an agency of | 5380 |
| state government and an instrumentality of the state, performing | 5381 |
| essential governmental functions of this state. The carrying out | 5382 |
| of the purposes and the exercise by the commission of its powers | 5383 |
| are essential public functions and public purposes of the state. | 5384 |
| The commission may, in its own name, sue and be sued, enter into | 5385 |
| contracts, and perform all the powers and duties given to it by | 5386 |
| the Revised Code, but it does not have and shall not exercise the | 5387 |
| power of eminent domain. In its discretion and as it determines | 5388 |
| appropriate, the commission may delegate to any of its members, | 5389 |
| executive director, or other employees any of the commission's | 5390 |
| powers and duties to carry out its functions. | 5391 |
| (B) The commission shall consist of three members: the | 5392 |
| director of the office of budget and management and the director | 5393 |
| of administrative services, or their designees, and a member whom | 5394 |
| the governor shall appoint. | 5395 |
| Members of the commission shall serve without compensation. | 5396 |
| Within sixty days after the effective date of this section, | 5397 |
| the commission shall meet and organize by electing voting members | 5398 |
| as the chairperson and vice-chairperson of the commission, who | 5399 |
| shall hold their offices until the next organizational meeting of | 5400 |
| the commission. Organizational meetings of the commission shall be | 5401 |
| held at the first meeting of each calendar year. At each | 5402 |
| organizational meeting, the commission shall elect from among its | 5403 |
| voting members a chairperson and vice-chairperson, who shall serve | 5404 |
| until the next annual organizational meeting. The commission shall | 5405 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 5406 |
| conduct of its internal business and shall keep a journal of its | 5407 |
| proceedings. Including the organizational meeting, the commission | 5408 |
| shall meet at least once each calendar year. | 5409 |
| Two members of the commission constitute a quorum, and the | 5410 |
| affirmative vote of two members is necessary for approval of any | 5411 |
| action taken by the commission. A vacancy in the membership of the | 5412 |
| commission does not impair a quorum from exercising all the rights | 5413 |
| and performing all the duties of the commission. Meetings of the | 5414 |
| commission may be held anywhere in the state and shall be held in | 5415 |
| compliance with section 121.22 of the Revised Code. | 5416 |
| (C) Within sixty days after the effective date of this | 5417 |
| section, the governor shall appoint a member to the commission. | 5418 |
| The initial appointment shall be for a term ending three years | 5419 |
| after the effective date of this section, with subsequent terms | 5420 |
| ending three years after they begin, on the same day of the same | 5421 |
| month as the initial term. | 5422 |
| A vacancy for the member appointed by the governor shall be | 5423 |
| filled in the same manner as provided for the original | 5424 |
| appointment. The appointed member shall hold office for the | 5425 |
| remainder of the term for which the vacancy existed. After the | 5426 |
| expiration of the term, the appointed member shall continue in | 5427 |
| office for a period of sixty days or until the appointed member's | 5428 |
| successor takes office, whichever period is shorter. | 5429 |
| (D) The commission shall file an annual report of its | 5430 |
| activities and finances with the governor, speaker of the house of | 5431 |
| representatives, president of the senate, and chairpersons of the | 5432 |
| house and senate finance committees. | 5433 |
| (E) The commission shall be exempt from the requirements of | 5434 |
| sections 101.82 to 101.87 of the Revised Code. | 5435 |
| Sec. 123.201. There is hereby created in the state treasury | 5436 |
| the Ohio facilities construction commission fund, consisting of | 5437 |
| transfers of moneys authorized by the general assembly and | 5438 |
| revenues received by the Ohio facilities construction commission | 5439 |
| under section 123.21 of the Revised Code. Investment earnings on | 5440 |
| moneys in the fund shall be credited to the fund. Moneys in the | 5441 |
| fund may be used by the commission, in performing its duties under | 5442 |
| this chapter, to pay personnel and other administrative expenses, | 5443 |
| to pay the cost of preparing building design specifications, to | 5444 |
| pay the cost of providing project management services, and for | 5445 |
| other purposes determined by the commission to be necessary to | 5446 |
| fulfill its duties under this chapter. | 5447 |
| Sec. 123.21. (A) The Ohio facilities construction commission | 5448 |
| may perform any act and ensure the performance of any function | 5449 |
| necessary or appropriate to carry out the purposes of, and | 5450 |
| exercise the powers granted under this chapter or any other | 5451 |
| provision of the Revised Code, including any of the following: | 5452 |
| (1) Prepare, or contract to be prepared, by licensed | 5453 |
| engineers or architects, surveys, general and detailed plans, | 5454 |
| specifications, bills of materials, and estimates of cost for any | 5455 |
| projects, improvements, or public buildings to be constructed by | 5456 |
| state agencies that may be authorized by legislative | 5457 |
| appropriations or any other funds made available therefor, | 5458 |
| provided that the construction of the projects, improvements, or | 5459 |
| public buildings is a statutory duty of the commission. This | 5460 |
| section does not require the independent employment of an | 5461 |
| architect or engineer as provided by section 153.01 of the Revised | 5462 |
| Code in the cases to which section 153.01 of the Revised Code | 5463 |
| applies. This section does not affect or alter the existing powers | 5464 |
| of the director of transportation. | 5465 |
| (2) Have general supervision over the construction of any | 5466 |
| projects, improvements, or public buildings constructed for a | 5467 |
| state agency and over the inspection of materials prior to their | 5468 |
| incorporation into those projects, improvements, or buildings. | 5469 |
| (3) Make contracts for and supervise the design and | 5470 |
| construction of any projects and improvements or the construction | 5471 |
| and repair of buildings under the control of a state agency. All | 5472 |
| such contracts may be based in whole or in part on the unit price | 5473 |
| or maximum estimated cost, with payment computed and made upon | 5474 |
| actual quantities or units. | 5475 |
| (4) Enter into a lease-purchase agreement pursuant to section | 5476 |
| 123.25 of the Revised Code on behalf of a state agency, college, | 5477 |
| university, or instrumentality, or college preparatory boarding | 5478 |
| school. | 5479 |
| (5) Adopt, amend, and rescind rules pertaining to the | 5480 |
| administration of the construction of the public works of the | 5481 |
| state as required by law, in accordance with Chapter 119. of the | 5482 |
| Revised Code. | 5483 |
| (6) Contract with, retain the services of, or designate, and | 5484 |
| fix the compensation of, such agents, accountants, consultants, | 5485 |
| advisers, and other independent contractors as may be necessary or | 5486 |
| desirable to carry out the programs authorized under this chapter, | 5487 |
| or authorize the executive director to perform such powers and | 5488 |
| duties. | 5489 |
| (7) Receive and accept any gifts, grants, donations, and | 5490 |
| pledges, and receipts therefrom, to be used for the programs | 5491 |
| authorized under this chapter. | 5492 |
| (8) Make and enter into all contracts, commitments, and | 5493 |
| agreements, and execute all instruments, necessary or incidental | 5494 |
| to the performance of its duties and the execution of its rights | 5495 |
| and powers under this chapter, or authorize the executive director | 5496 |
| to perform such powers and duties. | 5497 |
| (9) Debar a contractor as provided in section 153.02 of the | 5498 |
| Revised Code. | 5499 |
| (B) The commission shall appoint and fix the compensation of | 5500 |
| an executive director who shall serve at the pleasure of the | 5501 |
| commission. The executive director shall exercise all powers that | 5502 |
| the commission possesses, supervise the operations of the | 5503 |
| commission, and perform such other duties as delegated by the | 5504 |
| commission. The executive director also shall employ and fix the | 5505 |
| compensation of such employees as will facilitate the activities | 5506 |
| and purposes of the commission, who shall serve at the pleasure of | 5507 |
| the executive director. | 5508 |
| (C) The attorney general shall serve as the legal | 5509 |
| representative for the commission and may appoint other counsel as | 5510 |
| necessary for that purpose in accordance with section 109.07 of | 5511 |
| the Revised Code. | 5512 |
| | 5513 |
| (1) "Construct" includes reconstruct, improve, renovate, | 5514 |
| enlarge, or otherwise alter. | 5515 |
| (2) "Energy consumption analysis" means the evaluation of all | 5516 |
| energy consuming systems, components, and equipment by demand and | 5517 |
| type of energy, including the internal energy load imposed on a | 5518 |
| facility by its occupants and the external energy load imposed by | 5519 |
| climatic conditions. | 5520 |
| (3) "Energy performance index" means a number describing the | 5521 |
| energy requirements of a facility per square foot of floor space | 5522 |
| or per cubic foot of occupied volume as appropriate under defined | 5523 |
| internal and external ambient conditions over an entire seasonal | 5524 |
| cycle. | 5525 |
| (4) "Facility" means a building or other structure, or part | 5526 |
| of a building or other structure, that includes provision for a | 5527 |
| heating, refrigeration, ventilation, cooling, lighting, hot water, | 5528 |
| or other major energy consuming system, component, or equipment. | 5529 |
| (5) "Life-cycle cost analysis" means a general approach to | 5530 |
| economic evaluation that takes into account all dollar costs | 5531 |
| related to owning, operating, maintaining, and ultimately | 5532 |
| disposing of a project over the appropriate study period. | 5533 |
| (6) "Political subdivision" means a county, township, | 5534 |
| municipal corporation, board of education of any school district, | 5535 |
| or any other body corporate and politic that is responsible for | 5536 |
| government activities in a geographic area smaller than that of | 5537 |
| the state. | 5538 |
| (7) "State funded" means funded in whole or in part through | 5539 |
| appropriation by the general assembly or through the use of any | 5540 |
| guarantee provided by this state. | 5541 |
| (8) "State institution of higher education" has the same | 5542 |
| meaning as in section 3345.011 of the Revised Code. | 5543 |
| (B) | 5544 |
| 5545 | |
| 5546 | |
| 5547 | |
| 5548 | |
| 5549 | |
| 5550 |
| The | 5551 |
|
develop energy efficiency and conservation programs | 5552 |
| 5553 |
| | 5554 |
| | 5555 |
| | 5556 |
| | 5557 |
| The | 5558 |
| public and private sources for carrying out any of its duties | 5559 |
| under this section. | 5560 |
| (C) No state agency, department, division, bureau, office, | 5561 |
| unit, board, commission, authority, quasi-governmental entity, or | 5562 |
|
institution | 5563 |
| 5564 | |
| 5565 | |
| leased or constructed, within the limits prescribed in this | 5566 |
| section, a state-funded facility, without a proper life-cycle cost | 5567 |
| analysis or, in the case of a lease, an energy consumption | 5568 |
| analysis, as computed or prepared by a qualified architect or | 5569 |
| engineer in accordance with the rules required by division (D) of | 5570 |
| this section. | 5571 |
| Construction shall proceed only upon the disclosure to the | 5572 |
| office, for the facility chosen, of the life-cycle costs as | 5573 |
| determined in this section and the capitalization of the initial | 5574 |
| construction costs of the building. The results of life-cycle cost | 5575 |
| analysis shall be a primary consideration in the selection of a | 5576 |
| building design. That analysis shall be required only for | 5577 |
| construction of buildings with an area of five thousand square | 5578 |
| feet or greater. An energy consumption analysis for the term of a | 5579 |
| proposed lease shall be required only for the leasing of an area | 5580 |
| of twenty thousand square feet or greater within a given building | 5581 |
| boundary. That analysis shall be a primary consideration in the | 5582 |
| selection of a facility to be leased. | 5583 |
| Nothing in this section shall deprive or limit any state | 5584 |
| agency that has review authority over design, construction, or | 5585 |
| leasing plans from requiring a life-cycle cost analysis or energy | 5586 |
| consumption analysis. | 5587 |
| (D) For the purposes of assisting the | 5588 |
| in its responsibility for state-funded facilities pursuant to | 5589 |
|
section
| 5590 |
| reducing the energy consumption of those and any other | 5591 |
| state-funded facilities, thereby promoting fiscal, economic, and | 5592 |
|
environmental benefits to this state, the | 5593 |
| promulgate rules specifying cost-effective, energy efficiency and | 5594 |
| conservation standards that may govern the lease, design, | 5595 |
| construction, operation, and maintenance of all state-funded | 5596 |
| facilities, except facilities of state institutions of higher | 5597 |
| education or facilities operated by a political subdivision. The | 5598 |
| office of energy efficiency in the department of development shall | 5599 |
| cooperate in providing information and technical expertise to the | 5600 |
| office of energy services to ensure promulgation of rules of | 5601 |
| maximum effectiveness. The standards prescribed by rules | 5602 |
| promulgated under this division may draw from or incorporate, by | 5603 |
| reference or otherwise and in whole or in part, standards already | 5604 |
| developed or implemented by any competent, public or private | 5605 |
| standards organization or program. The rules also may include any | 5606 |
| of the following: | 5607 |
| (1) Specifications for a life-cycle cost analysis that shall | 5608 |
| determine, for the economic life of such state-funded facility, | 5609 |
| the reasonably expected costs of facility ownership, operation, | 5610 |
| and maintenance including labor and materials. Life-cycle cost may | 5611 |
| be expressed as an annual cost for each year of the facility's | 5612 |
| use. | 5613 |
| A life-cycle cost analysis additionally may include an energy | 5614 |
| consumption analysis that conforms to division (D)(2) of this | 5615 |
| section. | 5616 |
| (2) Specifications for an energy consumption analysis of the | 5617 |
| facility's heating, refrigeration, ventilation, cooling, lighting, | 5618 |
| hot water, and other major energy consuming systems, components, | 5619 |
| and equipment. | 5620 |
| A life-cycle cost analysis and energy consumption analysis | 5621 |
| shall be based on the best currently available methods of | 5622 |
| analysis, such as those of the national institute of standards and | 5623 |
| technology, the United States department of energy or other | 5624 |
| federal agencies, professional societies, and directions developed | 5625 |
| by the department. | 5626 |
| (3) Specifications for energy performance indices, to be used | 5627 |
| to audit and evaluate competing design proposals submitted to the | 5628 |
| state. | 5629 |
| (4) A requirement that, not later than two years after April | 5630 |
| 6, 2007, each state-funded facility, except a facility of a state | 5631 |
| institution of higher education or a facility operated by a | 5632 |
| political subdivision, is managed by at least one building | 5633 |
| operator certified under the building operator certification | 5634 |
| program or any equivalent program or standards as shall be | 5635 |
| prescribed in the rules and considered reasonably equivalent. | 5636 |
| (5) An application process by which a manager of a specified | 5637 |
| state-funded facility, except a facility of a state institution of | 5638 |
| higher education or a facility operated by a political | 5639 |
| subdivision, may apply for a waiver of compliance with any | 5640 |
| provision of the rules required by divisions (D)(1) to (4) of this | 5641 |
| section. | 5642 |
| | 5643 |
| 5644 | |
| 5645 | |
| 5646 | |
| 5647 | |
| 5648 | |
| 5649 | |
| 5650 | |
| 5651 | |
| 5652 | |
| 5653 |
| | 5654 |
| 5655 |
| | 5656 |
| 5657 | |
| 5658 |
| | 5659 |
| 5660 |
| | 5661 |
| 5662 |
| | 5663 |
| 5664 | |
| 5665 | |
| 5666 |
| | 5667 |
| 5668 | |
| 5669 |
| | 5670 |
| 5671 | |
| 5672 | |
| 5673 |
| | 5674 |
| 5675 | |
| 5676 | |
| 5677 | |
| 5678 | |
| 5679 | |
| 5680 | |
| 5681 | |
| 5682 | |
| 5683 | |
| 5684 | |
| 5685 | |
| 5686 | |
| 5687 |
| | 5688 |
| 5689 | |
| 5690 | |
| 5691 |
| | 5692 |
| 5693 | |
| 5694 |
| | 5695 |
| 5696 |
| | 5697 |
| 5698 | |
| 5699 | |
| 5700 |
| | 5701 |
| 5702 | |
| 5703 | |
| 5704 |
| | 5705 |
| 5706 | |
| 5707 |
| | 5708 |
| office, unit, board, commission, authority, quasi-governmental | 5709 |
| entity, institution, and state institution of higher education | 5710 |
| shall comply with any applicable provision of this section or of a | 5711 |
|
rule promulgated pursuant to division (D) | 5712 |
| Sec. 123.23. (A) As used in this section, "public exigency" | 5713 |
| means an injury or obstruction that occurs in any public works of | 5714 |
| the state that materially impairs its immediate use or places in | 5715 |
| jeopardy property adjacent to it; an immediate danger of such an | 5716 |
| injury or obstruction; or an injury or obstruction, or an | 5717 |
| immediate danger of an injury or obstruction, that occurs during | 5718 |
| the process of construction of any public works and that | 5719 |
| materially impairs its immediate use or places in jeopardy | 5720 |
| property adjacent to it. | 5721 |
| (B) When a declaration of a public exigency is issued | 5722 |
| pursuant to division (C) of this section, the executive director | 5723 |
| of the Ohio facilities construction commission may enter into | 5724 |
| contracts with proper persons for the performance of labor, the | 5725 |
| furnishing of materials, or the construction of any structures and | 5726 |
| buildings necessary to the maintenance, control, and management of | 5727 |
| the public works of the state or any part of those public works. | 5728 |
| Any contracts awarded for the work performed pursuant to the | 5729 |
| declaration of a public exigency may be awarded without | 5730 |
| competitive bidding or selection as otherwise required by Chapter | 5731 |
| 153. of the Revised Code. | 5732 |
| (C) The executive director of the commission may issue a | 5733 |
| declaration of a public exigency on the executive director's own | 5734 |
| initiative, or upon the request of the director of any state | 5735 |
| agency, university, or instrumentality. The executive director's | 5736 |
| declaration shall identify the specific injury, obstruction, or | 5737 |
| danger that is the subject of the declaration and shall set forth | 5738 |
| a dollar limitation for the repair, removal, or prevention of that | 5739 |
| exigency under the declaration. | 5740 |
| Before any project to repair, remove, or prevent a public | 5741 |
| exigency under the executive director's declaration may begin, the | 5742 |
| executive director shall send notice of the project, in writing, | 5743 |
| to the director of budget and management and to the members of the | 5744 |
| controlling board. The notice shall detail the project to be | 5745 |
| undertaken to address the public exigency and shall include a copy | 5746 |
| of the director's declaration that establishes the monetary | 5747 |
| limitations on that project. | 5748 |
| | 5749 |
| of higher education" means a state university or college, as | 5750 |
| defined in section 3345.12 of the Revised Code, or a state | 5751 |
| community college. | 5752 |
| (B) | 5753 |
| Ohio facilities construction commission shall establish a local | 5754 |
| administration competency certification program to certify | 5755 |
| institutions of higher education to administer capital facilities | 5756 |
| projects pursuant to section 3345.51 of the Revised Code without | 5757 |
|
the supervision, control, or approval of the | 5758 |
| 5759 | |
| instruction in the administration of capital facilities projects | 5760 |
| for employees of institutions of higher education who are | 5761 |
| responsible for such administration and who are selected by their | 5762 |
| employing institutions to participate in the program. | 5763 |
| (C) The program shall provide instruction about the | 5764 |
| provisions of Chapters 9., 123., and 153. of the Revised Code and | 5765 |
|
any rules or policies adopted by the | 5766 |
| regarding the planning, design, and construction of capital | 5767 |
| facilities, including all of the following: | 5768 |
| (1) The planning, design, and construction process; | 5769 |
| (2) Contract requirements; | 5770 |
| (3) Construction management; | 5771 |
| (4) Project management. | 5772 |
| (D) The | 5773 |
| administration competency certification to any institution of | 5774 |
| higher education if all of the following apply: | 5775 |
| (1) The institution applied for certification on a form and | 5776 |
|
in a manner prescribed by the | 5777 |
| (2) The | 5778 |
| sufficient number of the institution's employees, representing a | 5779 |
| sufficient number of employee classifications, responsible for the | 5780 |
| administration of capital facilities projects have successfully | 5781 |
| completed the certification program to ensure that any capital | 5782 |
| facilities project undertaken by the institution will be | 5783 |
| administered successfully and in accordance with all provisions of | 5784 |
| the Revised Code, and the board of trustees of the institution | 5785 |
|
provides written assurance to the | 5786 |
| the institution will select new employees to participate in the | 5787 |
| certification program as necessary to compensate for employee | 5788 |
| turnover. | 5789 |
| (3) The | 5790 |
| employees of the institution enrolled in the program demonstrate | 5791 |
| successful completion of the competency certification training and | 5792 |
| a satisfactory level of knowledge of and competency in the | 5793 |
| requirements for administering capital facilities projects. | 5794 |
| (4) The institution pays the fee prescribed by division (F) | 5795 |
| of this section. | 5796 |
| (5) The board of trustees of the institution provides written | 5797 |
|
assurance to the | 5798 |
| will conduct biennial audits of the institution's administration | 5799 |
| of capital facilities projects in accordance with division (C) of | 5800 |
| section 3345.51 of the Revised Code. | 5801 |
| (6) The board of trustees of the institution agrees in | 5802 |
| writing to indemnify and hold harmless the state and the | 5803 |
| 5804 | |
| that results from the institution's administration of a capital | 5805 |
| facilities project. | 5806 |
| (E) Local administration competency certification granted | 5807 |
|
under this section shall remain in effect for as long as the | 5808 |
| 5809 |
| (1) The institution of higher education maintains a | 5810 |
| sufficient number of employees responsible for the administration | 5811 |
| of capital facilities projects who have successfully completed the | 5812 |
| certification program and have demonstrated a satisfactory level | 5813 |
| of knowledge of and competency in the requirements for | 5814 |
| administering capital facilities projects; | 5815 |
| (2) The institution is performing the biennial audits | 5816 |
| prescribed in division (C) of section 3345.51 of the Revised Code. | 5817 |
| If the | 5818 |
| institution of higher education has failed to comply with the | 5819 |
|
conditions of division (E)(1) or (2) of this section, the | 5820 |
| 5821 | |
| and shall notify the board of trustees of the institution in | 5822 |
| writing of the revocation. | 5823 |
| (F) The | 5824 |
| to the approval of the director of budget and management, the | 5825 |
| amount of the fee required to be paid by any institution of higher | 5826 |
| education that seeks certification under this section. The amount | 5827 |
| of the fees shall be set to cover the costs to implement this | 5828 |
| section, including the costs for materials and the competency | 5829 |
| certification training sessions. Any fees received under this | 5830 |
| section shall be paid into the state treasury to the credit of the | 5831 |
| 5832 | |
| 5833 |
| (G) Nothing in this section shall prohibit an institution | 5834 |
| that administers a capital facilities project under section | 5835 |
| 3345.51 of the Revised Code from requesting guidance or other | 5836 |
|
services from the | 5837 |
| commission. | 5838 |
| Sec. 123.25. The Ohio facilities construction commission may | 5839 |
| enter into a lease-purchase agreement providing for the | 5840 |
| construction, renovation, or addition and eventual acquisition of | 5841 |
| a building or improvements to a building for any state agency. The | 5842 |
| agreement shall provide for a lease for a series of two-year | 5843 |
| renewable lease terms totaling not more than thirty years. The | 5844 |
| agreement shall provide that at the end of the series of lease | 5845 |
| terms under the agreement, the title to the leased property shall | 5846 |
| be vested in the state if all obligations of the state under the | 5847 |
| agreement have been satisfied. Payments under the agreement may be | 5848 |
| deemed to be, and paid as, current operating expenses. | 5849 |
| The commission may lease for a period not to exceed thirty | 5850 |
| years real estate owned by the state to any person or political | 5851 |
| subdivision of the state approved by the commission, provided that | 5852 |
| the lease requires the lessee under a lease-purchase or | 5853 |
| lease-leaseback agreement to construct buildings, structures, and | 5854 |
| other improvements for any public purpose or private use for the | 5855 |
| benefit of government, or to alter, renovate, repair, expand, and | 5856 |
| improve the property as the property exists on the date of the | 5857 |
| lease, and, in conjunction therewith, to grant leases, easements, | 5858 |
| or licenses for lands under the control of a state agency for a | 5859 |
| period not to exceed forty years. The lease-leaseback or | 5860 |
| lease-purchase plan shall provide that at the end of the lease | 5861 |
| period, the buildings, structures, and related improvements, | 5862 |
| together with the land on which they are situated, shall become | 5863 |
| the property of the state without cost. In addition, the lease | 5864 |
| shall contain provisions requiring the lessee to lease to the | 5865 |
| state such space in any building or structure on the property that | 5866 |
| the commission considers necessary. | 5867 |
| Sec. 123.26. (A) The executive director of the Ohio | 5868 |
| facilities construction commission shall regulate the rate of | 5869 |
| tolls to be collected on the construction or improvement of the | 5870 |
| public works of the state, and shall fix all rentals and collect | 5871 |
| all tolls, rents, fines, commissions, fees, and other revenues | 5872 |
| arising from any source in the construction or improvement of the | 5873 |
| public works of the state. | 5874 |
| (B) Deposits made to the commission's fund in the state | 5875 |
| treasury under section 123.201 of the Revised Code shall consist | 5876 |
| of money received by the commission under division (A) of this | 5877 |
| section, fees paid under section 123.24 of the Revised Code, | 5878 |
| transfers of money to the fund authorized by the general assembly, | 5879 |
| and such amount of the investment earnings of the administrative | 5880 |
| building fund created in division (F) of section 154.24 of the | 5881 |
| Revised Code as the director of budget and management determines | 5882 |
| to be appropriate and in excess of the amounts required to meet | 5883 |
| estimated federal arbitrage rebate requirements. Money in the fund | 5884 |
| shall be used by the commission for the following purposes: | 5885 |
| (1) To pay personnel and other administrative expenses of the | 5886 |
| commission; | 5887 |
| (2) To pay the cost of conducting evaluations of public | 5888 |
| works; | 5889 |
| (3) To pay the cost of building design specifications; | 5890 |
| (4) To pay the cost of providing project management services; | 5891 |
| (5) To pay the cost of operating the local administration | 5892 |
| competency certification program prescribed by section 123.24 of | 5893 |
| the Revised Code; and | 5894 |
| (6) Any other purposes that the executive director of the | 5895 |
| commission determines to be necessary for the commission to | 5896 |
| execute its duties under this chapter. | 5897 |
| | 5898 |
| "Capital facilities project" means the construction, | 5899 |
| reconstruction, improvement, enlargement, alteration, or repair of | 5900 |
| a building by a public entity. | 5901 |
| "Public entity" includes a state agency and a state | 5902 |
| institution of higher education. | 5903 |
| "State institution of higher education" has the same meaning | 5904 |
| as in section 3345.011 of the Revised Code. | 5905 |
| (B) Commencing not later than July 1, 2012, and upon | 5906 |
| completion of a capital facilities project that is funded wholly | 5907 |
| or in part using state funds, each public entity shall submit a | 5908 |
| report about the project to the executive director of | 5909 |
| 5910 | |
| commission. The report shall be submitted in Ohio administrative | 5911 |
| knowledge system capital improvement format or in a manner | 5912 |
| determined by the executive director and not later than thirty | 5913 |
| days after the project is complete. The report shall provide the | 5914 |
| total original contract bid, total cost of change orders, total | 5915 |
| actual cost of the project, total costs incurred for mediation and | 5916 |
| litigation services, and any other data requested by the executive | 5917 |
| director. The first report submitted pursuant to this division | 5918 |
| shall include information about any capital facilities project | 5919 |
| completed on or after July 1, 2011. Any capital facilities project | 5920 |
| that is funded wholly or in part through appropriations made to | 5921 |
| the Ohio school facilities commission, the Ohio public works | 5922 |
| commission, or the Ohio cultural facilities commission, or for | 5923 |
| which a joint use agreement has been entered into with any public | 5924 |
| entity, is exempt from the reporting requirement prescribed under | 5925 |
| this division. | 5926 |
| (C) Commencing not later than July 1, 2012, and annually | 5927 |
| thereafter, the attorney general shall report to the executive | 5928 |
| director of the Ohio facilities construction commission on any | 5929 |
| mediation and litigation costs associated with capital facilities | 5930 |
| projects for which a judgment has been rendered. The report shall | 5931 |
| be submitted in a manner prescribed by the executive director and | 5932 |
| shall contain any information requested by the executive director | 5933 |
| related to capital facilities project mediation and litigation | 5934 |
| costs. | 5935 |
| (D) As soon as practicable after such information is made | 5936 |
|
available, the executive director of | 5937 |
| Ohio facilities construction commission shall incorporate the | 5938 |
| information reported pursuant to divisions (B) and (C) of this | 5939 |
| section into the Ohio administrative knowledge system. | 5940 |
| Sec. 123.51. The state may enter into a sale and leaseback | 5941 |
| agreement under which the state agrees to convey a state-owned | 5942 |
| building to a purchaser who is obligated, immediately upon | 5943 |
| closing, to lease the building back to the state. The sale and | 5944 |
| leaseback agreement shall obligate the lessor to make improvements | 5945 |
| to the building, including renovations, energy conservation | 5946 |
| measures, and other measures that are necessary to improve the | 5947 |
| functionality and reduce the operating costs of the building. | 5948 |
| The authority granted by this section is not subject to the | 5949 |
| limitations imposed by section 123.01 of the Revised Code. | 5950 |
| Sec. 124.04. In addition to those powers enumerated in | 5951 |
| Chapters 123. and 125. of the Revised Code and as provided | 5952 |
| elsewhere by law, the powers, duties, and functions of the | 5953 |
| department of administrative services not specifically vested in | 5954 |
| and assigned to, or to be performed by, the state personnel board | 5955 |
| of review are hereby vested in and assigned to, and shall be | 5956 |
| performed by, the director of administrative services. These | 5957 |
| powers, duties, and functions shall include, but shall not be | 5958 |
| limited to, the following powers, duties, and functions: | 5959 |
| (A) To prepare, conduct, and grade all competitive | 5960 |
|
examinations for positions in the classified | 5961 |
| state; | 5962 |
| (B) To prepare, conduct, and grade all noncompetitive | 5963 |
|
examinations for positions in the classified | 5964 |
| state; | 5965 |
| (C) To prepare eligible lists containing the names of persons | 5966 |
|
qualified for appointment to positions in the classified
| 5967 |
| service of the state; | 5968 |
| (D) To prepare or amend, in accordance with section 124.14 of | 5969 |
| the Revised Code, specifications descriptive of duties, | 5970 |
| responsibilities, requirements, and desirable qualifications of | 5971 |
|
the various classifications of positions in the | 5972 |
| the state; | 5973 |
| (E) To allocate and reallocate, upon the motion of the | 5974 |
| director or upon request of an appointing authority and in | 5975 |
| accordance with section 124.14 of the Revised Code, any position, | 5976 |
|
office, or employment in the | 5977 |
| appropriate classification on the basis of the duties, | 5978 |
| responsibilities, requirements, and qualifications of that | 5979 |
| position, office, or employment; | 5980 |
| (F) To develop and conduct personnel recruitment services and | 5981 |
| assist appointing authorities in recruiting qualified applicants | 5982 |
|
for positions in the | 5983 |
| (G) To conduct research on specifications, classifications, | 5984 |
|
and salaries of positions in the | 5985 |
| (H) To develop and conduct personnel training programs, | 5986 |
| including supervisory training programs and best practices plans, | 5987 |
| and to develop merit hiring processes, in cooperation with | 5988 |
| appointing authorities for positions in the service of the state; | 5989 |
| (I) To include periodically in communications sent to state | 5990 |
| employees both of the following: | 5991 |
| (1) Information developed under section 2108.34 of the | 5992 |
| Revised Code promoting the donation of anatomical gifts under | 5993 |
| Chapter 2108. of the Revised Code; | 5994 |
| (2) Information about the liver or kidney donor and bone | 5995 |
| marrow donor leave granted under section 124.139 of the Revised | 5996 |
| Code. | 5997 |
| (J) To enter into agreements with universities and colleges | 5998 |
| for in-service training of officers and employees in the civil | 5999 |
|
service
| 6000 |
| 6001 |
| (K) To appoint examiners, inspectors, clerks, and other | 6002 |
| assistants necessary in the exercise of the powers and performance | 6003 |
| of the duties and functions which the director is by law | 6004 |
| authorized and required to exercise and perform, and to prescribe | 6005 |
| the duties of all of those employees; | 6006 |
| (L) To maintain a journal, which shall be open to public | 6007 |
| inspection, in which the director shall keep a record of the | 6008 |
| director's final decision pertaining to the classification or | 6009 |
| reclassification of positions in the classified civil service of | 6010 |
| the state and assignment or reassignment of employees in the | 6011 |
| classified civil service of the state to specific position | 6012 |
| classifications; | 6013 |
| (M) To delegate any of the powers, functions, or duties | 6014 |
| granted or assigned to the director under this chapter to any | 6015 |
| other state agency of this state as the director considers | 6016 |
| necessary; | 6017 |
| (N) To delegate any of the powers, functions, or duties | 6018 |
| granted or assigned to the director under this chapter to any | 6019 |
| political subdivision with the concurrence of the legislative | 6020 |
| authority of the political subdivision. | 6021 |
| (O) To administer a state equal employment opportunity | 6022 |
| program. | 6023 |
| Sec. 124.06. No person shall be appointed, removed, | 6024 |
| transferred, laid off, suspended, reinstated, promoted, or reduced | 6025 |
| as an officer or employee in the civil service, in any manner or | 6026 |
| by any means other than those prescribed in this chapter, and the | 6027 |
| rules of the director of administrative services for positions in | 6028 |
| the service of the state or the municipal or civil service | 6029 |
| township civil service commission within their respective | 6030 |
| jurisdictions. | 6031 |
| Sec. 124.11. The civil service of the state and the several | 6032 |
| counties, cities, civil service townships, city health districts, | 6033 |
| general health districts, and city school districts of the state | 6034 |
| shall be divided into the unclassified service and the classified | 6035 |
| service. | 6036 |
| (A) The unclassified service shall comprise the following | 6037 |
| positions, which shall not be included in the classified service, | 6038 |
| and which shall be exempt from all examinations required by this | 6039 |
| chapter: | 6040 |
| (1) All officers elected by popular vote or persons appointed | 6041 |
| to fill vacancies in those offices; | 6042 |
| (2) All election officers as defined in section 3501.01 of | 6043 |
| the Revised Code; | 6044 |
| (3)(a) The members of all boards and commissions, and heads | 6045 |
| of principal departments, boards, and commissions appointed by the | 6046 |
| governor or by and with the governor's consent; | 6047 |
| (b) The heads of all departments appointed by a board of | 6048 |
| county commissioners; | 6049 |
| (c) The members of all boards and commissions and all heads | 6050 |
| of departments appointed by the mayor, or, if there is no mayor, | 6051 |
| such other similar chief appointing authority of any city or city | 6052 |
| school district; | 6053 |
| Except as otherwise provided in division (A)(17) or (C) of | 6054 |
| this section, this chapter does not exempt the chiefs of police | 6055 |
| departments and chiefs of fire departments of cities or civil | 6056 |
| service townships from the competitive classified service. | 6057 |
| (4) The members of county or district licensing boards or | 6058 |
| commissions and boards of revision, and not more than five deputy | 6059 |
| county auditors; | 6060 |
| (5) All officers and employees elected or appointed by either | 6061 |
| or both branches of the general assembly, and employees of the | 6062 |
| city legislative authority engaged in legislative duties; | 6063 |
| (6) All commissioned, warrant, and noncommissioned officers | 6064 |
| and enlisted persons in the Ohio organized militia, including | 6065 |
| military appointees in the adjutant general's department; | 6066 |
| (7)(a) All presidents, business managers, administrative | 6067 |
| officers, superintendents, assistant superintendents, principals, | 6068 |
| deans, assistant deans, instructors, teachers, and such employees | 6069 |
| as are engaged in educational or research duties connected with | 6070 |
| the public school system, colleges, and universities, as | 6071 |
| determined by the governing body of the public school system, | 6072 |
| colleges, and universities; | 6073 |
| (b) The library staff of any library in the state supported | 6074 |
| wholly or in part at public expense. | 6075 |
| (8) Four clerical and administrative support employees for | 6076 |
| each of the elective state officers, four clerical and | 6077 |
| administrative support employees for each board of county | 6078 |
| commissioners and one such employee for each county commissioner, | 6079 |
| and four clerical and administrative support employees for other | 6080 |
| elective officers and each of the principal appointive executive | 6081 |
| officers, boards, or commissions, except for civil service | 6082 |
| commissions, that are authorized to appoint such clerical and | 6083 |
| administrative support employees; | 6084 |
| (9) The deputies and assistants of state agencies authorized | 6085 |
| to act for and on behalf of the agency, or holding a fiduciary or | 6086 |
| administrative relation to that agency and those persons employed | 6087 |
| by and directly responsible to elected county officials or a | 6088 |
| county administrator and holding a fiduciary or administrative | 6089 |
| relationship to such elected county officials or county | 6090 |
| administrator, and the employees of such county officials whose | 6091 |
| fitness would be impracticable to determine by competitive | 6092 |
| examination, provided that division (A)(9) of this section shall | 6093 |
| not affect those persons in county employment in the classified | 6094 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 6095 |
| this section applies to any position in a county department of job | 6096 |
| and family services created pursuant to Chapter 329. of the | 6097 |
| Revised Code. | 6098 |
| (10) Bailiffs, constables, official stenographers, and | 6099 |
| commissioners of courts of record, deputies of clerks of the | 6100 |
| courts of common pleas who supervise or who handle public moneys | 6101 |
| or secured documents, and such officers and employees of courts of | 6102 |
| record and such deputies of clerks of the courts of common pleas | 6103 |
|
as the | 6104 |
| finds it impracticable to determine their fitness by competitive | 6105 |
| examination; | 6106 |
| (11) Assistants to the attorney general, special counsel | 6107 |
| appointed or employed by the attorney general, assistants to | 6108 |
| county prosecuting attorneys, and assistants to city directors of | 6109 |
| law; | 6110 |
| (12) Such teachers and employees in the agricultural | 6111 |
| experiment stations; such students in normal schools, colleges, | 6112 |
| and universities of the state who are employed by the state or a | 6113 |
| political subdivision of the state in student or intern | 6114 |
| classifications; and such unskilled labor positions as the | 6115 |
| director of administrative services, with respect to positions in | 6116 |
| the service of the state, or any municipal civil service | 6117 |
| commission may find it impracticable to include in the competitive | 6118 |
| classified service; provided such exemptions shall be by order of | 6119 |
| the commission or the director, duly entered on the record of the | 6120 |
| commission or the director with the reasons for each such | 6121 |
| exemption; | 6122 |
| (13) Any physician or dentist who is a full-time employee of | 6123 |
| the department of mental health, the department of developmental | 6124 |
| disabilities, or an institution under the jurisdiction of either | 6125 |
| department; and physicians who are in residency programs at the | 6126 |
| institutions; | 6127 |
| (14) Up to twenty positions at each institution under the | 6128 |
| jurisdiction of the department of mental health or the department | 6129 |
| of developmental disabilities that the department director | 6130 |
| determines to be primarily administrative or managerial; and up to | 6131 |
| fifteen positions in any division of either department, excluding | 6132 |
| administrative assistants to the director and division chiefs, | 6133 |
| which are within the immediate staff of a division chief and which | 6134 |
| the director determines to be primarily and distinctively | 6135 |
| administrative and managerial; | 6136 |
| (15) Noncitizens of the United States employed by the state, | 6137 |
| or its counties or cities, as physicians or nurses who are duly | 6138 |
| licensed to practice their respective professions under the laws | 6139 |
| of this state, or medical assistants, in mental or chronic disease | 6140 |
| hospitals, or institutions; | 6141 |
| (16) Employees of the governor's office; | 6142 |
| (17) Fire chiefs and chiefs of police in civil service | 6143 |
| townships appointed by boards of township trustees under section | 6144 |
| 505.38 or 505.49 of the Revised Code; | 6145 |
| (18) Executive directors, deputy directors, and program | 6146 |
| directors employed by boards of alcohol, drug addiction, and | 6147 |
| mental health services under Chapter 340. of the Revised Code, and | 6148 |
| secretaries of the executive directors, deputy directors, and | 6149 |
| program directors; | 6150 |
| (19) Superintendents, and management employees as defined in | 6151 |
| section 5126.20 of the Revised Code, of county boards of | 6152 |
| developmental disabilities; | 6153 |
| (20) Physicians, nurses, and other employees of a county | 6154 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 6155 |
| of the Revised Code; | 6156 |
| (21) The executive director of the state medical board, who | 6157 |
| is appointed pursuant to division (B) of section 4731.05 of the | 6158 |
| Revised Code; | 6159 |
| (22) County directors of job and family services as provided | 6160 |
| in section 329.02 of the Revised Code and administrators appointed | 6161 |
| under section 329.021 of the Revised Code; | 6162 |
| (23) A director of economic development who is hired pursuant | 6163 |
| to division (A) of section 307.07 of the Revised Code; | 6164 |
| (24) Chiefs of construction and compliance, of operations and | 6165 |
| maintenance, of worker protection, and of licensing and | 6166 |
|
certification in the division of | 6167 |
| the department of commerce; | 6168 |
| (25) The executive director of a county transit system | 6169 |
| appointed under division (A) of section 306.04 of the Revised | 6170 |
| Code; | 6171 |
| (26) Up to five positions at each of the administrative | 6172 |
| departments listed in section 121.02 of the Revised Code and at | 6173 |
| the department of taxation, department of the adjutant general, | 6174 |
| department of education, Ohio board of regents, bureau of workers' | 6175 |
| compensation, industrial commission, state lottery commission, and | 6176 |
| public utilities commission of Ohio that the head of that | 6177 |
| administrative department or of that other state agency determines | 6178 |
| to be involved in policy development and implementation. The head | 6179 |
| of the administrative department or other state agency shall set | 6180 |
| the compensation for employees in these positions at a rate that | 6181 |
| is not less than the minimum compensation specified in pay range | 6182 |
| 41 but not more than the maximum compensation specified in pay | 6183 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 6184 |
| Code. The authority to establish positions in the unclassified | 6185 |
| service under division (A)(26) of this section is in addition to | 6186 |
| and does not limit any other authority that an administrative | 6187 |
| department or state agency has under the Revised Code to establish | 6188 |
| positions, appoint employees, or set compensation. | 6189 |
| (27) Employees of the department of agriculture employed | 6190 |
| under section 901.09 of the Revised Code; | 6191 |
| (28) For cities, counties, civil service townships, city | 6192 |
| health districts, general health districts, and city school | 6193 |
| districts, the deputies and assistants of elective or principal | 6194 |
| executive officers authorized to act for and in the place of their | 6195 |
| principals or holding a fiduciary relation to their principals; | 6196 |
| (29) Employees who receive intermittent or temporary | 6197 |
| appointments under division (B) of section 124.30 of the Revised | 6198 |
| Code; | 6199 |
| (30) Employees appointed to administrative staff positions | 6200 |
| for which an appointing authority is given specific statutory | 6201 |
| authority to set compensation; | 6202 |
| (31) Employees appointed to highway patrol cadet or highway | 6203 |
| patrol cadet candidate classifications; | 6204 |
| (32) Employees placed in the unclassified service by another | 6205 |
| section of the Revised Code. | 6206 |
| (B) The classified service shall comprise all persons in the | 6207 |
| employ of the state and the several counties, cities, city health | 6208 |
| districts, general health districts, and city school districts of | 6209 |
| the state, not specifically included in the unclassified service. | 6210 |
| Upon the creation by the board of trustees of a civil service | 6211 |
| township civil service commission, the classified service shall | 6212 |
| also comprise, except as otherwise provided in division (A)(17) or | 6213 |
| (C) of this section, all persons in the employ of a civil service | 6214 |
| township police or fire department having ten or more full-time | 6215 |
| paid employees. The classified service consists of two classes, | 6216 |
| which shall be designated as the competitive class and the | 6217 |
| unskilled labor class. | 6218 |
| (1) The competitive class shall include all positions and | 6219 |
| employments in the state and the counties, cities, city health | 6220 |
| districts, general health districts, and city school districts of | 6221 |
| the state, and, upon the creation by the board of trustees of a | 6222 |
| civil service township of a township civil service commission, all | 6223 |
| positions in a civil service township police or fire department | 6224 |
| having ten or more full-time paid employees, for which it is | 6225 |
| practicable to determine the merit and fitness of applicants by | 6226 |
| competitive examinations. Appointments shall be made to, or | 6227 |
| employment shall be given in, all positions in the competitive | 6228 |
| class that are not filled by promotion, reinstatement, transfer, | 6229 |
| or reduction, as provided in this chapter, and the rules of the | 6230 |
| director of administrative services, by appointment from those | 6231 |
| certified to the appointing officer in accordance with this | 6232 |
| chapter. | 6233 |
| (2) The unskilled labor class shall include ordinary | 6234 |
| unskilled laborers. Vacancies in the labor class for positions in | 6235 |
| service of the state shall be filled by appointment from lists of | 6236 |
| applicants registered by the director or the director's designee. | 6237 |
| Vacancies in the labor class for all other positions shall be | 6238 |
| filled by appointment from lists of applicants registered by a | 6239 |
| commission. The director or the commission, as applicable, by | 6240 |
| rule, shall require an applicant for registration in the labor | 6241 |
| class to furnish evidence or take tests as the director or | 6242 |
| commission considers proper with respect to age, residence, | 6243 |
| physical condition, ability to labor, honesty, sobriety, industry, | 6244 |
| capacity, and experience in the work or employment for which | 6245 |
| application is made. Laborers who fulfill the requirements shall | 6246 |
| be placed on the eligible list for the kind of labor or employment | 6247 |
| sought, and preference shall be given in employment in accordance | 6248 |
| with the rating received from that evidence or in those tests. | 6249 |
| Upon the request of an appointing officer, stating the kind of | 6250 |
| labor needed, the pay and probable length of employment, and the | 6251 |
| number to be employed, the director or commission, as applicable, | 6252 |
| shall certify from the highest on the list double the number to be | 6253 |
| employed; from this number, the appointing officer shall appoint | 6254 |
| the number actually needed for the particular work. If more than | 6255 |
| one applicant receives the same rating, priority in time of | 6256 |
| application shall determine the order in which their names shall | 6257 |
| be certified for appointment. | 6258 |
| (C) A municipal or civil service township civil service | 6259 |
| commission may place volunteer firefighters who are paid on a | 6260 |
| fee-for-service basis in either the classified or the unclassified | 6261 |
| civil service. | 6262 |
| (D)(1) This division does not apply to persons in the | 6263 |
| unclassified service who have the right to resume positions in the | 6264 |
| classified service under sections 4121.121, 5119.071, 5120.38, | 6265 |
| 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised | 6266 |
| Code. | 6267 |
| | 6268 |
| 6269 | |
| 6270 | |
| 6271 | |
| 6272 | |
| 6273 | |
| service and who is appointed to a position in the unclassified | 6274 |
| service shall retain the right to resume the position and status | 6275 |
| held by the person in the classified service immediately prior to | 6276 |
| the person's appointment to the position in the unclassified | 6277 |
| service, regardless of the number of positions the person held in | 6278 |
| the unclassified service. An employee's right to resume a position | 6279 |
| in the classified service may only be exercised when an appointing | 6280 |
| authority demotes the employee to a pay range lower than the | 6281 |
| employee's current pay range or revokes the employee's appointment | 6282 |
|
to the unclassified service | 6283 |
| (a) That person held a certified position prior to July 1, | 6284 |
| 2007, in the classified service within the appointing authority's | 6285 |
| agency; or | 6286 |
| (b) That person held a permanent position on or after July 1, | 6287 |
| 2007, in the classified service within the appointing authority's | 6288 |
| agency. | 6289 |
| (3) An employee forfeits the right to resume a position in | 6290 |
|
the classified service when | 6291 |
| (a) The employee is removed from the position in the | 6292 |
| unclassified service due to incompetence, inefficiency, | 6293 |
| dishonesty, drunkenness, immoral conduct, insubordination, | 6294 |
| discourteous treatment of the public, neglect of duty, violation | 6295 |
| of this chapter or the rules of the director of administrative | 6296 |
| services, any other failure of good behavior, any other acts of | 6297 |
| misfeasance, malfeasance, or nonfeasance in office, or conviction | 6298 |
|
of a felony | 6299 |
| 6300 |
| (b) Upon transfer to a different agency. | 6301 |
| (4) Reinstatement to a position in the classified service | 6302 |
| shall be to a position substantially equal to that position in the | 6303 |
| classified service held previously, as certified by the director | 6304 |
| of administrative services. If the position the person previously | 6305 |
| held in the classified service has been placed in the unclassified | 6306 |
| service or is otherwise unavailable, the person shall be appointed | 6307 |
| to a position in the classified service within the appointing | 6308 |
| authority's agency that the director of administrative services | 6309 |
| certifies is comparable in compensation to the position the person | 6310 |
| previously held in the classified service. Service in the position | 6311 |
| in the unclassified service shall be counted as service in the | 6312 |
| position in the classified service held by the person immediately | 6313 |
| prior to the person's appointment to the position in the | 6314 |
| unclassified service. When a person is reinstated to a position in | 6315 |
| the classified service as provided in this division, the person is | 6316 |
| entitled to all rights, status, and benefits accruing to the | 6317 |
| position in the classified service during the person's time of | 6318 |
| service in the position in the unclassified service. | 6319 |
| Sec. 124.12. (A) Within ninety days after an appointing | 6320 |
| authority appoints an employee to an unclassified position in the | 6321 |
| service of the state, the appointing authority shall notify the | 6322 |
| department of administrative services of that appointment. | 6323 |
| (B) On the date an appointing authority appoints an employee | 6324 |
| to an unclassified position in the state service, the appointing | 6325 |
| authority shall provide the employee with written information | 6326 |
| describing the nature of employment in the unclassified civil | 6327 |
| service. Within thirty days after the date an appointing authority | 6328 |
| appoints an employee to an unclassified position in the state | 6329 |
| service, the appointing authority shall provide the employee with | 6330 |
| written information describing the duties of that position. | 6331 |
| Failure of the appointing authority to provide the written | 6332 |
| information described in this division to the employee does not | 6333 |
| confer any additional rights upon the employee in any appellate | 6334 |
| body with jurisdiction over an appeal of the employee. | 6335 |
| (C) The department shall develop and provide each appointing | 6336 |
|
authority in the | 6337 |
| description of the nature of employment in the unclassified civil | 6338 |
| service that shall be provided to employees under division (B) of | 6339 |
| this section. | 6340 |
| Sec. 124.14. (A)(1) The director of administrative services | 6341 |
| shall establish, and may modify or rescind, by rule, a job | 6342 |
| classification plan for all positions, offices, and employments | 6343 |
| the salaries of which are paid in whole or in part by the state. | 6344 |
| The director shall group jobs within a classification so that the | 6345 |
| positions are similar enough in duties and responsibilities to be | 6346 |
| described by the same title, to have the same pay assigned with | 6347 |
| equity, and to have the same qualifications for selection applied. | 6348 |
| The director shall, by rule, assign a classification title to each | 6349 |
| classification within the classification plan. However, the | 6350 |
| director shall consider in establishing classifications, including | 6351 |
| classifications with parenthetical titles, and assigning pay | 6352 |
| ranges such factors as duties performed only on one shift, special | 6353 |
| skills in short supply in the labor market, recruitment problems, | 6354 |
| separation rates, comparative salary rates, the amount of training | 6355 |
| required, and other conditions affecting employment. The director | 6356 |
| shall describe the duties and responsibilities of the class, | 6357 |
| establish the qualifications for being employed in each position | 6358 |
| in the class, and file with the secretary of state a copy of | 6359 |
| specifications for all of the classifications. The director shall | 6360 |
| file new, additional, or revised specifications with the secretary | 6361 |
| of state before they are used. | 6362 |
| The director shall, by rule, assign each classification, | 6363 |
| either on a statewide basis or in particular counties or state | 6364 |
| institutions, to a pay range established under section 124.15 or | 6365 |
| section 124.152 of the Revised Code. The director may assign a | 6366 |
| classification to a pay range on a temporary basis for a period of | 6367 |
| six months. The director may establish, by rule adopted under | 6368 |
| Chapter 119. of the Revised Code, experimental classification | 6369 |
| plans for some or all employees paid directly by warrant of the | 6370 |
| director of budget and management. The rule shall include | 6371 |
| specifications for each classification within the plan and shall | 6372 |
| specifically address compensation ranges, and methods for | 6373 |
| advancing within the ranges, for the classifications, which may be | 6374 |
| assigned to pay ranges other than the pay ranges established under | 6375 |
| section 124.15 or 124.152 of the Revised Code. | 6376 |
| (2) The director of administrative services may reassign to a | 6377 |
| proper classification those positions that have been assigned to | 6378 |
| an improper classification. If the compensation of an employee in | 6379 |
| such a reassigned position exceeds the maximum rate of pay for the | 6380 |
| employee's new classification, the employee shall be placed in pay | 6381 |
| step X and shall not receive an increase in compensation until the | 6382 |
| maximum rate of pay for that classification exceeds the employee's | 6383 |
| compensation. | 6384 |
| (3) The director may reassign an exempt employee, as defined | 6385 |
| in section 124.152 of the Revised Code, to a bargaining unit | 6386 |
| classification if the director determines that the bargaining unit | 6387 |
| classification is the proper classification for that employee. | 6388 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 6389 |
| and contracts negotiated under it, these placements are at the | 6390 |
| director's discretion. | 6391 |
| (4) The director shall, by rule, assign related | 6392 |
| classifications, which form a career progression, to a | 6393 |
| classification series. The director shall, by rule, assign each | 6394 |
| classification in the classification plan a five-digit number, the | 6395 |
| first four digits of which shall denote the classification series | 6396 |
| to which the classification is assigned. When a career progression | 6397 |
| encompasses more than ten classifications, the director shall, by | 6398 |
| rule, identify the additional classifications belonging to a | 6399 |
| classification series. The additional classifications shall be | 6400 |
| part of the classification series, notwithstanding the fact that | 6401 |
| the first four digits of the number assigned to the additional | 6402 |
| classifications do not correspond to the first four digits of the | 6403 |
| numbers assigned to other classifications in the classification | 6404 |
| series. | 6405 |
| | 6406 |
| 6407 | |
| 6408 | |
| 6409 | |
| 6410 | |
| 6411 | |
| 6412 | |
| 6413 | |
| 6414 | |
| 6415 | |
| 6416 | |
| 6417 | |
| 6418 | |
| 6419 | |
| 6420 | |
| 6421 |
| (B) Division (A) of this section and sections 124.15 and | 6422 |
| 124.152 of the Revised Code do not apply to the following persons, | 6423 |
| positions, offices, and employments: | 6424 |
| (1) Elected officials; | 6425 |
| (2) Legislative employees, employees of the legislative | 6426 |
| service commission, employees in the office of the governor, | 6427 |
| employees who are in the unclassified civil service and exempt | 6428 |
| from collective bargaining coverage in the office of the secretary | 6429 |
| of state, auditor of state, treasurer of state, and attorney | 6430 |
| general, and employees of the supreme court; | 6431 |
| (3) Employees of a county children services board that | 6432 |
| establishes compensation rates under section 5153.12 of the | 6433 |
| Revised Code; | 6434 |
| (4) Any position for which the authority to determine | 6435 |
| compensation is given by law to another individual or entity; | 6436 |
| (5) Employees of the bureau of workers' compensation whose | 6437 |
| compensation the administrator of workers' compensation | 6438 |
| establishes under division (B) of section 4121.121 of the Revised | 6439 |
| Code. | 6440 |
| (C) The director may employ a consulting agency to aid and | 6441 |
| assist the director in carrying out this section. | 6442 |
| (D)(1) When the director proposes to modify a classification | 6443 |
| or the assignment of classes to appropriate pay ranges, the | 6444 |
| director shall send written notice of the proposed rule to the | 6445 |
| appointing authorities of the affected employees thirty days | 6446 |
| before a hearing on the proposed rule. The appointing authorities | 6447 |
| shall notify the affected employees regarding the proposed rule. | 6448 |
| The director also shall send those appointing authorities notice | 6449 |
| of any final rule that is adopted within ten days after adoption. | 6450 |
| (2) When the director proposes to reclassify any employee so | 6451 |
| that the employee is adversely affected, the director shall give | 6452 |
| to the employee affected and to the employee's appointing | 6453 |
| authority a written notice setting forth the proposed new | 6454 |
| classification, pay range, and salary. Upon the request of any | 6455 |
| classified employee in the service of the state who is not serving | 6456 |
| in a probationary period, the director shall perform a job audit | 6457 |
| to review the classification of the employee's position to | 6458 |
| determine whether the position is properly classified. The | 6459 |
| director shall give to the employee affected and to the employee's | 6460 |
| appointing authority a written notice of the director's | 6461 |
| determination whether or not to reclassify the position or to | 6462 |
| reassign the employee to another classification. An employee or | 6463 |
| appointing authority desiring a hearing shall file a written | 6464 |
| request for the hearing with the state personnel board of review | 6465 |
| within thirty days after receiving the notice. The board shall set | 6466 |
| the matter for a hearing and notify the employee and appointing | 6467 |
| authority of the time and place of the hearing. The employee, the | 6468 |
| appointing authority, or any authorized representative of the | 6469 |
| employee who wishes to submit facts for the consideration of the | 6470 |
| board shall be afforded reasonable opportunity to do so. After the | 6471 |
| hearing, the board shall consider anew the reclassification and | 6472 |
| may order the reclassification of the employee and require the | 6473 |
| director to assign the employee to such appropriate classification | 6474 |
| as the facts and evidence warrant. As provided in division (A)(1) | 6475 |
| of section 124.03 of the Revised Code, the board may determine the | 6476 |
| most appropriate classification for the position of any employee | 6477 |
| coming before the board, with or without a job audit. The board | 6478 |
| shall disallow any reclassification or reassignment classification | 6479 |
| of any employee when it finds that changes have been made in the | 6480 |
| duties and responsibilities of any particular employee for | 6481 |
| political, religious, or other unjust reasons. | 6482 |
| (E)(1) Employees of each county department of job and family | 6483 |
| services shall be paid a salary or wage established by the board | 6484 |
| of county commissioners. The provisions of section 124.18 of the | 6485 |
| Revised Code concerning the standard work week apply to employees | 6486 |
| of county departments of job and family services. A board of | 6487 |
| county commissioners may do either of the following: | 6488 |
| (a) Notwithstanding any other section of the Revised Code, | 6489 |
| supplement the sick leave, vacation leave, personal leave, and | 6490 |
| other benefits of any employee of the county department of job and | 6491 |
| family services of that county, if the employee is eligible for | 6492 |
| the supplement under a written policy providing for the | 6493 |
| supplement; | 6494 |
| (b) Notwithstanding any other section of the Revised Code, | 6495 |
| establish alternative schedules of sick leave, vacation leave, | 6496 |
| personal leave, or other benefits for employees not inconsistent | 6497 |
| with the provisions of a collective bargaining agreement covering | 6498 |
| the affected employees. | 6499 |
| (2) Division (E)(1) of this section does not apply to | 6500 |
| employees for whom the state employment relations board | 6501 |
| establishes appropriate bargaining units pursuant to section | 6502 |
| 4117.06 of the Revised Code, except in either of the following | 6503 |
| situations: | 6504 |
| (a) The employees for whom the state employment relations | 6505 |
| board establishes appropriate bargaining units elect no | 6506 |
| representative in a board-conducted representation election. | 6507 |
| (b) After the state employment relations board establishes | 6508 |
| appropriate bargaining units for such employees, all employee | 6509 |
| organizations withdraw from a representation election. | 6510 |
| (F)(1) Notwithstanding any contrary provision of sections | 6511 |
| 124.01 to 124.64 of the Revised Code, the board of trustees of | 6512 |
| each state university or college, as defined in section 3345.12 of | 6513 |
| the Revised Code, shall carry out all matters of governance | 6514 |
| involving the officers and employees of the university or college, | 6515 |
| including, but not limited to, the powers, duties, and functions | 6516 |
| of the department of administrative services and the director of | 6517 |
| administrative services specified in this chapter. Officers and | 6518 |
| employees of a state university or college shall have the right of | 6519 |
| appeal to the state personnel board of review as provided in this | 6520 |
| chapter. | 6521 |
| (2) Each board of trustees shall adopt rules under section | 6522 |
| 111.15 of the Revised Code to carry out the matters of governance | 6523 |
| described in division (F)(1) of this section. Until the board of | 6524 |
| trustees adopts those rules, a state university or college shall | 6525 |
| continue to operate pursuant to the applicable rules adopted by | 6526 |
| the director of administrative services under this chapter. | 6527 |
| (G)(1) Each board of county commissioners may, by a | 6528 |
| resolution adopted by a majority of its members, establish a | 6529 |
| county personnel department to exercise the powers, duties, and | 6530 |
| functions specified in division (G) of this section. As used in | 6531 |
| division (G) of this section, "county personnel department" means | 6532 |
| a county personnel department established by a board of county | 6533 |
| commissioners under division (G)(1) of this section. | 6534 |
| (2)(a) Each board of county commissioners, by a resolution | 6535 |
| adopted by a majority of its members, may designate the county | 6536 |
| personnel department of the county to exercise the powers, duties, | 6537 |
| and functions specified in sections 124.01 to 124.64 and Chapter | 6538 |
| 325. of the Revised Code with regard to employees in the service | 6539 |
| of the county, except for the powers and duties of the state | 6540 |
| personnel board of review, which powers and duties shall not be | 6541 |
| construed as having been modified or diminished in any manner by | 6542 |
| division (G)(2) of this section, with respect to the employees for | 6543 |
| whom the board of county commissioners is the appointing authority | 6544 |
| or co-appointing authority. | 6545 |
| (b) Nothing in division (G)(2) of this section shall be | 6546 |
| construed to limit the right of any employee who possesses the | 6547 |
| right of appeal to the state personnel board of review to continue | 6548 |
| to possess that right of appeal. | 6549 |
| (c) Any board of county commissioners that has established a | 6550 |
| county personnel department may contract with the department of | 6551 |
| administrative services, in accordance with division (H) of this | 6552 |
| section, another political subdivision, or an appropriate public | 6553 |
| or private entity to provide competitive testing services or other | 6554 |
| appropriate services. | 6555 |
| (3) After the county personnel department of a county has | 6556 |
| been established as described in division (G)(2) of this section, | 6557 |
| any elected official, board, agency, or other appointing authority | 6558 |
| of that county, upon written notification to the county personnel | 6559 |
| department, may elect to use the services and facilities of the | 6560 |
| county personnel department. Upon receipt of the notification by | 6561 |
| the county personnel department, the county personnel department | 6562 |
| shall exercise the powers, duties, and functions as described in | 6563 |
| division (G)(2) of this section with respect to the employees of | 6564 |
| that elected official, board, agency, or other appointing | 6565 |
| authority. | 6566 |
| (4) Each board of county commissioners, by a resolution | 6567 |
| adopted by a majority of its members, may disband the county | 6568 |
| personnel department. | 6569 |
| (5) Any elected official, board, agency, or appointing | 6570 |
| authority of a county may end its involvement with a county | 6571 |
| personnel department upon actual receipt by the department of a | 6572 |
| certified copy of the notification that contains the decision to | 6573 |
| no longer participate. | 6574 |
| (6) | 6575 |
| 6576 | |
| 6577 |
| | 6578 |
| carrying out its duties, shall adhere to merit system principles | 6579 |
| with regard to employees of county departments of job and family | 6580 |
| services, child support enforcement agencies, and public child | 6581 |
| welfare agencies so that there is no threatened loss of federal | 6582 |
|
funding for these agencies, and | 6583 |
| is financially liable to the state for any loss of federal funds | 6584 |
| due to the action or inaction of the county personnel department. | 6585 |
| 6586 | |
| 6587 | |
| 6588 | |
| 6589 | |
| 6590 | |
| 6591 |
| | 6592 |
| 6593 | |
| 6594 | |
| 6595 | |
| 6596 | |
| 6597 | |
| 6598 | |
| 6599 | |
| 6600 | |
| 6601 |
| (H) County agencies may contract with the department of | 6602 |
| administrative services for any human resources services, | 6603 |
| including, but not limited to, establishment and modification of | 6604 |
| job classification plans, competitive testing services, and | 6605 |
| periodic audits and reviews to guarantee the county's uniform | 6606 |
| application of the powers, duties, and functions specified in | 6607 |
| sections 124.01 to 124.64 and Chapter 325. of the Revised Code | 6608 |
| with regard to employees in the service of the county. Nothing in | 6609 |
| this division modifies the powers and duties of the state | 6610 |
| personnel board of review with respect to employees in the service | 6611 |
| of the county. Nothing in this division limits the right of any | 6612 |
| employee who possesses the right of appeal to the state personnel | 6613 |
| board of review to continue to possess that right of appeal. | 6614 |
| (I) The director of administrative services shall establish | 6615 |
| the rate and method of compensation for all employees who are paid | 6616 |
| directly by warrant of the director of budget and management and | 6617 |
| who are serving in positions that the director of administrative | 6618 |
| services has determined impracticable to include in the state job | 6619 |
| classification plan. This division does not apply to elected | 6620 |
| officials, legislative employees, employees of the legislative | 6621 |
| service commission, employees who are in the unclassified civil | 6622 |
| service and exempt from collective bargaining coverage in the | 6623 |
| office of the secretary of state, auditor of state, treasurer of | 6624 |
| state, and attorney general, employees of the courts, employees of | 6625 |
| the bureau of workers' compensation whose compensation the | 6626 |
| administrator of workers' compensation establishes under division | 6627 |
| (B) of section 4121.121 of the Revised Code, or employees of an | 6628 |
| appointing authority authorized by law to fix the compensation of | 6629 |
| those employees. | 6630 |
| | 6631 |
| rate of compensation for all intermittent, seasonal, temporary, | 6632 |
| emergency, and casual employees in the service of the state who | 6633 |
| are not considered public employees under section 4117.01 of the | 6634 |
| Revised Code. Those employees are not entitled to receive employee | 6635 |
| benefits. This rate of compensation shall be equitable in terms of | 6636 |
| the rate of employees serving in the same or similar | 6637 |
| classifications. This division does not apply to elected | 6638 |
| officials, legislative employees, employees of the legislative | 6639 |
| service commission, employees who are in the unclassified civil | 6640 |
| service and exempt from collective bargaining coverage in the | 6641 |
| office of the secretary of state, auditor of state, treasurer of | 6642 |
| state, and attorney general, employees of the courts, employees of | 6643 |
| the bureau of workers' compensation whose compensation the | 6644 |
| administrator establishes under division (B) of section 4121.121 | 6645 |
| of the Revised Code, or employees of an appointing authority | 6646 |
| authorized by law to fix the compensation of those employees. | 6647 |
| Sec. 124.231. (A) As used in this section, "legally blind | 6648 |
| person" means any person who qualifies as being blind under any | 6649 |
| Ohio or federal statute, or any rule adopted thereunder. As used | 6650 |
| in this section, "legally deaf person" means any person who | 6651 |
| qualifies as being deaf under any Ohio or federal statute, or any | 6652 |
| rule adopted thereunder. | 6653 |
| (B) When an examination is to be administered under sections | 6654 |
|
124.01 to | 6655 |
| administrative services or the director's designee shall whenever | 6656 |
| practicable arrange for special examinations to be administered to | 6657 |
| legally blind or legally deaf persons applying for positions in | 6658 |
| the classified service of the state to ensure that the abilities | 6659 |
| of such applicants are properly assessed and that such applicants | 6660 |
| are not subject to discrimination because they are legally blind | 6661 |
| or legally deaf persons. | 6662 |
| Sec. 124.241. As used in this section, "professional | 6663 |
| employee" has the same meaning as in section 5126.20 of the | 6664 |
| Revised Code and "registered service employee" means a service | 6665 |
| employee, as defined in section 5126.20 of the Revised Code, who | 6666 |
| is registered under section 5126.25 of the Revised Code. | 6667 |
| County boards of developmental disabilities may hire | 6668 |
| professional employees and registered service employees in the | 6669 |
| classified service on the basis of the candidates' qualifications | 6670 |
|
rather than on the basis of the results of | 6671 |
|
examination
| 6672 |
| 6673 |
| Sec. 124.25. The director of administrative services shall | 6674 |
| require persons applying for an examination for original | 6675 |
| appointment in the service of the state to file with the director | 6676 |
| or the director's designee, within reasonable time prior to the | 6677 |
| examination, a formal application, in which the applicant shall | 6678 |
| state the applicant's name, address, and such other information as | 6679 |
| may reasonably be required concerning the applicant's education | 6680 |
| and experience. No inquiry shall be made as to religious or | 6681 |
| political affiliations or as to racial or ethnic origin of the | 6682 |
| applicant, except as necessary to gather equal employment | 6683 |
| opportunity or other statistics that, when compiled, will not | 6684 |
| identify any specific individual. | 6685 |
| Blank forms for applications shall be furnished by the | 6686 |
| director or the director's designee without charge to any person | 6687 |
| requesting the same. The director or the director's designee may | 6688 |
| require in connection with such application such certificate of | 6689 |
| persons having knowledge of the applicant as the good of the | 6690 |
| service demands. The director or the director's designee may | 6691 |
| refuse to appoint or examine an applicant, or, after an | 6692 |
| examination, refuse to certify the applicant as eligible, who is | 6693 |
| found to lack any of the established preliminary requirements for | 6694 |
| the examination, who is addicted to the habitual use of | 6695 |
| intoxicating liquors or drugs to excess, who has a pattern of poor | 6696 |
| work habits and performance with previous employers, who has been | 6697 |
| convicted of a felony, who has been guilty of infamous or | 6698 |
| notoriously disgraceful conduct, who has been dismissed from | 6699 |
| either branch of the civil service for delinquency or misconduct, | 6700 |
| or who has made false statements of any material fact, or | 6701 |
| practiced, or attempted to practice, any deception or fraud in the | 6702 |
| application or examination, in establishing eligibility, or | 6703 |
| securing an appointment. | 6704 |
| Sec. 124.26. From the returns of | 6705 |
| positions in the service of the state, the director of | 6706 |
| administrative services or the director's designee shall prepare | 6707 |
| an eligible list of the persons whose general average standing | 6708 |
| upon examinations for the class or position is not less than the | 6709 |
| minimum fixed by the rules of the director, and who are otherwise | 6710 |
| eligible. Those persons shall take rank upon the eligible list as | 6711 |
| candidates in the order of their relative excellence as determined | 6712 |
| by the examination without reference to priority of the time of | 6713 |
| examination. If two or more applicants receive the same mark in an | 6714 |
| open competitive examination, priority in the time of filing the | 6715 |
| application with the director or the director's designee shall | 6716 |
| determine the order in which their names shall be placed on the | 6717 |
| eligible list, except that applicants eligible for veteran's | 6718 |
| preference under section 124.23 of the Revised Code shall receive | 6719 |
| priority in rank on the eligible list over nonveterans on the list | 6720 |
| with a rating equal to that of the veteran. Ties among veterans | 6721 |
| shall be decided by priority of filing the application. | 6722 |
| | 6723 |
| position. An expired eligible list may be used to fill a position | 6724 |
| of the same classification within the same appointing authority | 6725 |
| for which the list was created. But, in no event shall an expired | 6726 |
| list be used more than one year past its expiration date. | 6727 |
| Sec. 124.27. (A) Appointments to all positions in the | 6728 |
| classified civil service of the state, that are not filled by | 6729 |
| promotion, transfer, or reduction, as provided in sections 124.01 | 6730 |
| to 124.64 of the Revised Code and the rules of the director | 6731 |
| prescribed under those sections, shall be made only from those | 6732 |
| persons whose names take rank order on an eligible list, and no | 6733 |
| employment, except as provided in those sections, shall be | 6734 |
|
otherwise given in the classified civil service of this state | 6735 |
| 6736 | |
| shall appoint in the following manner: each time a selection is | 6737 |
| made, it shall be from one of the names that ranks in the top | 6738 |
| twenty-five per cent of the eligible list. But, in the event that | 6739 |
| ten or fewer names are on the eligible list, the appointing | 6740 |
| authority may select any of the listed candidates, or if the top | 6741 |
| twenty-five per cent of the eligible list is ten or fewer names, | 6742 |
| the appointing authority may select from one of the names that | 6743 |
| rank in the top ten of the eligible list. Each person who | 6744 |
| qualifies for the veteran's preference under section 124.23 of the | 6745 |
| Revised Code, who is a resident of this state, and whose name is | 6746 |
| on the eligible list for a position is entitled to preference in | 6747 |
| original appointment to any such competitive position in the | 6748 |
| classified civil service of the state
| 6749 |
| over all other persons who are eligible for those appointments and | 6750 |
| who are standing on the relevant eligible list with a rating equal | 6751 |
| to that of the person qualifying for the veteran's preference. | 6752 |
| (B) All original and promotional appointments in the civil | 6753 |
| service of the state, including appointments made pursuant to | 6754 |
| section 124.30 of the Revised Code, but not intermittent | 6755 |
| appointments, shall be for a probationary period, not less than | 6756 |
| sixty days nor more than one year, to be fixed by the rules of the | 6757 |
| director, except as provided in section 124.231 of the Revised | 6758 |
| Code, and except for original appointments to a police department | 6759 |
| as a police officer or to a fire department as a firefighter which | 6760 |
| shall be for a probationary period of one year. No appointment or | 6761 |
| promotion is final until the appointee has satisfactorily served | 6762 |
| the probationary period. If the service of the probationary | 6763 |
| employee is unsatisfactory, the employee may be removed or reduced | 6764 |
| at any time during the probationary period. If the appointing | 6765 |
| authority decides to remove a probationary employee in the service | 6766 |
| of the state, the appointing authority shall communicate the | 6767 |
| removal to the director. A probationary employee duly removed or | 6768 |
| reduced in position for unsatisfactory service does not have the | 6769 |
| right to appeal the removal or reduction under section 124.34 of | 6770 |
| the Revised Code. | 6771 |
| Sec. 124.30. (A) | 6772 |
| 6773 | |
| competition as follows: | 6774 |
| (1) Whenever there are urgent reasons for filling a vacancy | 6775 |
| in any position in the classified civil service of the state and | 6776 |
| the director of administrative services is unable to certify to | 6777 |
| the appointing authority, upon its request, a list of persons | 6778 |
| eligible for appointment to the position after a competitive | 6779 |
| examination, the appointing authority may fill the position by | 6780 |
| noncompetitive examination. | 6781 |
| A temporary appointment may be made without regard to the | 6782 |
| rules of sections 124.01 to 124.64 of the Revised Code. Except as | 6783 |
| otherwise provided in this division, the temporary appointment may | 6784 |
| not continue longer than one hundred twenty days, and in no case | 6785 |
| shall successive temporary appointments be made. A temporary | 6786 |
| appointment longer than one hundred twenty days may be made if | 6787 |
| necessary by reason of sickness, disability, or other approved | 6788 |
| leave of absence of regular officers or employees, in which case | 6789 |
| it may continue during the period of sickness, disability, or | 6790 |
| other approved leave of absence, subject to the rules of the | 6791 |
| director. | 6792 |
| (2) In case of a vacancy in a position in the classified | 6793 |
| civil service of the state where peculiar and exceptional | 6794 |
| qualifications of a scientific, managerial, professional, or | 6795 |
| educational character are required, and upon satisfactory evidence | 6796 |
| that for specified reasons competition in this special case is | 6797 |
| impracticable and that the position can best be filled by a | 6798 |
| selection of some designated person of high and recognized | 6799 |
| attainments in those qualities, the director may suspend the | 6800 |
| provisions of sections 124.01 to 124.64 of the Revised Code that | 6801 |
| require competition in this special case, but no suspension shall | 6802 |
| be general in its application. All such cases of suspension shall | 6803 |
| be reported in the annual report of the director with the reasons | 6804 |
| for each suspension. The director shall suspend the provisions | 6805 |
| when the director of job and family services provides the | 6806 |
| certification under section 5101.051 of the Revised Code that a | 6807 |
| position with the department of job and family services can best | 6808 |
| be filled if the provisions are suspended. | 6809 |
| (3) The acceptance or refusal by an eligible person of a | 6810 |
| temporary appointment shall not affect the person's standing on | 6811 |
| the eligible list for permanent appointment, nor shall the period | 6812 |
| of temporary service be counted as a part of the probationary | 6813 |
| service in case of subsequent appointment to a permanent position. | 6814 |
| (B) Persons who receive temporary or intermittent | 6815 |
| appointments are in the unclassified civil service and serve at | 6816 |
| the pleasure of their appointing authority. | 6817 |
| Sec. 124.31. Vacancies in positions in the classified civil | 6818 |
| service of the state shall be filled insofar as practicable by | 6819 |
| promotions. The director of administrative services shall provide | 6820 |
| in the director's rules for keeping a record of efficiency for | 6821 |
| each employee in the classified civil service of the state, and | 6822 |
| for making promotions in the classified civil service of the state | 6823 |
| on the basis of merit and by conduct and capacity in office. | 6824 |
| Sec. 125.082. (A) When purchasing equipment, materials, or | 6825 |
| supplies, the general assembly; the offices of all elected state | 6826 |
| officers; all departments, boards, offices, commissions, agencies, | 6827 |
| institutions, including, without limitation, state-supported | 6828 |
| institutions of higher education, and other instrumentalities of | 6829 |
| this state; the supreme court; all courts of appeals; and all | 6830 |
| courts of common pleas, may purchase recycled products in | 6831 |
| accordance with the guidelines adopted under division (B) of this | 6832 |
| section if the products are available and meet the performance | 6833 |
| specifications of the procuring entities. Purchases of recycled | 6834 |
| products shall comply with any rules adopted under division (C) of | 6835 |
| this section. | 6836 |
| (B) The director of administrative services shall adopt rules | 6837 |
| in accordance with Chapter 119. of the Revised Code establishing | 6838 |
| guidelines for the procurement of recycled products pursuant to | 6839 |
| division (A) of this section. To the extent practicable, the | 6840 |
| guidelines shall do all of the following: | 6841 |
| (1) Be consistent with and substantially equivalent to any | 6842 |
| relevant regulations adopted by the administrator of the United | 6843 |
| States environmental protection agency pursuant to the "Resource | 6844 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 6845 |
| 6921, as amended; | 6846 |
| (2) Establish the minimum percentage of recycled materials | 6847 |
| the various products shall contain in order to be considered | 6848 |
| "recycled" for the purposes of division (A) of this section; | 6849 |
| (3) So far as practicable and economically feasible, | 6850 |
| incorporate specifications for recycled-content materials to | 6851 |
| promote the use and purchase of recycled products by state | 6852 |
| agencies. | 6853 |
| (C) The director may adopt rules in accordance with Chapter | 6854 |
| 119. of the Revised Code establishing a maximum percentage by | 6855 |
| which the cost of recycled products purchased under division (A) | 6856 |
| of this section may exceed the cost of comparable products made of | 6857 |
| virgin materials. | 6858 |
| (D) The department of administrative services and the | 6859 |
| 6860 | |
| annually shall prepare and submit to the governor, president of | 6861 |
| the senate, and speaker of the house of representatives a report | 6862 |
| that describes, so far as practicable, the value and types of | 6863 |
| recycled products that are purchased with moneys disbursed from | 6864 |
| the state treasury by the general assembly; the offices of all | 6865 |
| elected state officers; and all departments, boards, offices, | 6866 |
| commissions, agencies, and institutions of this state. | 6867 |
| Sec. 125.14. (A) The director of administrative services | 6868 |
| shall allocate any proceeds from the transfer, sale, or lease of | 6869 |
| excess and surplus supplies in the following manner: | 6870 |
| (1) Except as otherwise provided in division (A)(2) of this | 6871 |
| section, the proceeds of such a transfer, sale, or lease shall be | 6872 |
| paid into the state treasury to the credit of the investment | 6873 |
| recovery fund, which is hereby created. | 6874 |
| (2) Except as otherwise provided in division (A)(2) of this | 6875 |
| section, when supplies originally were purchased with funds from | 6876 |
| nongeneral revenue fund sources, the director shall determine what | 6877 |
| fund or account originally was used to purchase the supplies, and | 6878 |
| the credit for the proceeds from any transfer, sale, or lease of | 6879 |
| those supplies shall be transferred to that fund or account. If | 6880 |
| the director cannot determine which fund or account originally was | 6881 |
| used to purchase the supplies, if the fund or account is no longer | 6882 |
| active, or if the proceeds from the transfer, sale, or lease of a | 6883 |
| unit of supplies are less than one hundred dollars or any larger | 6884 |
| amount the director may establish with the approval of the | 6885 |
| director of budget and management, then the proceeds from the | 6886 |
| transfer, sale, or lease of such supplies shall be paid into the | 6887 |
| state treasury to the credit of the investment recovery fund. | 6888 |
| (B) The investment recovery fund shall be used to pay for the | 6889 |
| operating expenses of the state surplus property program. Any | 6890 |
| amounts in excess of these operating expenses shall periodically | 6891 |
| be transferred to the general revenue fund of the state. If | 6892 |
| proceeds paid into the investment recovery fund are insufficient | 6893 |
| to pay for the program's operating expenses, a service fee may be | 6894 |
| charged to state agencies to eliminate the deficit. | 6895 |
| (C) Proceeds from the sale of recyclable goods and materials | 6896 |
| shall be paid into the state treasury to the credit of the | 6897 |
| recycled materials fund, which is hereby created, except that the | 6898 |
|
director of | 6899 |
|
request, may grant an exemption from this requirement. The | 6900 |
| 6901 | |
| 6902 | |
| for the benefit of recycling programs in state agencies. | 6903 |
| Sec. 126.14. The release of any money appropriated for the | 6904 |
| purchase of real estate shall be approved by the controlling | 6905 |
| board. The release of money appropriated for all other capital | 6906 |
| projects is also subject to the approval of the controlling board, | 6907 |
| except that the director of budget and management may approve the | 6908 |
| release of money appropriated for specific projects in accordance | 6909 |
| with the requirements of this section and except that the director | 6910 |
| of budget and management may approve the release of unencumbered | 6911 |
| capital balances, for a project to repair, remove, or prevent a | 6912 |
| public exigency declared to exist by the director of | 6913 |
|
administrative services under section | 6914 |
| Code, or by the executive director of the Ohio facilities | 6915 |
| construction commission under section 123.23 of the Revised Code, | 6916 |
| in the amount designated in that declaration. | 6917 |
| Within sixty days after the effective date of any act | 6918 |
| appropriating money for capital projects, the director shall | 6919 |
| determine which appropriations are for general projects and which | 6920 |
| are for specific projects. Specific projects may include specific | 6921 |
| higher education projects that are to be funded from general | 6922 |
| purpose appropriations from the higher education improvement fund | 6923 |
| created in section 154.21 of the Revised Code. Upon determining | 6924 |
| which projects are general and which are specific, the director | 6925 |
| shall submit to the controlling board a list that includes a brief | 6926 |
| description of and the estimated expenditures for each specific | 6927 |
| project. The release of money for any specific higher education | 6928 |
| projects that are to be funded from general purpose appropriations | 6929 |
| from the higher education improvement fund but that are not | 6930 |
| included on the list, and the release of money for any specific | 6931 |
| higher education projects included on the list that will exceed | 6932 |
| the estimated expenditures by more than ten per cent, are subject | 6933 |
| to the approval of the controlling board. The director may create | 6934 |
| new appropriation line items and make transfers of appropriations | 6935 |
| to them for specific higher education projects included on the | 6936 |
| list that are to be funded from general purpose appropriations for | 6937 |
| basic renovations that are made from the higher education | 6938 |
| improvement fund. | 6939 |
| Sec. 127.27. The controlling board shall approve all | 6940 |
| conveyances of land not needed by the state in accordance with | 6941 |
| section 123.01 of the Revised Code. | 6942 |
| Sec. 131.02. (A) Except as otherwise provided in section | 6943 |
| 4123.37, section 5703.061, and division (K) of section 4123.511 of | 6944 |
| the Revised Code, whenever any amount is payable to the state, the | 6945 |
| officer, employee, or agent responsible for administering the law | 6946 |
| under which the amount is payable shall immediately proceed to | 6947 |
| collect the amount or cause the amount to be collected and shall | 6948 |
| pay the amount into the state treasury or into the appropriate | 6949 |
| custodial fund in the manner set forth pursuant to section 113.08 | 6950 |
| of the Revised Code. Except as otherwise provided in this | 6951 |
| division, if the amount is not paid within forty-five days after | 6952 |
| payment is due, the officer, employee, or agent shall certify the | 6953 |
| amount due to the attorney general, in the form and manner | 6954 |
| prescribed by the attorney general, and notify the director of | 6955 |
| budget and management thereof. In the case of an amount payable by | 6956 |
| a student enrolled in a state institution of higher education, the | 6957 |
| amount shall be certified within the later of forty-five days | 6958 |
| after the amount is due or the tenth day after the beginning of | 6959 |
| the next academic semester, quarter, or other session following | 6960 |
| the session for which the payment is payable. The attorney general | 6961 |
| may assess the collection cost to the amount certified in such | 6962 |
| manner and amount as prescribed by the attorney general. If an | 6963 |
| amount payable to a political subdivision is past due, the | 6964 |
| political subdivision may, with the approval of the attorney | 6965 |
| general, certify the amount to the attorney general pursuant to | 6966 |
| this section. | 6967 |
| For the purposes of this section, the attorney general and | 6968 |
| the officer, employee, or agent responsible for administering the | 6969 |
| law under which the amount is payable shall agree on the time a | 6970 |
| payment is due, and that agreed upon time shall be one of the | 6971 |
| following times: | 6972 |
| (1) If a law, including an administrative rule, of this state | 6973 |
| prescribes the time a payment is required to be made or reported, | 6974 |
| when the payment is required by that law to be paid or reported. | 6975 |
| (2) If the payment is for services rendered, when the | 6976 |
| rendering of the services is completed. | 6977 |
| (3) If the payment is reimbursement for a loss, when the loss | 6978 |
| is incurred. | 6979 |
| (4) In the case of a fine or penalty for which a law or | 6980 |
| administrative rule does not prescribe a time for payment, when | 6981 |
| the fine or penalty is first assessed. | 6982 |
| (5) If the payment arises from a legal finding, judgment, or | 6983 |
| adjudication order, when the finding, judgment, or order is | 6984 |
| rendered or issued. | 6985 |
| (6) If the payment arises from an overpayment of money by the | 6986 |
| state to another person, when the overpayment is discovered. | 6987 |
| (7) The date on which the amount for which an individual is | 6988 |
| personally liable under section 5735.35, section 5739.33, or | 6989 |
| division (G) of section 5747.07 of the Revised Code is determined. | 6990 |
| (8) Upon proof of claim being filed in a bankruptcy case. | 6991 |
| (9) Any other appropriate time determined by the attorney | 6992 |
| general and the officer, employee, or agent responsible for | 6993 |
| administering the law under which the amount is payable on the | 6994 |
| basis of statutory requirements or ordinary business processes of | 6995 |
| the state agency to which the payment is owed. | 6996 |
| (B)(1) The attorney general shall give immediate notice by | 6997 |
| mail or otherwise to the party indebted of the nature and amount | 6998 |
| of the indebtedness. | 6999 |
| (2) If the amount payable to this state arises from a tax | 7000 |
| levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the | 7001 |
| Revised Code, the notice also shall specify all of the following: | 7002 |
| (a) The assessment or case number; | 7003 |
| (b) The tax pursuant to which the assessment is made; | 7004 |
| (c) The reason for the liability, including, if applicable, | 7005 |
| that a penalty or interest is due; | 7006 |
| (d) An explanation of how and when interest will be added to | 7007 |
| the amount assessed; | 7008 |
| (e) That the attorney general and tax commissioner, acting | 7009 |
| together, have the authority, but are not required, to compromise | 7010 |
| the claim and accept payment over a reasonable time, if such | 7011 |
| actions are in the best interest of the state. | 7012 |
| (C) The attorney general shall collect the claim or secure a | 7013 |
| judgment and issue an execution for its collection. | 7014 |
| (D) Each claim shall bear interest, from the day on which the | 7015 |
| claim became due, at the rate per annum required by section | 7016 |
| 5703.47 of the Revised Code. | 7017 |
| (E) The attorney general and the chief officer of the agency | 7018 |
| reporting a claim, acting together, may do any of the following if | 7019 |
| such action is in the best interests of the state: | 7020 |
| (1) Compromise the claim; | 7021 |
| (2) Extend for a reasonable period the time for payment of | 7022 |
| the claim by agreeing to accept monthly or other periodic | 7023 |
| payments. The agreement may require security for payment of the | 7024 |
| claim. | 7025 |
| (3) Add fees to recover the cost of processing checks or | 7026 |
| other draft instruments returned for insufficient funds and the | 7027 |
| cost of providing electronic payment options. | 7028 |
| (F)(1) Except as provided in division (F)(2) of this section, | 7029 |
| if the attorney general finds, after investigation, that any claim | 7030 |
| due and owing to the state is uncollectible, the attorney general, | 7031 |
| with the consent of the chief officer of the agency reporting the | 7032 |
| claim, may do the following: | 7033 |
| (a) Sell, convey, or otherwise transfer the claim to one or | 7034 |
| more private entities for collection; | 7035 |
| (b) Cancel the claim or cause it to be canceled. | 7036 |
| (2) The attorney general shall cancel or cause to be canceled | 7037 |
| an unsatisfied claim on the date that is forty years after the | 7038 |
| date the claim is certified. | 7039 |
| (3) No initial action shall be commenced to collect any tax | 7040 |
| payable to the state that is administered by the tax commissioner, | 7041 |
| whether or not such tax is subject to division (B) of this | 7042 |
| section, or any penalty, interest, or additional charge on such | 7043 |
| tax, after the expiration of the period ending on the later of the | 7044 |
| dates specified in divisions (F)(3)(a) and (b) of this section, | 7045 |
| provided that such period shall be extended by the period of any | 7046 |
| stay to such collection or by any other period to which the | 7047 |
| parties mutually agree. If the initial action in aid of execution | 7048 |
| is commenced before the later of the dates specified in divisions | 7049 |
| (F)(3)(a) and (b) of this section, any and all subsequent actions | 7050 |
| may be pursued in aid of execution of judgment for as long as the | 7051 |
| debt exists. | 7052 |
| (a) Seven years after the assessment of the tax, penalty, | 7053 |
| interest, or additional charge is issued. | 7054 |
| (b) Four years after the assessment of the tax, penalty, | 7055 |
| interest, or additional charge becomes final. For the purposes of | 7056 |
| division (F)(3)(b) of this section, the assessment becomes final | 7057 |
| at the latest of the following: upon expiration of the period to | 7058 |
| petition for reassessment, or if applicable, to appeal a final | 7059 |
| determination of the commissioner or decision of the board of tax | 7060 |
| appeals or a court, or, if applicable, upon decision of the United | 7061 |
| States supreme court. | 7062 |
| For the purposes of division (F)(3) of this section, an | 7063 |
| initial action to collect a tax debt is commenced at the time when | 7064 |
| any action, including any action in aid of execution on a | 7065 |
| judgment, commences after a certified copy of the tax | 7066 |
| commissioner's entry making an assessment final has been filed in | 7067 |
| the office of the clerk of court of common pleas in the county in | 7068 |
| which the taxpayer resides or has its principal place of business | 7069 |
| in this state, or in the office of the clerk of court of common | 7070 |
| pleas of Franklin county, as provided in section 5739.13, 5741.14, | 7071 |
| 5747.13, or 5751.09 of the Revised Code or in any other applicable | 7072 |
| law requiring such a filing. If an assessment has not been issued | 7073 |
| and there is no time limitation on the issuance of an assessment | 7074 |
| under applicable law, an action to collect a tax debt commences | 7075 |
| when the action is filed in the courts of this state to collect | 7076 |
| the liability. | 7077 |
| (4) If information contained in a claim that is sold, | 7078 |
| conveyed, or transferred to a private entity pursuant to this | 7079 |
| section is confidential pursuant to federal law or a section of | 7080 |
| the Revised Code that implements a federal law governing | 7081 |
| confidentiality, such information remains subject to that law | 7082 |
| during and following the sale, conveyance, or transfer. | 7083 |
| Sec. 131.44. (A) As used in this section: | 7084 |
| (1) "Surplus revenue" means the excess, if any, of the total | 7085 |
| fund balance over the required year-end balance. | 7086 |
| (2) "Total fund balance" means the sum of the unencumbered | 7087 |
| balance in the general revenue fund on the last day of the | 7088 |
| preceding fiscal year plus the balance in the budget stabilization | 7089 |
| fund. | 7090 |
| (3) "Required year-end balance" means the sum of the | 7091 |
| following: | 7092 |
| (a) Five per cent of the general revenue fund revenues for | 7093 |
| the preceding fiscal year; | 7094 |
| (b) "Ending fund balance," which means one-half of one per | 7095 |
| cent of general revenue fund revenues for the preceding fiscal | 7096 |
| year; | 7097 |
| (c) "Carryover balance," which means, with respect to a | 7098 |
| fiscal biennium, the excess, if any, of the estimated general | 7099 |
| revenue fund appropriation and transfer requirement for the second | 7100 |
| fiscal year of the biennium over the estimated general revenue | 7101 |
| fund revenue for that fiscal year; | 7102 |
| (d) "Capital appropriation reserve," which means the amount, | 7103 |
| if any, of general revenue fund capital appropriations made for | 7104 |
| the current biennium that the director of budget and management | 7105 |
| has determined will be encumbered or disbursed; | 7106 |
| (e) "Income tax reduction impact reserve," which means an | 7107 |
| amount equal to the reduction projected by the director of budget | 7108 |
| and management in income tax revenue in the current fiscal year | 7109 |
| attributable to the previous reduction in the income tax rate made | 7110 |
| by the tax commissioner pursuant to division (B) of section | 7111 |
| 5747.02 of the Revised Code. | 7112 |
| (4) "Estimated general revenue fund appropriation and | 7113 |
| transfer requirement" means the most recent adjusted | 7114 |
| appropriations made by the general assembly from the general | 7115 |
| revenue fund and includes both of the following: | 7116 |
| (a) Appropriations made and transfers of appropriations from | 7117 |
| the first fiscal year to the second fiscal year of the biennium in | 7118 |
| provisions of acts of the general assembly signed by the governor | 7119 |
| but not yet effective; | 7120 |
| (b) Transfers of | 7121 |
| fiscal year to the second fiscal year of the biennium approved by | 7122 |
| the controlling board. | 7123 |
| (5) "Estimated general revenue fund revenue" means the most | 7124 |
| recent such estimate available to the director of budget and | 7125 |
| management. | 7126 |
| (B)(1) Not later than the thirty-first day of July each year, | 7127 |
| the director of budget and management shall determine the surplus | 7128 |
| revenue that existed on the preceding thirtieth day of June and | 7129 |
| transfer from the general revenue fund, to the extent of the | 7130 |
| unobligated, unencumbered balance on the preceding thirtieth day | 7131 |
| of June in excess of one-half of one per cent of the general | 7132 |
| revenue fund revenues in the preceding fiscal year, the following: | 7133 |
| (a) First, to the budget stabilization fund, any amount | 7134 |
| necessary for the balance of the budget stabilization fund to | 7135 |
| equal five per cent of the general revenue fund revenues of the | 7136 |
| preceding fiscal year; | 7137 |
| (b) Then, to the income tax reduction fund, which is hereby | 7138 |
| created in the state treasury, an amount equal to the surplus | 7139 |
| revenue. | 7140 |
| (2) Not later than the thirty-first day of July each year, | 7141 |
| the director shall determine the percentage that the balance in | 7142 |
| the income tax reduction fund is of the amount of revenue that the | 7143 |
| director estimates will be received from the tax levied under | 7144 |
| section 5747.02 of the Revised Code in the current fiscal year | 7145 |
| without regard to any reduction under division (B) of that | 7146 |
| section. If that percentage exceeds thirty-five one hundredths of | 7147 |
| one per cent, the director shall certify the percentage to the tax | 7148 |
| commissioner not later than the thirty-first day of July. | 7149 |
| (C) The director of budget and management shall transfer | 7150 |
| money in the income tax reduction fund to the general revenue | 7151 |
| fund, the local government fund, and the public library fund as | 7152 |
| necessary to offset revenue reductions resulting from the | 7153 |
| reductions in taxes required under division (B)(1) of section | 7154 |
| 5747.02 of the Revised Code in the respective amounts and | 7155 |
| percentages prescribed by division (A) of section 5747.03 and | 7156 |
| 7157 | |
| the amount transferred had been collected as taxes under Chapter | 7158 |
| 5747. of the Revised Code. If no reductions in taxes are made | 7159 |
|
under | 7160 |
| that affect revenue received in the current fiscal year, the | 7161 |
| director shall not transfer money from the income tax reduction | 7162 |
| fund to the general revenue fund, the local government fund, and | 7163 |
| the public library fund. | 7164 |
| Sec. 131.46. (A) There is hereby created in the state | 7165 |
| treasury the shale resource income tax relief fund. Money | 7166 |
| collected from the severance tax imposed by divisions (A)(10) and | 7167 |
| (11) of section 5749.02 of the Revised Code shall be credited to | 7168 |
| the fund to the extent authorized by division (B) of that section. | 7169 |
| (B) Not later than the fifth day of October each year, the | 7170 |
| director of budget and management shall determine the percentage | 7171 |
| that the balance in the fund is of the amount of revenue that the | 7172 |
| director estimates will be received from the tax levied under | 7173 |
| section 5747.02 of the Revised Code in the current fiscal year | 7174 |
| without regard to any reduction under division (B) of that | 7175 |
| section. If that percentage exceeds thirty-five one hundredths of | 7176 |
| one per cent, the director shall certify the percentage to the tax | 7177 |
| commissioner not later than the tenth day of October. | 7178 |
| (C) The director of budget and management shall transfer | 7179 |
| money in the shale resource income tax relief fund to the general | 7180 |
| revenue fund, the local government fund, and the public library | 7181 |
| fund as necessary to offset revenue reductions resulting from the | 7182 |
| reductions in taxes required under division (B)(2) of section | 7183 |
| 5747.02 of the Revised Code in the respective amounts and | 7184 |
| percentages prescribed by division (A) of section 5747.03 and | 7185 |
| section 131.51 of the Revised Code as if the amount transferred | 7186 |
| had been collected as taxes under Chapter 5747. of the Revised | 7187 |
| Code. If no reductions in taxes are made under division (B)(2) of | 7188 |
| section 5747.02 of the Revised Code, the director shall not | 7189 |
| transfer money from the shale resource income tax relief fund to | 7190 |
| the general revenue fund, the local government fund, and the | 7191 |
| public library fund. | 7192 |
| Sec. 140.01. As used in this chapter: | 7193 |
| (A) "Hospital agency" means any public hospital agency or any | 7194 |
| nonprofit hospital agency. | 7195 |
| (B) "Public hospital agency" means any county, board of | 7196 |
| county hospital trustees established pursuant to section 339.02 of | 7197 |
| the Revised Code, county hospital commission established pursuant | 7198 |
| to section 339.14 of the Revised Code, municipal corporation, new | 7199 |
| community authority organized under Chapter 349. of the Revised | 7200 |
| Code, joint township hospital district, state or municipal | 7201 |
| university or college operating or authorized to operate a | 7202 |
| hospital facility, or the state. | 7203 |
| (C) "Nonprofit hospital agency" means a corporation or | 7204 |
| association not for profit, no part of the net earnings of which | 7205 |
| inures or may lawfully inure to the benefit of any private | 7206 |
| shareholder or individual, that has authority to own or operate a | 7207 |
| hospital facility or provides or is to provide services to one or | 7208 |
| more other hospital agencies. | 7209 |
| (D) "Governing body" means, in the case of a county, the | 7210 |
| board of county commissioners or other legislative body; in the | 7211 |
| case of a board of county hospital trustees, the board; in the | 7212 |
| case of a county hospital commission, the commission; in the case | 7213 |
| of a municipal corporation, the council or other legislative | 7214 |
| authority; in the case of a new community authority, its board of | 7215 |
| trustees; in the case of a joint township hospital district, the | 7216 |
| joint township district hospital board; in the case of a state or | 7217 |
| municipal university or college, its board of trustees or board of | 7218 |
| directors; in the case of a nonprofit hospital agency, the board | 7219 |
| of trustees or other body having general management of the agency; | 7220 |
| and, in the case of the state, the director of development or the | 7221 |
| Ohio higher educational facility commission. | 7222 |
| (E) "Hospital facilities" means buildings, structures and | 7223 |
| other improvements, additions thereto and extensions thereof, | 7224 |
| furnishings, equipment, and real estate and interests in real | 7225 |
| estate, used or to be used for or in connection with one or more | 7226 |
| hospitals, emergency, intensive, intermediate, extended, | 7227 |
| long-term, or self-care facilities, diagnostic and treatment and | 7228 |
| out-patient facilities, facilities related to programs for home | 7229 |
| health services, clinics, laboratories, public health centers, | 7230 |
| research facilities, and rehabilitation facilities, for or | 7231 |
| pertaining to diagnosis, treatment, care, or rehabilitation of | 7232 |
| sick, ill, injured, infirm, impaired, disabled, or handicapped | 7233 |
| persons, or the prevention, detection, and control of disease, and | 7234 |
| also includes education, training, and food service facilities for | 7235 |
| health professions personnel, housing facilities for such | 7236 |
| personnel and their families, and parking and service facilities | 7237 |
| in connection with any of the foregoing; and includes any one, | 7238 |
| part of, or any combination of the foregoing; and further includes | 7239 |
| site improvements, utilities, machinery, facilities, furnishings, | 7240 |
| and any separate or connected buildings, structures, improvements, | 7241 |
| sites, utilities, facilities, or equipment to be used in, or in | 7242 |
| connection with the operation or maintenance of, or supplementing | 7243 |
| or otherwise related to the services or facilities to be provided | 7244 |
| by, any one or more of such hospital facilities. | 7245 |
| (F) "Costs of hospital facilities" means the costs of | 7246 |
| acquiring hospital facilities or interests in hospital facilities, | 7247 |
| including membership interests in nonprofit hospital agencies, | 7248 |
| costs of constructing hospital facilities, costs of improving one | 7249 |
| or more hospital facilities, including reconstructing, | 7250 |
| rehabilitating, remodeling, renovating, and enlarging, costs of | 7251 |
| equipping and furnishing such facilities, and all financing costs | 7252 |
| pertaining thereto, including, without limitation thereto, costs | 7253 |
| of engineering, architectural, and other professional services, | 7254 |
| designs, plans, specifications and surveys, and estimates of cost, | 7255 |
| costs of tests and inspections, the costs of any indemnity or | 7256 |
| surety bonds and premiums on insurance, all related direct or | 7257 |
| allocable administrative expenses pertaining thereto, fees and | 7258 |
| expenses of trustees, depositories, and paying agents for the | 7259 |
| obligations, cost of issuance of the obligations and financing | 7260 |
| charges and fees and expenses of financial advisors, attorneys, | 7261 |
| accountants, consultants and rating services in connection | 7262 |
| therewith, capitalized interest on the obligations, amounts | 7263 |
| necessary to establish reserves as required by the bond | 7264 |
| proceedings, the reimbursement of all moneys advanced or applied | 7265 |
| by the hospital agency or others or borrowed from others for the | 7266 |
| payment of any item or items of costs of such facilities, and all | 7267 |
| other expenses necessary or incident to planning or determining | 7268 |
| feasibility or practicability with respect to such facilities, and | 7269 |
| such other expenses as may be necessary or incident to the | 7270 |
| acquisition, construction, reconstruction, rehabilitation, | 7271 |
| remodeling, renovation, enlargement, improvement, equipment, and | 7272 |
| furnishing of such facilities, the financing thereof, and the | 7273 |
| placing of the same in use and operation, including any one, part | 7274 |
| of, or combination of such classes of costs and expenses, and | 7275 |
| means the costs of refinancing obligations issued by, or | 7276 |
| reimbursement of money advanced by, nonprofit hospital agencies or | 7277 |
| others the proceeds of which were used for the payment of costs of | 7278 |
| hospital facilities, if the governing body of the public hospital | 7279 |
| agency determines that the refinancing or reimbursement advances | 7280 |
| the purposes of this chapter, whether or not the refinancing or | 7281 |
| reimbursement is in conjunction with the acquisition or | 7282 |
| construction of additional hospital facilities. | 7283 |
| (G) "Hospital receipts" means all moneys received by or on | 7284 |
| behalf of a hospital agency from or in connection with the | 7285 |
| ownership, operation, acquisition, construction, improvement, | 7286 |
| equipping, or financing of any hospital facilities, including, | 7287 |
| without limitation thereto, any rentals and other moneys received | 7288 |
| from the lease, sale, or other disposition of hospital facilities, | 7289 |
| and any gifts, grants, interest subsidies, or other moneys | 7290 |
| received under any federal program for assistance in financing the | 7291 |
| costs of hospital facilities, and any other gifts, grants, and | 7292 |
| donations, and receipts therefrom, available for financing the | 7293 |
| costs of hospital facilities. | 7294 |
| (H) "Obligations" means bonds, notes, or other evidences of | 7295 |
| indebtedness or obligation, including interest coupons pertaining | 7296 |
| thereto, issued or issuable by a public hospital agency to pay | 7297 |
| costs of hospital facilities. | 7298 |
| (I) "Bond service charges" means principal, interest, and | 7299 |
| call premium, if any, required to be paid on obligations. | 7300 |
| (J) "Bond proceedings" means one or more ordinances, | 7301 |
| resolutions, trust agreements, indentures, and other agreements or | 7302 |
| documents, and amendments and supplements to the foregoing, or any | 7303 |
| combination thereof, authorizing or providing for the terms, | 7304 |
| including any variable interest rates, and conditions applicable | 7305 |
| to, or providing for the security of, obligations and the | 7306 |
| provisions contained in such obligations. | 7307 |
| (K) "Nursing home" has the same meaning as in division (A)(1) | 7308 |
| of section 5701.13 of the Revised Code. | 7309 |
| (L) "Residential care facility" has the same meaning as in | 7310 |
| division (A)(2) of section 5701.13 of the Revised Code. | 7311 |
| (M)
| 7312 |
| 7313 |
| | 7314 |
| facility or other housing facility designed or used as a residence | 7315 |
| for elderly persons. An "independent living facility" does not | 7316 |
| include a residential facility, or that part of a residential | 7317 |
| facility, that is any of the following: | 7318 |
| (1) A hospital required to be certified by section 3727.02 of | 7319 |
| the Revised Code; | 7320 |
| (2) A nursing home or residential care facility; | 7321 |
| (3) | 7322 |
| | 7323 |
| under section 3712.04 of the Revised Code and used for the | 7324 |
| program's hospice patients; | 7325 |
| (4) A residential facility licensed by the department of | 7326 |
| mental health under section 5119.22 of the Revised Code that | 7327 |
| provides accommodations, supervision, and personal care services | 7328 |
| for three to sixteen unrelated adults; | 7329 |
| (5) A residential facility | 7330 |
| the department of mental health under section 5119.22 of the | 7331 |
| Revised Code that is not a residential facility described in | 7332 |
| division (M)(4) of this section; | 7333 |
| (6) A facility licensed to provide methadone treatment under | 7334 |
| section 3793.11 of the Revised Code; | 7335 |
| (7) A facility certified as an alcohol and drug addiction | 7336 |
| program under section 3793.06 of the Revised Code; | 7337 |
| (8) A residential facility licensed under section 5123.19 of | 7338 |
| the Revised Code or a facility providing services under a contract | 7339 |
| with the department of developmental disabilities under section | 7340 |
| 5123.18 of the Revised Code; | 7341 |
| (9) A residential facility used as part of a hospital to | 7342 |
| provide housing for staff of the hospital or students pursuing a | 7343 |
| course of study at the hospital. | 7344 |
| Sec. 140.03. (A) Two or more hospital agencies may enter | 7345 |
| into agreements for the acquisition, construction, reconstruction, | 7346 |
| rehabilitation, remodeling, renovating, enlarging, equipping, and | 7347 |
| furnishing of hospital facilities, or the management, operation, | 7348 |
| occupancy, use, maintenance, and repair of hospital facilities, or | 7349 |
| for participation in programs, projects, activities, and services | 7350 |
| useful to, connected with, supplementing, or otherwise related to | 7351 |
| the services provided by, or the operation of, hospital facilities | 7352 |
| operated by one or more participating hospital agencies, including | 7353 |
| any combination of such purposes, all in such manner as to promote | 7354 |
| the public purpose stated in section 140.02 of the Revised Code. A | 7355 |
| city health district; general health district; board of alcohol, | 7356 |
| drug addiction, and mental health services; county board of | 7357 |
| developmental disabilities; the department of mental health; the | 7358 |
| department of developmental disabilities; or any public body | 7359 |
| engaged in the education or training of health professions | 7360 |
| personnel may join in any such agreement for purposes related to | 7361 |
| its authority under laws applicable to it, and as such a | 7362 |
| participant shall be considered a public hospital agency or | 7363 |
| hospital agency for the purposes of this section. | 7364 |
| (B) An agreement entered into under authority of this section | 7365 |
| shall, where appropriate, provide for: | 7366 |
| (1) The manner in which the title to the hospital facilities, | 7367 |
| including the sites and interest in real estate pertaining | 7368 |
| thereto, is to be held, transferred, or disposed of; | 7369 |
| (2) Unless provided for by lease pursuant to section 140.05 | 7370 |
| of the Revised Code, the method by which such hospital facilities | 7371 |
| are to be acquired, constructed, or otherwise improved and by | 7372 |
| which they shall be managed, occupied, maintained, and repaired, | 7373 |
| including the designation of one of the hospital agencies to have | 7374 |
| charge of the details of acquisition, construction, or improvement | 7375 |
| pursuant to the contracting procedures prescribed under the law | 7376 |
| applicable to one of the participating public hospital agencies; | 7377 |
| (3) The management or administration of any such programs, | 7378 |
| projects, activities, or services, which may include management or | 7379 |
| administration by one of said hospital agencies or a board or | 7380 |
| agency thereof; | 7381 |
| (4) Annual, or more frequent, reports to the participating | 7382 |
| hospital agencies as to the revenues and receipts pertaining to | 7383 |
| the subject of the agreement, the expenditures thereof, the status | 7384 |
| and application of other funds contributed under such agreement, | 7385 |
| and such other matters as may be specified by or pursuant to such | 7386 |
| agreement; | 7387 |
| (5) The manner of apportionment or sharing of costs of | 7388 |
| hospital facilities, any other applicable costs of management, | 7389 |
| operation, maintenance, and repair of hospital facilities, and | 7390 |
| costs for the programs, projects, activities, and services forming | 7391 |
| the subject of the agreement, which apportionment or sharing may | 7392 |
| be prescribed in fixed amounts, or determined by ratios, formulas, | 7393 |
| or otherwise, and paid as service charges, rentals, or in such | 7394 |
| other manner as provided in the agreement, and may include amounts | 7395 |
| sufficient to meet the bond service charges and other payments and | 7396 |
| deposits required under the bond proceedings for obligations | 7397 |
| issued to pay costs of hospital facilities. A hospital agency may | 7398 |
| commit itself to make such payments at least for so long as any | 7399 |
| such obligations are outstanding. In the apportionment, different | 7400 |
| classes of costs or expenses may be apportioned to one or more, | 7401 |
| all or less than all, of the participating hospital agencies as | 7402 |
| determined under such agreement. | 7403 |
| (C) An agreement entered into under authority of this section | 7404 |
| may provide for: | 7405 |
| (1) An orderly process for making determinations or advising | 7406 |
| as to planning, execution, implementation, and operation, which | 7407 |
| may include designating one of the hospital agencies, or a board | 7408 |
| thereof, for any of such purposes, provisions for a committee, | 7409 |
| board, or commission, and for representation thereon, or as may | 7410 |
| otherwise be provided; | 7411 |
| (2) Securing necessary personnel, including participation of | 7412 |
| personnel from the respective hospital agencies; | 7413 |
| (3) Standards or conditions for the admission or | 7414 |
| participation of patients and physicians; | 7415 |
| (4) Conditions for admittance of other hospital agencies to | 7416 |
| participation under the agreement; | 7417 |
| (5) Fixing or establishing the method of determining charges | 7418 |
| to be made for particular services; | 7419 |
| (6) The manner of amending, supplementing, terminating, or | 7420 |
| withdrawal or removal of any party from, the agreement, and the | 7421 |
| term of the agreement, or an indefinite term; | 7422 |
| (7) Designation of the applicants for or recipients of any | 7423 |
| federal, state, or other aid, assistance, or loans available by | 7424 |
| reason of any activities conducted under the agreement; | 7425 |
| (8) Designation of one or more of the participating hospital | 7426 |
| agencies to maintain, prepare, and submit, on behalf of all | 7427 |
| parties to the agreement, any or all records and reports with | 7428 |
| regard to the activities conducted under the agreement; | 7429 |
| (9) Any incidental use of the hospital facilities, or | 7430 |
| services thereof, by participating public hospital agencies for | 7431 |
| any of their lawful purposes, which incidental use does not impair | 7432 |
| the character of the facilities as hospital facilities for any | 7433 |
| purpose of this chapter; | 7434 |
| (10) Such other matters as the parties thereto may agree upon | 7435 |
| for the purposes of division (A) of this section. | 7436 |
| (D) For the purpose of paying or contributing its share under | 7437 |
| an agreement made under this section, a public hospital agency | 7438 |
| may: | 7439 |
| (1) Expend any moneys from its general fund, and from any | 7440 |
| other funds not otherwise restricted by law, but including funds | 7441 |
| for permanent improvements of hospital facilities of such public | 7442 |
| hospital agency where the contribution is to be made toward the | 7443 |
| costs of hospital facilities under the agreement, and including | 7444 |
| funds derived from levies for, or receipts available for, | 7445 |
| operating expenses of hospital facilities or services of such | 7446 |
| public hospital agency where the contribution or payment is to be | 7447 |
| made toward operating expenses of the hospital facilities or | 7448 |
| services under the agreement or for the services provided thereby; | 7449 |
| (2) Issue obligations under Chapter 133. or section 140.06, | 7450 |
| 339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section | 7451 |
| 3 of Article XVIII, Ohio Constitution, if applicable to such | 7452 |
| public hospital agency, to pay costs of hospital facilities, or | 7453 |
| issue obligations under any other provision of law authorizing | 7454 |
| such public hospital agency to issue obligations for any costs of | 7455 |
| hospital facilities; | 7456 |
| (3) Levy taxes under Chapter 5705. or section 513.13 or | 7457 |
| 3709.29 of the Revised Code, if applicable to such public hospital | 7458 |
| agency, provided that the purpose of such levy may include the | 7459 |
| provision of funds for either or both permanent improvements and | 7460 |
| current expenses if required for the contribution or payment of | 7461 |
| such hospital agency under such agreement, and each such public | 7462 |
| hospital agency may issue notes in anticipation of any such levy, | 7463 |
| pursuant to the procedures provided in section 5705.191 of the | 7464 |
| Revised Code if the levy is solely for current expenses, and in | 7465 |
| section 5705.193 of the Revised Code if the levy is all or in part | 7466 |
| for permanent improvements; | 7467 |
| (4) Contribute real and personal property or interest therein | 7468 |
| without necessity for competitive bidding or public auction on | 7469 |
| disposition of such property. | 7470 |
| (E) Any funds provided by public hospital agencies that are | 7471 |
| parties to an agreement entered into under this section shall be | 7472 |
| transferred to and placed in a separate fund or funds of such | 7473 |
| participating public hospital agency as is designated under the | 7474 |
| agreement. The funds shall be applied for the purposes provided in | 7475 |
| such agreement and are subject to audit. Pursuant to any | 7476 |
| determinations to be made under such agreement, the funds shall be | 7477 |
| deposited, invested, and disbursed under the provisions of law | 7478 |
| applicable to the public hospital agency in whose custody the | 7479 |
| funds are held. This division is subject to the provisions of any | 7480 |
| applicable bond proceedings under section 133.08, 140.06, 339.15, | 7481 |
| or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio | 7482 |
| Constitution. The records and reports of such public hospital | 7483 |
| agency under Chapter 117. of the Revised Code and sections 3702.51 | 7484 |
| to 3702.62 of the Revised Code, with respect to the funds shall be | 7485 |
| sufficient without necessity for reports thereon by the other | 7486 |
| public hospital agencies participating under such agreement. | 7487 |
| (F)(1) Prior to its entry into any such agreement, the public | 7488 |
| hospital agency must determine, and set forth in a resolution or | 7489 |
| ordinance, that the contribution to be made by it under such | 7490 |
| agreement will be fair consideration for value and benefit to be | 7491 |
| derived by it under such agreement and that the agreement will | 7492 |
| promote the public purpose stated in section 140.02 of the Revised | 7493 |
| Code. | 7494 |
| (2) If the agreement is with a board of county commissioners, | 7495 |
| board of county hospital trustees, or county hospital commission | 7496 |
| and is an initial agreement for the acquisition or operation of a | 7497 |
| county hospital operated by a board of county hospital trustees | 7498 |
| under section 339.06 of the Revised Code, the governing body of | 7499 |
| the public hospital agency shall submit the agreement, accompanied | 7500 |
| by the resolution or ordinance, to the board of county | 7501 |
| commissioners for review pursuant to section 339.091 of the | 7502 |
| Revised Code. The agreement may be entered into only if the board | 7503 |
| of county commissioners adopts a resolution under that section. | 7504 |
| The requirements of division (F)(2) of this section do not apply | 7505 |
| to the agreement if one or more hospitals classified as general | 7506 |
|
hospitals by the
| 7507 |
| 3701.07 of the Revised Code are operating in the same county as | 7508 |
| the county hospital. | 7509 |
| Sec. 140.05. (A)(1) A public hospital agency may lease any | 7510 |
| hospital facility to one or more hospital agencies for use as a | 7511 |
| hospital facility, or to one or more city or general health | 7512 |
| districts; boards of alcohol, drug addiction, and mental health | 7513 |
| services; county boards of developmental disabilities; the | 7514 |
| department of mental health; or the department of developmental | 7515 |
| disabilities, for uses which they are authorized to make thereof | 7516 |
| under the laws applicable to them, or any combination of them, and | 7517 |
| they may lease such facilities to or from a hospital agency for | 7518 |
| such uses, upon such terms and conditions as are agreed upon by | 7519 |
| the parties. Such lease may be for a term of fifty years or less | 7520 |
| and may provide for an option of the lessee to renew for a term of | 7521 |
| fifty years or less, as therein set forth. Prior to entering into | 7522 |
| such lease, the governing body of any public hospital agency | 7523 |
| granting such lease must determine, and set forth in a resolution | 7524 |
| or ordinance, that such lease will promote the public purpose | 7525 |
| stated in section 140.02 of the Revised Code and that the lessor | 7526 |
| public hospital agency will be duly benefited thereby. | 7527 |
| (2) If the lease is with a board of county commissioners, | 7528 |
| board of county hospital trustees, or county hospital commission | 7529 |
| and is an agreement for the initial lease of a county hospital | 7530 |
| operated by a board of county hospital trustees under section | 7531 |
| 339.06 of the Revised Code, the governing body of the public | 7532 |
| hospital agency shall submit the agreement, accompanied by the | 7533 |
| resolution or ordinance, to the board of county commissioners for | 7534 |
| review pursuant to section 339.091 of the Revised Code. The | 7535 |
| agreement may be entered into only if the board of county | 7536 |
| commissioners adopts a resolution under that section. The | 7537 |
| requirements of division (A)(2) of this section do not apply to | 7538 |
| the lease if one or more hospitals classified as general hospitals | 7539 |
|
by the | 7540 |
| the Revised Code are operating in the same county as the county | 7541 |
| hospital. | 7542 |
| (B) Any lease entered into pursuant to this section shall | 7543 |
| provide that in the event that the lessee fails faithfully and | 7544 |
| efficiently to administer, maintain, and operate such leased | 7545 |
| facilities as hospital facilities, or fails to provide the | 7546 |
| services thereof without regard to race, creed, color, or national | 7547 |
| origin, or fails to require that any hospital agency using such | 7548 |
| facilities or the services thereof shall not discriminate by | 7549 |
| reason of race, creed, color, or national origin, after an | 7550 |
| opportunity to be heard upon written charges, said lease may be | 7551 |
| terminated at the time, in the manner and with consequences | 7552 |
| therein provided. If any such lease does not contain terms to the | 7553 |
| effect provided in this division, it shall nevertheless be deemed | 7554 |
| to contain such terms which shall be implemented as determined by | 7555 |
| the governing body of the lessor. | 7556 |
| (C) Such lease may provide for rentals commencing at any time | 7557 |
| agreed upon, or advance rental, and continuing for such period | 7558 |
| therein provided, notwithstanding and without diminution, rebate, | 7559 |
| or setoff by reason of time of availability of the hospital | 7560 |
| facility for use, delays in construction, failure of completion, | 7561 |
| damage or destruction of the hospital facilities, or for any other | 7562 |
| reason. | 7563 |
| (D) Such lease may provide for the sale or transfer of title | 7564 |
| of the leased facilities pursuant to an option to purchase, | 7565 |
| lease-purchase, or installment purchase upon terms therein | 7566 |
| provided or to be determined as therein provided, which may | 7567 |
| include provision for the continued use thereof as a hospital | 7568 |
| facility for some reasonable period, taking into account efficient | 7569 |
| useful life and other factors, as is provided therein. | 7570 |
| (E) Such lease may be entered as part of or in connection | 7571 |
| with an agreement pursuant to section 140.03 of the Revised Code. | 7572 |
| Any hospital facilities which are the subject of an agreement | 7573 |
| entered into under section 140.03 of the Revised Code may be | 7574 |
| leased pursuant to this section. | 7575 |
| (F) If land acquired by a public hospital agency for a | 7576 |
| hospital facility is adjacent to an existing hospital facility | 7577 |
| owned by another hospital agency, the public hospital agency may, | 7578 |
| in connection with such acquisition or the leasing of such land | 7579 |
| and hospital facilities thereon to one or more hospital agencies, | 7580 |
| enter into an agreement with the hospital agency which owns such | 7581 |
| adjacent hospital facility for the use of common walls in the | 7582 |
| construction, operation, or maintenance of hospital facilities of | 7583 |
| the public hospital agency. For the purpose of construction, | 7584 |
| operation, or maintenance of hospital facilities, a public | 7585 |
| hospital agency may acquire by purchase, gift, lease, lease with | 7586 |
| option to purchase, lease-purchase, or installment purchase, | 7587 |
| easement deed, or other agreement, real estate and interests in | 7588 |
| real estate, including rights to use space over, under or upon | 7589 |
| real property owned by others, and support, access, common wall, | 7590 |
| and other rights in connection therewith. Any public hospital | 7591 |
| agency or other political subdivision or any public agency, board, | 7592 |
| commission, institution, body, or instrumentality may grant such | 7593 |
| real estate, interests, or rights to any hospital agency upon such | 7594 |
| terms as are agreed upon without necessity for competitive bidding | 7595 |
| or public auction. | 7596 |
| Sec. 140.08. (A) Except as otherwise provided in divisions | 7597 |
| (B)(1) and (2) of this section, all hospital facilities purchased, | 7598 |
| acquired, constructed, or owned by a public hospital agency, or | 7599 |
| financed in whole or in part by obligations issued by a public | 7600 |
| hospital agency, and used, or to be used when completed, as | 7601 |
| hospital facilities, and the income therefrom, are exempt from all | 7602 |
| taxation within this state, including ad valorem and excise taxes, | 7603 |
| notwithstanding any other provisions of law, and hospital agencies | 7604 |
| are exempt from taxes levied under Chapters 5739. and 5741. of the | 7605 |
| Revised Code. The obligations issued hereafter under section | 7606 |
| 133.08, 140.06, or 339.15 of the Revised Code or Section 3 of | 7607 |
| Article XVIII, Ohio Constitution, to pay costs of hospital | 7608 |
| facilities or to refund such obligations, and the transfer | 7609 |
| thereof, and the interest and other income from such obligations, | 7610 |
| including any profit made on the sale thereof, is free from | 7611 |
| taxation within the state. | 7612 |
| (B)(1) Division (A) of this section does not exempt | 7613 |
| independent living facilities from taxes levied on property or | 7614 |
| taxes levied under Chapters 5739. and 5741. of the Revised Code. | 7615 |
| If an independent living facility or part of such facility becomes | 7616 |
| 7617 | |
| on or after January 10, 1991, a nursing home, residential care | 7618 |
| facility, or residential facility described in division (M)(4) of | 7619 |
| section 140.01 of the Revised Code, that part of the independent | 7620 |
|
living facility that is | 7621 |
| residential care facility, or residential facility described in | 7622 |
| division (M)(4) of section 140.01 of the Revised Code is exempt | 7623 |
| from taxation subject to division (B)(2) of this section on and | 7624 |
|
after the date it becomes | 7625 |
| 7626 | |
| division (M)(4) of section 140.01 of the Revised Code. | 7627 |
| (2) Division (A) of this section exempts nursing homes, | 7628 |
|
residential care facilities, and | 7629 |
| described in division (M)(4) of section 140.01 of the Revised Code | 7630 |
| from taxes levied on property and taxes levied under Chapters | 7631 |
| 5739. and 5741. of the Revised Code only until all obligations | 7632 |
| issued to finance such homes or facilities, or all refunding or | 7633 |
| series of refundings of those obligations, are redeemed or | 7634 |
| otherwise retired. | 7635 |
| Sec. 145.01. As used in this chapter: | 7636 |
| (A) "Public employee" means: | 7637 |
| (1) Any person holding an office, not elective, under the | 7638 |
| state or any county, township, municipal corporation, park | 7639 |
| district, conservancy district, sanitary district, health | 7640 |
| district, metropolitan housing authority, state retirement board, | 7641 |
| Ohio historical society, public library, county law library, union | 7642 |
| cemetery, joint hospital, institutional commissary, state | 7643 |
| university, or board, bureau, commission, council, committee, | 7644 |
| authority, or administrative body as the same are, or have been, | 7645 |
| created by action of the general assembly or by the legislative | 7646 |
| authority of any of the units of local government named in | 7647 |
| division (A)(1) of this section, or employed and paid in whole or | 7648 |
| in part by the state or any of the authorities named in division | 7649 |
| (A)(1) of this section in any capacity not covered by section | 7650 |
| 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 7651 |
| (2) A person who is a member of the public employees | 7652 |
| retirement system and who continues to perform the same or similar | 7653 |
| duties under the direction of a contractor who has contracted to | 7654 |
| take over what before the date of the contract was a publicly | 7655 |
| operated function. The governmental unit with which the contract | 7656 |
| has been made shall be deemed the employer for the purposes of | 7657 |
| administering this chapter. | 7658 |
| (3) Any person who is an employee of a public employer, | 7659 |
| notwithstanding that the person's compensation for that employment | 7660 |
| is derived from funds of a person or entity other than the | 7661 |
| employer. Credit for such service shall be included as total | 7662 |
| service credit, provided that the employee makes the payments | 7663 |
| required by this chapter, and the employer makes the payments | 7664 |
| required by sections 145.48 and 145.51 of the Revised Code. | 7665 |
| (4) A person who elects in accordance with section 145.015 of | 7666 |
| the Revised Code to remain a contributing member of the public | 7667 |
| employees retirement system. | 7668 |
| (5) A person who is an employee of the legal rights service | 7669 |
| on September 30, 2012, and continues to be employed by the | 7670 |
| nonprofit entity established under Section 319.20 of Am. Sub. H.B. | 7671 |
| 153 of the 129th general assembly. The nonprofit entity is the | 7672 |
| employer for the purpose of this chapter. | 7673 |
| In all cases of doubt, the public employees retirement board | 7674 |
| shall determine whether any person is a public employee, and its | 7675 |
| decision is final. | 7676 |
| (B) "Member" means any public employee, other than a public | 7677 |
| employee excluded or exempted from membership in the retirement | 7678 |
| system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 7679 |
| 145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 7680 |
| retirant who becomes a member under division (C) of section 145.38 | 7681 |
| of the Revised Code. "Member" also includes a disability benefit | 7682 |
| recipient. | 7683 |
| (C) "Head of the department" means the elective or appointive | 7684 |
| head of the several executive, judicial, and administrative | 7685 |
| departments, institutions, boards, and commissions of the state | 7686 |
| and local government as the same are created and defined by the | 7687 |
| laws of this state or, in case of a charter government, by that | 7688 |
| charter. | 7689 |
| (D) "Employer" or "public employer" means the state or any | 7690 |
| county, township, municipal corporation, park district, | 7691 |
| conservancy district, sanitary district, health district, | 7692 |
| metropolitan housing authority, state retirement board, Ohio | 7693 |
| historical society, public library, county law library, union | 7694 |
| cemetery, joint hospital, institutional commissary, state medical | 7695 |
| university, state university, or board, bureau, commission, | 7696 |
| council, committee, authority, or administrative body as the same | 7697 |
| are, or have been, created by action of the general assembly or by | 7698 |
| the legislative authority of any of the units of local government | 7699 |
| named in this division not covered by section 742.01, 3307.01, | 7700 |
| 3309.01, or 5505.01 of the Revised Code. In addition, "employer" | 7701 |
| means the employer of any public employee. | 7702 |
| (E) "Prior service" means all service as a public employee | 7703 |
| rendered before January 1, 1935, and all service as an employee of | 7704 |
| any employer who comes within the state teachers retirement system | 7705 |
| or of the school employees retirement system or of any other | 7706 |
| retirement system established under the laws of this state | 7707 |
| rendered prior to January 1, 1935, provided that if the employee | 7708 |
| claiming the service was employed in any capacity covered by that | 7709 |
| other system after that other system was established, credit for | 7710 |
| the service may be allowed by the public employees retirement | 7711 |
| system only when the employee has made payment, to be computed on | 7712 |
| the salary earned from the date of appointment to the date | 7713 |
| membership was established in the public employees retirement | 7714 |
| system, at the rate in effect at the time of payment, and the | 7715 |
| employer has made payment of the corresponding full liability as | 7716 |
| provided by section 145.44 of the Revised Code. "Prior service" | 7717 |
| also means all service credited for active duty with the armed | 7718 |
| forces of the United States as provided in section 145.30 of the | 7719 |
| Revised Code. | 7720 |
| If an employee who has been granted prior service credit by | 7721 |
| the public employees retirement system for service rendered prior | 7722 |
| to January 1, 1935, as an employee of a board of education | 7723 |
| establishes, before retirement, one year or more of contributing | 7724 |
| service in the state teachers retirement system or school | 7725 |
| employees retirement system, then the prior service ceases to be | 7726 |
| the liability of this system. | 7727 |
| If the board determines that a position of any member in any | 7728 |
| calendar year prior to January 1, 1935, was a part-time position, | 7729 |
| the board shall determine what fractional part of a year's credit | 7730 |
| shall be allowed by the following formula: | 7731 |
| (1) When the member has been either elected or appointed to | 7732 |
| an office the term of which was two or more years and for which an | 7733 |
| annual salary is established, the fractional part of the year's | 7734 |
| credit shall be computed as follows: | 7735 |
| First, when the member's annual salary is one thousand | 7736 |
| dollars or less, the service credit for each such calendar year | 7737 |
| shall be forty per cent of a year. | 7738 |
| Second, for each full one hundred dollars of annual salary | 7739 |
| above one thousand dollars, the member's service credit for each | 7740 |
| such calendar year shall be increased by two and one-half per | 7741 |
| cent. | 7742 |
| (2) When the member is paid on a per diem basis, the service | 7743 |
| credit for any single year of the service shall be determined by | 7744 |
| using the number of days of service for which the compensation was | 7745 |
| received in any such year as a numerator and using two hundred | 7746 |
| fifty days as a denominator. | 7747 |
| (3) When the member is paid on an hourly basis, the service | 7748 |
| credit for any single year of the service shall be determined by | 7749 |
| using the number of hours of service for which the compensation | 7750 |
| was received in any such year as a numerator and using two | 7751 |
| thousand hours as a denominator. | 7752 |
| (F) "Contributor" means any person who has an account in the | 7753 |
| employees' savings fund created by section 145.23 of the Revised | 7754 |
| Code. When used in the sections listed in division (B) of section | 7755 |
| 145.82 of the Revised Code, "contributor" includes any person | 7756 |
| participating in a PERS defined contribution plan. | 7757 |
| (G) "Beneficiary" or "beneficiaries" means the estate or a | 7758 |
| person or persons who, as the result of the death of a member, | 7759 |
| contributor, or retirant, qualify for or are receiving some right | 7760 |
| or benefit under this chapter. | 7761 |
| (H)(1) "Total service credit," except as provided in section | 7762 |
| 145.37 of the Revised Code, means all service credited to a member | 7763 |
| of the retirement system since last becoming a member, including | 7764 |
| restored service credit as provided by section 145.31 of the | 7765 |
| Revised Code; credit purchased under sections 145.293 and 145.299 | 7766 |
| of the Revised Code; all the member's prior service credit; all | 7767 |
| the member's military service credit computed as provided in this | 7768 |
| chapter; all service credit established pursuant to section | 7769 |
| 145.297 of the Revised Code; and any other service credited under | 7770 |
| this chapter. In addition, "total service credit" includes any | 7771 |
| period, not in excess of three years, during which a member was | 7772 |
| out of service and receiving benefits under Chapters 4121. and | 7773 |
| 4123. of the Revised Code. For the exclusive purpose of satisfying | 7774 |
| the service credit requirement and of determining eligibility for | 7775 |
| benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 7776 |
| and 145.361 of the Revised Code, "five or more years of total | 7777 |
| service credit" means sixty or more calendar months of | 7778 |
| contributing service in this system. | 7779 |
| (2) "One and one-half years of contributing service credit," | 7780 |
| as used in division (B) of section 145.45 of the Revised Code, | 7781 |
| also means eighteen or more calendar months of employment by a | 7782 |
| municipal corporation that formerly operated its own retirement | 7783 |
| plan for its employees or a part of its employees, provided that | 7784 |
| all employees of that municipal retirement plan who have eighteen | 7785 |
| or more months of such employment, upon establishing membership in | 7786 |
| the public employees retirement system, shall make a payment of | 7787 |
| the contributions they would have paid had they been members of | 7788 |
| this system for the eighteen months of employment preceding the | 7789 |
| date membership was established. When that payment has been made | 7790 |
| by all such employee members, a corresponding payment shall be | 7791 |
| paid into the employers' accumulation fund by that municipal | 7792 |
| corporation as the employer of the employees. | 7793 |
| (3) Where a member also is a member of the state teachers | 7794 |
| retirement system or the school employees retirement system, or | 7795 |
| both, except in cases of retirement on a combined basis pursuant | 7796 |
| to section 145.37 of the Revised Code or as provided in section | 7797 |
| 145.383 of the Revised Code, service credit for any period shall | 7798 |
| be credited on the basis of the ratio that contributions to the | 7799 |
| public employees retirement system bear to total contributions in | 7800 |
| all state retirement systems. | 7801 |
| (4) Not more than one year of credit may be given for any | 7802 |
| period of twelve months. | 7803 |
| (5) "Ohio service credit" means credit for service that was | 7804 |
| rendered to the state or any of its political subdivisions or any | 7805 |
| employer. | 7806 |
| (I) "Regular interest" means interest at any rates for the | 7807 |
| respective funds and accounts as the public employees retirement | 7808 |
| board may determine from time to time. | 7809 |
| (J) "Accumulated contributions" means the sum of all amounts | 7810 |
| credited to a contributor's individual account in the employees' | 7811 |
| savings fund together with any interest credited to the | 7812 |
| contributor's account under section 145.471 or 145.472 of the | 7813 |
| Revised Code. | 7814 |
| (K)(1) "Final average salary" means the quotient obtained by | 7815 |
| dividing by three the sum of the three full calendar years of | 7816 |
| contributing service in which the member's earnable salary was | 7817 |
| highest, except that if the member has a partial year of | 7818 |
| contributing service in the year the member's employment | 7819 |
| terminates and the member's earnable salary for the partial year | 7820 |
| is higher than for any comparable period in the three years, the | 7821 |
| member's earnable salary for the partial year shall be substituted | 7822 |
| for the member's earnable salary for the comparable period during | 7823 |
| the three years in which the member's earnable salary was lowest. | 7824 |
| (2) If a member has less than three years of contributing | 7825 |
| service, the member's final average salary shall be the member's | 7826 |
| total earnable salary divided by the total number of years, | 7827 |
| including any fraction of a year, of the member's contributing | 7828 |
| service. | 7829 |
| (3) For the purpose of calculating benefits payable to a | 7830 |
| member qualifying for service credit under division (Z) of this | 7831 |
| section, "final average salary" means the total earnable salary on | 7832 |
| which contributions were made divided by the total number of years | 7833 |
| during which contributions were made, including any fraction of a | 7834 |
| year. If contributions were made for less than twelve months, | 7835 |
| "final average salary" means the member's total earnable salary. | 7836 |
| (L) "Annuity" means payments for life derived from | 7837 |
| contributions made by a contributor and paid from the annuity and | 7838 |
| pension reserve fund as provided in this chapter. All annuities | 7839 |
| shall be paid in twelve equal monthly installments. | 7840 |
| (M) "Annuity reserve" means the present value, computed upon | 7841 |
| the basis of the mortality and other tables adopted by the board, | 7842 |
| of all payments to be made on account of any annuity, or benefit | 7843 |
| in lieu of any annuity, granted to a retirant as provided in this | 7844 |
| chapter. | 7845 |
| (N)(1) "Disability retirement" means retirement as provided | 7846 |
| in section 145.36 of the Revised Code. | 7847 |
| (2) "Disability allowance" means an allowance paid on account | 7848 |
| of disability under section 145.361 of the Revised Code. | 7849 |
| (3) "Disability benefit" means a benefit paid as disability | 7850 |
| retirement under section 145.36 of the Revised Code, as a | 7851 |
| disability allowance under section 145.361 of the Revised Code, or | 7852 |
| as a disability benefit under section 145.37 of the Revised Code. | 7853 |
| (4) "Disability benefit recipient" means a member who is | 7854 |
| receiving a disability benefit. | 7855 |
| (O) "Age and service retirement" means retirement as provided | 7856 |
| in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 7857 |
| the Revised Code. | 7858 |
| (P) "Pensions" means annual payments for life derived from | 7859 |
| contributions made by the employer that at the time of retirement | 7860 |
| are credited into the annuity and pension reserve fund from the | 7861 |
| employers' accumulation fund and paid from the annuity and pension | 7862 |
| reserve fund as provided in this chapter. All pensions shall be | 7863 |
| paid in twelve equal monthly installments. | 7864 |
| (Q) "Retirement allowance" means the pension plus that | 7865 |
| portion of the benefit derived from contributions made by the | 7866 |
| member. | 7867 |
| (R)(1) Except as otherwise provided in division (R) of this | 7868 |
| section, "earnable salary" means all salary, wages, and other | 7869 |
| earnings paid to a contributor by reason of employment in a | 7870 |
| position covered by the retirement system. The salary, wages, and | 7871 |
| other earnings shall be determined prior to determination of the | 7872 |
| amount required to be contributed to the employees' savings fund | 7873 |
| under section 145.47 of the Revised Code and without regard to | 7874 |
| whether any of the salary, wages, or other earnings are treated as | 7875 |
| deferred income for federal income tax purposes. "Earnable salary" | 7876 |
| includes the following: | 7877 |
| (a) Payments made by the employer in lieu of salary, wages, | 7878 |
| or other earnings for sick leave, personal leave, or vacation used | 7879 |
| by the contributor; | 7880 |
| (b) Payments made by the employer for the conversion of sick | 7881 |
| leave, personal leave, and vacation leave accrued, but not used if | 7882 |
| the payment is made during the year in which the leave is accrued, | 7883 |
| except that payments made pursuant to section 124.383 or 124.386 | 7884 |
| of the Revised Code are not earnable salary; | 7885 |
| (c) Allowances paid by the employer for full maintenance, | 7886 |
| consisting of housing, laundry, and meals, as certified to the | 7887 |
| retirement board by the employer or the head of the department | 7888 |
| that employs the contributor; | 7889 |
| (d) Fees and commissions paid under section 507.09 of the | 7890 |
| Revised Code; | 7891 |
| (e) Payments that are made under a disability leave program | 7892 |
| sponsored by the employer and for which the employer is required | 7893 |
| by section 145.296 of the Revised Code to make periodic employer | 7894 |
| and employee contributions; | 7895 |
| (f) Amounts included pursuant to divisions (K)(3) and (Y) of | 7896 |
| this section. | 7897 |
| (2) "Earnable salary" does not include any of the following: | 7898 |
| (a) Fees and commissions, other than those paid under section | 7899 |
| 507.09 of the Revised Code, paid as sole compensation for personal | 7900 |
| services and fees and commissions for special services over and | 7901 |
| above services for which the contributor receives a salary; | 7902 |
| (b) Amounts paid by the employer to provide life insurance, | 7903 |
| sickness, accident, endowment, health, medical, hospital, dental, | 7904 |
| or surgical coverage, or other insurance for the contributor or | 7905 |
| the contributor's family, or amounts paid by the employer to the | 7906 |
| contributor in lieu of providing the insurance; | 7907 |
| (c) Incidental benefits, including lodging, food, laundry, | 7908 |
| parking, or services furnished by the employer, or use of the | 7909 |
| employer's property or equipment, or amounts paid by the employer | 7910 |
| to the contributor in lieu of providing the incidental benefits; | 7911 |
| (d) Reimbursement for job-related expenses authorized by the | 7912 |
| employer, including moving and travel expenses and expenses | 7913 |
| related to professional development; | 7914 |
| (e) Payments for accrued but unused sick leave, personal | 7915 |
| leave, or vacation that are made at any time other than in the | 7916 |
| year in which the sick leave, personal leave, or vacation was | 7917 |
| accrued; | 7918 |
| (f) Payments made to or on behalf of a contributor that are | 7919 |
| in excess of the annual compensation that may be taken into | 7920 |
| account by the retirement system under division (a)(17) of section | 7921 |
| 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 7922 |
| U.S.C.A. 401(a)(17), as amended; | 7923 |
| (g) Payments made under division (B), (C), or (E) of section | 7924 |
| 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 7925 |
| No. 3 of the 119th general assembly, Section 3 of Amended | 7926 |
| Substitute Senate Bill No. 164 of the 124th general assembly, or | 7927 |
| Amended Substitute House Bill No. 405 of the 124th general | 7928 |
| assembly; | 7929 |
| (h) Anything of value received by the contributor that is | 7930 |
| based on or attributable to retirement or an agreement to retire, | 7931 |
| except that payments made on or before January 1, 1989, that are | 7932 |
| based on or attributable to an agreement to retire shall be | 7933 |
| included in earnable salary if both of the following apply: | 7934 |
| (i) The payments are made in accordance with contract | 7935 |
| provisions that were in effect prior to January 1, 1986; | 7936 |
| (ii) The employer pays the retirement system an amount | 7937 |
| specified by the retirement board equal to the additional | 7938 |
| liability resulting from the payments. | 7939 |
| (3) The retirement board shall determine by rule whether any | 7940 |
| compensation not enumerated in division (R) of this section is | 7941 |
| earnable salary, and its decision shall be final. | 7942 |
| (S) "Pension reserve" means the present value, computed upon | 7943 |
| the basis of the mortality and other tables adopted by the board, | 7944 |
| of all payments to be made on account of any retirement allowance | 7945 |
| or benefit in lieu of any retirement allowance, granted to a | 7946 |
| member or beneficiary under this chapter. | 7947 |
| (T)(1) "Contributing service" means all service credited to a | 7948 |
| member of the system since January 1, 1935, for which | 7949 |
| contributions are made as required by sections 145.47, 145.48, and | 7950 |
| 145.483 of the Revised Code. In any year subsequent to 1934, | 7951 |
| credit for any service shall be allowed by the following formula: | 7952 |
| (a) For each month for which the member's earnable salary is | 7953 |
| two hundred fifty dollars or more, allow one month's credit. | 7954 |
| (b) For each month for which the member's earnable salary is | 7955 |
| less than two hundred fifty dollars, allow a fraction of a month's | 7956 |
| credit. The numerator of this fraction shall be the earnable | 7957 |
| salary during the month, and the denominator shall be two hundred | 7958 |
| fifty dollars, except that if the member's annual earnable salary | 7959 |
| is less than six hundred dollars, the member's credit shall not be | 7960 |
| reduced below twenty per cent of a year for a calendar year of | 7961 |
| employment during which the member worked each month. Division | 7962 |
| (T)(1)(b) of this section shall not reduce any credit earned | 7963 |
| before January 1, 1985. | 7964 |
| (2) Notwithstanding division (T)(1) of this section, an | 7965 |
| elected official who prior to January 1, 1980, was granted a full | 7966 |
| year of credit for each year of service as an elected official | 7967 |
| shall be considered to have earned a full year of credit for each | 7968 |
| year of service regardless of whether the service was full-time or | 7969 |
| part-time. The public employees retirement board has no authority | 7970 |
| to reduce the credit. | 7971 |
| (U) "State retirement board" means the public employees | 7972 |
| retirement board, the school employees retirement board, or the | 7973 |
| state teachers retirement board. | 7974 |
| (V) "Retirant" means any former member who retires and is | 7975 |
| receiving a monthly allowance as provided in sections 145.32, | 7976 |
| 145.33, 145.331, 145.34, and 145.46 of the Revised Code. | 7977 |
| (W) "Employer contribution" means the amount paid by an | 7978 |
| employer as determined under section 145.48 of the Revised Code. | 7979 |
| (X) "Public service terminates" means the last day for which | 7980 |
| a public employee is compensated for services performed for an | 7981 |
| employer or the date of the employee's death, whichever occurs | 7982 |
| first. | 7983 |
| (Y) When a member has been elected or appointed to an office, | 7984 |
| the term of which is two or more years, for which an annual salary | 7985 |
| is established, and in the event that the salary of the office is | 7986 |
| increased and the member is denied the additional salary by reason | 7987 |
| of any constitutional provision prohibiting an increase in salary | 7988 |
| during a term of office, the member may elect to have the amount | 7989 |
| of the member's contributions calculated upon the basis of the | 7990 |
| increased salary for the office. At the member's request, the | 7991 |
| board shall compute the total additional amount the member would | 7992 |
| have contributed, or the amount by which each of the member's | 7993 |
| contributions would have increased, had the member received the | 7994 |
| increased salary for the office the member holds. If the member | 7995 |
| elects to have the amount by which the member's contribution would | 7996 |
| have increased withheld from the member's salary, the member shall | 7997 |
| notify the employer, and the employer shall make the withholding | 7998 |
| and transmit it to the retirement system. A member who has not | 7999 |
| elected to have that amount withheld may elect at any time to make | 8000 |
| a payment to the retirement system equal to the additional amount | 8001 |
| the member's contribution would have increased, plus interest on | 8002 |
| that contribution, compounded annually at a rate established by | 8003 |
| the board and computed from the date on which the last | 8004 |
| contribution would have been withheld from the member's salary to | 8005 |
| the date of payment. A member may make a payment for part of the | 8006 |
| period for which the increased contribution was not withheld, in | 8007 |
| which case the interest shall be computed from the date the last | 8008 |
| contribution would have been withheld for the period for which the | 8009 |
| payment is made. Upon the payment of the increased contributions | 8010 |
| as provided in this division, the increased annual salary as | 8011 |
| provided by law for the office for the period for which the member | 8012 |
| paid increased contributions thereon shall be used in determining | 8013 |
| the member's earnable salary for the purpose of computing the | 8014 |
| member's final average salary. | 8015 |
| (Z) "Five years of service credit," for the exclusive purpose | 8016 |
| of satisfying the service credit requirements and of determining | 8017 |
| eligibility for benefits under section 145.33 of the Revised Code, | 8018 |
| means employment covered under this chapter or under a former | 8019 |
| retirement plan operated, recognized, or endorsed by the employer | 8020 |
| prior to coverage under this chapter or under a combination of the | 8021 |
| coverage. | 8022 |
| (AA) "Deputy sheriff" means any person who is commissioned | 8023 |
| and employed as a full-time peace officer by the sheriff of any | 8024 |
| county, and has been so employed since on or before December 31, | 8025 |
| 1965; any person who is or has been commissioned and employed as a | 8026 |
| peace officer by the sheriff of any county since January 1, 1966, | 8027 |
| and who has received a certificate attesting to the person's | 8028 |
| satisfactory completion of the peace officer training school as | 8029 |
| required by section 109.77 of the Revised Code; or any person | 8030 |
| deputized by the sheriff of any county and employed pursuant to | 8031 |
| section 2301.12 of the Revised Code as a criminal bailiff or court | 8032 |
| constable who has received a certificate attesting to the person's | 8033 |
| satisfactory completion of the peace officer training school as | 8034 |
| required by section 109.77 of the Revised Code. | 8035 |
| (BB) "Township constable or police officer in a township | 8036 |
| police department or district" means any person who is | 8037 |
| commissioned and employed as a full-time peace officer pursuant to | 8038 |
| Chapter 505. or 509. of the Revised Code, who has received a | 8039 |
| certificate attesting to the person's satisfactory completion of | 8040 |
| the peace officer training school as required by section 109.77 of | 8041 |
| the Revised Code. | 8042 |
| (CC) "Drug agent" means any person who is either of the | 8043 |
| following: | 8044 |
| (1) Employed full time as a narcotics agent by a county | 8045 |
| narcotics agency created pursuant to section 307.15 of the Revised | 8046 |
| Code and has received a certificate attesting to the satisfactory | 8047 |
| completion of the peace officer training school as required by | 8048 |
| section 109.77 of the Revised Code; | 8049 |
| (2) Employed full time as an undercover drug agent as defined | 8050 |
| in section 109.79 of the Revised Code and is in compliance with | 8051 |
| section 109.77 of the Revised Code. | 8052 |
| (DD) "Department of public safety enforcement agent" means a | 8053 |
| full-time employee of the department of public safety who is | 8054 |
| designated under section 5502.14 of the Revised Code as an | 8055 |
| enforcement agent and who is in compliance with section 109.77 of | 8056 |
| the Revised Code. | 8057 |
| (EE) "Natural resources law enforcement staff officer" means | 8058 |
| a full-time employee of the department of natural resources who is | 8059 |
| designated a natural resources law enforcement staff officer under | 8060 |
| section 1501.013 of the Revised Code and is in compliance with | 8061 |
| section 109.77 of the Revised Code. | 8062 |
| (FF) "Park officer" means a full-time employee of the | 8063 |
| department of natural resources who is designated a park officer | 8064 |
| under section 1541.10 of the Revised Code and is in compliance | 8065 |
| with section 109.77 of the Revised Code. | 8066 |
| (GG) "Forest officer" means a full-time employee of the | 8067 |
| department of natural resources who is designated a forest officer | 8068 |
| under section 1503.29 of the Revised Code and is in compliance | 8069 |
| with section 109.77 of the Revised Code. | 8070 |
| (HH) "Preserve officer" means a full-time employee of the | 8071 |
| department of natural resources who is designated a preserve | 8072 |
| officer under section 1517.10 of the Revised Code and is in | 8073 |
| compliance with section 109.77 of the Revised Code. | 8074 |
| (II) "Wildlife officer" means a full-time employee of the | 8075 |
| department of natural resources who is designated a wildlife | 8076 |
| officer under section 1531.13 of the Revised Code and is in | 8077 |
| compliance with section 109.77 of the Revised Code. | 8078 |
| (JJ) "State watercraft officer" means a full-time employee of | 8079 |
| the department of natural resources who is designated a state | 8080 |
| watercraft officer under section 1547.521 of the Revised Code and | 8081 |
| is in compliance with section 109.77 of the Revised Code. | 8082 |
| (KK) "Park district police officer" means a full-time | 8083 |
| employee of a park district who is designated pursuant to section | 8084 |
| 511.232 or 1545.13 of the Revised Code and is in compliance with | 8085 |
| section 109.77 of the Revised Code. | 8086 |
| (LL) "Conservancy district officer" means a full-time | 8087 |
| employee of a conservancy district who is designated pursuant to | 8088 |
| section 6101.75 of the Revised Code and is in compliance with | 8089 |
| section 109.77 of the Revised Code. | 8090 |
| (MM) "Municipal police officer" means a member of the | 8091 |
| organized police department of a municipal corporation who is | 8092 |
| employed full time, is in compliance with section 109.77 of the | 8093 |
| Revised Code, and is not a member of the Ohio police and fire | 8094 |
| pension fund. | 8095 |
| (NN) "Veterans' home police officer" means any person who is | 8096 |
| employed at a veterans' home as a police officer pursuant to | 8097 |
| section 5907.02 of the Revised Code and is in compliance with | 8098 |
| section 109.77 of the Revised Code. | 8099 |
| (OO) "Special police officer for a mental health institution" | 8100 |
| means any person who is designated as such pursuant to section | 8101 |
| 5119.14 of the Revised Code and is in compliance with section | 8102 |
| 109.77 of the Revised Code. | 8103 |
| (PP) "Special police officer for an institution for the | 8104 |
| mentally retarded and developmentally disabled" means any person | 8105 |
| who is designated as such pursuant to section 5123.13 of the | 8106 |
| Revised Code and is in compliance with section 109.77 of the | 8107 |
| Revised Code. | 8108 |
| (QQ) "State university law enforcement officer" means any | 8109 |
| person who is employed full time as a state university law | 8110 |
| enforcement officer pursuant to section 3345.04 of the Revised | 8111 |
| Code and who is in compliance with section 109.77 of the Revised | 8112 |
| Code. | 8113 |
| (RR) "House sergeant at arms" means any person appointed by | 8114 |
| the speaker of the house of representatives under division (B)(1) | 8115 |
| of section 101.311 of the Revised Code who has arrest authority | 8116 |
| under division (E)(1) of that section. | 8117 |
| (SS) "Assistant house sergeant at arms" means any person | 8118 |
| appointed by the house sergeant at arms under division (C)(1) of | 8119 |
| section 101.311 of the Revised Code. | 8120 |
| (TT) "Regional transit authority police officer" means a | 8121 |
| person who is employed full time as a regional transit authority | 8122 |
| police officer under division (Y) of section 306.35 of the Revised | 8123 |
| Code and is in compliance with section 109.77 of the Revised Code. | 8124 |
| (UU) "State highway patrol police officer" means a special | 8125 |
| police officer employed full time and designated by the | 8126 |
| superintendent of the state highway patrol pursuant to section | 8127 |
| 5503.09 of the Revised Code or a person serving full time as a | 8128 |
| special police officer pursuant to that section on a permanent | 8129 |
| basis on October 21, 1997, who is in compliance with section | 8130 |
| 109.77 of the Revised Code. | 8131 |
| (VV) "Municipal public safety director" means a person who | 8132 |
| serves full time as the public safety director of a municipal | 8133 |
| corporation with the duty of directing the activities of the | 8134 |
| municipal corporation's police department and fire department. | 8135 |
| (WW) Notwithstanding section 2901.01 of the Revised Code, | 8136 |
| "PERS law enforcement officer" means a sheriff or any of the | 8137 |
| following whose primary duties are to preserve the peace, protect | 8138 |
| life and property, and enforce the laws of this state: a deputy | 8139 |
| sheriff, township constable or police officer in a township police | 8140 |
| department or district, drug agent, department of public safety | 8141 |
| enforcement agent, natural resources law enforcement staff | 8142 |
| officer, park officer, forest officer, preserve officer, wildlife | 8143 |
| officer, state watercraft officer, park district police officer, | 8144 |
| conservancy district officer, veterans' home police officer, | 8145 |
| special police officer for a mental health institution, special | 8146 |
| police officer for an institution for the mentally retarded and | 8147 |
| developmentally disabled, state university law enforcement | 8148 |
| officer, municipal police officer, house sergeant at arms, | 8149 |
| assistant house sergeant at arms, regional transit authority | 8150 |
| police officer, or state highway patrol police officer. PERS law | 8151 |
| enforcement officer also includes a person serving as a municipal | 8152 |
| public safety director at any time during the period from | 8153 |
| September 29, 2005, to March 24, 2009, if the duties of that | 8154 |
| service were to preserve the peace, protect life and property, and | 8155 |
| enforce the laws of this state. | 8156 |
| (XX) "Hamilton county municipal court bailiff" means a person | 8157 |
| appointed by the clerk of courts of the Hamilton county municipal | 8158 |
| court under division (A)(3) of section 1901.32 of the Revised Code | 8159 |
| who is employed full time as a bailiff or deputy bailiff, who has | 8160 |
| received a certificate attesting to the person's satisfactory | 8161 |
| completion of the peace officer basic training described in | 8162 |
| division (D)(1) of section 109.77 of the Revised Code. | 8163 |
| (YY) "PERS public safety officer" means a Hamilton county | 8164 |
| municipal court bailiff, or any of the following whose primary | 8165 |
| duties are other than to preserve the peace, protect life and | 8166 |
| property, and enforce the laws of this state: a deputy sheriff, | 8167 |
| township constable or police officer in a township police | 8168 |
| department or district, drug agent, department of public safety | 8169 |
| enforcement agent, natural resources law enforcement staff | 8170 |
| officer, park officer, forest officer, preserve officer, wildlife | 8171 |
| officer, state watercraft officer, park district police officer, | 8172 |
| conservancy district officer, veterans' home police officer, | 8173 |
| special police officer for a mental health institution, special | 8174 |
| police officer for an institution for the mentally retarded and | 8175 |
| developmentally disabled, state university law enforcement | 8176 |
| officer, municipal police officer, house sergeant at arms, | 8177 |
| assistant house sergeant at arms, regional transit authority | 8178 |
| police officer, or state highway patrol police officer. "PERS | 8179 |
| public safety officer" also includes a person serving as a | 8180 |
| municipal public safety director at any time during the period | 8181 |
| from September 29, 2005, to March 24, 2009, if the duties of that | 8182 |
| service were other than to preserve the peace, protect life and | 8183 |
| property, and enforce the laws of this state. | 8184 |
| (ZZ) "Fiduciary" means a person who does any of the | 8185 |
| following: | 8186 |
| (1) Exercises any discretionary authority or control with | 8187 |
| respect to the management of the system or with respect to the | 8188 |
| management or disposition of its assets; | 8189 |
| (2) Renders investment advice for a fee, direct or indirect, | 8190 |
| with respect to money or property of the system; | 8191 |
| (3) Has any discretionary authority or responsibility in the | 8192 |
| administration of the system. | 8193 |
| (AAA) "Actuary" means an individual who satisfies all of the | 8194 |
| following requirements: | 8195 |
| (1) Is a member of the American academy of actuaries; | 8196 |
| (2) Is an associate or fellow of the society of actuaries; | 8197 |
| (3) Has a minimum of five years' experience in providing | 8198 |
| actuarial services to public retirement plans. | 8199 |
| (BBB) "PERS defined benefit plan" means the plan described in | 8200 |
| sections 145.201 to 145.79 of the Revised Code. | 8201 |
| (CCC) "PERS defined contribution plans" means the plan or | 8202 |
| plans established under section 145.81 of the Revised Code. | 8203 |
| Sec. 145.012. (A) "Public employee," as defined in division | 8204 |
| (A) of section 145.01 of the Revised Code, does not include any | 8205 |
| person: | 8206 |
| (1) Who is employed by a private, temporary-help service and | 8207 |
| performs services under the direction of a public employer or is | 8208 |
| employed on a contractual basis as an independent contractor under | 8209 |
| a personal service contract with a public employer; | 8210 |
| (2) Who is an emergency employee serving on a temporary basis | 8211 |
| in case of fire, snow, earthquake, flood, or other similar | 8212 |
| emergency; | 8213 |
| (3) Who is employed in a program established pursuant to the | 8214 |
| "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 8215 |
| 1501; | 8216 |
| (4) Who is an appointed member of either the motor vehicle | 8217 |
| salvage dealers board or the motor vehicle dealer's board whose | 8218 |
| rate and method of payment are determined pursuant to division (J) | 8219 |
| of section 124.15 of the Revised Code; | 8220 |
| (5) Who is employed as an election worker and paid less than | 8221 |
| five hundred dollars per calendar year for that service; | 8222 |
| (6) Who is employed as a firefighter in a position requiring | 8223 |
| satisfactory completion of a firefighter training course approved | 8224 |
| under former section 3303.07 or section 4765.55 of the Revised | 8225 |
| Code or conducted under section 3737.33 of the Revised Code except | 8226 |
| for the following: | 8227 |
| (a) Any firefighter who has elected under section 145.013 of | 8228 |
| the Revised Code to remain a contributing member of the public | 8229 |
| employees retirement system; | 8230 |
| (b) Any firefighter who was eligible to transfer from the | 8231 |
| public employees retirement system to the Ohio police and fire | 8232 |
| pension fund under section 742.51 or 742.515 of the Revised Code | 8233 |
| and did not elect to transfer; | 8234 |
| (c) Any firefighter who has elected under section 742.516 of | 8235 |
| the Revised Code to transfer from the Ohio police and fire pension | 8236 |
| fund to the public employees retirement system. | 8237 |
| (7) Who is a member of the board of health of a city or | 8238 |
| general health district, which pursuant to sections 3709.051 and | 8239 |
| 3709.07 of the Revised Code includes a combined health district, | 8240 |
| and whose compensation for attendance at meetings of the board is | 8241 |
| set forth in division (B) of section 3709.02 or division (B) of | 8242 |
| section 3709.05 of the Revised Code, as appropriate; | 8243 |
| (8) Who participates in an alternative retirement plan | 8244 |
| established under Chapter 3305. of the Revised Code; | 8245 |
| (9) Who is a member of the board of directors of a sanitary | 8246 |
| district established under Chapter 6115. of the Revised Code; | 8247 |
| (10) Who is a member of the unemployment compensation | 8248 |
| advisory council; | 8249 |
| (11) Who is an employee, officer, or governor-appointed | 8250 |
| member of the board of directors of the nonprofit corporation | 8251 |
| formed under section 187.01 of the Revised Code; | 8252 |
| (12) Who is employed by the nonprofit entity established to | 8253 |
| provide advocacy services and a client assistance program for | 8254 |
| people with disabilities under Section 319.20 of Am. Sub. H.B. 153 | 8255 |
| of the 129th general assembly and whose employment begins on or | 8256 |
| after October 1, 2012. | 8257 |
| (B) No inmate of a correctional institution operated by the | 8258 |
| department of rehabilitation and correction, no patient in a | 8259 |
| hospital for the mentally ill or criminally insane operated by the | 8260 |
| department of mental health, no resident in an institution for the | 8261 |
| mentally retarded operated by the department of developmental | 8262 |
| disabilities, no resident admitted as a patient of a veterans' | 8263 |
| home operated under Chapter 5907. of the Revised Code, and no | 8264 |
| resident of a county home shall be considered as a public employee | 8265 |
| for the purpose of establishing membership or calculating service | 8266 |
| credit or benefits under this chapter. Nothing in this division | 8267 |
| shall be construed to affect any service credit attained by any | 8268 |
| person who was a public employee before becoming an inmate, | 8269 |
| patient, or resident at any institution listed in this division, | 8270 |
| or the payment of any benefit for which such a person or such a | 8271 |
| person's beneficiaries otherwise would be eligible. | 8272 |
| Sec. 145.114. (A) As used in this section and in section | 8273 |
| 145.116 of the Revised Code: | 8274 |
| (1) "Agent" means a dealer, as defined in section 1707.01 of | 8275 |
| the Revised Code, who is licensed under sections 1707.01 to | 8276 |
| 1707.45 of the Revised Code or under comparable laws of another | 8277 |
| state or of the United States. | 8278 |
| (2) "Minority business enterprise" has the same meaning as in | 8279 |
| section 122.71 of the Revised Code. | 8280 |
| (3) "Ohio-qualified agent" means an agent designated as such | 8281 |
| by the public employees retirement board. | 8282 |
| (4) "Ohio-qualified investment manager" means an investment | 8283 |
| manager designated as such by the public employees retirement | 8284 |
| board. | 8285 |
| (5) "Principal place of business" means an office in which | 8286 |
| the agent regularly provides securities or investment advisory | 8287 |
| services and solicits, meets with, or otherwise communicates with | 8288 |
| clients. | 8289 |
| (B) The public employees retirement board shall, for the | 8290 |
| purposes of this section, designate an agent as an Ohio-qualified | 8291 |
| agent if the agent meets all of the following requirements: | 8292 |
| (1) The agent is subject to taxation under Chapter 5725., | 8293 |
| 5726., 5733., or 5747. of the Revised Code; | 8294 |
| (2) The agent is authorized to conduct business in this | 8295 |
| state; | 8296 |
| (3) The agent maintains a principal place of business in this | 8297 |
| state and employs at least five residents of this state. | 8298 |
| (C) The public employees retirement board shall adopt and | 8299 |
| implement a written policy to establish criteria and procedures | 8300 |
| used to select agents to execute securities transactions on behalf | 8301 |
| of the retirement system. The policy shall address each of the | 8302 |
| following: | 8303 |
| (1) Commissions charged by the agent, both in the aggregate | 8304 |
| and on a per share basis; | 8305 |
| (2) The execution speed and trade settlement capabilities of | 8306 |
| the agent; | 8307 |
| (3) The responsiveness, reliability, and integrity of the | 8308 |
| agent; | 8309 |
| (4) The nature and value of research provided by the agent; | 8310 |
| (5) Any special capabilities of the agent. | 8311 |
| (D)(1) The board shall, at least annually, establish a policy | 8312 |
| with the goal to increase utilization by the board of | 8313 |
| Ohio-qualified agents for the execution of domestic equity and | 8314 |
| fixed income trades on behalf of the retirement system, when an | 8315 |
| Ohio-qualified agent offers quality, services, and safety | 8316 |
| comparable to other agents otherwise available to the board and | 8317 |
| meets the criteria established under division (C) of this section. | 8318 |
| (2) The board shall review, at least annually, the | 8319 |
| performance of the agents that execute securities transactions on | 8320 |
| behalf of the board. | 8321 |
| (3) The board shall determine whether an agent is an | 8322 |
| Ohio-qualified agent, meets the criteria established by the board | 8323 |
| pursuant to division (C) of this section, and offers quality, | 8324 |
| services, and safety comparable to other agents otherwise | 8325 |
| available to the board. The board's determination shall be final. | 8326 |
| (E) The board shall, at least annually, submit to the Ohio | 8327 |
| retirement study council a report containing the following | 8328 |
| information: | 8329 |
| (1) The name of each agent designated as an Ohio-qualified | 8330 |
| agent under this section; | 8331 |
| (2) The name of each agent that executes securities | 8332 |
| transactions on behalf of the board; | 8333 |
| (3) The amount of equity and fixed-income trades that are | 8334 |
| executed by Ohio-qualified agents, expressed as a percentage of | 8335 |
| all equity and fixed-income trades that are executed by agents on | 8336 |
| behalf of the board; | 8337 |
| (4) The compensation paid to Ohio-qualified agents, expressed | 8338 |
| as a percentage of total compensation paid to all agents that | 8339 |
| execute securities transactions on behalf of the board; | 8340 |
| (5) The amount of equity and fixed-income trades that are | 8341 |
| executed by agents that are minority business enterprises, | 8342 |
| expressed as a percentage of all equity and fixed-income trades | 8343 |
| that are executed by agents on behalf of the board; | 8344 |
| (6) Any other information requested by the Ohio retirement | 8345 |
| study council regarding the board's use of agents. | 8346 |
| Sec. 145.116. (A) The public employees retirement board | 8347 |
| shall, for the purposes of this section, designate an investment | 8348 |
| manager as an Ohio-qualified investment manager if the investment | 8349 |
| manager meets all of the following requirements: | 8350 |
| (1) The investment manager is subject to taxation under | 8351 |
| Chapter 5725., 5726., 5733., or 5747. of the Revised Code; | 8352 |
| (2) The investment manager meets one of the following | 8353 |
| requirements: | 8354 |
| (a) Has its corporate headquarters or principal place of | 8355 |
| business in this state; | 8356 |
| (b) Employs at least five hundred individuals in this state; | 8357 |
| (c) Has a principal place of business in this state and | 8358 |
| employs at least 20 residents of this state. | 8359 |
| (B)(1) The board shall, at least annually, establish a policy | 8360 |
| with the goal to increase utilization by the board of | 8361 |
| Ohio-qualified investment managers, when an Ohio-qualified | 8362 |
| investment manager offers quality, services, and safety comparable | 8363 |
| to other investment managers otherwise available to the board. The | 8364 |
| policy shall also provide for the following: | 8365 |
| (a) A process whereby the board can develop a list of | 8366 |
| Ohio-qualified investment managers and their investment products; | 8367 |
| (b) A process whereby the board can give public notice to | 8368 |
| Ohio-qualified investment managers of the board's search for an | 8369 |
| investment manager that includes the board's search criteria. | 8370 |
| (2) The board shall determine whether an investment manager | 8371 |
| is an Ohio-qualified investment manager and whether the investment | 8372 |
| manager offers quality, services, and safety comparable to other | 8373 |
| investment managers otherwise available to the board. The board's | 8374 |
| determination shall be final. | 8375 |
| (C) The board shall, at least annually, submit to the Ohio | 8376 |
| retirement study council a report containing the following | 8377 |
| information: | 8378 |
| (1) The name of each investment manager designated as an | 8379 |
| Ohio-qualified investment manager under this section; | 8380 |
| (2) The name of each investment manager with which the board | 8381 |
| contracts; | 8382 |
| (3) The amount of assets managed by Ohio-qualified investment | 8383 |
| managers, expressed as a percentage of the total assets held by | 8384 |
| the retirement system and as a percentage of assets managed by | 8385 |
| investment managers with which the board has contracted; | 8386 |
| (4) The compensation paid to Ohio-qualified investment | 8387 |
| managers, expressed as a percentage of total compensation paid to | 8388 |
| all investment managers with which the board has contracted; | 8389 |
| (5) Any other information requested by the Ohio retirement | 8390 |
| study council regarding the board's use of investment managers. | 8391 |
| Sec. 149.01. Each elective state officer, the adjutant | 8392 |
| general, the adult parole authority, the department of | 8393 |
| agriculture, the director of administrative services, the public | 8394 |
| utilities commission, the superintendent of insurance, the | 8395 |
| superintendent of financial institutions, the superintendent of | 8396 |
|
purchases and printing, | 8397 |
| 8398 | |
| administrator of workers' compensation, the state department of | 8399 |
| transportation, the department of health, the state medical board, | 8400 |
| the state dental board, the board of embalmers and funeral | 8401 |
| directors, the Ohio commission for the blind, the accountancy | 8402 |
| board of Ohio, the state council of uniform state laws, the board | 8403 |
| of commissioners of the sinking fund, the department of taxation, | 8404 |
| the board of tax appeals, the division of liquor control, the | 8405 |
| director of state armories, the trustees of the Ohio state | 8406 |
| university, and every private or quasi-public institution, | 8407 |
| association, board, or corporation receiving state money for its | 8408 |
| use and purpose shall make annually, at the end of each fiscal | 8409 |
| year, in quadruplicate, a report of the transactions and | 8410 |
| proceedings of that office or department for that fiscal year, | 8411 |
| excepting receipts and disbursements unless otherwise specifically | 8412 |
| required by law. The report shall contain a summary of the | 8413 |
| official acts of the officer, board, council, commission, | 8414 |
| institution, association, or corporation and any suggestions and | 8415 |
| recommendations that are proper. On the first day of August of | 8416 |
| each year, one of the reports shall be filed with the governor, | 8417 |
| one with the secretary of state, and one with the state library, | 8418 |
| and one shall be kept on file in the office of the officer, board, | 8419 |
| council, commission, institution, association, or corporation. | 8420 |
| Sec. 149.311. (A) As used in this section: | 8421 |
| (1) "Historic building" means a building, including its | 8422 |
| structural components, that is located in this state and that is | 8423 |
| either individually listed on the national register of historic | 8424 |
| places under 16 U.S.C. 470a, located in a registered historic | 8425 |
| district, and certified by the state historic preservation officer | 8426 |
| as being of historic significance to the district, or is | 8427 |
|
individually listed as | 8428 |
| local government certified under 16 U.S.C. 470a(c). | 8429 |
| (2) "Qualified rehabilitation expenditures" means | 8430 |
| expenditures paid or incurred during the rehabilitation period, | 8431 |
| and before and after that period as determined under 26 U.S.C. 47, | 8432 |
|
by an owner of | 8433 |
| building. "Qualified rehabilitation expenditures" includes | 8434 |
| architectural or engineering fees paid or incurred in connection | 8435 |
| with the rehabilitation, and expenses incurred in the preparation | 8436 |
| of nomination forms for listing on the national register of | 8437 |
| historic places. "Qualified rehabilitation expenditures" does not | 8438 |
| include any of the following: | 8439 |
| (a) The cost of acquiring, expanding, or enlarging | 8440 |
| historic building; | 8441 |
| (b) Expenditures attributable to work done to facilities | 8442 |
| related to the building, such as parking lots, sidewalks, and | 8443 |
| landscaping; | 8444 |
| (c) New building construction costs. | 8445 |
| (3) "Owner" of | 8446 |
| the fee simple interest in the building. "Owner" does not include | 8447 |
| the state or a state agency, or any political subdivision as | 8448 |
| defined in section 9.23 of the Revised Code. | 8449 |
| (4) "Certificate owner" means the owner of | 8450 |
| building to which a rehabilitation tax credit certificate was | 8451 |
| issued under this section. | 8452 |
| (5) "Registered historic district" means | 8453 |
| district listed in the national register of historic places under | 8454 |
|
16 U.S.C. 470a, | 8455 |
| government certified under 16 U.S.C. 470a(c), or a local historic | 8456 |
| district certified under 36 C.F.R. 67.8 and 67.9. | 8457 |
| (6) "Rehabilitation" means the process of repairing or | 8458 |
|
altering | 8459 |
| efficient use while preserving those portions and features of the | 8460 |
| building and its site and environment that are significant to its | 8461 |
| historic, architectural, and cultural values. | 8462 |
| (7) "Rehabilitation period" means one of the following: | 8463 |
| (a) If the rehabilitation initially was not planned to be | 8464 |
| completed in stages, a period chosen by the owner not to exceed | 8465 |
| twenty-four months during which rehabilitation occurs; | 8466 |
| (b) If the rehabilitation initially was planned to be | 8467 |
| completed in stages, a period chosen by the owner not to exceed | 8468 |
| sixty months during which rehabilitation occurs. Each stage shall | 8469 |
| be reviewed as a phase of a rehabilitation as determined under 26 | 8470 |
| C.F.R. 1.48-12 or a successor to that section. | 8471 |
| (8) "State historic preservation officer" or "officer" means | 8472 |
| the state historic preservation officer appointed by the governor | 8473 |
| under 16 U.S.C. 470a. | 8474 |
| (B) The owner of | 8475 |
| director of development services for a rehabilitation tax credit | 8476 |
| certificate for qualified rehabilitation expenditures paid or | 8477 |
|
incurred after April 4, 2007, for rehabilitation of | 8478 |
| building. The form and manner of filing such applications shall be | 8479 |
|
prescribed by rule of the director | 8480 |
| application shall state the amount of qualified rehabilitation | 8481 |
| expenditures the applicant estimates will be paid or incurred. The | 8482 |
| director may require applicants to furnish documentation of such | 8483 |
| estimates. | 8484 |
| The director, after consultation with the tax commissioner | 8485 |
| and in accordance with Chapter 119. of the Revised Code, shall | 8486 |
| adopt rules that establish all of the following: | 8487 |
| (1) Forms and procedures by which applicants may apply for | 8488 |
| rehabilitation tax credit certificates; | 8489 |
| (2) Criteria for reviewing, evaluating, and approving | 8490 |
| applications for certificates within the limitations under | 8491 |
| division (D) of this section, criteria for assuring that the | 8492 |
| certificates issued encompass a mixture of high and low qualified | 8493 |
| rehabilitation expenditures, and criteria for issuing certificates | 8494 |
| under division (C)(3)(b) of this section; | 8495 |
| (3) Eligibility requirements for obtaining a certificate | 8496 |
| under this section; | 8497 |
| (4) The form of rehabilitation tax credit certificates; | 8498 |
| (5) Reporting requirements and monitoring procedures; | 8499 |
| (6) Procedures and criteria for conducting cost-benefit | 8500 |
| analyses of historic buildings that are the subjects of | 8501 |
| applications filed under this section. The purpose of a | 8502 |
| cost-benefit analysis shall be to determine whether rehabilitation | 8503 |
| of the historic building will result in a net revenue gain in | 8504 |
| state and local taxes once the building is used. | 8505 |
| (7) Any other rules necessary to implement and administer | 8506 |
| this section. | 8507 |
| (C) The director of development services shall review the | 8508 |
| applications with the assistance of the state historic | 8509 |
| preservation officer and determine whether all of the following | 8510 |
| criteria are met: | 8511 |
| (1) That the building that is the subject of the application | 8512 |
|
is | 8513 |
| building; | 8514 |
| (2) That the rehabilitation will satisfy standards prescribed | 8515 |
| by the United States secretary of the interior under 16 U.S.C. | 8516 |
| 470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to | 8517 |
| that section; | 8518 |
| (3) That receiving a rehabilitation tax credit certificate | 8519 |
| under this section is a major factor in: | 8520 |
| (a) The applicant's decision to rehabilitate the historic | 8521 |
| building; or | 8522 |
| (b) To increase the level of investment in such | 8523 |
| rehabilitation. | 8524 |
| An applicant shall demonstrate to the satisfaction of the | 8525 |
| state historic preservation officer and director of development | 8526 |
| services that the rehabilitation will satisfy the standards | 8527 |
| described in division (C)(2) of this section before the applicant | 8528 |
| begins the physical rehabilitation of the historic building. | 8529 |
| (D)(1) If the director of development services determines | 8530 |
| that an application meets the criteria in divisions (C)(1), (2), | 8531 |
| and (3) of this section, the director shall conduct a cost-benefit | 8532 |
| analysis for the historic building that is the subject of the | 8533 |
| application to determine whether rehabilitation of the historic | 8534 |
| building will result in a net revenue gain in state and local | 8535 |
| taxes once the building is used. The director shall consider the | 8536 |
| results of the cost-benefit analysis in determining whether to | 8537 |
| approve the application. The director shall also consider the | 8538 |
| potential economic impact and the regional distributive balance of | 8539 |
| the credits throughout the state. The director may approve an | 8540 |
| application only after completion of the cost-benefit analysis. | 8541 |
| (2) A rehabilitation tax credit certificate shall not be | 8542 |
| issued for an amount greater than the estimated amount furnished | 8543 |
| by the applicant on the application for such certificate and | 8544 |
| approved by the director. The director shall not approve more than | 8545 |
| a total of sixty million dollars of rehabilitation tax credits per | 8546 |
| fiscal year but the director may reallocate unused tax credits | 8547 |
| from a prior fiscal year for new applicants and such reallocated | 8548 |
| credits shall not apply toward the dollar limit of this division. | 8549 |
| (3) For rehabilitations with a rehabilitation period not | 8550 |
| exceeding twenty-four months as provided in division (A)(7)(a) of | 8551 |
| this section, a rehabilitation tax credit certificate shall not be | 8552 |
| issued before the rehabilitation of the historic building is | 8553 |
| completed. | 8554 |
| (4) For rehabilitations with a rehabilitation period not | 8555 |
| exceeding sixty months as provided in division (A)(7)(b) of this | 8556 |
| section, a rehabilitation tax credit certificate shall not be | 8557 |
| issued before a stage of rehabilitation is completed. After all | 8558 |
| stages of rehabilitation are completed, if the director cannot | 8559 |
| determine that the criteria in division (C) of this section are | 8560 |
| satisfied for all stages of rehabilitations, the director shall | 8561 |
| certify this finding to the tax commissioner, and any | 8562 |
| rehabilitation tax credits received by the applicant shall be | 8563 |
| repaid by the applicant and may be collected by assessment as | 8564 |
| unpaid tax by the commissioner. | 8565 |
| (5) The director of development services shall require the | 8566 |
| applicant to provide a third-party cost certification by a | 8567 |
| certified public accountant of the actual costs attributed to the | 8568 |
| rehabilitation of the historic building when qualified | 8569 |
| rehabilitation expenditures exceed two hundred thousand dollars. | 8570 |
| If an applicant whose application is approved for receipt of | 8571 |
| a rehabilitation tax credit certificate fails to provide to the | 8572 |
|
director | 8573 |
| progress, including a viable financial plan, copies of final | 8574 |
| construction drawings, and evidence that the applicant has | 8575 |
| obtained all historic approvals within twelve months after the | 8576 |
| date the applicant received notification of approval, and if the | 8577 |
|
applicant fails to provide evidence to the director | 8578 |
| that the applicant has secured and closed on financing for the | 8579 |
| rehabilitation within eighteen months after receiving notification | 8580 |
| of approval, the director may rescind the approval of the | 8581 |
| application. The director shall notify the applicant if the | 8582 |
| approval has been rescinded. Credits that would have been | 8583 |
| available to an applicant whose approval was rescinded shall be | 8584 |
| available for other qualified applicants. Nothing in this division | 8585 |
| prohibits an applicant whose approval has been rescinded from | 8586 |
| submitting a new application for a rehabilitation tax credit | 8587 |
| certificate. | 8588 |
| (E) Issuance of a certificate represents a finding by the | 8589 |
| director of development services of the matters described in | 8590 |
| divisions (C)(1), (2), and (3) of this section only; issuance of a | 8591 |
| certificate does not represent a verification or certification by | 8592 |
| the director of the amount of qualified rehabilitation | 8593 |
| expenditures for which a tax credit may be claimed under section | 8594 |
| 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the | 8595 |
| Revised Code. The amount of qualified rehabilitation expenditures | 8596 |
| for which a tax credit may be claimed is subject to inspection and | 8597 |
| examination by the tax commissioner or employees of the | 8598 |
| commissioner under section 5703.19 of the Revised Code and any | 8599 |
| other applicable law. Upon the issuance of a certificate, the | 8600 |
| director shall certify to the tax commissioner, in the form and | 8601 |
| manner requested by the tax commissioner, the name of the | 8602 |
| applicant, the amount of qualified rehabilitation expenditures | 8603 |
| shown on the certificate, and any other information required by | 8604 |
| the rules adopted under this section. | 8605 |
| (F)(1) On or before the first day of April each year, the | 8606 |
| director of development services and tax commissioner jointly | 8607 |
| shall submit to the president of the senate and the speaker of the | 8608 |
| house of representatives a report on the tax credit program | 8609 |
| established under this section and sections 5725.151, 5725.34, | 8610 |
| 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The | 8611 |
| report shall present an overview of the program and shall include | 8612 |
| information on the number of rehabilitation tax credit | 8613 |
| certificates issued under this section during the preceding fiscal | 8614 |
| year, an update on the status of each historic building for which | 8615 |
| an application was approved under this section, the dollar amount | 8616 |
| of the tax credits granted under sections 5725.151, 5725.34, | 8617 |
| 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and | 8618 |
| any other information the director and commissioner consider | 8619 |
| relevant to the topics addressed in the report. | 8620 |
| (2) On or before December 1, 2015, the director of | 8621 |
| development services and tax commissioner jointly shall submit to | 8622 |
| the president of the senate and the speaker of the house of | 8623 |
| representatives a comprehensive report that includes the | 8624 |
| information required by division (F)(1) of this section and a | 8625 |
| detailed analysis of the effectiveness of issuing tax credits for | 8626 |
| rehabilitating historic buildings. The report shall be prepared | 8627 |
| with the assistance of an economic research organization jointly | 8628 |
| chosen by the director and commissioner. | 8629 |
| (G) There is hereby created in the state treasury the | 8630 |
| historic rehabilitation tax credit operating fund. The director of | 8631 |
| development services is authorized to charge reasonable | 8632 |
| application and other fees in connection with the administration | 8633 |
| of tax credits authorized by this section and sections 5725.151, | 8634 |
| 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised | 8635 |
| Code. Any such fees collected shall be credited to the fund and | 8636 |
| used to pay reasonable costs incurred by the department of | 8637 |
| development services in administering this section and sections | 8638 |
| 5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the | 8639 |
| Revised Code. | 8640 |
| The Ohio historic preservation office is authorized to charge | 8641 |
| reasonable fees in connection with its review and approval of | 8642 |
| applications under this section. Any such fees collected shall be | 8643 |
| credited to the fund and used to pay administrative costs incurred | 8644 |
| by the Ohio historic preservation office pursuant to this section. | 8645 |
| Sec. 150.01. (A) As used in this chapter: | 8646 |
| (1) "Authority" means the Ohio venture capital authority | 8647 |
| created under section 150.02 of the Revised Code. | 8648 |
| (2) "Issuer" means a port authority organized and existing | 8649 |
| under applicable provisions of Chapter 4582. of the Revised Code | 8650 |
| that, pursuant to an agreement entered into under division (E) of | 8651 |
| section 150.02 of the Revised Code, issues or issued obligations | 8652 |
| to fund one or more loans to the program fund. | 8653 |
| (3) "Lender" means any person that lends money to the program | 8654 |
| fund as provided in this chapter and includes any issuer and any | 8655 |
| trustee. | 8656 |
| (4) "Loss" means a loss incurred with respect to a lender's | 8657 |
| loan to the program fund. Such a loss is incurred only if and to | 8658 |
| the extent a program administrator fails to satisfy its | 8659 |
| obligations to the lender to make timely payments of principal or | 8660 |
| interest as provided in the loan agreement between the lender and | 8661 |
| the program administrator. "Loss" does not include either of the | 8662 |
| following: | 8663 |
| (a) Any loss incurred by the program fund, including a loss | 8664 |
| attributable to any investment made by a program administrator; | 8665 |
| (b) Any loss of the capital required to be provided by a | 8666 |
| program administrator, or income accruing to that capital, under | 8667 |
| the agreement entered into under division (B) of section 150.05 of | 8668 |
| the Revised Code. | 8669 |
| (5) "Ohio-based business enterprise" means a person that is | 8670 |
| engaged in business, that employs at least one individual on a | 8671 |
| full-time or part-time basis at a place of business in this state, | 8672 |
| including a person engaged in business if that person is a | 8673 |
| self-employed individual, and that is in the seed or early stage | 8674 |
| of business development requiring initial or early stage funding | 8675 |
| or is an established business enterprise developing new methods or | 8676 |
| technologies. | 8677 |
| (6) "Ohio-based venture capital fund" means a venture capital | 8678 |
| fund having its principal office in this state, where the majority | 8679 |
| of the fund's staff are employed and where at least one investment | 8680 |
| professional is employed who has at least five years of experience | 8681 |
| in venture capital investment. | 8682 |
| (7) "Program fund" means the fund created under section | 8683 |
| 150.03 of the Revised Code. | 8684 |
| (8) "Research and development purposes" has the same meaning | 8685 |
| as used in Section 2p of Article VIII, Ohio Constitution, and | 8686 |
| includes the development of sites and facilities in this state for | 8687 |
| and in support of those research and development purposes. | 8688 |
| (9) "Trustee" means a trust company or a bank with corporate | 8689 |
| trust powers, in either case having a place of business in this | 8690 |
| state, being a taxpayer under Chapter 5707., 5725., 5726., 5727., | 8691 |
| 5729., 5733., or 5747 of the Revised Code at the time it may claim | 8692 |
| and receive a tax credit under division (E) of section 150.07 of | 8693 |
| the Revised Code, and acting in its capacity as a trustee pursuant | 8694 |
| to a trust agreement under which an issuer issues obligations to | 8695 |
| fund loans to the program fund. | 8696 |
| (B) The general assembly declares that its purpose in | 8697 |
| enacting Chapter 150. of the Revised Code is to increase the | 8698 |
| amount of private investment capital available in this state for | 8699 |
| Ohio-based business enterprises in the seed or early stages of | 8700 |
| business development and requiring initial or early stage funding, | 8701 |
| as well as established Ohio-based business enterprises developing | 8702 |
| new methods or technologies, including the promotion of research | 8703 |
| and development purposes, thereby increasing employment, creating | 8704 |
| additional wealth, and otherwise benefiting the economic welfare | 8705 |
| of the people of this state. Accordingly, it is the intention of | 8706 |
| the general assembly that the program fund make investments in | 8707 |
| support of Ohio-based business enterprises in accordance with the | 8708 |
| investment policy authorized and required under section 150.03 of | 8709 |
| the Revised Code, and that the Ohio venture capital authority | 8710 |
| focus its investment policy principally on venture capital funds | 8711 |
| investing in such Ohio-based business enterprises. The general | 8712 |
| assembly finds and determines that this chapter and the investment | 8713 |
| policy, and actions taken under and consistent therewith, will | 8714 |
| promote and implement the public purposes of Section 2p of Article | 8715 |
| VIII, Ohio Constitution. | 8716 |
| Sec. 150.03. Within ninety days after April 9, 2003, the | 8717 |
| authority shall establish, and subsequently may modify as it | 8718 |
| considers necessary, a written investment policy governing the | 8719 |
| investment of money from the program fund, which is hereby | 8720 |
| created. The program fund shall consist of the proceeds of loans | 8721 |
| acquired by a program administrator. The authority is subject to | 8722 |
| Chapter 119. of the Revised Code with respect to the establishment | 8723 |
| or modification of the policy. The policy shall meet all the | 8724 |
| following requirements: | 8725 |
| (A) It is consistent with the purpose of the program stated | 8726 |
| in section 150.01 of the Revised Code. | 8727 |
| (B) Subject to divisions (C), (D), and (E) of this section, | 8728 |
| it permits the investment of money from the program fund in | 8729 |
| private, for-profit venture capital funds, including funds of | 8730 |
| funds, that invest in enterprises in the seed or early stage of | 8731 |
| business development or established business enterprises | 8732 |
| developing new methods or technologies, and that demonstrate | 8733 |
| potential to generate high levels of successful investment | 8734 |
| performance. | 8735 |
| (C) It specifies that a program administrator or fund manager | 8736 |
| employed by the program administrator shall invest not less than | 8737 |
| seventy-five per cent of program fund money under its investment | 8738 |
| authority in Ohio-based venture capital funds. | 8739 |
| (D) It specifies both of the following: | 8740 |
| (1) That not less than an amount equal to fifty per cent of | 8741 |
| program fund money invested in any venture capital fund be | 8742 |
| invested by the venture capital fund in Ohio-based business | 8743 |
| enterprises; | 8744 |
| (2) That, commencing with the first program fund commitment | 8745 |
| to each venture capital fund, the aggregate amount funded into | 8746 |
| Ohio-based business enterprises by all venture capital funds to | 8747 |
| which the program fund has committed be not less than the | 8748 |
| aggregate amount of all program fund money funded into those | 8749 |
| venture capital funds. | 8750 |
| (E) It specifies that a program administrator or fund manager | 8751 |
| employed by the program administrator shall not invest money from | 8752 |
| the program fund in a venture capital fund to the extent that the | 8753 |
| total amount of program fund money invested in the venture capital | 8754 |
| fund, when combined with any program fund money invested in a | 8755 |
| venture capital fund under the same management as, and formed | 8756 |
| within two years before or after the formation of, that venture | 8757 |
| capital fund, exceeds the lesser of the following: | 8758 |
| (1) Ten million dollars; | 8759 |
| (2)(a) In the case of an Ohio-based venture capital fund, | 8760 |
| fifty per cent of the total amount of capital committed to the | 8761 |
| fund from all sources, after accounting for capital committed from | 8762 |
| the program fund; | 8763 |
| (b) In the case of any other venture capital fund, twenty per | 8764 |
| cent of the total amount of capital committed to the fund from all | 8765 |
| sources, after accounting for capital committed from the program | 8766 |
| fund. | 8767 |
| (F) It specifies that a program administrator or fund manager | 8768 |
| employed by the program administrator shall not commit capital | 8769 |
| from the program fund to a venture capital fund until the venture | 8770 |
| capital fund receives commitment of at least the same amount from | 8771 |
| other investors in the fund. | 8772 |
| (G) It specifies the general conditions a private, for-profit | 8773 |
| investment fund must meet to be selected as a program | 8774 |
| administrator under section 150.05 of the Revised Code, including, | 8775 |
| as a significant selection standard, direct experience managing | 8776 |
| external or nonproprietary capital in private equity fund of funds | 8777 |
| formats. | 8778 |
| (H) It specifies the criteria the authority must consider | 8779 |
| when making a determination under division (B)(1) of section | 8780 |
| 150.04 of the Revised Code. | 8781 |
| (I) It includes investment standards and general limitations | 8782 |
| on allowable investments that the authority considers reasonable | 8783 |
| and necessary to achieve the purposes of this chapter as stated in | 8784 |
| division (B) of section 150.01 of the Revised Code, minimize the | 8785 |
| need for the authority to grant tax credits under section 150.07 | 8786 |
| of the Revised Code, ensure compliance of the program | 8787 |
| administrators with all applicable laws of this state and the | 8788 |
| United States, and ensure the safety and soundness of investments | 8789 |
| of money from the program fund. | 8790 |
| (J) It prohibits the investment of money from the program | 8791 |
| fund directly in persons other than venture capital funds, except | 8792 |
| for temporary investment in investment grade debt securities or | 8793 |
| temporary deposit in interest-bearing accounts or funds pending | 8794 |
| permanent investment in venture capital funds. | 8795 |
| Sec. 150.05. (A) The authority shall select, as program | 8796 |
| administrators, not more than two private, for-profit investment | 8797 |
| funds to acquire loans for the program fund and to invest money in | 8798 |
| the program fund as prescribed in the investment policy | 8799 |
| established or modified by the authority in accordance with | 8800 |
| sections 150.03 and 150.04 of the Revised Code. The authority | 8801 |
| shall give equal consideration, in selecting these program | 8802 |
| administrators, to minority owned and controlled investment funds, | 8803 |
| to funds owned and controlled by women, to ventures involving | 8804 |
| minority owned and controlled funds, and to ventures involving | 8805 |
| funds owned and controlled by women that otherwise meet the | 8806 |
| policies and criteria established by the authority. To be eligible | 8807 |
| for selection, an investment fund must be incorporated or | 8808 |
| organized under Chapter 1701., 1705., 1775., 1776., 1782., or | 8809 |
|
1783. of the Revised Code, | 8810 |
| 8811 | |
| any state and federal laws applicable to the issuance or sale of | 8812 |
| securities. | 8813 |
| The authority shall select program administrators only after | 8814 |
| soliciting and evaluating requests for proposals as prescribed in | 8815 |
| this section. The authority shall publish a notice of a request | 8816 |
| for proposals in newspapers of general circulation in this state | 8817 |
| once each week for two consecutive weeks before a date specified | 8818 |
| by the authority as the date on which it will begin accepting | 8819 |
| proposals. The notices shall contain a general description of the | 8820 |
| subject of the proposed agreement and the location where the | 8821 |
| request for proposals may be obtained. The request for proposals | 8822 |
| shall include all the following: | 8823 |
| (1) Instructions and information to respondents concerning | 8824 |
| the submission of proposals, including the name and address of the | 8825 |
| office where proposals are to be submitted; | 8826 |
| (2) Instructions regarding the manner in which respondents | 8827 |
| may communicate with the authority, including the names, titles, | 8828 |
| and telephone numbers of the individuals to whom such | 8829 |
| communications shall be directed; | 8830 |
| (3) Description of the performance criteria that will be used | 8831 |
| to evaluate whether a respondent selected by the authority is | 8832 |
| satisfying the authority's investment policy; | 8833 |
| (4) Description of the factors and criteria to be considered | 8834 |
| in evaluating respondents' proposals, which shall include the past | 8835 |
| performance of the respondent in successfully administering | 8836 |
| similar programs and achieving positive investment returns, the | 8837 |
| relative importance of each factor or criterion, and description | 8838 |
| of the authority's evaluation procedure; | 8839 |
| (5) Description of any documents that may be incorporated by | 8840 |
| reference into the request for proposals, provided that the | 8841 |
| request specifies where such documents may be obtained and such | 8842 |
| documents are readily available to all interested parties. | 8843 |
| After the date specified for receiving proposals, the | 8844 |
| authority shall evaluate submitted proposals. The authority may | 8845 |
| discuss a respondent's proposal with that respondent to clarify or | 8846 |
| revise a proposal or the terms of the agreement. | 8847 |
| The authority shall choose for review proposals from at least | 8848 |
| three respondents the authority considers qualified to operate the | 8849 |
| program in the best interests of the investment policy adopted by | 8850 |
| the authority. If three or fewer proposals are submitted, the | 8851 |
| authority shall review each proposal. The authority may cancel a | 8852 |
| request for proposals at any time before entering into an | 8853 |
| agreement with a respondent. The authority shall provide | 8854 |
| respondents fair and equal opportunity for such discussions. The | 8855 |
| authority may terminate discussions with any respondent upon | 8856 |
| written notice to the respondent. | 8857 |
| (B) After reviewing the chosen proposals, the authority may | 8858 |
| select not more than two such respondents and enter into a written | 8859 |
| agreement with each of the selected respondents, provided that at | 8860 |
| no time shall there be agreements with more than two persons. | 8861 |
| The agreement shall do all of the following: | 8862 |
| (1) Specify that borrowing and investing by the program | 8863 |
| administrator will be budgeted to guarantee that no tax credits | 8864 |
| will be granted during the first four years of the Ohio venture | 8865 |
| capital program, and will be structured to ensure that payments of | 8866 |
| principal, interest, or interest equivalent due in any fiscal | 8867 |
| year, when added to such payments due from any other program | 8868 |
|
administrator, does not exceed | 8869 |
| hundred thousand dollars; | 8870 |
| (2) Require investment by the program administrator or the | 8871 |
| fund manager employed by the program administrator to be in | 8872 |
| compliance with the investment policy established or modified in | 8873 |
| accordance with sections 150.03 and 150.04 of the Revised Code | 8874 |
| that is in effect at the time the investment is made, and prohibit | 8875 |
| the program administrator or fund manager from engaging in any | 8876 |
| investment activities other than activities to carry out that | 8877 |
| policy; | 8878 |
| (3) Require periodic financial reporting by the program | 8879 |
| administrator to the authority, which reporting shall include an | 8880 |
| annual audit by an independent auditor and such other financial | 8881 |
| reporting as is specified in the agreement or otherwise required | 8882 |
| by the authority for the purpose of ensuring that the program | 8883 |
| administrator is carrying out the investment policy; | 8884 |
| (4) Specify any like standards or general limitations in | 8885 |
| addition to or in furtherance of investment standards or | 8886 |
| limitations that apply pursuant to division (H) of section 150.03 | 8887 |
| of the Revised Code; | 8888 |
| (5) Require the program administrator to apply program fund | 8889 |
| revenue first to the payment of principal borrowed by the program | 8890 |
| administrator for investment under the program, then to interest | 8891 |
| related to that principal, and then to amounts necessary to cover | 8892 |
| the program administrator's pro rata share required under division | 8893 |
| (B)(9) of this section; and require the program administrator to | 8894 |
| pay the authority not less than ninety per cent of the amount by | 8895 |
| which program fund revenue attributable to investments under the | 8896 |
| program administrator's investment authority exceeds amounts so | 8897 |
| applied; | 8898 |
| (6) Specify the procedures by which the program administrator | 8899 |
| shall certify immediately to the authority the necessity for the | 8900 |
| authority to issue tax credit certificates pursuant to contracts | 8901 |
| entered into under section 150.07 of the Revised Code; | 8902 |
| (7) Specify any general limitations regarding the employment | 8903 |
| of a fund manager by the program administrator, in addition to an | 8904 |
| express limitation that the fund manager be a person with | 8905 |
| demonstrated, substantial, successful experience in the design and | 8906 |
| management of seed and venture capital investment programs and in | 8907 |
| capital formation. The fund manager may be, but need not be, an | 8908 |
| equity owner or affiliate of the program administrator. | 8909 |
| (8) Specify the terms and conditions under which the | 8910 |
| authority or the program administrator may terminate the | 8911 |
| agreement, including in the circumstance that the program | 8912 |
| administrator or fund manager violates the investment policy; | 8913 |
| (9) Require the program administrator or fund manager | 8914 |
| employed by the program administrator to provide capital in the | 8915 |
| form of a loan equal to one per cent of the amount of outstanding | 8916 |
| loans by lenders to the program fund. The loan from the program | 8917 |
| administrator or fund manager shall be on the same terms and | 8918 |
| conditions as loans from other lenders, except that the loan from | 8919 |
| the program administrator or fund manager shall not be secured by | 8920 |
| the Ohio venture capital fund or tax credits available to other | 8921 |
| lenders under division (B) of section 150.04 of the Revised Code. | 8922 |
| Such capital shall be placed at the same risk as the proceeds from | 8923 |
| such loans. The program administrator shall receive a pro rata | 8924 |
| share of the net income, including net loss, from the investment | 8925 |
| of money from the program fund, but is not entitled to the | 8926 |
| security against losses provided under section 150.04 of the | 8927 |
| Revised Code. | 8928 |
| (10) Specify that the program administrator and the fund | 8929 |
| manager employed by the program administrator must have a | 8930 |
| significant presence in this state, and define how a significant | 8931 |
| presence in this state shall be determined. | 8932 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 8933 |
| the Revised Code, the authority may authorize a lender to claim | 8934 |
| one of the refundable tax credits allowed under section 5707.031, | 8935 |
| 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 of the | 8936 |
| Revised Code. The credits shall be authorized by a written | 8937 |
| contract with the lender. The contract shall specify the terms | 8938 |
| under which the lender may claim the credit, including the amount | 8939 |
| of loss, if any, the lender must incur before the lender may claim | 8940 |
| the credit; specify that the credit shall not exceed the amount of | 8941 |
| the loss; and specify that the lender may claim the credit only | 8942 |
| for a loss certified by a program administrator to the authority | 8943 |
| under the procedures prescribed under division (B)(6) of section | 8944 |
| 150.05 of the Revised Code. The program administrator shall | 8945 |
| provide to the authority an estimate of the amount of tax credits, | 8946 |
| if any, that are likely, in the administrator's reasonable | 8947 |
| judgment, to be claimed by a lender during the current and next | 8948 |
| succeeding state fiscal years. The estimate shall be provided at | 8949 |
| the same time each year that the administrator is required to | 8950 |
| report the annual audit to the authority under section 150.05 of | 8951 |
| the Revised Code. | 8952 |
| (B) Tax credits may be authorized at any time after the | 8953 |
| authority establishes the investment policy under section 150.03 | 8954 |
| of the Revised Code, but a tax credit so authorized may not be | 8955 |
| claimed before July 1, 2007, or after June 30, 2026, except, with | 8956 |
| respect to loans made from the proceeds of obligations issued | 8957 |
| under section 4582.71 of the Revised Code, a tax credit may not be | 8958 |
| claimed before July 1, 2012, or after June 30, 2036. | 8959 |
| (C)(1) Upon receiving certification of a lender's loss from a | 8960 |
| program administrator pursuant to the procedures in the investment | 8961 |
| policy, the authority shall issue a tax credit certificate to the | 8962 |
| lender, except as otherwise provided in division (D) of this | 8963 |
| section. | 8964 |
| (2) If the lender is a pass-through entity, as defined in | 8965 |
| section 5733.04 of the Revised Code, then each equity investor in | 8966 |
| the lender pass-through entity shall be entitled to claim one of | 8967 |
| the tax credits allowed under division (A) of this section for | 8968 |
| that equity investor's taxable year in which or with which ends | 8969 |
| the taxable year of the lender pass-through entity in an amount | 8970 |
| based on the equity investor's distributive or proportionate share | 8971 |
| of the credit amount set forth in the certificate issued by the | 8972 |
| authority. If all equity investors of the lender pass-through | 8973 |
| entity are not eligible to claim a credit against the same tax set | 8974 |
| forth in division (A) of this section, then each equity investor | 8975 |
| may elect to claim a credit against the tax to which the equity | 8976 |
| investor is subject to in an amount based on the equity investor's | 8977 |
| distributive or proportionate share of the credit amount set forth | 8978 |
| in the certificate issued by the authority. | 8979 |
| (3) The certificate shall state the amount of the credit and | 8980 |
| the calendar year under section 5707.031, 5725.19, 5727.241, or | 8981 |
| 5729.08, the tax year under section 5726.53 or 5733.49, or the | 8982 |
| taxable year under section 5747.80 of the Revised Code for which | 8983 |
| the credit may be claimed. The authority, in conjunction with the | 8984 |
| tax commissioner, shall develop a system for issuing tax credit | 8985 |
| certificates for the purpose of verifying that any credit claimed | 8986 |
| is a credit issued under this section and is properly taken in the | 8987 |
| year specified in the certificate and in compliance with division | 8988 |
| (B) of this section. | 8989 |
| (D) The authority shall not, in any fiscal year, issue tax | 8990 |
| credit certificates under this section in a total amount exceeding | 8991 |
| 8992 | |
| authority shall not issue tax credit certificates under this | 8993 |
| section in a total amount exceeding three hundred eighty million | 8994 |
| dollars. | 8995 |
| (E) Notwithstanding any other section of this chapter or any | 8996 |
| provision of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or | 8997 |
| 5747. of the Revised Code, if provided by the terms of an | 8998 |
| agreement entered into by the issuer and the authority under | 8999 |
| division (E) of section 150.02 of the Revised Code, and subject to | 9000 |
| the limitations of divisions (B) and (D) of this section, a | 9001 |
| trustee shall have the right, for the benefit of the issuer, to | 9002 |
| receive and claim the credits authorized under division (A) of | 9003 |
| this section solely for the purpose provided for in section 150.04 | 9004 |
| of the Revised Code, and the trustee shall be entitled to file a | 9005 |
| tax return, an amended tax return, or an estimated tax return at | 9006 |
| such times as are permitted or required under the applicable | 9007 |
| provisions of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or | 9008 |
| 5747. of the Revised Code for the purpose of claiming credits | 9009 |
| issued to the trustee. The trustee shall receive the proceeds of | 9010 |
| such a tax credit for the benefit of the issuer, and shall apply | 9011 |
| the proceeds solely to satisfy a loss or restore a reserve as | 9012 |
| provided in section 150.04 of the Revised Code. Nothing in this | 9013 |
| section shall require a trustee to file a tax return under any | 9014 |
| chapter for any purpose other than claiming such credits if the | 9015 |
| trustee is not otherwise required to make such a filing. | 9016 |
| The general assembly may from time to time modify or repeal | 9017 |
| any of the taxes against which the credits authorized under | 9018 |
| division (A) of this section may be claimed, and may authorize | 9019 |
| those credits to be claimed for the purposes provided for in | 9020 |
| section 150.04 of the Revised Code with respect to any other tax | 9021 |
| imposed by this state; provided, that if any obligations issued | 9022 |
| under section 4582.71 of the Revised Code are then outstanding and | 9023 |
| such modification or repeal would have the effect of impairing any | 9024 |
| covenant made in or pursuant to an agreement under division (E) of | 9025 |
| section 150.02 of the Revised Code regarding the maintenance or | 9026 |
| restoration of reserves established and maintained with a trustee | 9027 |
| consistent with division (B)(2) of section 150.04 of the Revised | 9028 |
| Code and such agreement, the state shall provide other security to | 9029 |
| the extent necessary to avoid or offset the impairment of such | 9030 |
| covenant. | 9031 |
| Sec. 150.10. (A) On the first day of January of the second | 9032 |
| year after the date of entering into an agreement under section | 9033 |
| 150.05 of the Revised Code and of each ensuing year, the authority | 9034 |
| shall file with the clerk of the house of representatives, the | 9035 |
| clerk of the senate, and the chairpersons of the house and senate | 9036 |
| standing committees predominantly concerned with economic | 9037 |
| development a written report on the Ohio venture capital program. | 9038 |
| The report shall include all the following: | 9039 |
| (1) A description of the details of the investment policy | 9040 |
| established or modified in accordance with sections 150.03 and | 9041 |
| 150.04 of the Revised Code; | 9042 |
| (2) The authority's assessment of the program's achievement | 9043 |
| of its purpose stated in section 150.01 of the Revised Code; | 9044 |
| (3) The value of tax credit certificates issued by the | 9045 |
| authority under section 150.07 of the Revised Code in each fiscal | 9046 |
| year ending on or before the preceding thirtieth day of June; | 9047 |
| (4) The amount of tax credits claimed pursuant to section | 9048 |
| 5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 | 9049 |
| of the Revised Code, as to the respective taxes involved; | 9050 |
| (5) The financial status of the Ohio venture capital fund; | 9051 |
| (6) The names of venture capital funds in which money from | 9052 |
| the program fund has been invested and the locations of their | 9053 |
| principal offices, and the names of the enterprises in which each | 9054 |
| of those venture capital funds has invested such money and the | 9055 |
| locations of those enterprises' principal offices; | 9056 |
| (7) Any recommendations for modifying the program to better | 9057 |
| achieve the purpose stated in section 150.01 of the Revised Code. | 9058 |
| (B) During each year that a report is issued under division | 9059 |
| (A) of this section, the chairperson of the authority, or another | 9060 |
| member of the authority designated by the chairperson as the | 9061 |
| authority's representative, shall be required to appear in person | 9062 |
| before the standing committees of the house and senate | 9063 |
| predominantly concerned with economic development to give | 9064 |
| testimony concerning the status of the Ohio venture capital | 9065 |
| program. | 9066 |
| Sec. 152.18. Whenever the Ohio building authority | 9067 |
| constructs, reconstructs, rehabilitates, remodels, renovates, | 9068 |
| enlarges, improves, alters, maintains, equips, furnishes, repairs, | 9069 |
| paints, or decorates capital facilities pursuant to section | 9070 |
| 152.19, 152.21, or 152.31 of the Revised Code or buildings, | 9071 |
| facilities, and other properties for use and occupancy of persons | 9072 |
| pursuant to section 152.04 of the Revised Code, the authority | 9073 |
| shall make the necessary plans and specifications, and shall | 9074 |
| advertise for bids for all work to be placed under contract once a | 9075 |
| week for two consecutive weeks in a newspaper of general | 9076 |
| circulation in the county within which the work is to be done, and | 9077 |
| shall award the contract to the lowest responsive and responsible | 9078 |
| bidder in accordance with section 9.312 of the Revised Code. When | 9079 |
| the authority determines, subject to approval by the controlling | 9080 |
| board, that a real and present emergency exists or if the cost of | 9081 |
| such a contract does not exceed fifty thousand dollars, such a | 9082 |
| contract may be awarded without advertising and receipt of bids. A | 9083 |
| bid guaranty pursuant to sections 153.54 to 153.571 of the Revised | 9084 |
| Code shall be required for any contract under this section. | 9085 |
| In all other cases of capital facilities financed by the | 9086 |
|
authority, the construction, reconstruction, | 9087 |
| 9088 | |
| 9089 | |
| decoration of capital facilities by or for the state or any | 9090 |
|
governmental entity shall be the responsibility of the | 9091 |
| 9092 | |
|
or, with the consent of the | 9093 |
| Ohio facilities construction commission, shall be the | 9094 |
| responsibility of the state agency using the capital facility, or | 9095 |
| the governmental entity with which a state agency is participating | 9096 |
| pursuant to section 152.33 of the Revised Code, and shall be | 9097 |
|
undertaken by the | 9098 |
| 153. of the Revised Code, or by such state agency or governmental | 9099 |
| entity in accordance with otherwise applicable law. The | 9100 |
| rehabilitation, remodeling, renovation, maintenance, equipping, or | 9101 |
| furnishing of capital facilities by or for the state or any | 9102 |
| governmental entity shall be the responsibility of the department | 9103 |
| of administrative services or, with the consent of the department, | 9104 |
| the state agency or other governmental entity that is using the | 9105 |
| capital facility. | 9106 |
| Sec. 152.24. (A) Except as otherwise provided with respect | 9107 |
| to leasing of capital facilities in sections 152.241, 152.242, | 9108 |
| 152.31, and 152.33 of the Revised Code, the department of | 9109 |
| administrative services or, with the consent of the department of | 9110 |
| administrative services, the state agency using an office facility | 9111 |
| and related storage and parking facilities, or participating in | 9112 |
| such facilities pursuant to section 152.33 of the Revised Code, | 9113 |
| shall lease any office facility and related storage and parking | 9114 |
| facility acquired, purchased, constructed, reconstructed, | 9115 |
| rehabilitated, remodeled, renovated, enlarged, improved, altered, | 9116 |
| operated, maintained, equipped, furnished, repaired, painted, | 9117 |
| decorated, or financed by the Ohio building authority for housing | 9118 |
| any state agencies. An agreement between the authority and the | 9119 |
| department of administrative services or such using or | 9120 |
| participating agency may provide for the transfer of the property | 9121 |
| to the state after bonds and notes issued by the authority for the | 9122 |
| purpose of the acquisition, purchase, construction, | 9123 |
| reconstruction, rehabilitation, remodeling, renovation, | 9124 |
| enlargement, improvement, alteration, equipping, furnishing, | 9125 |
| repair, painting, decorating, or financing of such building or | 9126 |
| facility have been repaid. A lease between the authority and the | 9127 |
| department of administrative services or a using or participating | 9128 |
| agency shall be for a period not exceeding the then current | 9129 |
| two-year period for which appropriations have been made by the | 9130 |
| general assembly to the department of administrative services and | 9131 |
| the state agencies which will occupy or participate in the office | 9132 |
| facility and related storage and parking facility being leased, | 9133 |
| and such lease may contain such other terms as the department of | 9134 |
| administrative services, or a using or participating agency, and | 9135 |
| the authority agree notwithstanding any other provision of law, | 9136 |
| including provision that rental payments in amounts at least | 9137 |
| sufficient to pay bond service charges payable during the current | 9138 |
| two-year lease term shall be an absolute and unconditional | 9139 |
| obligation of the department of administrative services, or the | 9140 |
| using or participating agency, independent of all other duties | 9141 |
| under the lease without setoff or deduction or any other similar | 9142 |
| rights or defenses. Such an agreement may provide for renewal of a | 9143 |
| lease at the end of each term for another term, not exceeding two | 9144 |
| years, provided that no renewal shall be effective until the | 9145 |
| effective date of an appropriation enacted by the general assembly | 9146 |
| from which the department of administrative services, or the using | 9147 |
| or participating agency, may lawfully pay rentals under such | 9148 |
| lease. For purposes of this section, the term "lease" may include, | 9149 |
| without limitation, any agreement between the department of | 9150 |
| administrative services, or the using or participating agency, and | 9151 |
| the authority with respect to any costs of capital facilities to | 9152 |
| be incurred prior to land acquisition. | 9153 |
| (B) If the director of administrative services or the | 9154 |
| director of a state agency using or participating in an office | 9155 |
| facility and related storage and parking facility certifies that | 9156 |
| space in such facility acquired, purchased, constructed, | 9157 |
| reconstructed, rehabilitated, remodeled, renovated, enlarged, | 9158 |
| improved, altered, operated, maintained, equipped, furnished, | 9159 |
| repaired, painted, decorated, or financed by the authority has | 9160 |
| become unnecessary for state use, the authority may lease any | 9161 |
| excess space in such facility and related storage and parking | 9162 |
| facility to any governmental entity. | 9163 |
| (C) If space in any office facility leased by the authority | 9164 |
| to the department of administrative services is not immediately | 9165 |
| necessary for state use, the department of administrative services | 9166 |
|
may exercise its authority under division (A) | 9167 |
| 123.01 of the Revised Code with respect to such space. | 9168 |
| (D) Capital facilities acquired, purchased, constructed, | 9169 |
| reconstructed, rehabilitated, remodeled, renovated, enlarged, | 9170 |
| improved, altered, operated, maintained, equipped, furnished, | 9171 |
| repaired, painted, decorated, or financed by the Ohio building | 9172 |
| authority, other than any office facility and related storage and | 9173 |
| parking facility required to be leased pursuant to division (A) of | 9174 |
| this section, shall be leased to the department of administrative | 9175 |
| services, the state agency using the capital facilities, or the | 9176 |
| state agency participating in the capital facilities pursuant to | 9177 |
| section 152.33 of the Revised Code. The department of | 9178 |
| administrative services or the using or participating state agency | 9179 |
| may sublease such capital facilities to other state agencies or | 9180 |
| other governmental entities. Such parties, including other state | 9181 |
| agencies or state-supported or state-assisted institutions of | 9182 |
| higher education, may make other agreements for the use, | 9183 |
| construction, or operation of such capital facilities in any | 9184 |
| manner permitted by the lease or agreement with the authority and | 9185 |
| for the charging, collection, and deposit of such revenues and | 9186 |
| receipts of the using or participating state agency constituting | 9187 |
| available receipts, all upon such terms and conditions as the | 9188 |
| parties may agree upon and pursuant to this chapter | 9189 |
| notwithstanding other provisions of law affecting the leasing, | 9190 |
| acquisition, operation, or disposition of capital facilities by | 9191 |
| such parties. Any such lease between the authority and the | 9192 |
| department of administrative services or a using or participating | 9193 |
| state agency shall be for a period not to exceed the then current | 9194 |
| two-year period for which appropriations have been made by the | 9195 |
| general assembly to the department of administrative services or | 9196 |
| such using or participating state agency. The lease between the | 9197 |
| authority and the department of administrative services or the | 9198 |
| using or participating state agency may provide for renewal of the | 9199 |
| lease at the end of each term for another term, not exceeding two | 9200 |
| years, but no renewal shall be effective until the effective date | 9201 |
| of an appropriation enacted by the general assembly from which the | 9202 |
| department of administrative services or the using or | 9203 |
| participating state agency may lawfully pay rentals under such | 9204 |
| lease. Any such leases, subleases, or agreements may set forth the | 9205 |
| responsibilities of the authority, state agencies, | 9206 |
| state-supported, or state-assisted institutions of higher | 9207 |
| education, or other governmental entities as to the financing, | 9208 |
| assessment, planning, acquisition, purchase, construction, | 9209 |
| reconstruction, rehabilitation, remodeling, renovation, | 9210 |
| enlargement, improvement, alteration, subleasing, management, | 9211 |
| operation, maintenance, equipping, furnishing, repair, painting, | 9212 |
| decorating, and insuring of such capital facilities and other | 9213 |
| terms and conditions applicable thereto, and any other provisions | 9214 |
| mutually agreed upon for the purposes of this chapter. Promptly | 9215 |
| upon execution thereof, a signed or conformed copy of each such | 9216 |
| lease or sublease or agreement, and any supplement thereto, | 9217 |
| between the authority and a governmental entity shall be filed by | 9218 |
| the authority with the department of administrative services and | 9219 |
| the director of budget and management, and, promptly upon | 9220 |
| execution thereof, a signed or conformed copy of each such | 9221 |
| sublease or agreement between two governmental entities, not | 9222 |
| including the authority, shall be filed with the authority and the | 9223 |
| director of budget and management. For purposes of this section, | 9224 |
| the term "lease" may include, without limitation, any agreement | 9225 |
| between the department of administrative services or the state | 9226 |
| agency using or participating in such capital facilities and the | 9227 |
| authority with respect to any costs of capital facilities to be | 9228 |
| incurred prior to land acquisition. | 9229 |
| (E) The transfer of tangible personal property by lease under | 9230 |
| authority of this chapter is not a sale as used in Chapter 5739. | 9231 |
| of the Revised Code. Any agreement of a governmental entity to | 9232 |
| make rental, use, or other payments or payment of purchase price, | 9233 |
| in installments or otherwise, or repayments to or on account of | 9234 |
| the authority and the obligations issued by the authority, shall | 9235 |
| not be deemed to constitute indebtedness, bonded or otherwise, or | 9236 |
| bonds, notes, or other evidence of indebtedness of such | 9237 |
| governmental entity for the purpose of Chapter 133. of the Revised | 9238 |
| Code or any other purpose; such leases and agreements requiring | 9239 |
| payments beyond the current fiscal year are continuing contracts | 9240 |
| for the purposes of sections 5705.41 and 5705.44 of the Revised | 9241 |
| Code. | 9242 |
| (F) Any agreement between the department of administrative | 9243 |
| services or the state agency using or participating in such | 9244 |
| capital facilities and the authority that includes provision for | 9245 |
| the use of space by such using or participating state agency or | 9246 |
| the department of administrative services, even if executed prior | 9247 |
| to land acquisition or completion of construction, improvements, | 9248 |
| or financing, shall be a lease for purposes of this chapter and | 9249 |
| for all other purposes. No such lease need be recorded or | 9250 |
| recordable for purposes of determining its validity or legal | 9251 |
| sufficiency. | 9252 |
| Sec. 153.01. (A) Whenever any building or structure for the | 9253 |
| use of the state or any institution supported in whole or in part | 9254 |
| by the state or in or upon the public works of the state that is | 9255 |
|
administered by the | 9256 |
| facilities construction commission or by any other state officer | 9257 |
| or state agency authorized by law to administer a project, | 9258 |
| including an educational institution listed in section 3345.50 of | 9259 |
| the Revised Code, is to be erected or constructed, whenever | 9260 |
| additions, alterations, or structural or other improvements are to | 9261 |
| be made, or whenever heating, cooling, or ventilating plants or | 9262 |
| other equipment is to be installed or material supplied therefor, | 9263 |
| the estimated cost of which amounts to two hundred thousand | 9264 |
| dollars or more, or the amount determined pursuant to section | 9265 |
| 153.53 of the Revised Code or more, each officer, board, or other | 9266 |
| authority upon which devolves the duty of constructing, erecting, | 9267 |
| altering, or installing the same, referred to in sections 153.01 | 9268 |
| to 153.60 of the Revised Code as the public authority, shall cause | 9269 |
| to be made, by an architect or engineer whose contract of | 9270 |
| employment shall be prepared and approved by the attorney general, | 9271 |
| the following: | 9272 |
| (1) Full and accurate plans, suitable for the use of | 9273 |
| mechanics and other builders in the construction, improvement, | 9274 |
| addition, alteration, or installation; | 9275 |
| (2) Details to scale and full-sized, so drawn and represented | 9276 |
| as to be easily understood; | 9277 |
| (3) Definite and complete specifications of the work to be | 9278 |
| performed, together with directions that will enable a competent | 9279 |
| mechanic or other builder to carry them out and afford bidders all | 9280 |
| needful information; | 9281 |
| (4) A full and accurate estimate of each item of expense and | 9282 |
| the aggregate cost of those items of expense; | 9283 |
| (5) A life-cycle cost analysis; | 9284 |
| (6) Further data as may be required by the | 9285 |
| 9286 |
| (B) Division (A) of this section shall not be required with | 9287 |
| respect to a construction management contract entered into with a | 9288 |
| construction manager at risk as described in section 9.334 of the | 9289 |
| Revised Code or a design-build contract entered into with a | 9290 |
| design-build firm as described in section 153.693 of the Revised | 9291 |
| Code. | 9292 |
| Sec. 153.011. (A) Except as provided in division (D) of this | 9293 |
| section, whenever any building or structure, including highway | 9294 |
| improvements, in whole or in part supported by state capital | 9295 |
| funds, including moneys from the education facilities trust fund, | 9296 |
| is to be erected or constructed, or whenever additions, | 9297 |
| alterations, or structural or other improvements are to be made, | 9298 |
| if any steel products are to be purchased for or provided in the | 9299 |
| construction, repair, or improvement project, only steel products | 9300 |
| as defined in division (F) of this section shall be purchased for | 9301 |
| or provided in the project. | 9302 |
| (B)(1) No person shall purchase or provide steel products in | 9303 |
| violation of division (A) of this section. | 9304 |
| (2) Notwithstanding division (B) of section 153.99 of the | 9305 |
| Revised Code, no person who purchases steel products in violation | 9306 |
| of division (A) of this section shall be held liable in a civil | 9307 |
| action commenced under division (C) of this section, or pay a | 9308 |
| civil penalty under division (B) of section 153.99 of the Revised | 9309 |
| Code, if that person can demonstrate the person's compliance with | 9310 |
| division (E) of this section. | 9311 |
| (C) Whenever the executive director of | 9312 |
| 9313 | |
| reasonable cause to believe that any person has purchased or | 9314 |
| provided steel products in violation of division (A) of this | 9315 |
| section, the executive director shall conduct an investigation to | 9316 |
| determine whether the person has purchased or provided or is | 9317 |
| purchasing or providing steel products in violation of division | 9318 |
| (A) of this section. Upon conducting the investigation, if the | 9319 |
| executive director finds that the person has purchased or provided | 9320 |
| or is purchasing or providing steel products in violation of | 9321 |
| division (A) of this section, the executive director shall request | 9322 |
| the attorney general to commence a civil action under this section | 9323 |
| against the person for violating division (A) of this section. The | 9324 |
| remedy provided in this section is concurrent with any other | 9325 |
| remedy provided in this chapter, and the existence or exercise of | 9326 |
| one remedy does not prevent the exercise of any other. Upon | 9327 |
| collection of the civil penalty under division (B) of section | 9328 |
| 153.99 of the Revised Code, pursuant to an action authorized under | 9329 |
| this section, the attorney general shall pay the money collected | 9330 |
| to the treasurer of the board of education of the city, local, or | 9331 |
| exempted village school district and joint vocational school | 9332 |
| district, if one exists, in which the construction, repair, or | 9333 |
| improvement project for which the steel products used in violation | 9334 |
| of division (A) of this section is located. The treasurer shall | 9335 |
| deposit the civil penalty in equal amounts into the school | 9336 |
| district's general fund and the joint vocational school district's | 9337 |
| general fund. If a joint vocational school district does not exist | 9338 |
| where the violation occurred, then the entire sum of the civil | 9339 |
| penalty shall be deposited into the school district's general | 9340 |
| fund. | 9341 |
| (D) Pursuant to section 5525.21 of the Revised Code, the | 9342 |
| director of transportation may authorize the purchase or provision | 9343 |
| or both of a minimal amount of foreign steel products for use in | 9344 |
| contracts for public bridge projects. | 9345 |
| The executive director of | 9346 |
| facilities construction commission may waive the requirements of | 9347 |
| division (A) of this section if the executive director determines | 9348 |
| that either division (A) or (B) of section 5525.21 of the Revised | 9349 |
| Code is true in connection with a public bridge project. The | 9350 |
| executive director shall issue this determination in writing. | 9351 |
| (E) The following notice shall be included in boldface type | 9352 |
| and capital letters in all bid notifications and specifications | 9353 |
| between all parties to any contract authorized under Chapter 153. | 9354 |
| of the Revised Code or subject to this section and section 153.99 | 9355 |
| of the Revised Code: "Domestic steel use requirements as specified | 9356 |
| in section 153.011 of the Revised Code apply to this project. | 9357 |
| Copies of section 153.011 of the Revised Code can be obtained from | 9358 |
| 9359 | |
| 9360 |
| (F) As used in this section: | 9361 |
| (1) "Steel products" means products rolled, formed, shaped, | 9362 |
| drawn, extruded, forged, cast, fabricated or otherwise similarly | 9363 |
| processed, or processed by a combination of two or more of such | 9364 |
| operations, and used for load-bearing structural purposes, from | 9365 |
| steel made in the United States by the open hearth, basic oxygen, | 9366 |
| electric furnace, bessemer or other steel making process. | 9367 |
| (2) "United States" means the United States of America and | 9368 |
| includes all territory, continental or insular, subject to the | 9369 |
| jurisdiction of the United States. | 9370 |
| Sec. 153.013. If a project for the construction, alteration, | 9371 |
| or other improvement of a building or structure is administered by | 9372 |
|
the executive director of | 9373 |
| facilities construction commission or by another state agency | 9374 |
| authorized to administer a project under this chapter, if the | 9375 |
| project is located in a municipal corporation with a population of | 9376 |
| at least four hundred thousand that is in a county with a | 9377 |
| population of at least one million two hundred thousand, and if a | 9378 |
| political subdivision contributes at least one hundred thousand | 9379 |
| dollars to the project, then a contractor for the project shall | 9380 |
| comply with regulations or ordinances of the political subdivision | 9381 |
| that are in effect before July 1, 2009, and that specifically | 9382 |
| relate to the employment of residents and local businesses of the | 9383 |
| political subdivision in the performance of the work of the | 9384 |
| project, and such ordinances or regulations shall be included by | 9385 |
| reference unambiguously in the contract between the administering | 9386 |
| state agency and the contractor for the project. | 9387 |
| Sec. 153.02. (A) The executive director of | 9388 |
| 9389 | |
|
Ohio | 9390 |
| contractor from contract awards for public improvements as | 9391 |
| referred to in section 153.01 of the Revised Code or for projects | 9392 |
| as defined in section 3318.01 of the Revised Code, upon proof that | 9393 |
| the contractor has done any of the following: | 9394 |
| (1) Defaulted on a contract requiring the execution of a | 9395 |
| takeover agreement as set forth in division (B) of section 153.17 | 9396 |
| of the Revised Code; | 9397 |
| (2) Knowingly failed during the course of a contract to | 9398 |
| maintain the coverage required by the bureau of workers' | 9399 |
| compensation; | 9400 |
| (3) Knowingly failed during the course of a contract to | 9401 |
| maintain the contractor's drug-free workplace program as required | 9402 |
| by the contract; | 9403 |
| (4) Knowingly failed during the course of a contract to | 9404 |
| maintain insurance required by the contract or otherwise by law, | 9405 |
| resulting in a substantial loss to the owner, as owner is referred | 9406 |
| to in section 153.01 of the Revised Code, or to the commission and | 9407 |
| school district board, as provided in division (F) of section | 9408 |
| 3318.08 of the Revised Code; | 9409 |
| (5) Misrepresented the firm's qualifications in the selection | 9410 |
| process set forth in sections 153.65 to 153.71 or section 3318.10 | 9411 |
| of the Revised Code; | 9412 |
| (6) Been convicted of a criminal offense related to the | 9413 |
| application for or performance of any public or private contract, | 9414 |
| including, but not limited to, embezzlement, theft, forgery, | 9415 |
| bribery, falsification or destruction of records, receiving stolen | 9416 |
| property, and any other offense that directly reflects on the | 9417 |
| contractor's business integrity; | 9418 |
| (7) Been convicted of a criminal offense under state or | 9419 |
| federal antitrust laws; | 9420 |
| (8) Deliberately or willfully submitted false or misleading | 9421 |
| information in connection with the application for or performance | 9422 |
| of a public contract; | 9423 |
| (9) Been debarred from bidding on or participating in a | 9424 |
| contract with any state or federal agency. | 9425 |
| (B) When the executive director reasonably believes that | 9426 |
| grounds for debarment exist, the executive director shall send the | 9427 |
| contractor a notice of proposed debarment indicating the grounds | 9428 |
| for the proposed debarment and the procedure for requesting a | 9429 |
| hearing on the proposed debarment. The hearing shall be conducted | 9430 |
| in accordance with Chapter 119. of the Revised Code. If the | 9431 |
| contractor does not respond with a request for a hearing in the | 9432 |
| manner specified in Chapter 119. of the Revised Code, the | 9433 |
| executive director shall issue the debarment decision without a | 9434 |
| hearing and shall notify the contractor of the decision by | 9435 |
| certified mail, return receipt requested. | 9436 |
| (C) The executive director shall determine the length of the | 9437 |
| debarment period and may rescind the debarment at any time upon | 9438 |
| notification to the contractor. During the period of debarment, | 9439 |
| the contractor is not eligible to bid for or participate in any | 9440 |
| contract for a public improvement as referred to in section 153.01 | 9441 |
| of the Revised Code or for a project as defined in section 3318.01 | 9442 |
| of the Revised Code. After the debarment period expires, the | 9443 |
| contractor shall be eligible to bid for and participate in such | 9444 |
| contracts. | 9445 |
| (D) The executive director | 9446 |
| 9447 | |
| debarred under this section. Any governmental entity awarding a | 9448 |
| contract for construction of a public improvement or project may | 9449 |
| use a contractor's presence on the debarment list to determine | 9450 |
| whether a contractor is responsible or best under section 9.312 or | 9451 |
| any other section of the Revised Code in the award of a contract. | 9452 |
| Sec. 153.04. The plans, details, bills of material, | 9453 |
| specifications of work, estimates of cost in detail and in the | 9454 |
| aggregate, life-cycle cost analysis, form of bid, bid guaranty, | 9455 |
| and other data that may be required shall be prepared on such | 9456 |
| material and in such manner and form as are prescribed by the | 9457 |
| 9458 | |
| commission. The life-cycle costs shall be a primary consideration | 9459 |
| in the selection of a design. The same shall be deposited and | 9460 |
| safely kept in the office of the owner as defined in section | 9461 |
| 153.01 of the Revised Code as the property of the state. | 9462 |
| Sec. 153.06. After the proceedings required by sections | 9463 |
| 153.01 and 153.04 of the Revised Code have been complied with, the | 9464 |
| owner referred to in section 153.01 of the Revised Code shall give | 9465 |
| public notice of the time and place when and where bids will be | 9466 |
| received for performing the labor and furnishing the materials of | 9467 |
| such construction, improvement, alteration, addition, or | 9468 |
| installation, and a contract awarded, except for materials | 9469 |
| manufactured by the state or labor supplied by a county department | 9470 |
| of job and family services that may enter into the same. The form | 9471 |
|
of bid approved by the | 9472 |
| facilities construction commission shall be used, and a bid shall | 9473 |
| be invalid and not considered unless such form is used without | 9474 |
| change, alteration, or addition. Bidders may be permitted to bid | 9475 |
| upon all the branches of work and materials to be furnished and | 9476 |
| supplied, or upon any thereof, or alternately upon all or any | 9477 |
| thereof. | 9478 |
| Sec. 153.07. The notice provided for in section 153.06 of | 9479 |
| the Revised Code shall be published once each week for three | 9480 |
| consecutive weeks in a newspaper of general circulation, or as | 9481 |
| provided in section 7.16 of the Revised Code, in the county where | 9482 |
| the activity for which bids are submitted is to occur and in such | 9483 |
|
other newspapers as ordered by the | 9484 |
| 9485 | |
| publication to be at least eight days preceding the day for | 9486 |
| opening the bids, and in such form and with such phraseology as | 9487 |
|
the | 9488 |
| estimates of cost, and specifications shall be open to public | 9489 |
| inspection at all business hours between the day of the first | 9490 |
| publication and the day for opening the bids, at the office of the | 9491 |
| 9492 | |
| place as may be designated in such notice. | 9493 |
| Sec. 153.08. On the day and at the place named in the notice | 9494 |
| provided for in section 153.06 of the Revised Code, the owner | 9495 |
| referred to in section 153.01 of the Revised Code shall open the | 9496 |
| bids and shall publicly, with the assistance of the architect or | 9497 |
| engineer, immediately proceed to tabulate the bids upon duplicate | 9498 |
| sheets. The public bid opening may be broadcast by electronic | 9499 |
|
means pursuant to rules established by the | 9500 |
| 9501 | |
| bid shall be invalid and not considered unless a bid guaranty | 9502 |
| meeting the requirements of section 153.54 of the Revised Code and | 9503 |
|
in the form approved by the | 9504 |
| commission is filed with such bid. For a bid that is not filed | 9505 |
| electronically, the bid and bid guaranty shall be filed in one | 9506 |
| sealed envelope. If the bid and bid guaranty are filed | 9507 |
| electronically, they must be received electronically before the | 9508 |
| deadline published pursuant to section 153.06 of the Revised Code. | 9509 |
| For all bids filed electronically, the original, unaltered bid | 9510 |
| guaranty shall be made available to the public authority after the | 9511 |
| public bid opening. After investigation, which shall be completed | 9512 |
| within thirty days, the contract shall be awarded by such owner to | 9513 |
| the lowest responsive and responsible bidder in accordance with | 9514 |
| section 9.312 of the Revised Code. | 9515 |
| No contract shall be entered into until the industrial | 9516 |
| commission has certified that the person so awarded the contract | 9517 |
| has complied with sections 4123.01 to 4123.94 of the Revised Code, | 9518 |
| until, if the bidder so awarded the contract is a foreign | 9519 |
| corporation, the secretary of state has certified that such | 9520 |
| corporation is authorized to do business in this state, until, if | 9521 |
| the bidder so awarded the contract is a person nonresident of this | 9522 |
| state, such person has filed with the secretary of state a power | 9523 |
| of attorney designating the secretary of state as its agent for | 9524 |
| the purpose of accepting service of summons in any action brought | 9525 |
| under section 153.05 of the Revised Code or under sections 4123.01 | 9526 |
| to 4123.94 of the Revised Code, and until the contract and bond, | 9527 |
| if any, are submitted to the attorney general and the attorney | 9528 |
| general's approval certified thereon. | 9529 |
| No contract shall be entered into unless the bidder possesses | 9530 |
| a valid certificate of compliance with affirmative action programs | 9531 |
| issued pursuant to section 9.47 of the Revised Code and dated no | 9532 |
| earlier than one hundred eighty days prior to the date fixed for | 9533 |
| the opening of bids for a particular project. | 9534 |
| Sec. 153.09. If in the opinion of the owner referred to in | 9535 |
| section 153.01 of the Revised Code, the award of a contract to the | 9536 |
| lowest responsive and responsible bidder is not in the best | 9537 |
| interests of the state, the owner may accept another bid so opened | 9538 |
| or reject all bids, and advertise for other bids. Such | 9539 |
| advertisement shall be for such time, in such form, and in such | 9540 |
|
newspaper as the | 9541 |
| commission directs. All contracts shall provide that such owner | 9542 |
| may make any change in work or materials on the conditions and in | 9543 |
| the manner provided in sections 153.10 and 153.11 of the Revised | 9544 |
| Code. | 9545 |
| Sec. 153.11. Whenever the change referred to in section | 9546 |
| 153.10 of the Revised Code is approved by the owner as defined in | 9547 |
| section 153.01 of the Revised Code, accepted in writing by the | 9548 |
| contractor, and filed, the same shall be considered as being a | 9549 |
| part of the original contract, and the bond theretofore executed | 9550 |
|
shall be | 9551 |
|
cover the | 9552 |
| Sec. 153.12. (A) With respect to award of any contract for | 9553 |
| the construction, reconstruction, improvement, enlargement, | 9554 |
| alteration, repair, painting, or decoration of a public | 9555 |
| improvement made by the state, or any county, township, municipal | 9556 |
| corporation, school district, or other political subdivision, or | 9557 |
| any public board, commission, authority, instrumentality, or | 9558 |
| special purpose district of or in the state or a political | 9559 |
| subdivision or that is authorized by state law, the award, and | 9560 |
| execution of the contract, shall be made within sixty days after | 9561 |
| the date on which the bids are opened. The failure to award and | 9562 |
| execute the contract within sixty days invalidates the entire bid | 9563 |
| proceedings and all bids submitted, unless the time for awarding | 9564 |
| and executing the contract is extended by mutual consent of the | 9565 |
| owner or its representatives and the bidder whose bid the owner | 9566 |
| accepts and with respect to whom the owner subsequently awards and | 9567 |
| executes a contract. The public owners referred to in this section | 9568 |
| shall include, in the plans and specifications for the project for | 9569 |
| which bids are solicited, the estimate of cost. The bid for which | 9570 |
| the award is to be made shall be opened at the time and place | 9571 |
| named in the advertisement for bids, unless extended by the owner | 9572 |
| or its representative or unless, within seventy-two hours prior to | 9573 |
| the published time for the opening of bids, excluding Saturdays, | 9574 |
| Sundays, and legal holidays, any modification of the plans or | 9575 |
| specifications and estimates of cost for the project for which | 9576 |
| bids are solicited is issued and mailed or otherwise furnished to | 9577 |
| persons who have obtained plans or specifications for the project, | 9578 |
| for which the time for opening of bids shall be extended one week, | 9579 |
| with no further advertising of bids required. The contractor, upon | 9580 |
| request, is entitled to a notice to proceed with the work by the | 9581 |
| owner or its representative upon execution of the contract. No | 9582 |
| contract to which this section applies shall be entered into if | 9583 |
| the price of the contract, or, if the project involves multiple | 9584 |
| contracts where the total price of all contracts for the project, | 9585 |
| is in excess of ten per cent above the entire estimate thereof, | 9586 |
| nor shall the entire cost of the construction, reconstruction, | 9587 |
| repair, painting, decorating, improvement, alteration, addition, | 9588 |
| or installation, including changes and estimates of expenses for | 9589 |
| architects or engineers, exceed in the aggregate the amount | 9590 |
| authorized by law. | 9591 |
| The unit or lump sum price stated in the contract shall be | 9592 |
| used in determining the amount to be paid and shall constitute | 9593 |
| full and final compensation for all the work. | 9594 |
| Partial payment to the contractor for work performed under | 9595 |
| the lump sum price shall be based on a schedule prepared by the | 9596 |
| contractor and approved by the architect or engineer who shall | 9597 |
| apportion the lump sum price to the major components entering into | 9598 |
| or forming a part of the work under the lump sum price. | 9599 |
| Partial payments to the contractor for labor performed under | 9600 |
| either a unit or lump sum price contract shall be made at the rate | 9601 |
| of ninety-two per cent of the estimates prepared by the contractor | 9602 |
| and approved by the architect or engineer. All labor performed | 9603 |
| after the job is fifty per cent completed shall be paid for at the | 9604 |
| rate of one hundred per cent of the estimates submitted by the | 9605 |
| contractor and approved by the architect or engineer. | 9606 |
| The amounts and time of payments of any public improvements | 9607 |
| contract made by the state or any county, township, municipal | 9608 |
| corporation, school district, or other political subdivision, or | 9609 |
| any public board, commission, authority, instrumentality, or | 9610 |
| special purpose district of or in the state or a political | 9611 |
| subdivision or that is authorized by state law, except as provided | 9612 |
| in section 5525.19 of the Revised Code, shall be governed by this | 9613 |
| section and sections 153.13 and 153.14 of the Revised Code. If the | 9614 |
| time for awarding the contract is extended by mutual consent, or | 9615 |
| if the owner or its representative fails to issue a timely notice | 9616 |
| to proceed as required by this section, the owner or its | 9617 |
| representative shall issue a change order authorizing delay costs | 9618 |
| to the contractor, which does not invalidate the contract. The | 9619 |
| amount of such a change order to the owner shall be determined in | 9620 |
| accordance with the provisions of the contract for change orders | 9621 |
| or force accounts or, if no such provision is set forth in the | 9622 |
| contract, the cost to the owner shall be the contractor's actual | 9623 |
| costs including wages, labor costs other than wages, wage taxes, | 9624 |
| materials, equipment costs and rentals, insurance, and | 9625 |
| subcontracts attributable to the delay, plus a reasonable sum for | 9626 |
| overhead. In the event of a dispute between the owner and the | 9627 |
| contractor concerning such change order, procedures shall be | 9628 |
| commenced under the applicable terms of the contract, or, if the | 9629 |
| contract contains no provision for resolving the dispute, it shall | 9630 |
| be resolved pursuant to the procedures for arbitration in Chapter | 9631 |
| 2711. of the Revised Code, except as provided in division (B) of | 9632 |
| this section. Nothing in this division shall be construed as a | 9633 |
| limitation upon the authority of the director of transportation | 9634 |
| granted in Chapter 5525. of the Revised Code. | 9635 |
| (B) If a dispute arises between the state and a contractor | 9636 |
| concerning the terms of a public improvement contract let by the | 9637 |
| state or concerning a breach of the contract, and after | 9638 |
| administrative remedies provided for in such contract and any | 9639 |
| alternative dispute resolution procedures provided in accordance | 9640 |
| with guidelines established by the executive director of | 9641 |
| 9642 | |
| commission are exhausted, the contractor may bring an action to | 9643 |
| the court of claims in accordance with Chapter 2743. of the | 9644 |
| Revised Code. The state or the contractor may request the chief | 9645 |
| justice of the supreme court to appoint a referee or panel of | 9646 |
| referees in accordance with division (C)(3) of section 2743.03 of | 9647 |
| the Revised Code. As used in this division, "dispute" means a | 9648 |
| disagreement between the state and the contractor concerning a | 9649 |
| public improvement contract let by the state. | 9650 |
| Sec. 153.14. For the construction of those projects, | 9651 |
|
improvements, and public buildings over which the | 9652 |
| 9653 | |
|
has general supervision pursuant to section | 9654 |
| Revised Code, the estimates referred to in section 153.13 of the | 9655 |
| Revised Code shall be filed with the executive director by the | 9656 |
| owner referred to in section 153.01 or 153.12 of the Revised Code. | 9657 |
| Upon completion of a project referred to in section 153.13 of the | 9658 |
| Revised Code or any divisible part thereof, the maintenance and | 9659 |
| repair of such project or divisible part shall be assumed by the | 9660 |
| owner referred to in section 153.01 or 153.12 of the Revised Code. | 9661 |
| In addition to all other payments on account of work | 9662 |
| performed, there shall be allowed by the owner referred to in | 9663 |
| section 153.01 or 153.12 of the Revised Code and paid to the | 9664 |
| contractor a sum at the rate of ninety-two per cent of the invoice | 9665 |
| costs, not to exceed the bid price in a unit price contract, of | 9666 |
| material delivered on the site of the work, or a railroad station, | 9667 |
| siding, or other point in the vicinity of the work, or other | 9668 |
| approved storage site, provided such materials have been inspected | 9669 |
| and found to meet the specifications. The balance of such invoiced | 9670 |
| value shall be paid when such material is incorporated into and | 9671 |
| becomes a part of such building, construction, addition, | 9672 |
| improvement, alteration, or installation. When an estimate is | 9673 |
| allowed on account of material delivered on the site of the work | 9674 |
| or in the vicinity thereof or under the possession and control of | 9675 |
| the contractor but not yet incorporated therein, such material | 9676 |
| shall become the property of the owner under the contract, but if | 9677 |
| such material is stolen, destroyed, or damaged by casualty before | 9678 |
|
being used, the contractor shall be required to replace it at | 9679 |
| the contractor's own expense. | 9680 |
| When the rate of work and amounts involved are so large that | 9681 |
| it is considered advisable by the owner or contractor, estimates | 9682 |
| and payments shall be made twice each month. | 9683 |
| Payment on approved estimates filed with the owner or its | 9684 |
| representative shall be made within thirty days. Upon the failure | 9685 |
| of the owner or its representative to make such payments within | 9686 |
| thirty days, or upon an unauthorized withholding of retainage, | 9687 |
| there shall be allowed to the contractor, in addition to any other | 9688 |
| remedies allowed by law, interest on such moneys not paid within | 9689 |
| thirty days. Interest on the unauthorized withholding of retainage | 9690 |
| shall be in addition to any interest earned in the escrow account | 9691 |
| set forth in section 153.13 of the Revised Code. The rate of such | 9692 |
| interest shall be the average of the prime rate established at the | 9693 |
| commercial banks in the city of over one hundred thousand | 9694 |
| population that is nearest the construction project. Nothing in | 9695 |
| this section shall be construed as a limitation upon the authority | 9696 |
| of the director of transportation granted in Chapter 5525. of the | 9697 |
| Revised Code. | 9698 |
| Sec. 153.16. (A) The executive director of | 9699 |
| 9700 | |
| establish policy and procedure guidelines for contract documents | 9701 |
| in conjunction with the administration of public works contracts | 9702 |
| that the state or any institution supported in whole or in part by | 9703 |
| the state enters into for any project subject to sections 153.01 | 9704 |
| to 153.11 of the Revised Code. | 9705 |
| (B) Notwithstanding any contract provision to the contrary, | 9706 |
| any claim submitted under a public works contract that the state | 9707 |
| or any institution supported in whole or in part by the state | 9708 |
| enters into for any project subject to sections 153.01 to 153.11 | 9709 |
| of the Revised Code shall be resolved within one hundred twenty | 9710 |
| days. After the end of this one hundred twenty-day period, the | 9711 |
| contractor shall be deemed to have exhausted all administrative | 9712 |
| remedies for purposes of division (B) of section 153.12 of the | 9713 |
| Revised Code. | 9714 |
| Sec. 153.17. (A) When in the opinion of the owner referred | 9715 |
| to in section 153.01 of the Revised Code, the work under any | 9716 |
| contract made under any law of the state is neglected by the | 9717 |
| contractor or such work is not prosecuted with the diligence and | 9718 |
| force specified or intended in the contract, such owner may make | 9719 |
| requisition upon the contractor for such additional specific force | 9720 |
| or materials to be brought into the work under such contract or to | 9721 |
| remove improper materials from the grounds as in their judgment | 9722 |
| the contract and its faithful fulfillment requires. | 9723 |
| Not less than five days' notice in writing of such action | 9724 |
| shall be served upon the contractor or the contractor's agent in | 9725 |
| charge of the work. If the contractor fails to comply with such | 9726 |
| requisition within fifteen days, such owner with the written | 9727 |
|
consent of the
| 9728 |
| facilities construction commission, may employ upon the work the | 9729 |
| additional force, or supply the special materials or such part of | 9730 |
| either as is considered proper, and may remove improper materials | 9731 |
| from the grounds. | 9732 |
| (B) When the original contractor has defaulted on a contract | 9733 |
| and the surety has declined to take over the project, the owner | 9734 |
| may contract with one or more takeover contractors to complete | 9735 |
| work that was not finished because of the default of the original | 9736 |
| contractor. The owner may enter into a contract with a takeover | 9737 |
| contractor without competitive bidding or controlling board | 9738 |
| approval. Upon execution of a takeover contract, the owner shall | 9739 |
| notify the director of budget and management. | 9740 |
| When the owner has taken over a project after a default has | 9741 |
| occurred, any moneys that the owner receives from the surety as a | 9742 |
| settlement for completion of the project shall be deposited in the | 9743 |
| original fund from which the capital appropriation for the project | 9744 |
| was made. The executive director, without controlling board | 9745 |
| approval, may authorize specified additional uses for the moneys | 9746 |
| related to completion of the project and may increase the | 9747 |
| appropriation authority in the appropriation line item used to | 9748 |
| fund the project by an amount equal to the moneys received from | 9749 |
| the surety. | 9750 |
| Sec. 153.502. (A) Each construction manager at risk and | 9751 |
| design-build firm shall establish criteria by which it will | 9752 |
| prequalify prospective bidders on subcontracts awarded for work to | 9753 |
| be performed under the construction management or design-build | 9754 |
| contract. The criteria established by a construction manager at | 9755 |
| risk or design-build firm shall be subject to the approval of the | 9756 |
| public authority involved in the project and shall be consistent | 9757 |
|
with the rules adopted by the | 9758 |
| 9759 | |
| section 153.503 of the Revised Code. | 9760 |
| (B) For each subcontract to be awarded, the construction | 9761 |
| manager at risk or design-build firm shall identify at least three | 9762 |
| prospective bidders that are prequalified to bid on that | 9763 |
| subcontract, except that the construction manager at risk or | 9764 |
| design-build firm shall identify fewer than three if the | 9765 |
| construction manager at risk or design-build firm establishes to | 9766 |
| the satisfaction of the public authority that fewer than three | 9767 |
| prequalified bidders are available. The public authority shall | 9768 |
| verify that each prospective bidder meets the prequalification | 9769 |
| criteria and may eliminate any bidder it determines is not | 9770 |
| qualified. | 9771 |
| (C) Once the prospective bidders are prequalified and found | 9772 |
| acceptable by the public authority, the construction manager at | 9773 |
| risk or design-build firm shall solicit proposals from each of | 9774 |
| those bidders. The solicitation and selection of a subcontractor | 9775 |
| shall be conducted under an open book pricing method. As used in | 9776 |
| this division, "open book pricing method" has the same meaning as | 9777 |
| in section 9.33 of the Revised Code, in the case of a construction | 9778 |
| manager at risk, and the same meaning as in section 153.65 of the | 9779 |
| Revised Code, in the case of a design-build firm. | 9780 |
| (D) A construction manager at risk or design-build firm shall | 9781 |
| not be required to award a subcontract to a low bidder. | 9782 |
| Sec. 153.503. The | 9783 |
| facilities construction commission, pursuant to Chapter 119. of | 9784 |
|
the Revised Code | 9785 |
| rules to do all of the following: | 9786 |
| (A) Prescribe the procedures and criteria for determining the | 9787 |
| best value selection of a construction manager at risk or | 9788 |
| design-build firm; | 9789 |
| (B) | 9790 |
| Set forth standards to be followed by construction managers at | 9791 |
| risk and design-build firms when establishing prequalification | 9792 |
| criteria pursuant to section 153.502 of the Revised Code; | 9793 |
| (C) Prescribe the form for the contract documents to be used | 9794 |
| by a construction manager at risk, design-build firm, or general | 9795 |
| contractor when entering into a subcontract; | 9796 |
| (D) Prescribe the form for the contract documents to be used | 9797 |
| by a public authority when entering into a contract with a | 9798 |
| construction manager at risk or design-build firm. | 9799 |
| Sec. 153.53. (A) As used in this section, "rate of | 9800 |
| inflation" has the same meaning as in section 107.032 of the | 9801 |
| Revised Code. | 9802 |
| (B) Five years after | 9803 |
| September 29, 2011, and every five years thereafter, the executive | 9804 |
|
director of | 9805 |
| construction commission shall evaluate the monetary threshold | 9806 |
| specified in section 153.01 of the Revised Code and adopt rules | 9807 |
| adjusting that amount based on the average rate of inflation | 9808 |
| during each of the previous five years immediately preceding such | 9809 |
| adjustment. | 9810 |
| Sec. 167.04. (A) The regional council of governments shall | 9811 |
| adopt by-laws, by a majority vote of its members, designating the | 9812 |
| officers of the council and the method of their selection, | 9813 |
| creating a governing board that may act for the council as | 9814 |
| provided in the by-laws, and providing for the conduct of its | 9815 |
| business. | 9816 |
| (B) The by-laws of the regional council of governments shall | 9817 |
| provide for the appointment of a fiscal officer, who may hold any | 9818 |
| other office or employment with the council, and who shall | 9819 |
| receive, deposit, invest, and disburse the funds of the council in | 9820 |
| the manner authorized by the by-laws or action by the council. | 9821 |
| (C) The by-laws of a regional council of governments the | 9822 |
| members of which include, under sections 167.01 and 167.02 of the | 9823 |
| Revised Code, at least eight counties may include a provision | 9824 |
| authorizing member attendance and voting at council meetings | 9825 |
| either in person or by proxy. | 9826 |
| (D)(1) Within ten business days after forming a regional | 9827 |
| council of governments, the officers of the council shall notify | 9828 |
| the auditor of state of the regional council's formation and shall | 9829 |
| provide on a form prescribed by the auditor of state the | 9830 |
| information regarding the regional council that the auditor of | 9831 |
| state considers necessary. | 9832 |
| (2) As used in this division, "business day" means a day of | 9833 |
| the week, excluding Saturday, Sunday, or a legal holiday as | 9834 |
| defined in section 1.14 of the Revised Code. | 9835 |
| Sec. 173.14. As used in sections 173.14 to 173.27 of the | 9836 |
| Revised Code: | 9837 |
| (A)(1) Except as otherwise provided in division (A)(2) of | 9838 |
| this section, "long-term care facility" includes any residential | 9839 |
| facility that provides personal care services for more than | 9840 |
| twenty-four hours for two or more unrelated adults, including all | 9841 |
| of the following: | 9842 |
| (a) A "nursing home," "residential care facility," or "home | 9843 |
| for the aging" as defined in section 3721.01 of the Revised Code; | 9844 |
| (b) A facility authorized to provide extended care services | 9845 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 9846 |
| (1935), 42 U.S.C. 301, as amended, including a long-term acute | 9847 |
| care hospital that provides medical and rehabilitative care to | 9848 |
| patients who require an average length of stay greater than | 9849 |
| twenty-five days and is classified by the centers for medicare and | 9850 |
| medicaid services as a long-term care hospital pursuant to 42 | 9851 |
| C.F.R. 412.23(e); | 9852 |
| (c) A county home or district home operated pursuant to | 9853 |
| Chapter 5155. of the Revised Code; | 9854 |
| (d) | 9855 |
| licensed under section | 9856 |
| provides accommodations, supervision, and personal care services | 9857 |
| for three to sixteen unrelated adults; | 9858 |
| (e) A facility approved by the veterans administration under | 9859 |
| section 104(a) of the "Veterans Health Care Amendments of 1983," | 9860 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 9861 |
| the placement and care of veterans; | 9862 |
| (f) An adult foster home certified under section 5119.692 of | 9863 |
| the Revised Code. | 9864 |
| (2) "Long-term care facility" does not include | 9865 |
| 9866 | |
| 9867 | |
| 5123.19 of the Revised Code. | 9868 |
| (B) "Resident" means a resident of a long-term care facility | 9869 |
| and, where appropriate, includes a prospective, previous, or | 9870 |
| deceased resident of a long-term care facility. | 9871 |
| (C) "Community-based long-term care services" means health | 9872 |
| and social services provided to persons in their own homes or in | 9873 |
| community care settings, and includes any of the following: | 9874 |
| (1) Case management; | 9875 |
| (2) Home health care; | 9876 |
| (3) Homemaker services; | 9877 |
| (4) Chore services; | 9878 |
| (5) Respite care; | 9879 |
| (6) Adult day care; | 9880 |
| (7) Home-delivered meals; | 9881 |
| (8) Personal care; | 9882 |
| (9) Physical, occupational, and speech therapy; | 9883 |
| (10) Transportation; | 9884 |
| (11) Any other health and social services provided to persons | 9885 |
| that allow them to retain their independence in their own homes or | 9886 |
| in community care settings. | 9887 |
| (D) "Recipient" means a recipient of community-based | 9888 |
| long-term care services and, where appropriate, includes a | 9889 |
| prospective, previous, or deceased recipient of community-based | 9890 |
| long-term care services. | 9891 |
| (E) "Sponsor" means an adult relative, friend, or guardian | 9892 |
| who has an interest in or responsibility for the welfare of a | 9893 |
| resident or a recipient. | 9894 |
| (F) "Personal care services" has the same meaning as in | 9895 |
| section 3721.01 of the Revised Code. | 9896 |
| (G) "Regional long-term care ombudsperson program" means an | 9897 |
| entity, either public or private and nonprofit, designated as a | 9898 |
| regional long-term care ombudsperson program by the state | 9899 |
| long-term care ombudsperson. | 9900 |
| (H) "Representative of the office of the state long-term care | 9901 |
| ombudsperson program" means the state long-term care ombudsperson | 9902 |
| or a member of the ombudsperson's staff, or a person certified as | 9903 |
| a representative of the office under section 173.21 of the Revised | 9904 |
| Code. | 9905 |
| (I) "Area agency on aging" means an area agency on aging | 9906 |
| established under the "Older Americans Act of 1965," 79 Stat. 219, | 9907 |
| 42 U.S.C.A. 3001, as amended. | 9908 |
| Sec. 173.21. (A) The office of the state long-term care | 9909 |
| ombudsperson program, through the state long-term care | 9910 |
| ombudsperson and the regional long-term care ombudsperson | 9911 |
| programs, shall require each representative of the office to | 9912 |
| complete a training and certification program in accordance with | 9913 |
| this section and to meet the continuing education requirements | 9914 |
| established under this section. | 9915 |
| (B) The department of aging shall adopt rules under Chapter | 9916 |
| 119. of the Revised Code specifying the content of training | 9917 |
| programs for representatives of the office of the state long-term | 9918 |
| care ombudsperson program. Training for representatives other than | 9919 |
| those who are volunteers providing services through regional | 9920 |
| long-term care ombudsperson programs shall include instruction | 9921 |
| regarding federal, state, and local laws, rules, and policies on | 9922 |
| long-term care facilities and community-based long-term care | 9923 |
| services; investigative techniques; and other topics considered | 9924 |
| relevant by the department and shall consist of the following: | 9925 |
| (1) A minimum of forty clock hours of basic instruction, | 9926 |
| which shall be completed before the trainee is permitted to handle | 9927 |
| complaints without the supervision of a representative of the | 9928 |
| office certified under this section; | 9929 |
| (2) An additional sixty clock hours of instruction, which | 9930 |
| shall be completed within the first fifteen months of employment; | 9931 |
| (3) An internship of twenty clock hours, which shall be | 9932 |
| completed within the first twenty-four months of employment, | 9933 |
| including instruction in, and observation of, basic nursing care | 9934 |
| and long-term care provider operations and procedures. The | 9935 |
| internship shall be performed at a site that has been approved as | 9936 |
| an internship site by the state long-term care ombudsperson. | 9937 |
| (4) One of the following, which shall be completed within the | 9938 |
| first twenty-four months of employment: | 9939 |
| (a) Observation of a survey conducted by the director of | 9940 |
| health to certify a facility to receive funds under sections | 9941 |
| 5111.20 to 5111.32 of the Revised Code; | 9942 |
| (b) Observation of an inspection conducted by the director of | 9943 |
|
mental health to license | 9944 |
|
under section
| 9945 |
| accommodations, supervision, and personal care services for three | 9946 |
| to sixteen unrelated adults. | 9947 |
| (5) Any other training considered appropriate by the | 9948 |
| department. | 9949 |
| (C) Persons who for a period of at least six months prior to | 9950 |
| June 11, 1990, served as ombudsmen through the long-term care | 9951 |
| ombudsperson program established by the department of aging under | 9952 |
| division (M) of section 173.01 of the Revised Code shall not be | 9953 |
| required to complete a training program. These persons and persons | 9954 |
| who complete a training program shall take an examination | 9955 |
| administered by the department of aging. On attainment of a | 9956 |
| passing score, the person shall be certified by the department as | 9957 |
| a representative of the office. The department shall issue the | 9958 |
| person an identification card, which the representative shall show | 9959 |
| at the request of any person with whom the representative deals | 9960 |
| while performing the representative's duties and which shall be | 9961 |
| surrendered at the time the representative separates from the | 9962 |
| office. | 9963 |
| (D) The state ombudsperson and each regional program shall | 9964 |
| conduct training programs for volunteers on their respective | 9965 |
| staffs in accordance with the rules of the department of aging | 9966 |
| adopted under division (B) of this section. Training programs may | 9967 |
| be conducted that train volunteers to complete some, but not all, | 9968 |
| of the duties of a representative of the office. Each regional | 9969 |
| office shall bear the cost of training its representatives who are | 9970 |
| volunteers. On completion of a training program, the | 9971 |
| representative shall take an examination administered by the | 9972 |
| department of aging. On attainment of a passing score, a volunteer | 9973 |
| shall be certified by the department as a representative | 9974 |
| authorized to perform services specified in the certification. The | 9975 |
| department shall issue an identification card, which the | 9976 |
| representative shall show at the request of any person with whom | 9977 |
| the representative deals while performing the representative's | 9978 |
| duties and which shall be surrendered at the time the | 9979 |
| representative separates from the office. Except as a supervised | 9980 |
| part of a training program, no volunteer shall perform any duty | 9981 |
| unless he is certified as a representative having received | 9982 |
| appropriate training for that duty. | 9983 |
| (E) The state ombudsperson shall provide technical assistance | 9984 |
| to regional programs conducting training programs for volunteers | 9985 |
| and shall monitor the training programs. | 9986 |
| (F) Prior to scheduling an observation of a certification | 9987 |
| survey or licensing inspection for purposes of division (B)(4) of | 9988 |
| this section, the state ombudsperson shall obtain permission to | 9989 |
| have the survey or inspection observed from both the director of | 9990 |
| health and the long-term care facility at which the survey or | 9991 |
| inspection is to take place. | 9992 |
| (G) The department of aging shall establish continuing | 9993 |
| education requirements for representatives of the office. | 9994 |
| Sec. 173.23. (A) Representatives of the office of the state | 9995 |
| long-term care ombudsperson program are immune from civil or | 9996 |
| criminal liability for any action taken in the good faith | 9997 |
| performance of their official duties under sections 173.14 to | 9998 |
|
173.26 of the Revised Code. | 9999 |
| 10000 | |
| 10001 | |
| 10002 | |
| 10003 | |
| 10004 | |
| 10005 |
| (B) A person acting in good faith is immune from civil or | 10006 |
| criminal liability incident to any of the following: providing | 10007 |
| information to the office, participating in registration of a | 10008 |
| complaint with the office, participating in investigation of a | 10009 |
| complaint by the office, or participating in an administrative or | 10010 |
| judicial proceeding resulting from a complaint. | 10011 |
| (C) No person shall knowingly register a false complaint with | 10012 |
| the office, or knowingly swear or affirm the truth of a false | 10013 |
| complaint previously registered, when the statement is made with | 10014 |
| purpose to incriminate another. | 10015 |
| (D) The attorney general shall provide legal counsel to the | 10016 |
| office of the state long-term care ombudsperson program and to the | 10017 |
| regional long-term care ombudsperson programs. The attorney | 10018 |
| general shall represent any representative of the office and any | 10019 |
| representative of a regional program against whom any legal action | 10020 |
| is brought in connection with the representative's official duties | 10021 |
| under sections 173.14 to 173.26 of the Revised Code. | 10022 |
| Sec. 173.26. (A) Each of the following facilities shall | 10023 |
| annually pay to the department of aging six dollars for each bed | 10024 |
| maintained by the facility for use by a resident during any part | 10025 |
| of the previous year: | 10026 |
| (1) Nursing homes, residential care facilities, and homes for | 10027 |
| the aging as defined in section 3721.01 of the Revised Code; | 10028 |
| (2) Facilities authorized to provide extended care services | 10029 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 10030 |
| (1935), 42 U.S.C. 301, as amended, including a long-term acute | 10031 |
| care hospital that provides medical and rehabilitative care to | 10032 |
| patients who require an average length of stay greater than | 10033 |
| twenty-five days and is classified by the centers for medicare and | 10034 |
| medicaid services as a long-term care hospital pursuant to 42 | 10035 |
| C.F.R. 412.23(e); | 10036 |
| (3) County homes and district homes operated pursuant to | 10037 |
| Chapter 5155. of the Revised Code; | 10038 |
| (4) | 10039 |
|
under section | 10040 |
| accommodations, supervision, and personal care services for three | 10041 |
| to sixteen unrelated adults; | 10042 |
| (5) Facilities approved by the Veterans Administration under | 10043 |
| Section 104(a) of the "Veterans Health Care Amendments of 1983," | 10044 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 10045 |
| the placement and care of veterans. | 10046 |
| The department shall, by rule adopted in accordance with | 10047 |
| Chapter 119. of the Revised Code, establish deadlines for payments | 10048 |
| required by this section. A facility that fails, within ninety | 10049 |
| days after the established deadline, to pay a payment required by | 10050 |
| this section shall be assessed at two times the original invoiced | 10051 |
| payment. | 10052 |
| (B) All money collected under this section shall be deposited | 10053 |
| in the state treasury to the credit of the office of the state | 10054 |
| long-term care ombudsperson program fund, which is hereby created. | 10055 |
| Money credited to the fund shall be used solely to pay the costs | 10056 |
| of operating the regional long-term care ombudsperson programs. | 10057 |
| (C) The state long-term care ombudsperson and the regional | 10058 |
| programs may solicit and receive contributions to support the | 10059 |
| operation of the office or a regional program, except that no | 10060 |
| contribution shall be solicited or accepted that would interfere | 10061 |
| with the independence or objectivity of the office or program. | 10062 |
| Sec. 173.27. (A) As used in this section: | 10063 |
| (1) "Applicant" means a person who is under final | 10064 |
| consideration for employment with the office of the state | 10065 |
| long-term care ombudsperson program in a full-time, part-time, or | 10066 |
| temporary position that involves providing ombudsperson services | 10067 |
|
to residents and recipients. "Applicant" includes | 10068 |
| 10069 | |
| employment as the state long-term care ombudsperson or the head of | 10070 |
| a regional long-term care ombudsperson program. "Applicant" does | 10071 |
|
not include a person | 10072 |
| services to residents and recipients as a volunteer without | 10073 |
| receiving or expecting to receive any form of remuneration other | 10074 |
| than reimbursement for actual expenses. | 10075 |
| (2) "Criminal records check" has the same meaning as in | 10076 |
| section 109.572 of the Revised Code. | 10077 |
| (3) "Disqualifying offense" means any of the following: | 10078 |
| (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, | 10079 |
| 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, | 10080 |
| 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, | 10081 |
| 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, | 10082 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 10083 |
| 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 10084 |
| 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, | 10085 |
| 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, | 10086 |
| 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, | 10087 |
| 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, | 10088 |
| 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, | 10089 |
| 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23, | 10090 |
| 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24, | 10091 |
| 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, | 10092 |
| 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, | 10093 |
| 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, | 10094 |
| 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, | 10095 |
| 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; | 10096 |
| (b) Felonious sexual penetration in violation of former | 10097 |
| section 2907.12 of the Revised Code; | 10098 |
| (c) A violation of section 2905.04 of the Revised Code as it | 10099 |
| existed prior to July 1, 1996; | 10100 |
| (d) A violation of section 2923.01, 2923.02, or 2923.03 of | 10101 |
| the Revised Code when the underlying offense that is the object of | 10102 |
| the conspiracy, attempt, or complicity is one of the offenses | 10103 |
| listed in divisions (A)(3)(a) to (c) of this section; | 10104 |
| (e) A violation of an existing or former municipal ordinance | 10105 |
| or law of this state, any other state, or the United States that | 10106 |
| is substantially equivalent to any of the offenses listed in | 10107 |
| divisions (A)(3)(a) to (d) of this section. | 10108 |
| (4) "Employee" means a person employed by the office of the | 10109 |
| state long-term care ombudsperson program in a full-time, | 10110 |
| part-time, or temporary position that involves providing | 10111 |
| ombudsperson services to residents and recipients. "Employee" | 10112 |
| includes the person employed as the state long-term care | 10113 |
| ombudsperson and a person employed as the head of a regional | 10114 |
| long-term care ombudsperson program. "Employee" does not include a | 10115 |
| person who provides ombudsperson services to residents and | 10116 |
| recipients as a volunteer without receiving or expecting to | 10117 |
| receive any form of remuneration other than reimbursement for | 10118 |
| actual expenses. | 10119 |
| (5) "Responsible entity" means the following: | 10120 |
| (a) In the case of an applicant who is under final | 10121 |
| consideration for employment as the state long-term care | 10122 |
| ombudsperson or the person employed as the state long-term care | 10123 |
| ombudsperson, the director of aging; | 10124 |
| (b) In the case of any other applicant or employee, the state | 10125 |
| long-term care ombudsperson or the ombudsperson's designee. | 10126 |
| (B) The office of the state long-term care ombudsperson | 10127 |
| program may not employ an applicant or continue to employ an | 10128 |
| employee in a position that involves providing ombudsperson | 10129 |
| services to residents and recipients if any of the following | 10130 |
| apply: | 10131 |
| (1) A review of the databases listed in division (D) of this | 10132 |
| section reveals any of the following: | 10133 |
| (a) That the applicant or employee is included in one or more | 10134 |
| of the databases listed in divisions (D)(1) to (5) of this | 10135 |
| section; | 10136 |
| (b) That there is in the state nurse aide registry | 10137 |
| established under section 3721.32 of the Revised Code a statement | 10138 |
| detailing findings by the director of health that the applicant or | 10139 |
| employee neglected or abused a long-term care facility or | 10140 |
| residential care facility resident or misappropriated property of | 10141 |
| such a resident; | 10142 |
| (c) That the applicant or employee is included in one or more | 10143 |
| of the databases, if any, specified in rules adopted under this | 10144 |
| section and the rules prohibit the office from employing an | 10145 |
| applicant or continuing to employ an employee included in such a | 10146 |
| database in a position that involves providing ombudsperson | 10147 |
| services to residents and recipients. | 10148 |
| (2) After the applicant or employee is provided, pursuant to | 10149 |
| division (E)(2)(a) of this section, a copy of the form prescribed | 10150 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 10151 |
| and the standard impression sheet prescribed pursuant to division | 10152 |
| (C)(2) of that section, the applicant or employee fails to | 10153 |
| complete the form or provide the applicant's or employee's | 10154 |
| fingerprint impressions on the standard impression sheet. | 10155 |
| (3) Except as provided in rules adopted under this section, | 10156 |
| the applicant or employee is found by a criminal records check | 10157 |
| required by this section to have been convicted of, pleaded guilty | 10158 |
| to, or been found eligible for intervention in lieu of conviction | 10159 |
| for a disqualifying offense. | 10160 |
| (C) The responsible entity shall inform each applicant of | 10161 |
| both of the following at the time of the applicant's initial | 10162 |
| application for employment in a position that involves providing | 10163 |
| ombudsperson services to residents and recipients: | 10164 |
| (1) That a review of the databases listed in division (D) of | 10165 |
| this section will be conducted to determine whether the office of | 10166 |
| the state long-term care ombudsperson program is prohibited by | 10167 |
| division (B)(1) of this section from employing the applicant in | 10168 |
| the position; | 10169 |
| (2) That, unless the database review reveals that the | 10170 |
| applicant may not be employed in the position, a criminal records | 10171 |
| check of the applicant will be conducted and the applicant is | 10172 |
| required to provide a set of the applicant's fingerprint | 10173 |
| impressions as part of the criminal records check. | 10174 |
| (D) As a condition of any applicant's being employed by the | 10175 |
| office of the state long-term care ombudsperson program in a | 10176 |
| position that involves providing ombudsperson services to | 10177 |
| residents and recipients, the responsible entity shall conduct a | 10178 |
| database review of the applicant in accordance with rules adopted | 10179 |
| under this section. If rules adopted under this section so | 10180 |
| require, the responsible entity shall conduct a database review of | 10181 |
| an employee in accordance with the rules as a condition of the | 10182 |
| office's continuing to employ the employee in a position that | 10183 |
| involves providing ombudsperson services to residents and | 10184 |
| recipients. A database review shall determine whether the | 10185 |
| applicant or employee is included in any of the following: | 10186 |
| (1) The excluded parties list system maintained by the United | 10187 |
| States general services administration pursuant to subpart 9.4 of | 10188 |
| the federal acquisition regulation; | 10189 |
| (2) The list of excluded individuals and entities maintained | 10190 |
| by the office of inspector general in the United States department | 10191 |
| of health and human services pursuant to section 1128 of the | 10192 |
| "Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as | 10193 |
| amended, and section 1156 of the "Social Security Act," 96 Stat. | 10194 |
| 388 (1982), 42 U.S.C. 1320c-5, as amended; | 10195 |
| (3) The registry of MR/DD employees established under section | 10196 |
| 5123.52 of the Revised Code; | 10197 |
| (4) The internet-based sex offender and child-victim offender | 10198 |
| database established under division (A)(11) of section 2950.13 of | 10199 |
| the Revised Code; | 10200 |
| (5) The internet-based database of inmates established under | 10201 |
| section 5120.66 of the Revised Code; | 10202 |
| (6) The state nurse aide registry established under section | 10203 |
| 3721.32 of the Revised Code; | 10204 |
| (7) Any other database, if any, specified in rules adopted | 10205 |
| under this section. | 10206 |
| (E)(1) | 10207 |
| 10208 | |
| employed by the office of the state long-term care ombudsperson | 10209 |
| program in a position that involves providing ombudsperson | 10210 |
| services to residents and recipients, the responsible entity shall | 10211 |
| request that the superintendent of the bureau of criminal | 10212 |
| identification and investigation conduct a criminal records check | 10213 |
| 10214 | |
| section so require, the responsible entity shall request that the | 10215 |
| superintendent conduct a criminal records check of an employee at | 10216 |
| times specified in the rules as a condition of the office's | 10217 |
| continuing to employ the employee in a position that involves | 10218 |
| providing ombudsperson services to residents and recipients. | 10219 |
|
However, | 10220 |
| 10221 | |
| 10222 | |
| 10223 | |
| request the criminal records check of the applicant or employee if | 10224 |
| the office is prohibited by division (B)(1) of this section from | 10225 |
| employing the applicant or continuing to employ the employee in a | 10226 |
| position that involves providing ombudsperson services to | 10227 |
| residents and recipients. If an applicant or employee for whom a | 10228 |
|
criminal records check request is required | 10229 |
| section does not present proof of having been a resident of this | 10230 |
| state for the five-year period immediately prior to the date the | 10231 |
| criminal records check is requested or provide evidence that | 10232 |
| within that five-year period the superintendent has requested | 10233 |
| information about the applicant or employee from the federal | 10234 |
| bureau of investigation in a criminal records check, the | 10235 |
| 10236 | |
| request that the superintendent obtain information from the | 10237 |
| federal bureau of investigation as part of the criminal records | 10238 |
|
check | 10239 |
|
a criminal records check request is required
| 10240 |
| 10241 | |
|
state for the five-year period, the | 10242 |
| 10243 | |
| include information from the federal bureau of investigation in | 10244 |
| the criminal records check. | 10245 |
| (2) | 10246 |
| 10247 | |
| 10248 |
| (a) Provide to each applicant and employee for whom a | 10249 |
|
criminal records check request is required | 10250 |
| this section a copy of the form prescribed pursuant to division | 10251 |
| (C)(1) of section 109.572 of the Revised Code and a standard | 10252 |
| 10253 | |
|
(C)(2) of that section | 10254 |
| (b) Obtain the completed form and standard impression sheet | 10255 |
| from the applicant or employee; | 10256 |
| | 10257 |
|
sheet to the superintendent | 10258 |
| 10259 |
| (3) | 10260 |
| 10261 | |
| 10262 | |
| 10263 | |
| 10264 |
| | 10265 |
| 10266 | |
| 10267 | |
| 10268 | |
| 10269 | |
| 10270 | |
| 10271 |
| | 10272 |
| 10273 | |
| 10274 | |
| 10275 | |
| 10276 | |
| 10277 | |
| 10278 | |
| 10279 | |
| 10280 |
| | 10281 |
| 10282 | |
| 10283 | |
| 10284 |
| | 10285 |
| program shall pay to the bureau of criminal identification and | 10286 |
| investigation the fee prescribed pursuant to division (C)(3) of | 10287 |
| section 109.572 of the Revised Code for each criminal records | 10288 |
| check the responsible entity requests under this section. The | 10289 |
| office may charge an applicant a fee not exceeding the amount the | 10290 |
| office pays to the bureau under this section if the responsible | 10291 |
| entity notifies the applicant at the time of initial application | 10292 |
| for employment of the amount of the fee. | 10293 |
| (F)(1) The office of the state long-term care ombudsperson | 10294 |
| program may employ conditionally an applicant for whom a criminal | 10295 |
|
records check | 10296 |
|
section prior to obtaining the results of | 10297 |
|
check
| 10298 |
| 10299 | |
| 10300 | |
| of this section from employing the applicant in a position that | 10301 |
| involves providing ombudsperson services to residents and | 10302 |
| recipients and the responsible entity requests the criminal | 10303 |
|
records check | 10304 |
| 10305 | |
|
the | 10306 |
| | 10307 |
|
program shall terminate the employment of an | 10308 |
|
employed conditionally under division | 10309 |
|
section if the results of the criminal records check | 10310 |
| 10311 | |
| request for information from the federal bureau of investigation, | 10312 |
| are not obtained within the period ending sixty days after the | 10313 |
| date the request for the criminal records check is made. | 10314 |
| Regardless of when the results of the criminal records check are | 10315 |
|
obtained, if the results indicate that the | 10316 |
|
has been convicted of | 10317 |
| 10318 | |
| found eligible for intervention in lieu of conviction for a | 10319 |
|
disqualifying offense, the office shall terminate the | 10320 |
| applicant's employment unless circumstances specified in rules | 10321 |
| adopted under this section that permit the office to employ the | 10322 |
|
applicant exist and the office chooses to employ the | 10323 |
| 10324 | |
| of employment under this division shall be considered just cause | 10325 |
| for discharge for purposes of division (D)(2) of section 4141.29 | 10326 |
|
of the Revised Code if the | 10327 |
|
to deceive the office about the
| 10328 |
| record. | 10329 |
| | 10330 |
| 10331 | |
| 10332 | |
| 10333 | |
| 10334 | |
| 10335 |
| | 10336 |
| 10337 | |
| 10338 | |
| 10339 | |
| 10340 | |
| 10341 |
| | 10342 |
| pursuant to a request made under this section is not a public | 10343 |
| record for the purposes of section 149.43 of the Revised Code and | 10344 |
| shall not be made available to any person other than the | 10345 |
| following: | 10346 |
| (1) The | 10347 |
|
of the criminal records check or the | 10348 |
| employee's representative; | 10349 |
| (2) The | 10350 |
| 10351 | |
| 10352 | |
| representative; | 10353 |
| (3) If the state long-term care ombudsperson designates the | 10354 |
| head or other employee of a regional long-term care ombudsperson | 10355 |
| program to request a criminal records check under this section, a | 10356 |
| representative of the office of the state long-term care | 10357 |
| ombudsperson program who is responsible for monitoring the | 10358 |
| regional program's compliance with this section; | 10359 |
| (4) A court, hearing officer, or other necessary individual | 10360 |
|
involved in a case dealing with | 10361 |
| (a) A denial of employment of the applicant or | 10362 |
| 10363 |
| (b) Employment or unemployment benefits of the applicant or | 10364 |
| employee; | 10365 |
| (c) A civil or criminal action regarding the medicaid program | 10366 |
| or a program the department of aging administers. | 10367 |
| | 10368 |
| 10369 | |
| 10370 | |
| 10371 | |
| 10372 | |
| 10373 | |
| 10374 |
| | 10375 |
| 10376 | |
| 10377 | |
| 10378 | |
| 10379 | |
| 10380 | |
| 10381 |
| (H) In a tort or other civil action for damages that is | 10382 |
| brought as the result of an injury, death, or loss to person or | 10383 |
|
property caused by an | 10384 |
| office of the state long-term care ombudsperson program employs in | 10385 |
| a position that involves providing ombudsperson services to | 10386 |
| residents and recipients, all of the following shall apply: | 10387 |
| (1) If the office employed the | 10388 |
| employee in good faith and reasonable reliance on the report of a | 10389 |
| criminal records check requested under this section, the office | 10390 |
| shall not be found negligent solely because of its reliance on the | 10391 |
| report, even if the information in the report is determined later | 10392 |
| to have been incomplete or inaccurate. | 10393 |
| (2) If the office employed the | 10394 |
|
faith on a conditional basis pursuant to division | 10395 |
| this section, the office shall not be found negligent solely | 10396 |
|
because it employed the | 10397 |
| the report of a criminal records check requested under this | 10398 |
| section. | 10399 |
| (3) If the office in good faith employed the | 10400 |
| applicant or employee according to the personal character | 10401 |
|
standards established in rules adopted under | 10402 |
| section, the office shall not be found negligent solely because | 10403 |
|
the | 10404 |
|
has been convicted of | 10405 |
| 10406 | |
| eligible for intervention in lieu of conviction for a | 10407 |
| disqualifying offense. | 10408 |
| (I) The director of aging shall adopt rules in accordance | 10409 |
| with Chapter 119. of the Revised Code to implement this section. | 10410 |
| (1) The rules may do the following: | 10411 |
| (a) Require employees to undergo database reviews and | 10412 |
| criminal records checks under this section; | 10413 |
| (b) If the rules require employees to undergo database | 10414 |
| reviews and criminal records checks under this section, exempt one | 10415 |
| or more classes of employees from the requirements; | 10416 |
| (c) For the purpose of division (D)(7) of this section, | 10417 |
| specify other databases that are to be checked as part of a | 10418 |
| database review conducted under this section. | 10419 |
| (2) The rules shall specify all of the following: | 10420 |
| (a) The procedures for conducting database reviews under this | 10421 |
| section; | 10422 |
| (b) If the rules require employees to undergo database | 10423 |
| reviews and criminal records checks under this section, the times | 10424 |
| at which the database reviews and criminal records checks are to | 10425 |
| be conducted; | 10426 |
| (c) If the rules specify other databases to be checked as | 10427 |
| part of the database reviews, the circumstances under which the | 10428 |
| office of the state long-term care ombudsperson program is | 10429 |
| prohibited from employing an applicant or continuing to employ an | 10430 |
| employee who is found by a database review to be included in one | 10431 |
| or more of those databases; | 10432 |
| (d) Circumstances under which the office of the state | 10433 |
| long-term care ombudsperson program may employ an applicant or | 10434 |
| employee who is found by a criminal records check required by this | 10435 |
| section to have been convicted of, pleaded guilty to, or been | 10436 |
| found eligible for intervention in lieu of conviction for a | 10437 |
| disqualifying offense but meets personal character standards. | 10438 |
| Sec. 173.391. (A) The department of aging or its designee | 10439 |
| shall do all of the following in accordance with Chapter 119. of | 10440 |
| the Revised Code: | 10441 |
| (1) Certify a person or government entity to provide | 10442 |
| community-based long-term care services under a program the | 10443 |
| department administers if the person or government entity | 10444 |
| satisfies the requirements for certification established by rules | 10445 |
| adopted under division (B) of this section and pays the fee, if | 10446 |
| any, established by rules adopted under division (G) of this | 10447 |
| section; | 10448 |
| (2) When required to do so by rules adopted under division | 10449 |
| (B) of this section, take one or more of the following | 10450 |
| disciplinary actions against a person or government entity | 10451 |
| certified under division (A)(1) of this section: | 10452 |
| (a) Issue a written warning; | 10453 |
| (b) Require the submission of a plan of correction or | 10454 |
| evidence of compliance with requirements identified by the | 10455 |
| department; | 10456 |
| (c) Suspend referrals; | 10457 |
| (d) Remove clients; | 10458 |
| (e) Impose a fiscal sanction such as a civil monetary penalty | 10459 |
| or an order that unearned funds be repaid; | 10460 |
| (f) Suspend the certification; | 10461 |
| (g) Revoke the certification; | 10462 |
| (h) Impose another sanction. | 10463 |
| (3) Except as provided in division (E) of this section, hold | 10464 |
| hearings when there is a dispute between the department or its | 10465 |
| designee and a person or government entity concerning actions the | 10466 |
| department or its designee takes regarding a decision not to | 10467 |
| certify the person or government entity under division (A)(1) of | 10468 |
|
this section or a disciplinary action under | 10469 |
| (A)(2)(e) to (h) of this section. | 10470 |
| (B) The director of aging shall adopt rules in accordance | 10471 |
| with Chapter 119. of the Revised Code establishing certification | 10472 |
| requirements and standards for determining which type of | 10473 |
| disciplinary action to take under division (A)(2) of this section | 10474 |
| in individual situations. The rules shall establish procedures for | 10475 |
| all of the following: | 10476 |
| (1) Ensuring that community-based long-term care agencies | 10477 |
| comply with section 173.394 of the Revised Code; | 10478 |
| (2) Evaluating the services provided by the agencies to | 10479 |
| ensure that the services are provided in a quality manner | 10480 |
| advantageous to the individual receiving the services; | 10481 |
| (3) Determining when to take disciplinary action under | 10482 |
| division (A)(2) of this section and which disciplinary action to | 10483 |
| take; | 10484 |
| (4) Determining what constitutes another sanction for | 10485 |
| purposes of division (A)(2)(h) of this section. | 10486 |
| (C) The procedures established in rules adopted under | 10487 |
| division (B)(2) of this section shall require that all of the | 10488 |
| following be considered as part of an evaluation described in | 10489 |
| division (B)(2) of this section: | 10490 |
| (1) The community-based long-term care agency's experience | 10491 |
| and financial responsibility; | 10492 |
| (2) The agency's ability to comply with standards for the | 10493 |
| community-based long-term care services that the agency provides | 10494 |
| under a program the department administers; | 10495 |
| (3) The agency's ability to meet the needs of the individuals | 10496 |
| served; | 10497 |
| (4) Any other factor the director considers relevant. | 10498 |
| (D) The rules adopted under division (B)(3) of this section | 10499 |
| shall specify that the reasons disciplinary action may be taken | 10500 |
| under division (A)(2) of this section include good cause, | 10501 |
| including misfeasance, malfeasance, nonfeasance, confirmed abuse | 10502 |
| or neglect, financial irresponsibility, or other conduct the | 10503 |
| director determines is injurious, or poses a threat, to the health | 10504 |
| or safety of individuals being served. | 10505 |
| (E) Subject to division (F) of this section, the department | 10506 |
| is not required to hold hearings under division (A)(3) of this | 10507 |
| section if any of the following conditions apply: | 10508 |
| (1) Rules adopted by the director of aging pursuant to this | 10509 |
| chapter require the community-based long-term care agency to be a | 10510 |
| party to a provider agreement; hold a license, certificate, or | 10511 |
| permit; or maintain a certification, any of which is required or | 10512 |
| issued by a state or federal government entity other than the | 10513 |
| department of aging, and either of the following is the case: | 10514 |
| (a) The provider agreement has not been entered into or the | 10515 |
| license, certificate, permit, or certification has not been | 10516 |
| obtained or maintained. | 10517 |
| (b) The provider agreement, license, certificate, permit, or | 10518 |
| certification has been denied, revoked, not renewed, or suspended | 10519 |
| or has been otherwise restricted. | 10520 |
| (2) The agency's certification under this section has been | 10521 |
| denied, suspended, or revoked for any of the following reasons: | 10522 |
| (a) A government entity of this state, other than the | 10523 |
| department of aging, has terminated or refused to renew any of the | 10524 |
| following held by, or has denied any of the following sought by, a | 10525 |
| community-based long-term care agency: a provider agreement, | 10526 |
| license, certificate, permit, or certification. Division (E)(2)(a) | 10527 |
| of this section applies regardless of whether the agency has | 10528 |
| entered into a provider agreement in, or holds a license, | 10529 |
| certificate, permit, or certification issued by, another state. | 10530 |
| (b) The agency or a principal owner or manager of the agency | 10531 |
| who provides direct care has entered a guilty plea for, or has | 10532 |
| been convicted of, an offense materially related to the medicaid | 10533 |
| program. | 10534 |
| (c) The agency or a principal owner or manager of the agency | 10535 |
|
who provides direct care has entered a guilty plea for, | 10536 |
| convicted of, or been found eligible for intervention in lieu of | 10537 |
|
conviction for an offense listed in | 10538 |
| (A)(3)(a) to (d) of section 173.394 of the Revised Code, but only | 10539 |
| if none of the personal character standards established by the | 10540 |
| 10541 | |
|
section
| 10542 |
| (d) The United States department of health and human services | 10543 |
| has taken adverse action against the agency and that action | 10544 |
| impacts the agency's participation in the medicaid program. | 10545 |
| (e) The agency has failed to enter into or renew a provider | 10546 |
| agreement with the PASSPORT administrative agency, as that term is | 10547 |
| defined in section 173.42 of the Revised Code, that administers | 10548 |
| programs on behalf of the department of aging in the region of the | 10549 |
| state in which the agency is certified to provide services. | 10550 |
| (f) The agency has not billed or otherwise submitted a claim | 10551 |
| to the department for payment under the medicaid program in at | 10552 |
| least two years. | 10553 |
| (g) The agency denied or failed to provide the department or | 10554 |
| its designee access to the agency's facilities during the agency's | 10555 |
| normal business hours for purposes of conducting an audit or | 10556 |
| structural compliance review. | 10557 |
| (h) The agency has ceased doing business. | 10558 |
| (i) The agency has voluntarily relinquished its certification | 10559 |
| for any reason. | 10560 |
| (3) The agency's provider agreement with the department of | 10561 |
| job and family services has been suspended under division (C) of | 10562 |
| section 5111.031 of the Revised Code. | 10563 |
| (4) The agency's provider agreement with the department of | 10564 |
| job and family services is denied or revoked because the agency or | 10565 |
| its owner, officer, authorized agent, associate, manager, or | 10566 |
| employee has been convicted of an offense that caused the provider | 10567 |
| agreement to be suspended under section 5111.031 of the Revised | 10568 |
| Code. | 10569 |
| (F) If the department does not hold hearings when any | 10570 |
| condition described in division (E) of this section applies, the | 10571 |
| department may send a notice to the agency describing a decision | 10572 |
| not to certify the agency under division (A)(1) of this section or | 10573 |
| the disciplinary action the department proposes to take under | 10574 |
| division (A)(2)(e) to (h) of this section. The notice shall be | 10575 |
| sent to the agency's address that is on record with the department | 10576 |
| and may be sent by regular mail. | 10577 |
| (G) The director of aging may adopt rules in accordance with | 10578 |
| Chapter 119. of the Revised Code establishing a fee to be charged | 10579 |
| by the department of aging or its designee for certification | 10580 |
| issued under this section. | 10581 |
| All fees collected by the department or its designee under | 10582 |
| this section shall be deposited in the state treasury to the | 10583 |
| credit of the provider certification fund, which is hereby | 10584 |
| created. Money credited to the fund shall be used to pay for | 10585 |
| community-based long-term care services, administrative costs | 10586 |
| associated with community-based long-term care agency | 10587 |
| certification under this section, and administrative costs related | 10588 |
| to the publication of the Ohio long-term care consumer guide. | 10589 |
| Sec. 173.394. (A) As used in this section: | 10590 |
| (1) "Applicant" means a person who is under final | 10591 |
| consideration for employment with a community-based long-term care | 10592 |
| agency in a full-time, part-time, or temporary position that | 10593 |
| involves providing direct care to an individual or is referred to | 10594 |
| a community-based long-term care agency by an employment service | 10595 |
| for such a position. "Applicant" does not include a person who | 10596 |
| provides direct care to an individual as a volunteer without | 10597 |
| receiving or expecting to receive any form of remuneration other | 10598 |
| than reimbursement for actual expenses. | 10599 |
| (2) "Criminal records check" has the same meaning as in | 10600 |
| section 109.572 of the Revised Code. | 10601 |
| (3) "Disqualifying offense" means any of the following: | 10602 |
| (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, | 10603 |
| 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, | 10604 |
| 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, | 10605 |
| 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, | 10606 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 10607 |
| 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 10608 |
| 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, | 10609 |
| 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, | 10610 |
| 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, | 10611 |
| 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, | 10612 |
| 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, | 10613 |
| 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23, | 10614 |
| 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24, | 10615 |
| 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, | 10616 |
| 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, | 10617 |
| 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, | 10618 |
| 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, | 10619 |
| 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; | 10620 |
| (b) Felonious sexual penetration in violation of former | 10621 |
| section 2907.12 of the Revised Code; | 10622 |
| (c) A violation of section 2905.04 of the Revised Code as it | 10623 |
| existed prior to July 1, 1996; | 10624 |
| (d) A violation of section 2923.01, 2923.02, or 2923.03 of | 10625 |
| the Revised Code when the underlying offense that is the object of | 10626 |
| the conspiracy, attempt, or complicity is one of the offenses | 10627 |
| listed in divisions (A)(3)(a) to (c) of this section; | 10628 |
| (e) A violation of an existing or former municipal ordinance | 10629 |
| or law of this state, any other state, or the United States that | 10630 |
| is substantially equivalent to any of the offenses listed in | 10631 |
| divisions (A)(3)(a) to (d) of this section. | 10632 |
| (4) "Employee" means a person employed by a community-based | 10633 |
| long-term care agency in a full-time, part-time, or temporary | 10634 |
| position that involves providing direct care to an individual and | 10635 |
| a person who works in such a position due to being referred to a | 10636 |
| community-based long-term care agency by an employment service. | 10637 |
| "Employee" does not include a person who provides direct care to | 10638 |
| an individual as a volunteer without receiving or expecting to | 10639 |
| receive any form of remuneration other than reimbursement for | 10640 |
| actual expenses. | 10641 |
| (B) No community-based long-term care agency shall employ an | 10642 |
| applicant or continue to employ an employee in a position that | 10643 |
| involves providing direct care to an individual if any of the | 10644 |
| following apply: | 10645 |
| (1) A review of the databases listed in division (D) of this | 10646 |
| section reveals any of the following: | 10647 |
| (a) That the applicant or employee is included in one or more | 10648 |
| of the databases listed in divisions (D)(1) to (5) of this | 10649 |
| section; | 10650 |
| (b) That there is in the state nurse aide registry | 10651 |
| established under section 3721.32 of the Revised Code a statement | 10652 |
| detailing findings by the director of health that the applicant or | 10653 |
| employee neglected or abused a long-term care facility or | 10654 |
| residential care facility resident or misappropriated property of | 10655 |
| such a resident; | 10656 |
| (c) That the applicant or employee is included in one or more | 10657 |
| of the databases, if any, specified in rules adopted under this | 10658 |
| section and the rules prohibit the agency from employing an | 10659 |
| applicant or continuing to employ an employee included in such a | 10660 |
| database in a position that involves providing direct care to an | 10661 |
| individual. | 10662 |
| (2) After the applicant or employee is provided, pursuant to | 10663 |
| division (E)(2)(a) of this section, a copy of the form prescribed | 10664 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 10665 |
| and the standard impression sheet prescribed pursuant to division | 10666 |
| (C)(2) of that section, the applicant or employee fails to | 10667 |
| complete the form or provide the applicant's or employee's | 10668 |
| fingerprint impressions on the standard impression sheet. | 10669 |
| (3) Except as provided in rules adopted under this section, | 10670 |
| the applicant or employee is found by a criminal records check | 10671 |
| required by this section to have been convicted of, pleaded guilty | 10672 |
| to, or been found eligible for intervention in lieu of conviction | 10673 |
| for a disqualifying offense. | 10674 |
| (C) Except as provided by division (F) of this section, the | 10675 |
| chief administrator of a community-based long-term care agency | 10676 |
| shall inform each applicant of both of the following at the time | 10677 |
| of the applicant's initial application for employment or referral | 10678 |
| to the agency by an employment service for a position that | 10679 |
| involves providing direct care to an individual: | 10680 |
| (1) That a review of the databases listed in division (D) of | 10681 |
| this section will be conducted to determine whether the agency is | 10682 |
| prohibited by division (B)(1) of this section from employing the | 10683 |
| applicant in the position; | 10684 |
| (2) That, unless the database review reveals that the | 10685 |
| applicant may not be employed in the position, a criminal records | 10686 |
| check of the applicant will be conducted and the applicant is | 10687 |
| required to provide a set of the applicant's fingerprint | 10688 |
| impressions as part of the criminal records check. | 10689 |
| (D) As a condition of employing any applicant in a position | 10690 |
| that involves providing direct care to an individual, the chief | 10691 |
| administrator of a community-based long-term care agency shall | 10692 |
| conduct a database review of the applicant in accordance with | 10693 |
| rules adopted under this section. If rules adopted under this | 10694 |
| section so require, the chief administrator of a community-based | 10695 |
| long-term care agency shall conduct a database review of an | 10696 |
| employee in accordance with the rules as a condition of continuing | 10697 |
| to employ the employee in a position that involves providing | 10698 |
| direct care to an individual. However, a chief administrator is | 10699 |
| not required to conduct a database review of an applicant or | 10700 |
| employee if division (F) of this section applies. A database | 10701 |
| review shall determine whether the applicant or employee is | 10702 |
| included in any of the following: | 10703 |
| (1) The excluded parties list system maintained by the United | 10704 |
| States general services administration pursuant to subpart 9.4 of | 10705 |
| the federal acquisition regulation; | 10706 |
| (2) The list of excluded individuals and entities maintained | 10707 |
| by the office of inspector general in the United States department | 10708 |
| of health and human services pursuant to section 1128 of the | 10709 |
| "Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as | 10710 |
| amended, and section 1156 of the "Social Security Act," 96 Stat. | 10711 |
| 388 (1982), 42 U.S.C. 1320c-5, as amended; | 10712 |
| (3) The registry of MR/DD employees established under section | 10713 |
| 5123.52 of the Revised Code; | 10714 |
| (4) The internet-based sex offender and child-victim offender | 10715 |
| database established under division (A)(11) of section 2950.13 of | 10716 |
| the Revised Code; | 10717 |
| (5) The internet-based database of inmates established under | 10718 |
| section 5120.66 of the Revised Code; | 10719 |
| (6) The state nurse aide registry established under section | 10720 |
| 3721.32 of the Revised Code; | 10721 |
| (7) Any other database, if any, specified in rules adopted | 10722 |
| under this section. | 10723 |
| (E)(1) | 10724 |
| a condition of employing any applicant in a position that involves | 10725 |
| providing direct care to an individual, the chief administrator of | 10726 |
| a community-based long-term care agency shall request that the | 10727 |
| superintendent of the bureau of criminal identification and | 10728 |
|
investigation conduct a criminal records check
| 10729 |
| 10730 | |
| require, the chief administrator of a community-based long-term | 10731 |
| care agency shall request that the superintendent conduct a | 10732 |
| criminal records check of an employee at times specified in the | 10733 |
| rules as a condition of continuing to employ the employee in a | 10734 |
| position that involves providing direct care to an individual. | 10735 |
| However, the chief administrator is not required to request the | 10736 |
| criminal records check of the applicant or employee if division | 10737 |
| (F) of this section applies or the agency is prohibited by | 10738 |
| division (B)(1) of this section from employing the applicant or | 10739 |
| continuing to employ the employee in a position that involves | 10740 |
| providing direct care to an individual. If an applicant or | 10741 |
| employee for whom a criminal records check request is required | 10742 |
| 10743 | |
| been a resident of this state for the five-year period immediately | 10744 |
| prior to the date the criminal records check is requested or | 10745 |
| provide evidence that within that five-year period the | 10746 |
| superintendent has requested information about the applicant or | 10747 |
| employee from the federal bureau of investigation in a criminal | 10748 |
| records check, the chief administrator shall request that the | 10749 |
| superintendent obtain information from the federal bureau of | 10750 |
|
investigation as part of the criminal records check | 10751 |
| 10752 | |
|
records check request is required | 10753 |
| presents proof of having been a resident of this state for the | 10754 |
| five-year period, the chief administrator may request that the | 10755 |
| superintendent include information from the federal bureau of | 10756 |
| investigation in the criminal records check. | 10757 |
| (2) | 10758 |
| 10759 | |
| 10760 |
| (a) Provide to each applicant and employee for whom a | 10761 |
|
criminal records check request is required | 10762 |
| this section a copy of the form prescribed pursuant to division | 10763 |
| (C)(1) of section 109.572 of the Revised Code and a standard | 10764 |
| 10765 | |
|
(C)(2) of that section | 10766 |
| (b) Obtain the completed form and standard impression sheet | 10767 |
| from the applicant or employee; | 10768 |
| | 10769 |
|
sheet to the superintendent | 10770 |
| 10771 |
| (3) | 10772 |
| 10773 | |
| 10774 | |
| 10775 | |
| 10776 |
| | 10777 |
| 10778 | |
| 10779 | |
| 10780 | |
| 10781 | |
| 10782 |
| | 10783 |
| 10784 | |
| 10785 | |
| 10786 | |
| 10787 | |
| 10788 | |
| 10789 | |
| 10790 | |
| 10791 |
| | 10792 |
| 10793 | |
| 10794 | |
| 10795 |
| | 10796 |
| the bureau of criminal identification and investigation the fee | 10797 |
| prescribed pursuant to division (C)(3) of section 109.572 of the | 10798 |
| Revised Code for each criminal records check the agency requests | 10799 |
| under this section. An agency may charge an applicant a fee not | 10800 |
| exceeding the amount the agency pays to the bureau under this | 10801 |
| section if both of the following apply: | 10802 |
| (a) The agency notifies the applicant at the time of initial | 10803 |
| application for employment of the amount of the fee and that, | 10804 |
| unless the fee is paid, the applicant will not be considered for | 10805 |
| employment. | 10806 |
| (b) The medicaid program established under Chapter 5111. of | 10807 |
| the Revised Code does not reimburse the agency for the fee it pays | 10808 |
| to the bureau under this section. | 10809 |
| (F) Divisions (C) to (E) of this section do not apply with | 10810 |
| regard to an applicant or employee if the applicant or employee is | 10811 |
| referred to a community-based long-term agency by an employment | 10812 |
| service that supplies full-time, part-time, or temporary staff for | 10813 |
| positions that involve providing direct care to an individual and | 10814 |
| both of the following apply: | 10815 |
| (1) The chief administrator of the agency receives from the | 10816 |
| employment service confirmation that a review of the databases | 10817 |
| listed in division (D) of this section was conducted of the | 10818 |
| applicant or employee. | 10819 |
| (2) The chief administrator of the agency receives from the | 10820 |
| employment service, applicant, or employee a report of the results | 10821 |
| of a criminal records check of the applicant or employee that has | 10822 |
| been conducted by the superintendent within the one-year period | 10823 |
| immediately preceding the following: | 10824 |
| (a) In the case of an applicant, the date of the applicant's | 10825 |
| referral by the employment service to the agency; | 10826 |
| (b) In the case of an employee, the date by which the agency | 10827 |
| would otherwise have to request a criminal records check of the | 10828 |
| employee under division (E) of this section. | 10829 |
| (G)(1) A community-based long-term care agency may employ | 10830 |
| conditionally an applicant for whom a criminal records check | 10831 |
|
request is required
| 10832 |
|
obtaining the results of | 10833 |
| 10834 | |
| division (B)(1) of this section from employing the applicant in a | 10835 |
| position that involves providing direct care to an individual and | 10836 |
| either of the following applies: | 10837 |
| (a) The chief administrator of the agency | 10838 |
| requests the criminal records check | 10839 |
|
accordance with division | 10840 |
|
five business days after the | 10841 |
| conditional employment. | 10842 |
| (b) The applicant is referred to the agency by an employment | 10843 |
| service, the employment service or the applicant provides the | 10844 |
| chief administrator of the agency a letter that is on the | 10845 |
| letterhead of the employment service, the letter is dated and | 10846 |
| signed by a supervisor or another designated official of the | 10847 |
| employment service, and the letter states all of the following: | 10848 |
| (i) That the employment service has requested the | 10849 |
| superintendent to conduct a criminal records check regarding the | 10850 |
| applicant; | 10851 |
| (ii) That the requested criminal records check is to include | 10852 |
| a determination of whether the applicant has been convicted of, | 10853 |
| pleaded guilty to, or been found eligible for intervention in lieu | 10854 |
| of conviction for a disqualifying offense; | 10855 |
| (iii) That the employment service has not received the | 10856 |
| results of the criminal records check as of the date set forth on | 10857 |
| the letter; | 10858 |
| (iv) That the employment service promptly will send a copy of | 10859 |
| the results of the criminal records check to the chief | 10860 |
| administrator of the agency when the employment service receives | 10861 |
|
the results.
| 10862 |
| 10863 | |
| 10864 | |
| 10865 | |
| 10866 | |
| 10867 | |
| 10868 |
| | 10869 |
| applicant conditionally pursuant to division (G)(1)(b) of this | 10870 |
| section, the employment service, on its receipt of the results of | 10871 |
| the criminal records check, promptly shall send a copy of the | 10872 |
| results to the chief administrator of the agency. | 10873 |
| (3) A community-based long-term care agency that employs an | 10874 |
| 10875 | |
|
division
| 10876 |
|
the | 10877 |
|
criminal records check | 10878 |
| 10879 | |
| results of any request for information from the federal bureau of | 10880 |
| investigation, are not obtained within the period ending sixty | 10881 |
| days after the date the request for the criminal records check is | 10882 |
| made. Regardless of when the results of the criminal records check | 10883 |
|
are obtained, if the results indicate that the
| 10884 |
| applicant has been convicted of | 10885 |
| 10886 | |
| or been found eligible for intervention in lieu of conviction for | 10887 |
| a disqualifying offense, the agency shall terminate the | 10888 |
| 10889 | |
| specified in rules adopted under this section that permit the | 10890 |
| agency to employ the applicant exist and the agency chooses to | 10891 |
|
employ the | 10892 |
| applicant. Termination of employment under this division shall be | 10893 |
| considered just cause for discharge for purposes of division | 10894 |
|
(D)(2) of section 4141.29 of the Revised Code if the | 10895 |
| applicant makes any attempt to deceive the agency about the | 10896 |
| 10897 |
| | 10898 |
| 10899 | |
| 10900 | |
| 10901 | |
| 10902 |
| | 10903 |
| 10904 | |
| 10905 | |
| 10906 |
| | 10907 |
| 10908 | |
| 10909 | |
| 10910 |
| | 10911 |
| 10912 | |
| 10913 |
| | 10914 |
| pursuant to a request made under this section is not a public | 10915 |
| record for the purposes of section 149.43 of the Revised Code and | 10916 |
| shall not be made available to any person other than the | 10917 |
| following: | 10918 |
| (1) The | 10919 |
|
of the criminal records check or the
| 10920 |
| employee's representative; | 10921 |
| (2) The chief administrator of the community-based long-term | 10922 |
| care agency requesting the criminal records check or the | 10923 |
| administrator's representative; | 10924 |
| (3) The administrator of any other facility, agency, or | 10925 |
| program that provides direct care to individuals that is owned or | 10926 |
| operated by the same entity that owns or operates the | 10927 |
| community-based long-term care agency that requested the criminal | 10928 |
| records check; | 10929 |
| (4) The employment service that requested the criminal | 10930 |
| records check; | 10931 |
| (5) The director of aging or a person authorized by the | 10932 |
| director to monitor a community-based long-term care agency's | 10933 |
| compliance with this section; | 10934 |
| | 10935 |
|
individual involved in a case dealing with | 10936 |
| (a) A denial of employment of the applicant or | 10937 |
| 10938 |
| (b) Employment or unemployment benefits of the applicant or | 10939 |
| employee; | 10940 |
| | 10941 |
| 10942 | |
| A civil or criminal action regarding the medicaid program or a | 10943 |
| program the department of aging administers. | 10944 |
| | 10945 |
| 10946 | |
| 10947 | |
| 10948 | |
| 10949 | |
| 10950 | |
| 10951 |
| | 10952 |
| 10953 | |
| 10954 | |
| 10955 | |
| 10956 | |
| 10957 | |
| 10958 |
| | 10959 |
| brought as the result of an injury, death, or loss to person or | 10960 |
|
property caused by an | 10961 |
| community-based long-term care agency employs in a position that | 10962 |
| involves providing direct care to individuals, all of the | 10963 |
| following shall apply: | 10964 |
| (1) If the agency employed the | 10965 |
| employee in good faith and reasonable reliance on the report of a | 10966 |
| criminal records check requested under this section, the agency | 10967 |
| shall not be found negligent solely because of its reliance on the | 10968 |
| report, even if the information in the report is determined later | 10969 |
|
to have been incomplete or inaccurate | 10970 |
| (2) If the agency employed the | 10971 |
|
faith on a conditional basis pursuant to division
| 10972 |
| this section, the agency shall not be found negligent solely | 10973 |
|
because it employed the | 10974 |
| the report of a criminal records check requested under this | 10975 |
|
section | 10976 |
| (3) If the agency in good faith employed the | 10977 |
| applicant or employee according to the personal character | 10978 |
|
standards established in rules adopted under | 10979 |
| section, the agency shall not be found negligent solely because | 10980 |
|
the | 10981 |
|
has been convicted of | 10982 |
| 10983 | |
| eligible for intervention in lieu of conviction for a | 10984 |
| disqualifying offense. | 10985 |
| | 10986 |
| 10987 | |
| 10988 | |
| 10989 | |
| 10990 | |
| 10991 | |
| 10992 |
| | 10993 |
| 10994 | |
| 10995 | |
| 10996 | |
| 10997 |
| | 10998 |
| 10999 | |
| 11000 | |
| 11001 | |
| 11002 | |
| 11003 | |
| 11004 |
| | 11005 |
| 11006 | |
| 11007 | |
| 11008 | |
| 11009 | |
| 11010 | |
| 11011 | |
| 11012 | |
| 11013 | |
| 11014 | |
| 11015 | |
| 11016 | |
| 11017 | |
| 11018 | |
| 11019 | |
| 11020 | |
| 11021 | |
| 11022 | |
| 11023 | |
| 11024 | |
| 11025 | |
| 11026 | |
| 11027 | |
| 11028 | |
| 11029 | |
| 11030 | |
| 11031 | |
| 11032 | |
| 11033 |
| (J) The director of aging shall adopt rules in accordance | 11034 |
| with Chapter 119. of the Revised Code to implement this section. | 11035 |
| (1) The rules may do the following: | 11036 |
| (a) Require employees to undergo database reviews and | 11037 |
| criminal records checks under this section; | 11038 |
| (b) If the rules require employees to undergo database | 11039 |
| reviews and criminal records checks under this section, exempt one | 11040 |
| or more classes of employees from the requirements; | 11041 |
| (c) For the purpose of division (D)(7) of this section, | 11042 |
| specify other databases that are to be checked as part of a | 11043 |
| database review conducted under this section. | 11044 |
| (2) The rules shall specify all of the following: | 11045 |
| (a) The procedures for conducting database reviews under this | 11046 |
| section; | 11047 |
| (b) If the rules require employees to undergo database | 11048 |
| reviews and criminal records checks under this section, the times | 11049 |
| at which the database reviews and criminal records checks are to | 11050 |
| be conducted; | 11051 |
| (c) If the rules specify other databases to be checked as | 11052 |
| part of the database reviews, the circumstances under which a | 11053 |
| community-based long-term care agency is prohibited from employing | 11054 |
| an applicant or continuing to employ an employee who is found by a | 11055 |
| database review to be included in one or more of those databases; | 11056 |
| (d) Circumstances under which a community-based long-term | 11057 |
| care agency may employ an applicant or employee who is found by a | 11058 |
| criminal records check required by this section to have been | 11059 |
| convicted of, pleaded guilty to, or been found eligible for | 11060 |
| intervention in lieu of conviction for a disqualifying offense but | 11061 |
| meets personal character standards. | 11062 |
| Sec. 173.40. (A) As used in sections 173.40 to 173.402 of | 11063 |
| the Revised Code: | 11064 |
| "Medicaid waiver component" has the same meaning as in | 11065 |
| section 5111.85 of the Revised Code. | 11066 |
| "PASSPORT program" means the program created under this | 11067 |
| section. | 11068 |
| "PASSPORT waiver" means the federal medicaid waiver granted | 11069 |
| by the United States secretary of health and human services that | 11070 |
| authorizes the medicaid-funded component of the PASSPORT program. | 11071 |
| "Unified long-term services and support medicaid waiver | 11072 |
| component" means the medicaid waiver component authorized by | 11073 |
| section 5111.864 of the Revised Code. | 11074 |
| (B) There is hereby created the preadmission screening system | 11075 |
| providing options and resources today program, or PASSPORT. The | 11076 |
| PASSPORT program shall provide home and community-based services | 11077 |
| as an alternative to nursing facility placement for individuals | 11078 |
| who are aged and disabled and meet the program's applicable | 11079 |
| eligibility requirements. Subject to division (C) of this section, | 11080 |
| the program shall have a medicaid-funded component and a | 11081 |
| state-funded component. | 11082 |
| (C)(1) Unless the medicaid-funded component of the PASSPORT | 11083 |
| program is terminated under division (C)(2) of this section, all | 11084 |
| of the following apply: | 11085 |
| (a) The department of aging shall administer the | 11086 |
| medicaid-funded component through a contract entered into with the | 11087 |
| department of job and family services under section 5111.91 of the | 11088 |
| Revised Code. | 11089 |
| (b) The medicaid-funded component shall be operated as a | 11090 |
| separate medicaid waiver component. | 11091 |
| (c) For an individual to be eligible for the medicaid-funded | 11092 |
| component, the individual must be a medicaid recipient and meet | 11093 |
| the additional eligibility requirements applicable to the | 11094 |
| individual established in rules adopted under division (C)(1)(d) | 11095 |
| of this section. | 11096 |
| (d) The director of job and family services shall adopt rules | 11097 |
| under section 5111.85 of the Revised Code and the director of | 11098 |
| aging shall adopt rules in accordance with Chapter 119. of the | 11099 |
| Revised Code to implement the medicaid-funded component. | 11100 |
| (2) If the unified long-term services and support medicaid | 11101 |
| waiver component is created, the departments of aging and job and | 11102 |
| family services shall work together to determine whether the | 11103 |
| medicaid-funded component of the PASSPORT program should continue | 11104 |
| to operate as a separate medicaid waiver component or be | 11105 |
| terminated. If the departments determine that the medicaid-funded | 11106 |
| component of the PASSPORT program should be terminated, the | 11107 |
| medicaid-funded component shall cease to exist on a date the | 11108 |
| departments shall specify. | 11109 |
| (D)(1) The department of aging shall administer the | 11110 |
| state-funded component of the PASSPORT program. The state-funded | 11111 |
| component shall not be administered as part of the medicaid | 11112 |
| program. | 11113 |
| (2) For an individual to be eligible for the state-funded | 11114 |
| component, the individual must meet one of the following | 11115 |
| requirements and meet the additional eligibility requirements | 11116 |
| applicable to the individual established in rules adopted under | 11117 |
| division (D)(4) of this section: | 11118 |
| (a) The individual must have been enrolled in the | 11119 |
| state-funded component on September 1, 1991, (as the state-funded | 11120 |
| component was authorized by uncodified law in effect at that time) | 11121 |
| and have had one or more applications for enrollment in the | 11122 |
| medicaid-funded component (or, if the medicaid-funded component is | 11123 |
| terminated under division (C)(2) of this section, the unified | 11124 |
| long-term services and support medicaid waiver component) denied. | 11125 |
| (b) The individual must have had the individual's enrollment | 11126 |
| in the medicaid-funded component (or, if the medicaid-funded | 11127 |
| component is terminated under division (C)(2) of this section, the | 11128 |
| unified long-term services and support medicaid waiver component) | 11129 |
| terminated and the individual must still need the home and | 11130 |
| community-based services provided under the PASSPORT program to | 11131 |
| protect the individual's health and safety. | 11132 |
| (c) The individual must have an application for the | 11133 |
| medicaid-funded component (or, if the medicaid-funded component is | 11134 |
| terminated under division (C)(2) of this section, the unified | 11135 |
| long-term services and support medicaid waiver component) pending | 11136 |
| and the department or the department's designee must have | 11137 |
| determined that the individual meets the nonfinancial eligibility | 11138 |
| requirements of the medicaid-funded component (or, if the | 11139 |
| medicaid-funded component is terminated under division (C)(2) of | 11140 |
| this section, the unified long-term services and support medicaid | 11141 |
| waiver component) and not have reason to doubt that the individual | 11142 |
| meets the financial eligibility requirements of the | 11143 |
| medicaid-funded component (or, if the medicaid-funded component is | 11144 |
| terminated under division (C)(2) of this section, the unified | 11145 |
| long-term services and support medicaid waiver component). | 11146 |
| (3) An individual who is eligible for the state-funded | 11147 |
| component because the individual meets the requirement of division | 11148 |
| (D)(2)(c) of this section may participate in the component on that | 11149 |
|
basis for not more than | 11150 |
| (4) The director of aging shall adopt rules in accordance | 11151 |
| with section 111.15 of the Revised Code to implement the | 11152 |
| state-funded component. The additional eligibility requirements | 11153 |
| established in the rules may vary for the different groups of | 11154 |
| individuals specified in divisions (D)(2)(a), (b), and (c) of this | 11155 |
| section. | 11156 |
| Sec. 173.42. (A) As used in sections 173.42 to 173.434 of | 11157 |
| the Revised Code: | 11158 |
| (1) "Area agency on aging" means a public or private | 11159 |
| nonprofit entity designated under section 173.011 of the Revised | 11160 |
| Code to administer programs on behalf of the department of aging. | 11161 |
| (2) "Department of aging-administered medicaid waiver | 11162 |
| component" means each of the following: | 11163 |
| (a) The medicaid-funded component of the PASSPORT program | 11164 |
| created under section 173.40 of the Revised Code; | 11165 |
| (b) The choices program created under section 173.403 of the | 11166 |
| Revised Code; | 11167 |
| (c) The medicaid-funded component of the assisted living | 11168 |
| program created under section 5111.89 of the Revised Code; | 11169 |
| (d) Any other medicaid waiver component, as defined in | 11170 |
| section 5111.85 of the Revised Code, that the department of aging | 11171 |
| administers pursuant to an interagency agreement with the | 11172 |
| department of job and family services under section 5111.91 of the | 11173 |
| Revised Code. | 11174 |
| (3) "Home and community-based services covered by medicaid | 11175 |
| components the department of aging administers" means all of the | 11176 |
| following: | 11177 |
| (a) Medicaid waiver services available to a participant in a | 11178 |
| department of aging-administered medicaid waiver component; | 11179 |
| (b) The following medicaid state plan services available to a | 11180 |
| participant in a department of aging-administered medicaid waiver | 11181 |
| component as specified in rules adopted under section 5111.02 of | 11182 |
| the Revised Code: | 11183 |
| (i) Home health services; | 11184 |
| (ii) Private duty nursing services; | 11185 |
| (iii) Durable medical equipment; | 11186 |
| (iv) Services of a clinical nurse specialist; | 11187 |
| (v) Services of a certified nurse practitioner. | 11188 |
| (c) Services available to a participant of the PACE program. | 11189 |
| (4) "Long-term care consultation" or "consultation" means the | 11190 |
| consultation service made available by the department of aging or | 11191 |
| a program administrator through the long-term care consultation | 11192 |
| program established pursuant to this section. | 11193 |
| (5) "Medicaid" means the medical assistance program | 11194 |
| established under Chapter 5111. of the Revised Code. | 11195 |
| (6) "Nursing facility" has the same meaning as in section | 11196 |
| 5111.20 of the Revised Code. | 11197 |
| (7) "PACE program" means the component of the medicaid | 11198 |
| program the department of aging administers pursuant to section | 11199 |
| 173.50 of the Revised Code. | 11200 |
| (8) "PASSPORT administrative agency" means an entity under | 11201 |
| contract with the department of aging to provide administrative | 11202 |
| services regarding the PASSPORT program. | 11203 |
| (9) "Program administrator" means an area agency on aging or | 11204 |
| other entity under contract with the department of aging to | 11205 |
| administer the long-term care consultation program in a geographic | 11206 |
| region specified in the contract. | 11207 |
| (10) "Representative" means a person acting on behalf of an | 11208 |
| individual specified in division (G) of this section. A | 11209 |
| representative may be a family member, attorney, hospital social | 11210 |
| worker, or any other person chosen to act on behalf of the | 11211 |
| individual. | 11212 |
| (B) The department of aging shall develop a long-term care | 11213 |
| consultation program whereby individuals or their representatives | 11214 |
| are provided with long-term care consultations and receive through | 11215 |
| these professional consultations information about options | 11216 |
| available to meet long-term care needs and information about | 11217 |
| factors to consider in making long-term care decisions. The | 11218 |
| long-term care consultations provided under the program may be | 11219 |
| provided at any appropriate time, as permitted or required under | 11220 |
| this section and the rules adopted under it, including either | 11221 |
| prior to or after the individual who is the subject of a | 11222 |
| consultation has been admitted to a nursing facility or granted | 11223 |
| assistance in receiving home and community-based services covered | 11224 |
| by medicaid components the department of aging administers. | 11225 |
| (C) The long-term care consultation program shall be | 11226 |
| administered by the department of aging, except that the | 11227 |
| department may have the program administered on a regional basis | 11228 |
| by one or more program administrators. The department and each | 11229 |
| program administrator shall administer the program in such a | 11230 |
| manner that all of the following are included: | 11231 |
| (1) Coordination and collaboration with respect to all | 11232 |
| available funding sources for long-term care services; | 11233 |
| (2) Assessments of individuals regarding their long-term care | 11234 |
| service needs; | 11235 |
| (3) Assessments of individuals regarding their on-going | 11236 |
| eligibility for long-term care services; | 11237 |
| (4) Procedures for assisting individuals in obtaining access | 11238 |
| to, and coordination of, health and supportive services, including | 11239 |
| department of aging-administered medicaid waiver components; | 11240 |
| (5) Priorities for using available resources efficiently and | 11241 |
| effectively. | 11242 |
| (D) The program's long-term care consultations shall be | 11243 |
| provided by individuals certified by the department under section | 11244 |
| 173.422 of the Revised Code. | 11245 |
| (E) The information provided through a long-term care | 11246 |
| consultation shall be appropriate to the individual's needs and | 11247 |
| situation and shall address all of the following: | 11248 |
| (1) The availability of any long-term care options open to | 11249 |
| the individual; | 11250 |
| (2) Sources and methods of both public and private payment | 11251 |
| for long-term care services; | 11252 |
| (3) Factors to consider when choosing among the available | 11253 |
| programs, services, and benefits; | 11254 |
| (4) Opportunities and methods for maximizing independence and | 11255 |
| self-reliance, including support services provided by the | 11256 |
| individual's family, friends, and community. | 11257 |
| (F) An individual's long-term care consultation may include | 11258 |
| an assessment of the individual's functional capabilities. The | 11259 |
| consultation may incorporate portions of the determinations | 11260 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 11261 |
| Revised Code and may be provided concurrently with the assessment | 11262 |
| required under section 5111.204 of the Revised Code. | 11263 |
| (G)(1) Unless an exemption specified in division (I) of this | 11264 |
| section is applicable, each of the following shall be provided | 11265 |
| with a long-term care consultation: | 11266 |
| (a) An individual who applies or indicates an intention to | 11267 |
| apply for admission to a nursing facility, regardless of the | 11268 |
| source of payment to be used for the individual's care in a | 11269 |
| nursing facility; | 11270 |
| (b) An individual who requests a long-term care consultation; | 11271 |
| (c) An individual identified by the department or a program | 11272 |
| administrator as being likely to benefit from a long-term care | 11273 |
| consultation. | 11274 |
| (2) In addition to the individuals specified in division | 11275 |
| (G)(1) of this section, a long-term care consultation may be | 11276 |
| provided to a nursing facility resident regardless of the source | 11277 |
| of payment being used for the resident's care in the nursing | 11278 |
| facility. | 11279 |
| (H)(1) Except as provided in division (H)(2) or (3) of this | 11280 |
| section, a long-term care consultation provided pursuant to | 11281 |
| division (G) of this section shall be provided as follows: | 11282 |
| (a) If the individual for whom the consultation is being | 11283 |
| provided has applied for medicaid and the consultation is being | 11284 |
| provided concurrently with the assessment required under section | 11285 |
| 5111.204 of the Revised Code, the consultation shall be completed | 11286 |
| in accordance with the applicable time frames specified in that | 11287 |
| section for providing a level of care determination based on the | 11288 |
| assessment. | 11289 |
| (b) In all other cases, the consultation shall be provided | 11290 |
| not later than five calendar days after the department or program | 11291 |
| administrator receives notice of the reason for which the | 11292 |
| consultation is to be provided pursuant to division (G) of this | 11293 |
| section. | 11294 |
| (2) An individual or the individual's representative may | 11295 |
| request that a long-term care consultation be provided on a date | 11296 |
| that is later than the date required under division (H)(1)(a) or | 11297 |
| (b) of this section. | 11298 |
| (3) If a long-term care consultation cannot be completed | 11299 |
| within the number of days required by division (H)(1) or (2) of | 11300 |
| this section, the department or program administrator may do any | 11301 |
| of the following: | 11302 |
| (a) In the case of an individual specified in division (G)(1) | 11303 |
| of this section, exempt the individual from the consultation | 11304 |
| pursuant to rules that may be adopted under division (L) of this | 11305 |
| section; | 11306 |
| (b) In the case of an applicant for admission to a nursing | 11307 |
| facility, provide the consultation after the individual is | 11308 |
| admitted to the nursing facility; | 11309 |
| (c) In the case of a resident of a nursing facility, provide | 11310 |
| the consultation as soon as practicable. | 11311 |
| (I) An individual is not required to be provided a long-term | 11312 |
| care consultation under division (G)(1) of this section if any of | 11313 |
| the following apply: | 11314 |
| (1) The department or program administrator has attempted to | 11315 |
| provide the consultation, but the individual or the individual's | 11316 |
| representative refuses to cooperate; | 11317 |
| (2) The individual is to receive care in a nursing facility | 11318 |
| under a contract for continuing care as defined in section 173.13 | 11319 |
| of the Revised Code; | 11320 |
| (3) The individual has a contractual right to admission to a | 11321 |
| nursing facility operated as part of a system of continuing care | 11322 |
| in conjunction with one or more facilities that provide a less | 11323 |
| intensive level of services, including a residential care facility | 11324 |
|
licensed under Chapter 3721. of the Revised Code, | 11325 |
|
residential facility licensed under | 11326 |
| section 5119.22 of the Revised Code that provides accommodations, | 11327 |
| supervision, and personal care services for three to sixteen | 11328 |
| unrelated adults, or an independent living arrangement; | 11329 |
| (4) The individual is to receive continual care in a home for | 11330 |
| the aged exempt from taxation under section 5701.13 of the Revised | 11331 |
| Code; | 11332 |
| (5) The individual is seeking admission to a facility that is | 11333 |
| not a nursing facility with a provider agreement under section | 11334 |
| 5111.22, 5111.671, or 5111.672 of the Revised Code; | 11335 |
| (6) The individual is exempted from the long-term care | 11336 |
| consultation requirement by the department or the program | 11337 |
| administrator pursuant to rules that may be adopted under division | 11338 |
| (L) of this section. | 11339 |
| (J) As part of the long-term care consultation program, the | 11340 |
| department or program administrator shall assist an individual or | 11341 |
| individual's representative in accessing all sources of care and | 11342 |
| services that are appropriate for the individual and for which the | 11343 |
| individual is eligible, including all available home and | 11344 |
| community-based services covered by medicaid components the | 11345 |
| department of aging administers. The assistance shall include | 11346 |
| providing for the conduct of assessments or other evaluations and | 11347 |
| the development of individualized plans of care or services under | 11348 |
| section 173.424 of the Revised Code. | 11349 |
| (K) No nursing facility for which an operator has a provider | 11350 |
| agreement under section 5111.22, 5111.671, or 5111.672 of the | 11351 |
| Revised Code shall admit any individual as a resident, unless the | 11352 |
| nursing facility has received evidence that a long-term care | 11353 |
| consultation has been completed for the individual or division (I) | 11354 |
| of this section is applicable to the individual. | 11355 |
| (L) The director of aging may adopt any rules the director | 11356 |
| considers necessary for the implementation and administration of | 11357 |
| this section. The rules shall be adopted in accordance with | 11358 |
| Chapter 119. of the Revised Code and may specify any or all of the | 11359 |
| following: | 11360 |
| (1) Procedures for providing long-term care consultations | 11361 |
| pursuant to this section; | 11362 |
| (2) Information to be provided through long-term care | 11363 |
| consultations regarding long-term care services that are | 11364 |
| available; | 11365 |
| (3) Criteria and procedures to be used to identify and | 11366 |
| recommend appropriate service options for an individual receiving | 11367 |
| a long-term care consultation; | 11368 |
| (4) Criteria for exempting individuals from the long-term | 11369 |
| care consultation requirement; | 11370 |
| (5) Circumstances under which it may be appropriate to | 11371 |
| provide an individual's long-term care consultation after the | 11372 |
| individual's admission to a nursing facility rather than before | 11373 |
| admission; | 11374 |
| (6) Criteria for identifying nursing facility residents who | 11375 |
| would benefit from the provision of a long-term care consultation; | 11376 |
| (7) A description of the types of information from a nursing | 11377 |
| facility that is needed under the long-term care consultation | 11378 |
| program to assist a resident with relocation from the facility; | 11379 |
| (8) Standards to prevent conflicts of interest relative to | 11380 |
| the referrals made by a person who performs a long-term care | 11381 |
| consultation, including standards that prohibit the person from | 11382 |
| being employed by a provider of long-term care services; | 11383 |
| (9) Procedures for providing notice and an opportunity for a | 11384 |
| hearing under division (N) of this section. | 11385 |
| (M) To assist the department and each program administrator | 11386 |
| with identifying individuals who are likely to benefit from a | 11387 |
| long-term care consultation, the department and program | 11388 |
| administrator may ask to be given access to nursing facility | 11389 |
| resident assessment data collected through the use of the resident | 11390 |
| assessment instrument specified in rules adopted under section | 11391 |
| 5111.02 of the Revised Code for purposes of the medicaid program. | 11392 |
| Except when prohibited by state or federal law, the department of | 11393 |
| health, department of job and family services, or nursing facility | 11394 |
| holding the data shall grant access to the data on receipt of the | 11395 |
| request from the department of aging or program administrator. | 11396 |
| (N)(1) The director of aging, after providing notice and an | 11397 |
| opportunity for a hearing, may fine a nursing facility an amount | 11398 |
| determined by rules the director shall adopt in accordance with | 11399 |
| Chapter 119. of the Revised Code for any of the following reasons: | 11400 |
| (a) The nursing facility admits an individual, without | 11401 |
| evidence that a long-term care consultation has been provided, as | 11402 |
| required by this section; | 11403 |
| (b) The nursing facility denies a person attempting to | 11404 |
| provide a long-term care consultation access to the facility or a | 11405 |
| resident of the facility; | 11406 |
| (c) The nursing facility denies the department of aging or | 11407 |
| program administrator access to the facility or a resident of the | 11408 |
| facility, as the department or administrator considers necessary | 11409 |
| to administer the program. | 11410 |
| (2) In accordance with section 5111.62 of the Revised Code, | 11411 |
| all fines collected under division (N)(1) of this section shall be | 11412 |
| deposited into the state treasury to the credit of the residents | 11413 |
| protection fund. | 11414 |
| Sec. 173.45. As used in this section and in sections 173.46 | 11415 |
| to 173.49 of the Revised Code: | 11416 |
| (A) " | 11417 |
| 11418 | |
| 5119.22 of the Revised Code that provides accommodations, | 11419 |
| supervision, and personal care services for three to sixteen | 11420 |
| unrelated adults. | 11421 |
| (B) "Community-based long-term care services" has the same | 11422 |
| meaning as in section 173.14 of the Revised Code. | 11423 |
| (C) "Long-term care facility" means a nursing home or | 11424 |
| residential care facility. | 11425 |
| (D) "Nursing home" and "residential care facility" have the | 11426 |
| same meanings as in section 3721.01 of the Revised Code. | 11427 |
| (E) "Nursing facility" has the same meaning as in section | 11428 |
| 5111.20 of the Revised Code. | 11429 |
| Sec. 173.46. (A) The department of aging shall develop and | 11430 |
| publish a guide to long-term care facilities for use by | 11431 |
| individuals considering long-term care facility admission and | 11432 |
| their families, friends, and advisors. The guide, which shall be | 11433 |
| titled the Ohio long-term care consumer guide, may be published in | 11434 |
| printed form or in electronic form for distribution over the | 11435 |
| internet. The guide may be developed as a continuation or | 11436 |
| modification of the guide published by the department prior to | 11437 |
| September 29, 2005, under rules adopted under section 173.02 of | 11438 |
| the Revised Code. | 11439 |
| (B) The Ohio long-term care consumer guide shall include | 11440 |
| information on each long-term care facility in this state. For | 11441 |
| each facility, the guide shall include the following information, | 11442 |
| as applicable to the facility: | 11443 |
| (1) Information regarding the facility's compliance with | 11444 |
| state statutes and rules and federal statutes and regulations; | 11445 |
| (2) Information generated by the centers for medicare and | 11446 |
| medicaid services of the United States department of health and | 11447 |
| human services from the quality measures developed as part of its | 11448 |
| nursing home quality initiative; | 11449 |
| (3) Results of the customer satisfaction surveys conducted | 11450 |
| under section 173.47 of the Revised Code; | 11451 |
| (4) Any other information the department specifies in rules | 11452 |
| adopted under section 173.49 of the Revised Code. | 11453 |
| (C) The Ohio long-term care consumer guide may include | 11454 |
|
information on | 11455 |
| community-based long-term care services. The department may adopt | 11456 |
| rules under section 173.49 of the Revised Code to specify the | 11457 |
| information to be included in the guide pursuant to this division. | 11458 |
| Sec. 184.02. (A) In addition to the powers and duties under | 11459 |
| sections 121.22, 122.15 to 122.154, 122.28, 122.30 to 122.36, | 11460 |
| 184.10 to 184.20, and 184.37 of the Revised Code, the third | 11461 |
| frontier commission may perform any act to ensure the performance | 11462 |
| of any function necessary or appropriate to carry out the purposes | 11463 |
| of, and exercise the powers granted under, sections 184.01 and | 11464 |
| 184.02 of the Revised Code. In addition, the commission may do any | 11465 |
| of the following: | 11466 |
| (1) Adopt, amend, and rescind rules under section 111.15 of | 11467 |
| the Revised Code for the administration of any aspect of its | 11468 |
| operations; | 11469 |
| (2) Adopt bylaws governing its operations, including bylaws | 11470 |
| that establish procedures and set policies as may be necessary to | 11471 |
| assist with the furtherance of its purposes; | 11472 |
| (3) Appoint and set the compensation of employees needed to | 11473 |
| carry out its duties; | 11474 |
| (4) Contract with, retain the services of, or designate, and | 11475 |
| fix the compensation of, such financial consultants, accountants, | 11476 |
| other consultants and advisors, and other independent contractors | 11477 |
| as may be necessary or desirable to carry out its duties; | 11478 |
| (5) Solicit input and comments from the third frontier | 11479 |
| advisory board, and specialized industry, professional, and other | 11480 |
| relevant interest groups concerning its purposes; | 11481 |
| (6) Facilitate alignment of the state's science and | 11482 |
| technology programs and activities; | 11483 |
| (7) Make grants and loans to individuals, public agencies, | 11484 |
| private companies or organizations, or joint ventures for any of | 11485 |
| the broad range of activities related to its purposes. | 11486 |
| (B) In addition to the powers and duties under sections | 11487 |
| 184.10 to 184.20 and 184.37 of the Revised Code, the commission | 11488 |
| shall do all of the following: | 11489 |
| (1) Establish a competitive process for the award of grants | 11490 |
| and loans that is designed to fund the most meritorious proposals | 11491 |
| and, when appropriate, provide for peer review of proposals; | 11492 |
| (2) Within ninety days after the end of each fiscal year, | 11493 |
| submit to the governor and the general assembly a report of the | 11494 |
| activities of the commission during the preceding fiscal year; | 11495 |
| (3) With specific application to the biomedical research and | 11496 |
| technology transfer trust fund, periodically make strategic | 11497 |
| assessments of the types of state investments in biomedical | 11498 |
| research and biotechnology in the state that would likely create | 11499 |
| jobs and business opportunities in the state and produce the most | 11500 |
| beneficial long-term improvements to the public health of Ohioans, | 11501 |
| including, but not limited to, biomedical research and | 11502 |
| biotechnology initiatives that address tobacco-related illnesses | 11503 |
| as may be outlined in any master agreement. The commission shall | 11504 |
| award grants and loans from the fund pursuant to a process | 11505 |
| established under division (B)(1) of this section. | 11506 |
| Sec. 191.01. As used in this chapter: | 11507 |
| (A) "Business associate," "covered entity," "health plan," | 11508 |
| "individually identifiable health information," and "protected | 11509 |
| health information" have the same meanings as in 45 C.F.R. | 11510 |
| 160.103. | 11511 |
| (B) "Executive director of the office of health | 11512 |
| transformation" or "executive director" means the executive | 11513 |
| director of the office of health transformation or the chief | 11514 |
| administrative officer of a successor governmental entity | 11515 |
| responsible for health system oversight in this state. | 11516 |
| (C) "Government program providing public benefits" means any | 11517 |
| program administered by a state agency that has been identified, | 11518 |
| pursuant to section 191.02 of the Revised Code, by the executive | 11519 |
| director of the office of health transformation in consultation | 11520 |
| with the individuals specified in that section. | 11521 |
| (D) "Office of health transformation" means the office of | 11522 |
| health transformation created by executive order 2011-02K. | 11523 |
| (E) "Operating protocol" means a protocol adopted by the | 11524 |
| executive director of the office of health transformation or the | 11525 |
| executive director's designee under division (D) of section 191.06 | 11526 |
| of the Revised Code. | 11527 |
| (F) "Participating agency" means a state agency that | 11528 |
| participates in a health transformation initiative as specified in | 11529 |
| the one or more operating protocols adopted for the initiative | 11530 |
| under division (D) of section 191.06 of the Revised Code. | 11531 |
| (G) "Personally identifiable information" means information | 11532 |
| that meets both of the following criteria: | 11533 |
| (1) It identifies an individual or there is a reasonable | 11534 |
| basis to believe that it may be used to identify an individual; | 11535 |
| (2) It relates to an individual's eligibility for, | 11536 |
| application for, or receipt of public benefits from a government | 11537 |
| program providing public benefits. | 11538 |
| (H) "State agency" means each of the following: | 11539 |
| (1) The department of aging; | 11540 |
| (2) The department of alcohol and drug addiction services; | 11541 |
| (3) The department of development; | 11542 |
| (4) The department of developmental disabilities; | 11543 |
| (5) The department of education; | 11544 |
| (6) The department of health; | 11545 |
| (7) The department of insurance; | 11546 |
| (8) The department of job and family services; | 11547 |
| (9) The department of mental health; | 11548 |
| (10) The department of rehabilitation and correction; | 11549 |
| (11) The department of taxation; | 11550 |
| (12) The department of veterans services; | 11551 |
| (13) The department of youth services. | 11552 |
| (I) "Unsecured" has the same meaning as in 16 C.F.R. 318.2. | 11553 |
| Sec. 191.02. The executive director of the office of health | 11554 |
| transformation, in consultation with all of the following | 11555 |
| individuals, shall identify each government program administered | 11556 |
| by a state agency that is to be considered a government program | 11557 |
| providing public benefits for purposes of section 191.04 of the | 11558 |
| Revised Code: | 11559 |
| (A) The director of aging; | 11560 |
| (B) The director of alcohol and drug addiction services; | 11561 |
| (C) The director of development; | 11562 |
| (D) The director of developmental disabilities; | 11563 |
| (E) The director of health; | 11564 |
| (F) The director job and family services; | 11565 |
| (G) The director of mental health; | 11566 |
| (H) The director of rehabilitation and correction; | 11567 |
| (I) The director of veterans services; | 11568 |
| (J) The director of youth services; | 11569 |
| (K) The administrator of the rehabilitation services | 11570 |
| commission; | 11571 |
| (L) The administrator of workers' compensation; | 11572 |
| (M) The superintendent of insurance; | 11573 |
| (N) The superintendent of public instruction; | 11574 |
| (O) The tax commissioner. | 11575 |
| Sec. 191.04. (A) In accordance with federal laws governing | 11576 |
| the confidentiality of individually identifiable health | 11577 |
| information, including the "Health Insurance Portability and | 11578 |
| Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021, | 11579 |
| 42 U.S.C. 1320d et seq., as amended, and regulations promulgated | 11580 |
| by the United States department of health and human services to | 11581 |
| implement the act, a state agency may exchange protected health | 11582 |
| information with another state agency relating to eligibility for | 11583 |
| or enrollment in a health plan or relating to participation in a | 11584 |
| government program providing public benefits if the exchange of | 11585 |
| information is necessary for either or both of the following: | 11586 |
| (1) Operating a health plan; | 11587 |
| (2) Coordinating, or improving the administration or | 11588 |
| management of, the health care-related functions of at least one | 11589 |
| government program providing public benefits. | 11590 |
| (B) For fiscal year 2013 only, a state agency also may | 11591 |
| exchange personally identifiable information with another state | 11592 |
| agency for purposes related to and in support of a health | 11593 |
| transformation initiative identified by the executive director of | 11594 |
| the office of health transformation pursuant to division (C) of | 11595 |
| section 191.06 of the Revised Code. | 11596 |
| (C) With respect to a state agency that uses or discloses | 11597 |
| personally identifiable information, all of the following | 11598 |
| conditions apply: | 11599 |
| (1) The state agency shall use or disclose the information | 11600 |
| only as permitted or required by state and federal law. In | 11601 |
| addition, if the information is obtained during fiscal year 2013 | 11602 |
| from an exchange of personally identifiable information permitted | 11603 |
| under division (B) of this section, the agency shall also use or | 11604 |
| disclose the information in accordance with all operating | 11605 |
| protocols that apply to the use or disclosure. | 11606 |
| (2) If the state agency is a state agency other than the | 11607 |
| department of job and family services and it uses or discloses | 11608 |
| protected health information relating to a medicaid recipient, the | 11609 |
| agency shall comply with all state and federal laws that apply to | 11610 |
| the department of job and family services when that department, as | 11611 |
| the state's single state agency to supervise the medicaid program | 11612 |
| as specified in section 5111.01 of the Revised Code, uses or | 11613 |
| discloses protected health information. | 11614 |
| (3) A state agency shall implement administrative, physical, | 11615 |
| and technical safeguards for the purpose of protecting the | 11616 |
| confidentiality, integrity, and availability of personally | 11617 |
| identifiable information the creation, receipt, maintenance, or | 11618 |
| transmittal of which is affected or governed by an operating | 11619 |
| protocol. | 11620 |
| (4) If a state agency discovers an unauthorized use or | 11621 |
| disclosure of unsecured protected health information or unsecured | 11622 |
| individually identifiable health information, the state agency | 11623 |
| shall, not later than seventy-two hours after the discovery, do | 11624 |
| all of the following: | 11625 |
| (a) Identify the individuals who are the subject of the | 11626 |
| protected health information or individually identifiable health | 11627 |
| information; | 11628 |
| (b) Report the discovery and the names of all individuals | 11629 |
| identified pursuant to division (C)(4)(a) of this section to all | 11630 |
| other state agencies and the executive director of the office of | 11631 |
| health transformation or the executive director's designee; | 11632 |
| (c) Mitigate, to the extent reasonably possible, any | 11633 |
| potential adverse effects of the unauthorized use of disclosure. | 11634 |
| (5) A state agency shall make available to the executive | 11635 |
| director of the office of health transformation or the executive | 11636 |
| director's designee, and to any other state or federal | 11637 |
| governmental entity required by law to have access on that | 11638 |
| entity's request, all internal practices, records, and | 11639 |
| documentation relating to personally identifiable information it | 11640 |
| receives, uses, or discloses that is affected or governed by an | 11641 |
| operating protocol. | 11642 |
| (6) On termination or expiration of an operating protocol and | 11643 |
| if feasible, a state agency shall return or destroy all personally | 11644 |
| identifiable information received directly from or received on | 11645 |
| behalf of another state agency. If the personally identifiable | 11646 |
| information is not returned or destroyed, the state agency | 11647 |
| maintaining the information shall extend the protections set forth | 11648 |
| in this section for as long as it is maintained. | 11649 |
| (7) If a state agency enters into a subcontract or, when | 11650 |
| required by 45 C.F.R. 164.502(e)(2), a business associate | 11651 |
| agreement, the subcontract or business associate agreement shall | 11652 |
| require the subcontractor or business associate to comply with the | 11653 |
| terms of this section as if the subcontractor or business | 11654 |
| associate were a state agency. | 11655 |
| Sec. 191.06. (A) The provisions of this section shall apply | 11656 |
| only for fiscal year 2013. | 11657 |
| (B) The executive director of the office of health | 11658 |
| transformation or the executive director's designee may facilitate | 11659 |
| the coordination of operations and exchange of information between | 11660 |
| state agencies. The purpose of the executive director's authority | 11661 |
| under this section is to support agency collaboration for health | 11662 |
| transformation purposes, including modernization of the medicaid | 11663 |
| program, streamlining of health and human services programs in | 11664 |
| this state, and improving the quality, continuity, and efficiency | 11665 |
| of health care and health care support systems in this state. | 11666 |
| (C) In furtherance of the authority of the executive director | 11667 |
| of the office of health transformation under division (B) of this | 11668 |
| section, the executive director or the executive director's | 11669 |
| designee shall identify each health transformation initiative in | 11670 |
| this state that involves the participation of two or more state | 11671 |
| agencies and that permits or requires an interagency agreement to | 11672 |
| be entered into for purposes of specifying each participating | 11673 |
| agency's role in coordinating, operating, or funding the | 11674 |
| initiative, or facilitating the exchange of data or other | 11675 |
| information for the initiative. The executive director shall | 11676 |
| publish a list of the identified health transformation initiatives | 11677 |
| on the internet web site maintained by the office of health | 11678 |
| transformation. | 11679 |
| (D) For each health transformation initiative that is | 11680 |
| identified under division (C) of this section, the executive | 11681 |
| director or the executive director's designee shall, in | 11682 |
| consultation with each participating agency, adopt one or more | 11683 |
| operating protocols. Notwithstanding any law enacted by the | 11684 |
| general assembly or rule adopted by a state agency, the provisions | 11685 |
| in a protocol shall supersede any provisions in an interagency | 11686 |
| agreement, including an interagency agreement entered into under | 11687 |
| section 5101.10 or 5111.91 of the Revised Code, that differ from | 11688 |
| the provisions of the protocol. | 11689 |
| (E)(1) An operating protocol adopted under division (D) of | 11690 |
| this section shall include both of the following: | 11691 |
| (a) All terms necessary to meet the requirements of "other | 11692 |
| arrangements" between a covered entity and a business associate | 11693 |
| that are referenced in 45 C.F.R. 164.314(a)(2)(ii); | 11694 |
| (b) If known, the date on which the protocol will terminate | 11695 |
| or expire. | 11696 |
| (2) In addition, a protocol may specify the extent to which | 11697 |
| each participating agency is responsible and accountable for | 11698 |
| completing the tasks necessary for successful completion of the | 11699 |
| initiative, including tasks relating to the following components | 11700 |
| of the initiative: | 11701 |
| (a) Workflow; | 11702 |
| (b) Funding; | 11703 |
| (c) Exchange of data or other information that is | 11704 |
| confidential pursuant to state or federal law. | 11705 |
| (F) An operating protocol adopted under division (D) of this | 11706 |
| section shall have the same force and effect as an interagency | 11707 |
| agreement or data sharing agreement, and each participating agency | 11708 |
| shall comply with it. | 11709 |
| (G) The director of job and family services shall determine | 11710 |
| whether a waiver of federal medicaid requirements or a medicaid | 11711 |
| state plan amendment is necessary to fulfill the requirements of | 11712 |
| this section. If the director determines a waiver or medicaid | 11713 |
| state plan amendment is necessary, the director shall apply to the | 11714 |
| United States secretary of health and human services for the | 11715 |
| waiver or amendment. | 11716 |
| Sec. 305.171. | 11717 |
| 11718 | |
| 11719 | |
| 11720 | |
| 11721 | |
| 11722 |
| (A) The board of county commissioners of any county may | 11723 |
| contract for, purchase, or otherwise procure and pay all or any | 11724 |
| part of the cost of any of the following insurance, coverage, or | 11725 |
| benefits issued by an insurance company or administered by a board | 11726 |
| of county commissioners or a contractor, for county officers and | 11727 |
| employees and their immediate dependents from the funds or budgets | 11728 |
| from which the county officers or employees are compensated for | 11729 |
| services: | 11730 |
| (1) Group insurance policies that may provide any of the | 11731 |
| following: | 11732 |
| (a) Benefits including, but not limited to, hospitalization, | 11733 |
| surgical care, major medical care, disability, dental care, eye | 11734 |
| care, medical care, hearing aids, or prescription drugs; | 11735 |
| (b) Sickness and accident insurance; | 11736 |
| (c) Group legal services; | 11737 |
| (d) Group life insurance. | 11738 |
| (2) Any other qualified benefit available under section 125 | 11739 |
| of the "Internal Revenue Code of 1986," 26 U.S.C. 125; | 11740 |
| (3) A health and wellness benefit program through which the | 11741 |
| county provides a benefit or incentive to county officers, | 11742 |
| employees, and their immediate dependents to maintain a healthy | 11743 |
| lifestyle, including, but not limited to, programs to encourage | 11744 |
| healthy eating and nutrition, exercise and physical activity, | 11745 |
| weight control or the elimination of obesity, and cessation of | 11746 |
| smoking or alcohol use. | 11747 |
| (4) Any combination of any of the foregoing types of | 11748 |
| insurance, coverage, or benefits. | 11749 |
| (B) The board of county commissioners also may negotiate and | 11750 |
| contract for any plan or plans of health care services with health | 11751 |
| insuring corporations holding a certificate of authority under | 11752 |
| Chapter 1751. of the Revised Code, provided that each county | 11753 |
| officer or employee shall be permitted to do both of the | 11754 |
| following: | 11755 |
| (1) Exercise an option between a plan offered by an insurance | 11756 |
| company and a plan or plans offered by health insuring | 11757 |
| corporations under this division, on the condition that the county | 11758 |
| officer or employee shall pay any amount by which the cost of the | 11759 |
| plan chosen by the county officer or employee pursuant to this | 11760 |
| division exceeds the cost of the plan offered under division (A) | 11761 |
| of this section; | 11762 |
| (2) Change from one of the plans to another at a time each | 11763 |
| year as determined by the board. | 11764 |
| (C) Section 307.86 of the Revised Code does not apply to the | 11765 |
| purchase of benefits for county officers or employees under | 11766 |
| divisions (A) and (B) of this section when those benefits are | 11767 |
| provided through a jointly administered health and welfare trust | 11768 |
| fund in which the county or contracting authority and a collective | 11769 |
| bargaining representative of the county employees or contracting | 11770 |
| authority agree to participate. | 11771 |
| (D) The board of trustees of a jointly administered trust | 11772 |
| fund that receives contributions pursuant to collective bargaining | 11773 |
| agreements entered into between the board of county commissioners | 11774 |
| of any county and a collective bargaining representative of the | 11775 |
| employees of the county may provide for self-insurance of all risk | 11776 |
| in the provision of fringe benefits, and may provide through the | 11777 |
| self-insurance method specific fringe benefits as authorized by | 11778 |
| the rules of the board of trustees of the jointly administered | 11779 |
| trust fund. The fringe benefits may include, but are not limited | 11780 |
| to, hospitalization, surgical care, major medical care, | 11781 |
| disability, dental care, vision care, medical care, hearing aids, | 11782 |
| prescription drugs, group life insurance, sickness and accident | 11783 |
| insurance, group legal services, or a combination of any of the | 11784 |
| foregoing types of insurance or coverage, for county employees and | 11785 |
| their dependents. | 11786 |
| (E) The board of county commissioners may provide the | 11787 |
| benefits described in divisions (A) to (D) of this section through | 11788 |
| an individual self-insurance program or a joint self-insurance | 11789 |
| program as provided in section 9.833 of the Revised Code. | 11790 |
| (F) When a board of county commissioners offers benefits | 11791 |
| authorized under this section to a county officer or employee, the | 11792 |
| board may offer the benefits through a cafeteria plan meeting the | 11793 |
| requirements of section 125 of the "Internal Revenue Code of | 11794 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part | 11795 |
| of that plan, may offer the county officer or employee the option | 11796 |
| of receiving a cash payment in any form permissible under such | 11797 |
| cafeteria plans. A cash payment made to a county officer or | 11798 |
| employee under this division shall not exceed twenty-five per cent | 11799 |
| of the cost of premiums or payments that otherwise would be paid | 11800 |
| by the board for benefits for the county officer or employee under | 11801 |
| a policy or plan. | 11802 |
| (G) The board of county commissioners may establish a policy | 11803 |
| authorizing any county appointing authority to make a cash payment | 11804 |
| to any county officer or employee in lieu of providing a benefit | 11805 |
| authorized under this section if the county officer or employee | 11806 |
| elects to take the cash payment instead of the offered benefit. A | 11807 |
| cash payment made to a county officer or employee under this | 11808 |
| division shall not exceed twenty-five per cent of the cost of | 11809 |
| premiums or payments that otherwise would be paid by the board for | 11810 |
| benefits for the county officer or employee under an offered | 11811 |
| policy or plan. | 11812 |
| (H) No cash payment in lieu of a health benefit shall be made | 11813 |
| to a county officer or employee under division (F) or (G) of this | 11814 |
| section unless the county officer or employee signs a statement | 11815 |
| affirming that the county officer or employee is covered under | 11816 |
| another health insurance or health care policy, contract, or plan, | 11817 |
| and setting forth the name of the employer, if any, that sponsors | 11818 |
| the coverage, the name of the carrier that provides the coverage, | 11819 |
| and the identifying number of the policy, contract, or plan. | 11820 |
| (I) The legislative authority of a county-operated municipal | 11821 |
| court, after consultation with the judges, or the clerk and deputy | 11822 |
| clerks, of the municipal court, shall negotiate and contract for, | 11823 |
| purchase, or otherwise procure, and pay the costs, premiums, or | 11824 |
| charges for, group health care coverage for the judges, and group | 11825 |
| health care coverage for the clerk and deputy clerks, in | 11826 |
| accordance with section 1901.111 or 1901.312 of the Revised Code. | 11827 |
| (J) As used in this section: | 11828 |
| (1) "County officer or employee" includes, but is not limited | 11829 |
| to, a member or employee of the county board of elections. | 11830 |
| (2) "County-operated municipal court" and "legislative | 11831 |
| authority" have the same meanings as in section 1901.03 of the | 11832 |
| Revised Code. | 11833 |
| (3) "Health care coverage" has the same meaning as in section | 11834 |
| 1901.111 of the Revised Code. | 11835 |
| Sec. 306.04. (A) Except as otherwise provided in division | 11836 |
| (B) of this section, employees of a county transit board or a | 11837 |
| board of county commissioners operating a transit system are | 11838 |
| employees of the county. If the system is operated by the board of | 11839 |
| county commissioners, the board shall appoint an executive | 11840 |
| director, who shall be in the unclassified service. | 11841 |
| (B) Any county transit board that established its own civil | 11842 |
|
service organization and procedure prior to | 11843 |
| 11844 | |
| that organization. Appointments and promotions in that system | 11845 |
| shall be made, as far as practicable, by competitive examination. | 11846 |
| A board that established its own civil service organization | 11847 |
|
prior to | 11848 |
| shall establish by rule the seniority provisions relating to | 11849 |
| street railway and motor bus employees in effect at the time of | 11850 |
| the acquisition of the transit system by the county. The vacation, | 11851 |
| holiday, and sick leave privileges shall not be regulated by other | 11852 |
| provisions of law relating to public employees of the state or | 11853 |
| county, except that the transit board, its officers and employees, | 11854 |
| shall be subject to the public employees retirement system of the | 11855 |
| state and the transit board shall assume any pension obligations | 11856 |
| which have been assumed by any publicly owned transit system which | 11857 |
| the county may acquire. | 11858 |
| (C) A county transit board or board of county commissioners | 11859 |
| operating a transit system may: | 11860 |
| (1) Acquire in its name by gift, grant, purchase, or | 11861 |
| condemnation and hold and operate real estate and interests | 11862 |
| therein and personal property suitable for its purposes; | 11863 |
| (2) In its name purchase, acquire, construct, enlarge, | 11864 |
| improve, equip, repair, maintain, sell, exchange, lease as lessee | 11865 |
| or lessor, receive a right of use of, and manage, control, and | 11866 |
| operate, in or out of the county, a county transit system | 11867 |
| consisting of all real estate and interests therein, personal | 11868 |
| property, and a combination thereof, for or related to the | 11869 |
| movement of persons including but not limited to street railway, | 11870 |
| tramline, subways, rapid transits, monorails, and passenger bus | 11871 |
| systems but excluding therefrom trucks, the movement of property | 11872 |
| by truck, and facilities designed for use in the movement of | 11873 |
| property by truck for hire; | 11874 |
| (3) Issue, with the approval of the county commissioners when | 11875 |
| the issuance is made by the transit board, revenue bonds of the | 11876 |
| county as provided in division (B) of section 306.09 of the | 11877 |
| Revised Code, to secure funds to accomplish its purposes. The | 11878 |
| principal of and interest on such bonds, together with all other | 11879 |
| payments required to be made by the trust agreement or indenture | 11880 |
| securing such bonds, shall be paid solely from revenues or other | 11881 |
| income accruing to the board from facilities of the county transit | 11882 |
| system designated in said agreement or indenture. | 11883 |
| (4) Enter into contracts in the exercise of the rights, | 11884 |
| powers, and duties conferred upon it, and execute all instruments | 11885 |
| necessary in the conduct of its business; | 11886 |
| (5) Fix, alter, and charge rates and other charges for the | 11887 |
| use of its real estate and interests therein, personal property, | 11888 |
| and combinations thereof; | 11889 |
| (6) Employ such financial consultants, accountants, | 11890 |
| appraisers, consulting engineers, architects, construction | 11891 |
| experts, attorneys-at-law, managers and other supervisory | 11892 |
| personnel, and other officers, employees, and agents as it | 11893 |
| determines necessary to conduct its business, and fix their | 11894 |
| compensation and duties; | 11895 |
| (7) Pledge, hypothecate, or otherwise encumber its revenues | 11896 |
| and other income as security for its obligations and enter into | 11897 |
| trust agreements or indentures for the benefit of revenue | 11898 |
| bondholders; | 11899 |
| (8) Borrow money or accept or contract to accept advances, | 11900 |
| loans, gifts, grants, devises, or bequests from and enter into | 11901 |
| contracts or agreements with any federal, state, or other | 11902 |
| governmental or private source and hold and apply advances, loans, | 11903 |
| gifts, grants, devises, or bequests according to the terms thereof | 11904 |
| including provisions which are required by such federal, state, or | 11905 |
| other governmental or private source to protect the interest of | 11906 |
| employees affected by such advances, loans, gifts, grants, | 11907 |
| devises, or bequests. Such advances, loans, gifts, grants, or | 11908 |
| devises may be subject to any reasonable reservation and any gift, | 11909 |
| grant, or devise or real estate may be in fee simple or any lesser | 11910 |
| estate. Any advances or loans received from any federal, state, or | 11911 |
| other governmental or private source may be repaid in accordance | 11912 |
| with the terms of such advance or loan. | 11913 |
| (9) Conduct investigations and surveys into the needs of the | 11914 |
| public within or without the county for transportation services to | 11915 |
| provide for the movement of persons within, into, or from the area | 11916 |
| serviced or to be serviced by the county transit system; | 11917 |
| (10) Enter into lawful arrangements with the appropriate | 11918 |
| federal or state department or agency, county, township, municipal | 11919 |
| corporation, or other political subdivision or public agency for | 11920 |
| the planning and installation of any public facilities which are | 11921 |
| determined necessary in the conduct of its business; | 11922 |
| (11) Purchase fire, extended coverage, and liability | 11923 |
| insurance for the real estate and interests therein, personal | 11924 |
| property and any combination thereof, used by or in connection | 11925 |
| with the county transit system and insurance covering the board | 11926 |
| and the county transit system and its officers and employees for | 11927 |
| liability for damage or injury to persons or property; | 11928 |
| (12) Procure and pay all or any part of the cost of group | 11929 |
| hospitalization, surgical, major medical, or sickness and accident | 11930 |
| insurance, or a combination thereof, for the officers and | 11931 |
| employees of the county transit system and their immediate | 11932 |
| dependents, issued by an insurance company, duly authorized to do | 11933 |
| business in this state; | 11934 |
| (13) Sell, lease, release, or otherwise dispose of real | 11935 |
| estate or interests therein or personal property owned by it and | 11936 |
| grant such easements across its real estate and interests therein | 11937 |
| as will not interfere with its use by the county transit system; | 11938 |
| (14) Establish rules for the use and operation of the county | 11939 |
| transit system including the real estate or interests therein, | 11940 |
| personal property or a combination of the foregoing used by or in | 11941 |
| connection with such system; | 11942 |
| (15) Exercise the power of eminent domain to appropriate any | 11943 |
| real estate or interests therein, personal property, franchises, | 11944 |
| or any combination thereof, within or without the county, | 11945 |
| necessary or proper in the exercise of its powers provided in | 11946 |
| sections 306.01 to 306.13 of the Revised Code, as provided in | 11947 |
| sections 163.01 to 163.22 of the Revised Code, and subject to | 11948 |
| divisions (15)(a), (b), and (c) of this section, provided that a | 11949 |
| county transit board or a board of county commissioners operating | 11950 |
| a transit system shall not proceed to so appropriate real property | 11951 |
| outside its territorial boundaries, until it has served at the | 11952 |
| office of the county commissioners of the county in which it is | 11953 |
| proposed to appropriate real property, a notice describing the | 11954 |
| real property to be taken and the purpose for which it is proposed | 11955 |
| to be taken, and such county commissioners have entered on their | 11956 |
| journal within thirty days after such service a resolution | 11957 |
| approving such appropriation; | 11958 |
| (a) Nothing contained in this division authorizes a county | 11959 |
| transit board or a board of county commissioners to appropriate | 11960 |
| any land, rights, rights-of-way, franchises, or easements | 11961 |
| belonging to the state or to a municipal corporation without the | 11962 |
| consent of the state or of the municipal corporation, and no | 11963 |
| county transit board or board of county commissioners shall | 11964 |
| exercise the right of eminent domain to acquire any certificate of | 11965 |
| public convenience and necessity, or any part thereof, issued to a | 11966 |
| for-hire motor
| 11967 |
|
utilities commission of Ohio or by the | 11968 |
| 11969 | |
| United States, or to take or disturb other real estate or | 11970 |
| interests therein, personal property, or any combination thereof | 11971 |
| belonging to any municipal corporation without the consent of the | 11972 |
| legislative authority of such municipal corporation, or take or | 11973 |
| disturb real estate or interests therein, personal property, or | 11974 |
| any combination thereof belonging to any other political | 11975 |
| subdivision, public corporation, public utility, or common | 11976 |
| carrier, which is necessary and convenient in the operation of | 11977 |
| such political subdivision, public corporation, public utility, or | 11978 |
| common carrier unless provision is made for the restoration, | 11979 |
| relocation, or duplication of that taken or upon the election of | 11980 |
| such political subdivision, public corporation, public utility, or | 11981 |
| common carrier for the payment of compensation, if any, at the | 11982 |
| sole cost of the county transit system. | 11983 |
| (b) If any restoration or duplication proposed to be made | 11984 |
| under this division involves a relocation, the new location shall | 11985 |
| have at least comparable utilitarian value and effectiveness, and | 11986 |
| such relocation shall not impair the ability of the public utility | 11987 |
| or common carrier to compete in its original area of operation. | 11988 |
| (c) If such restoration or duplication proposed to be made | 11989 |
| under this division involves a relocation, the county transit | 11990 |
| board or board of county commissioners shall acquire no interest | 11991 |
| or right in or to the appropriated property or facility until the | 11992 |
| relocated property or facility is available for use and until | 11993 |
| marketable title thereto has been transferred to the political | 11994 |
| subdivision, public corporation, public utility, or common | 11995 |
| carrier. Nothing in this division shall require any board of | 11996 |
| county commissioners or county transit board operating a county | 11997 |
| transit system to so restore, relocate, or duplicate, if all of | 11998 |
| the real estate and interests therein, personal property, and any | 11999 |
| combination of the foregoing which is owned by a public utility or | 12000 |
| common carrier and used by it or in connection with the movement | 12001 |
| of persons, is acquired by exercise of the power of eminent | 12002 |
| domain. | 12003 |
| (16) When real property is acquired that is located outside | 12004 |
| the county and is removed from the tax duplicate, the county | 12005 |
| transit board or board of county commissioners operating a transit | 12006 |
| system shall pay annually to the county treasurer of the county in | 12007 |
| which that property is located, commencing with the first tax year | 12008 |
| in which that property is removed from the tax duplicate, an | 12009 |
| amount of money in lieu of taxes equal to the smaller of the | 12010 |
| following: | 12011 |
| (a) The last annual installment of taxes due from the | 12012 |
| acquired property before removal from the tax duplicate; | 12013 |
| (b) An amount equal to the difference between the combined | 12014 |
| revenue from real estate taxes of all the taxing districts in | 12015 |
| which the property is located in the tax year immediately prior to | 12016 |
| the removal of the acquired property from the tax duplicate, and | 12017 |
| either: | 12018 |
| (i) The total revenue which would be produced by the tax rate | 12019 |
| of each such taxing district in the tax year immediately prior to | 12020 |
| the removal of the acquired property from the tax duplicate, | 12021 |
| applied to the real estate tax duplicate of each of such taxing | 12022 |
| districts in each tax year subsequent to the year of removal; or | 12023 |
| (ii) The combined revenue from real estate taxes of all such | 12024 |
| taxing districts in each tax year subsequent to the year of | 12025 |
| removal, whichever is the greater. | 12026 |
| The county transit board or board of county commissioners may | 12027 |
| be exempted from such payment by agreement of the affected taxing | 12028 |
| district or districts in the county in which the property is | 12029 |
| located. | 12030 |
| The county auditor of the county in which that property is | 12031 |
| located shall apportion each such annual payment to each taxing | 12032 |
| district as if the annual payment had been levied and collected as | 12033 |
| a tax. | 12034 |
| Those annual payments shall never again be made after they | 12035 |
| have ceased. | 12036 |
| (17) Sue or be sued, plead or be impleaded, and be held | 12037 |
| liable in any court of proper jurisdiction for damages received by | 12038 |
| reason of negligence, in the same manner and to the same extent as | 12039 |
| if the county transit system were privately operated, provided, | 12040 |
| that no funds of a county other than those of the county transit | 12041 |
| board or, if the transit system is operated by the board of county | 12042 |
| commissioners, other than those in the account for the county | 12043 |
| transit system created under division (C) of section 306.01 of the | 12044 |
| Revised Code, shall be available for the satisfaction of judgments | 12045 |
| rendered against that system; | 12046 |
| (18) Annually prepare and make available for public | 12047 |
| inspection a report in condensed form showing the financial | 12048 |
| results of the operation of the county transit system. For systems | 12049 |
| operated by a county transit board, copies of this report shall be | 12050 |
| furnished to the county commissioners as well as a monthly summary | 12051 |
| statement of revenues and expenses for the preceding month | 12052 |
| sufficient to show the exact financial condition of the county | 12053 |
| transit system as of the last day of the preceding month. | 12054 |
| (19) With the approval of the county commissioners when the | 12055 |
| action is taken by the transit board, and without competitive | 12056 |
| bidding, sell, lease, or grant the right of use of all or a | 12057 |
| portion of the county transit system to any other political | 12058 |
| subdivision, taxing district, or other public body or agency | 12059 |
| having the power to operate a transit system; | 12060 |
| (20) Enter into and supervise franchise agreements for the | 12061 |
| operation of a county transit system; | 12062 |
| (21) Accept the assignment of and then supervise an existing | 12063 |
| franchise agreement for the operation of a county transit system. | 12064 |
| Sec. 306.36. (A) The board of trustees of a regional transit | 12065 |
| authority may exercise the power of eminent domain to appropriate | 12066 |
| any land, rights, rights-of-way, franchise, power lines, | 12067 |
| easements, or other property, within or without the territorial | 12068 |
| boundaries of the regional transit authority, necessary or proper | 12069 |
| for the construction or efficient operation of any transit | 12070 |
| facility or access thereto under its jurisdiction pursuant to the | 12071 |
| procedure provided in sections 163.01 to 163.22, inclusive, of the | 12072 |
| Revised Code, and subject to division (B) of this section, | 12073 |
| provided that a regional transit authority shall not proceed to so | 12074 |
| appropriate real property outside its territorial boundaries, | 12075 |
| until it has served at the office of the county commissioners of | 12076 |
| the county in which it is proposed to appropriate real property, a | 12077 |
| notice describing the real property to be taken and the purpose | 12078 |
| for which it is proposed to be taken, and such county | 12079 |
| commissioners have entered on their journal within thirty days | 12080 |
| after such service a resolution approving such appropriation. | 12081 |
| (B) Nothing contained in sections 306.30 to 306.53, | 12082 |
| inclusive, of the Revised Code authorizes a regional transit | 12083 |
| authority to appropriate any land, rights, rights-of-way, | 12084 |
| franchises, or easements belonging to the state or a municipal | 12085 |
| corporation without the consent of the state or municipal | 12086 |
| corporation, and no regional transit authority shall exercise the | 12087 |
| right of eminent domain to acquire any certificate of public | 12088 |
| convenience and necessity, or any part thereof, issued to a | 12089 |
| for-hire motor
| 12090 |
|
utilities commission of Ohio or by the | 12091 |
| 12092 | |
| administration, or to take or disturb other property or facilities | 12093 |
| belonging to any political subdivision, public corporation, public | 12094 |
| utility, or common carrier, which property or facility is | 12095 |
| necessary and convenient in the operation of such political | 12096 |
| subdivision, public corporation, public utility, or common | 12097 |
| carrier, unless provision is made for the restoration, relocation, | 12098 |
| or duplication of such property or facility, or upon the election | 12099 |
| of such political subdivision, public corporation, public utility, | 12100 |
| or common carrier, for the payment of compensation, if any, at the | 12101 |
| sole cost of the regional transit authority, provided: | 12102 |
| (1) If any restoration or duplication of any property or | 12103 |
| facility proposed to be made under this division involves a | 12104 |
| relocation of such property or facility the new facility and | 12105 |
| location thereof shall be of at least comparable utilitarian value | 12106 |
| and effectiveness and such relocation shall not impair the ability | 12107 |
| of the public utility or common carrier to compete in its original | 12108 |
| area of operation. | 12109 |
| (2) If any restoration or duplication of any property or | 12110 |
| facility proposed to be made under this division involves a | 12111 |
| relocation of such property or facility, the regional transit | 12112 |
| authority shall acquire no interest or right in or to the | 12113 |
| appropriated property or facility until the relocated property or | 12114 |
| facility is available for use and until marketable title thereto | 12115 |
| has been transferred to the public utility or common carrier. | 12116 |
| (C) When real property is acquired which is located outside | 12117 |
| the territorial boundaries of the regional transit authority and | 12118 |
| which is removed from the tax duplicate, the regional transit | 12119 |
| authority shall pay annually to the county treasurer of the county | 12120 |
| in which such property is located, commencing with the first tax | 12121 |
| year in which such property is removed from the tax duplicate, an | 12122 |
| amount of money in lieu of taxes equal to the smaller of the | 12123 |
| following: | 12124 |
| (1) The last annual installment of taxes due from the | 12125 |
| acquired property before removal from the tax duplicate; | 12126 |
| (2) An amount equal to the difference between the combined | 12127 |
| revenue from real estate taxes of all the taxing districts in | 12128 |
| which such property is located in the tax year immediately prior | 12129 |
| to the removal of such acquired property from the tax duplicate, | 12130 |
| and either: | 12131 |
| (a) The total revenue which would be produced by the tax rate | 12132 |
| of each such taxing district in the tax year immediately prior to | 12133 |
| the removal of such acquired property from the tax duplicate, | 12134 |
| applied to the real estate tax duplicate of each of such taxing | 12135 |
| districts in each tax year subsequent to the year of removal; or | 12136 |
| (b) The combined revenue from real estate taxes of all such | 12137 |
| taxing districts in each tax year subsequent to the year of | 12138 |
| removal, whichever is the greater. | 12139 |
| The county auditor of each county in which such property is | 12140 |
| located shall apportion each such annual payment to each taxing | 12141 |
| district as if such annual payment has been levied and collected | 12142 |
| as a tax. | 12143 |
| Such annual payments shall never again be made after they | 12144 |
| have ceased. | 12145 |
| The regional transit authority may be exempted from such | 12146 |
| payment by agreement of the affected taxing district or districts | 12147 |
| in the county in which such property is located. | 12148 |
| Sec. 307.05. As used in this section, "emergency medical | 12149 |
| service organization" has the same meaning as in section 4765.01 | 12150 |
| of the Revised Code. | 12151 |
| A board of county commissioners may operate an ambulance | 12152 |
| service organization or emergency medical service organization, | 12153 |
| or, in counties with a population of forty thousand or less, may | 12154 |
| operate a nonemergency patient transport service organization, or | 12155 |
| may enter into a contract with one or more counties, townships, | 12156 |
| municipal corporations, nonprofit corporations, joint emergency | 12157 |
| medical services districts, fire and ambulance districts, or | 12158 |
| private ambulance owners, regardless of whether such counties, | 12159 |
| townships, municipal corporations, nonprofit corporations, joint | 12160 |
| emergency medical services districts, fire and ambulance | 12161 |
| districts, or private ambulance owners are located within or | 12162 |
| without the state, in order to furnish or obtain the services of | 12163 |
| ambulance service organizations, to furnish or obtain additional | 12164 |
| services from ambulance service organizations in times of | 12165 |
| emergency, to furnish or obtain the services of emergency medical | 12166 |
| service organizations, or, in counties with a population of forty | 12167 |
| thousand or less, to furnish or obtain services of nonemergency | 12168 |
| patient transport service organizations, or may enter into a | 12169 |
| contract with any such entity to furnish or obtain the interchange | 12170 |
| of services from ambulance or emergency medical service | 12171 |
| organizations, or, within counties with a population of forty | 12172 |
| thousand or less, to furnish or obtain the interchange of services | 12173 |
| from nonemergency patient transport service organizations, within | 12174 |
| the territories of the contracting subdivisions. Except in the | 12175 |
| case of a contract with a joint emergency medical services | 12176 |
| district to obtain the services of emergency medical service | 12177 |
| organizations, such contracts shall not be entered into with a | 12178 |
| public agency or nonprofit corporation that receives more than | 12179 |
| half of its operating funds from governmental entities with the | 12180 |
| intention of directly competing with the operation of other | 12181 |
| ambulance service organizations, nonemergency patient transport | 12182 |
| service organizations, or emergency medical service organizations | 12183 |
| in the county unless the public agency or nonprofit corporation is | 12184 |
| awarded the contract after submitting the lowest and best bid to | 12185 |
| the board of county commissioners. Any county wishing to commence | 12186 |
| operation of a nonemergency patient transport service organization | 12187 |
| or wishing to enter into a contract for the first time to furnish | 12188 |
| or obtain services from a nonemergency patient transport service | 12189 |
| organization on or after March 1, 1993, including a county in | 12190 |
| which a private provider has been providing the service, shall | 12191 |
| demonstrate the need for public funding for the service to, and | 12192 |
| obtain approval from, the state board of emergency medical and | 12193 |
| transportation services or its immediate successor board prior to | 12194 |
| operating or funding the organization. | 12195 |
| When such an organization is operated by the board, the | 12196 |
| organization may be administered by the board, by the county | 12197 |
| sheriff, or by another county officer or employee designated by | 12198 |
| the board. All rules, including the determining of reasonable | 12199 |
| rates, necessary for the establishment, operation, and maintenance | 12200 |
| of such an organization shall be adopted by the board. | 12201 |
| A contract for services of an ambulance service, nonemergency | 12202 |
| patient transport service, or emergency medical service | 12203 |
| organization shall include the terms, conditions, and stipulations | 12204 |
| as agreed to by the parties to the contract. It may provide for a | 12205 |
| fixed annual charge to be paid at the times agreed upon and | 12206 |
| stipulated in the contract, or for compensation based upon a | 12207 |
| stipulated price for each run, call, or emergency or the number of | 12208 |
| persons or pieces of apparatus employed, or the elapsed time of | 12209 |
| service required in such run, call, or emergency, or any | 12210 |
| combination thereof. | 12211 |
| Sec. 307.051. As used in this section, "emergency medical | 12212 |
| service organization" has the same meaning as in section 4766.01 | 12213 |
| of the Revised Code. | 12214 |
| A board of county commissioners, by adoption of an | 12215 |
|
appropriate resolution, may choose to have the | 12216 |
|
emergency medical and transportation | 12217 |
| emergency medical service organization it operates. If a board | 12218 |
| adopts such a resolution, Chapter 4766. of the Revised Code, | 12219 |
| except for sections 4766.06 and 4766.99 of the Revised Code, | 12220 |
| applies to the county emergency medical service organization. All | 12221 |
| rules adopted under the applicable sections of that chapter also | 12222 |
| apply to the organization. A board, by adoption of an appropriate | 12223 |
| resolution, may remove its emergency medical service organization | 12224 |
|
from the jurisdiction of the | 12225 |
| and transportation | 12226 |
| Sec. 307.055. (A) Subject to the terms and conditions of the | 12227 |
| joint resolution creating it, each joint emergency medical | 12228 |
| services district may furnish ambulance services and emergency | 12229 |
| medical services by one of the following methods: | 12230 |
| (1) By operating an emergency medical service organization as | 12231 |
| defined in section 4765.01 of the Revised Code; | 12232 |
| (2) By contracting for the operation of one or more | 12233 |
| facilities pursuant to division (C) or (D) of this section; | 12234 |
| (3) By providing necessary services and equipment to the | 12235 |
| district either directly or under a contract entered into pursuant | 12236 |
| to division (B) of this section; | 12237 |
| (4) By providing service through any combination of methods | 12238 |
| described in divisions (A)(1) to (3) of this section. | 12239 |
| (B) In order to obtain ambulance service, to obtain | 12240 |
| additional ambulance service in times of emergency, or to obtain | 12241 |
| emergency medical services, a joint emergency medical services | 12242 |
| district may enter into a contract, for a period not to exceed | 12243 |
| three years, with one or more counties, townships, municipal | 12244 |
| corporations, joint fire districts, other governmental units that | 12245 |
| provide ambulance service or emergency medical services, nonprofit | 12246 |
| corporations, or private ambulance owners, regardless of whether | 12247 |
| the entities contracted with are located within or outside this | 12248 |
| state, upon such terms as are agreed to, to furnish or receive | 12249 |
| ambulance services or the interchange of ambulance services or | 12250 |
| emergency medical services within the several territories of the | 12251 |
| contracting subdivisions, if the contract is first authorized by | 12252 |
| all boards of trustees and legislative authorities in the | 12253 |
| territories to be served. | 12254 |
| Such a contract may provide for a fixed annual charge to be | 12255 |
| paid at the times agreed upon and stipulated in the contract; or | 12256 |
| for compensation based on a stipulated price for each run, call, | 12257 |
| or emergency or based on the elapsed time of service required for | 12258 |
| each run, call, or emergency, or based on any combination of | 12259 |
| these. | 12260 |
| Expenditures of a district for ambulance service or emergency | 12261 |
| medical service, whether pursuant to contract or otherwise, are | 12262 |
| lawful expenditures, regardless of whether the district or the | 12263 |
| party with which it contracts charges an additional fee to users | 12264 |
| of the service. | 12265 |
| (C) The board of trustees may enter into a contract with any | 12266 |
| person, municipal corporation, township, or other political | 12267 |
| subdivision, and any political subdivision may contract with the | 12268 |
| board, for the operation and maintenance of emergency medical | 12269 |
| services facilities regardless of whether the facilities used are | 12270 |
| owned or leased by the district, by another political subdivision, | 12271 |
| or by the contractor. | 12272 |
| (D) The district may purchase, lease, and maintain all | 12273 |
| materials, buildings, land, and equipment, including vehicles, the | 12274 |
| board considers necessary for the district. | 12275 |
| When the board finds, by resolution, that the district has | 12276 |
| personal property that is not needed for public use, or is | 12277 |
| obsolete or unfit for the use for which it was acquired, the board | 12278 |
| may dispose of the property in the same manner as provided in | 12279 |
| section 307.12 of the Revised Code. | 12280 |
| (E) Except in the case of a contract with a board of county | 12281 |
| commissioners for the provision of services of an emergency | 12282 |
| medical service organization, any contract entered into by a joint | 12283 |
| emergency medical services district shall conform to the same | 12284 |
| bidding requirements that apply to county contracts under sections | 12285 |
| 307.86 to 307.92 of the Revised Code. | 12286 |
| (F) A county participating in a joint district may contribute | 12287 |
| any of its rights or interests in real or personal property, | 12288 |
| including money, and may contribute services to the district. Any | 12289 |
| such contributions shall be made by a written agreement between | 12290 |
| the contributing county and the district, specifying the | 12291 |
| contribution as well as the rights of the participating counties | 12292 |
| in the contributed property. Written agreements shall also be | 12293 |
| prepared specifying the rights of participating counties in | 12294 |
| property acquired by the district other than by contribution of a | 12295 |
| participating county. Written agreements required by this division | 12296 |
| may be amended only by written agreement of all parties to the | 12297 |
| original agreement. | 12298 |
| (G) A district's board of trustees, by adoption of an | 12299 |
|
appropriate resolution, may choose to have the | 12300 |
|
emergency medical and transportation | 12301 |
| emergency medical service organization the district operates. If a | 12302 |
| board adopts such a resolution, Chapter 4766. of the Revised Code, | 12303 |
| except for sections 4766.06 and 4766.99 of the Revised Code, | 12304 |
| applies to the district emergency medical service organization. | 12305 |
| All rules adopted under the applicable sections of that chapter | 12306 |
| also apply to the organization. A board, by adoption of an | 12307 |
| appropriate resolution, may remove the district emergency medical | 12308 |
|
service organization from the jurisdiction of the | 12309 |
|
of emergency medical and transportation | 12310 |
| Sec. 307.093. A board of county commissioners may enter into | 12311 |
| a sale and leaseback agreement under which the board agrees to | 12312 |
| convey a county-owned building to a purchaser who is obligated, | 12313 |
| immediately upon closing, to lease the building back to the | 12314 |
| county. The sale and leaseback agreement shall obligate the lessor | 12315 |
| to make improvements to the building, including renovations, | 12316 |
| energy conservation measures, and other measures that are | 12317 |
| necessary to improve the functionality and reduce the operating | 12318 |
| costs of the building. | 12319 |
| The authority granted by this section is not subject to the | 12320 |
| limitations imposed by sections 307.02 and 307.09 of the Revised | 12321 |
| Code. | 12322 |
| Sec. 309.09. (A) The prosecuting attorney shall be the legal | 12323 |
| adviser of the board of county commissioners, board of elections, | 12324 |
| all other county officers and boards, and all tax-supported public | 12325 |
| libraries, and any of them may require written opinions or | 12326 |
| instructions from the prosecuting attorney in matters connected | 12327 |
| with their official duties. The prosecuting attorney shall | 12328 |
| prosecute and defend all suits and actions that any such officer, | 12329 |
| board, or tax-supported public library directs or to which it is a | 12330 |
| party, and no county officer may employ any other counsel or | 12331 |
| attorney at the expense of the county, except as provided in | 12332 |
| section 305.14 of the Revised Code. The prosecuting attorney shall | 12333 |
| also defend all civil actions in the court of common pleas brought | 12334 |
| pursuant to division (B)(1) of section 2743.48 of the Revised | 12335 |
| Code. | 12336 |
| (B)(1) The prosecuting attorney shall be the legal adviser | 12337 |
| for all township officers, boards, and commissions, unless, | 12338 |
| subject to division (B)(2) of this section, the township has | 12339 |
| adopted a limited home rule government pursuant to Chapter 504. of | 12340 |
| the Revised Code and has not entered into a contract to have the | 12341 |
| prosecuting attorney serve as the township law director, in which | 12342 |
| case, subject to division (B)(2) of this section, the township law | 12343 |
| director, whether serving full-time or part-time, shall be the | 12344 |
| legal adviser for all township officers, boards, and commissions. | 12345 |
| When the board of township trustees finds it advisable or | 12346 |
| necessary to have additional legal counsel, it may employ an | 12347 |
| attorney other than the township law director or the prosecuting | 12348 |
| attorney of the county, either for a particular matter or on an | 12349 |
| annual basis, to represent the township and its officers, boards, | 12350 |
| and commissions in their official capacities and to advise them on | 12351 |
| legal matters. No such legal counsel may be employed, except on | 12352 |
| the order of the board of township trustees, duly entered upon its | 12353 |
| journal, in which the compensation to be paid for the legal | 12354 |
| services shall be fixed. The compensation shall be paid from the | 12355 |
| township fund. | 12356 |
| Nothing in this division confers any of the powers or duties | 12357 |
| of a prosecuting attorney under section 309.08 of the Revised Code | 12358 |
| upon a township law director. | 12359 |
| (2)(a) If any township in the county served by the | 12360 |
| prosecuting attorney has adopted any resolution regarding the | 12361 |
| operation of adult entertainment establishments pursuant to the | 12362 |
| authority that is granted under section 503.52 of the Revised Code | 12363 |
| or if a resolution of that nature has been adopted under section | 12364 |
| 503.53 of the Revised Code in a township in the county served by | 12365 |
| the prosecuting attorney, all of the following apply: | 12366 |
| (i) Upon the request of a township in the county that has | 12367 |
| adopted, or in which has been adopted, a resolution of that nature | 12368 |
| that is made pursuant to division (E)(1)(c) of section 503.52 of | 12369 |
| the Revised Code, the prosecuting attorney shall prosecute and | 12370 |
| defend on behalf of the township in the trial and argument in any | 12371 |
| court or tribunal of any challenge to the validity of the | 12372 |
| resolution. If the challenge to the validity of the resolution is | 12373 |
| before a federal court, the prosecuting attorney may request the | 12374 |
| attorney general to assist the prosecuting attorney in prosecuting | 12375 |
| and defending the challenge and, upon the prosecuting attorney's | 12376 |
| making of such a request, the attorney general shall assist the | 12377 |
| prosecuting attorney in performing that service if the resolution | 12378 |
| was drafted in accordance with legal guidance provided by the | 12379 |
| attorney general as described in division (B)(2) of section 503.52 | 12380 |
| of the Revised Code. The attorney general shall provide this | 12381 |
| assistance without charge to the township for which the service is | 12382 |
| performed. If a township adopts a resolution without the legal | 12383 |
| guidance of the attorney general, the attorney general is not | 12384 |
| required to provide assistance as described in this division to a | 12385 |
| prosecuting attorney. | 12386 |
| (ii) Upon the request of a township in the county that has | 12387 |
| adopted, or in which has been adopted, a resolution of that nature | 12388 |
| that is made pursuant to division (E)(1)(a) of section 503.52 of | 12389 |
| the Revised Code, the prosecuting attorney shall prosecute and | 12390 |
| defend on behalf of the township a civil action to enjoin the | 12391 |
| violation of the resolution in question. | 12392 |
| (iii) Upon the request of a township in the county that has | 12393 |
| adopted, or in which has been adopted, a resolution of that nature | 12394 |
| that is made pursuant to division (E)(1)(b) of section 503.52 of | 12395 |
| the Revised Code, the prosecuting attorney shall prosecute and | 12396 |
| defend on behalf of the township a civil action under Chapter | 12397 |
| 3767. of the Revised Code to abate as a nuisance the place in the | 12398 |
| unincorporated area of the township at which the resolution is | 12399 |
| being or has been violated. Proceeds from the sale of personal | 12400 |
| property or contents seized pursuant to the action shall be | 12401 |
| applied and deposited in accordance with division (E)(1)(b) of | 12402 |
| section 503.52 of the Revised Code. | 12403 |
| (b) The provisions of division (B)(2)(a) of this section | 12404 |
| apply regarding all townships, including townships that have | 12405 |
| adopted a limited home rule government pursuant to Chapter 504. of | 12406 |
| the Revised Code, and regardless of whether a township that has so | 12407 |
| adopted a limited home rule government has entered into a contract | 12408 |
| with the prosecuting attorney as described in division (B) of | 12409 |
| section 504.15 of the Revised Code or has appointed a law director | 12410 |
| as described in division (A) of that section. | 12411 |
| The prosecuting attorney shall prosecute and defend in the | 12412 |
| actions and proceedings described in division (B)(2)(a) of this | 12413 |
| section without charge to the township for which the services are | 12414 |
| performed. | 12415 |
| (C) Whenever the board of county commissioners employs an | 12416 |
| attorney other than the prosecuting attorney of the county, | 12417 |
| without the authorization of the court of common pleas as provided | 12418 |
| in section 305.14 of the Revised Code, either for a particular | 12419 |
| matter or on an annual basis, to represent the board in its | 12420 |
| official capacity and to advise it on legal matters, the board | 12421 |
| shall enter upon its journal an order of the board in which the | 12422 |
| compensation to be paid for the legal services shall be fixed. The | 12423 |
| compensation shall be paid from the county general fund. The total | 12424 |
| compensation paid, in any year, by the board for legal services | 12425 |
| under this division shall not exceed the total annual compensation | 12426 |
| of the prosecuting attorney for that county. | 12427 |
| (D) The prosecuting attorney and the board of county | 12428 |
| commissioners jointly may contract with a board of park | 12429 |
| commissioners under section 1545.07 of the Revised Code for the | 12430 |
| prosecuting attorney to provide legal services to the park | 12431 |
| district the board of park commissioners operates. | 12432 |
| (E) The prosecuting attorney may be, in the prosecuting | 12433 |
| attorney's discretion and with the approval of the board of county | 12434 |
| commissioners, the legal adviser of a joint fire district created | 12435 |
| under section 505.371 of the Revised Code at no cost to the | 12436 |
| district or may be the legal adviser to the district under a | 12437 |
| contract that the prosecuting attorney and the district enter | 12438 |
|
into, and that the board of county | 12439 |
| approves, to authorize the prosecuting attorney to provide legal | 12440 |
| services to the district. | 12441 |
| (F) The prosecuting attorney may be, in the prosecuting | 12442 |
| attorney's discretion and with the approval of the board of county | 12443 |
| commissioners, the legal adviser of a joint ambulance district | 12444 |
| created under section 505.71 of the Revised Code at no cost to the | 12445 |
| district or may be the legal adviser to the district under a | 12446 |
| contract that the prosecuting attorney and the district enter | 12447 |
| into, and that the board of county commissioners approves, to | 12448 |
| authorize the prosecuting attorney to provide legal services to | 12449 |
| the district. | 12450 |
| (G) The prosecuting attorney may be, in the prosecuting | 12451 |
| attorney's discretion and with the approval of the board of county | 12452 |
| commissioners, the legal adviser of a joint emergency medical | 12453 |
| services district created under section 307.052 of the Revised | 12454 |
| Code at no cost to the district or may be the legal adviser to the | 12455 |
| district under a contract that the prosecuting attorney and the | 12456 |
| district enter into, and that the board of county commissioners | 12457 |
| approves, to authorize the prosecuting attorney to provide legal | 12458 |
| services to the district. | 12459 |
| (H) The prosecuting attorney may be, in the prosecuting | 12460 |
| attorney's discretion and with the approval of the board of county | 12461 |
| commissioners, the legal adviser of a fire and ambulance district | 12462 |
| created under section 505.375 of the Revised Code at no cost to | 12463 |
| the district or may be the legal adviser to the district under a | 12464 |
| contract that the prosecuting attorney and the district enter | 12465 |
| into, and that the board of county commissioners approves, to | 12466 |
| authorize the prosecuting attorney to provide legal services to | 12467 |
| the district. | 12468 |
| (I) All money received pursuant to a contract entered into | 12469 |
| under division (D), (E), (F), (G), or (H) of this section shall be | 12470 |
| deposited into the prosecuting attorney's legal services fund, | 12471 |
| which shall be established in the county treasury of each county | 12472 |
| in which such a contract exists. Moneys in that fund may be | 12473 |
| appropriated only to the prosecuting attorney for the purpose of | 12474 |
| providing legal services to a park district, joint fire district, | 12475 |
| joint ambulance district, joint emergency medical services | 12476 |
| district, or a fire and ambulance district, as applicable, under a | 12477 |
| contract entered into under the applicable division. | 12478 |
| Sec. 313.121. (A) As used in this section, "parent" means | 12479 |
| either parent, except that if one parent has been designated the | 12480 |
| residential parent and legal custodian of the child, "parent" | 12481 |
| means the designated residential parent and legal custodian, and | 12482 |
| if a person other than a parent is the child's legal guardian, | 12483 |
| "parent" means the legal guardian. | 12484 |
| (B) If a child under two years of age dies suddenly when in | 12485 |
| apparent good health, the death shall be reported immediately to | 12486 |
| the coroner of the county in which the death occurred, as required | 12487 |
| by section 313.12 of the Revised Code. Except as provided in | 12488 |
| division (C) of this section, the coroner or deputy coroner shall | 12489 |
| perform an autopsy on the child. The autopsy shall be performed in | 12490 |
|
accordance with | 12491 |
| director of health under section 313.122 of the Revised Code. The | 12492 |
| coroner or deputy coroner may perform research procedures and | 12493 |
| tests when performing the autopsy. | 12494 |
| (C) A coroner or deputy coroner is not required to perform an | 12495 |
| autopsy if the coroner of the county in which the death occurred | 12496 |
| or a court with jurisdiction over the deceased body determines | 12497 |
| under section 313.131 of the Revised Code that an autopsy is | 12498 |
| contrary to the religious beliefs of the child. If the coroner or | 12499 |
| the court makes such a determination, the coroner shall notify the | 12500 |
| health district or department of health with jurisdiction in the | 12501 |
| area in which the child's parent resides. For purposes of this | 12502 |
| division, the religious beliefs of the parents of a child shall be | 12503 |
| considered to be the religious beliefs of the child. | 12504 |
| (D) If the child's parent makes a written or verbal request | 12505 |
| for the preliminary results of the autopsy after the results are | 12506 |
|
available, the coroner, or a person designated by
| 12507 |
| shall give the parent an oral statement of the preliminary | 12508 |
| results. | 12509 |
| The coroner, within a reasonable time after the final results | 12510 |
| of the autopsy are reported, shall send written notice of the | 12511 |
| results to the state department of health, the health district or | 12512 |
| department with jurisdiction in the area in which the child's | 12513 |
| parent resides, and, upon the request of a parent of the child, to | 12514 |
| the child's attending physician. Upon the written request of a | 12515 |
| parent of the child and the payment of the transcript fee required | 12516 |
| by section 313.10 of the Revised Code, the coroner shall send | 12517 |
| written notice of the final results to that parent. The notice | 12518 |
| sent to the state department of health shall include all of the | 12519 |
|
information specified | 12520 |
| rules adopted under section 313.122 of the Revised Code. | 12521 |
| (E) On the occurrence of any of the following, the health | 12522 |
| district or department with jurisdiction in the area in which the | 12523 |
| child's parent resides shall offer the parent any counseling or | 12524 |
| other supportive services it has available: | 12525 |
| (1) When it learns through any source that an autopsy is | 12526 |
| being performed on a child under two years of age who died | 12527 |
| suddenly when in apparent good health; | 12528 |
| (2) When it receives notice that the final result of an | 12529 |
| autopsy performed pursuant to this section concluded that the | 12530 |
| child died of sudden infant death syndrome; | 12531 |
| (3) When it is notified by the coroner that, pursuant to | 12532 |
| division (C) of this section, an autopsy was not performed. | 12533 |
| (F) When a health district or department receives notice that | 12534 |
| the final result of an autopsy performed pursuant to this section | 12535 |
| concluded that the child died of sudden infant death syndrome or | 12536 |
| that, pursuant to division (C) of this section, an autopsy was not | 12537 |
| performed but sudden infant death syndrome may have been the cause | 12538 |
| of death, it shall offer the child's parent information about | 12539 |
| sudden infant death syndrome. The state department of health shall | 12540 |
| ensure that current information on sudden infant death syndrome is | 12541 |
| available for distribution by health districts and departments. | 12542 |
| Sec. 313.122. The | 12543 |
| reviewing and considering any recommendations made by the Ohio | 12544 |
| state coroners association, shall adopt rules in accordance with | 12545 |
| Chapter 119. of the Revised Code establishing a protocol governing | 12546 |
| the performance of autopsies under section 313.121 of the Revised | 12547 |
| Code. The rules shall specify the information derived from an | 12548 |
| autopsy that a coroner is required to report to the state | 12549 |
|
department of health. The | 12550 |
| amend the rules adopted under this section unless it notifies the | 12551 |
| Ohio state coroners association of the proposed changes and | 12552 |
| consults with the association. | 12553 |
| Sec. 313.16. In counties where no coroner's laboratory has | 12554 |
| been established or where the coroner's laboratory does not have | 12555 |
|
the equipment or personnel to follow the protocol established | 12556 |
| 12557 | |
| 12558 | |
| request a coroner of a county in which such a laboratory is | 12559 |
|
established or that has a laboratory able to follow the | 12560 |
| 12561 | |
| laboratory examinations, the cost of which shall be no greater | 12562 |
| than the actual value of the services of technicians and the | 12563 |
| materials used in performing such examination. Money derived from | 12564 |
| the fees paid for these examinations shall be kept in a special | 12565 |
| fund, for the use of the coroner's laboratory, from which fund | 12566 |
| replacements can be made. Such funds shall be used to purchase | 12567 |
| necessary supplies and equipment for the laboratory and to pay any | 12568 |
| associated costs incurred in the administration of this section at | 12569 |
| the coroner's discretion. | 12570 |
| Sec. 317.24. (A) As used in this section: | 12571 |
| (1) "Authorized party" means any of the following: | 12572 |
| (a) The person who is the subject of the record of discharge; | 12573 |
| (b) A county veterans service officer | 12574 |
| by the department of veterans services; | 12575 |
| (c) An attorney-in-fact, agent, or other representative of | 12576 |
| the person who is the subject of the record of discharge, if | 12577 |
| authorized to inspect or copy the record of discharge by that | 12578 |
| person in a power of attorney or other document; | 12579 |
| | 12580 |
| of record to inspect or copy the record of discharge; | 12581 |
| | 12582 |
| discharge is deceased, the executor or administrator, or an heir, | 12583 |
| legatee, or devisee, of the person's estate or a funeral director | 12584 |
| who is to perform the funeral for the deceased person. | 12585 |
| (2) "Separation code" or "separation program number" means | 12586 |
| the coded number or numbers used to specify the reasons for a | 12587 |
| person's separation from active duty, as contained in one of the | 12588 |
| following: | 12589 |
| (a) Regarding a separation code, as contained in line 23 or | 12590 |
| 26 of a veteran's discharge paper, United States department of | 12591 |
| defense form DD-214; | 12592 |
| (b) Regarding a separation program number, as contained in | 12593 |
| line 9(c) or line 11(c) of a veteran's discharge paper, under | 12594 |
| prior versions of United States department of defense form DD-214. | 12595 |
| (3) "Service-related document" means any United States | 12596 |
| department of defense form DD-215 or DD-220, or any National Guard | 12597 |
| Bureau form NGB-22 or NGB-22A. | 12598 |
| (B)(1) Upon request of any discharged member of the armed | 12599 |
| forces of the United States and presentation of the member's | 12600 |
| discharge, the county recorder shall record the discharge in a | 12601 |
| book to be furnished by the board of county commissioners for that | 12602 |
| purpose. There shall be no fee for the recording. The record of | 12603 |
| discharge, or a certified copy of the record, shall be received in | 12604 |
| evidence in all cases where the original discharge would be | 12605 |
| received. | 12606 |
| (2)(a) A discharge recorded under division (B)(1) or (D) of | 12607 |
| this section is not a public record under section 149.43 of the | 12608 |
| Revised Code for a period of seventy-five years after the date of | 12609 |
| the recording. During that period, the county recorder's office | 12610 |
| shall make the record of discharge available only to an authorized | 12611 |
| party or to a person other than an authorized party as provided by | 12612 |
| division (B)(2)(b) of this section. Except as provided in section | 12613 |
| 317.27 of the Revised Code, the authorized party shall pay the | 12614 |
| reasonable costs of copying the record of discharge. | 12615 |
| (b) A person other than an authorized party may request to | 12616 |
| view or receive a copy of a discharge record recorded under | 12617 |
| division (B)(1) or (D) of this section. Upon such a person's | 12618 |
| request, the county recorder's office shall provide a copy of the | 12619 |
| discharged record to the person that shall be redacted to contain | 12620 |
| only the name, rank, date of birth, date of discharge, and type of | 12621 |
| discharge of the person who is the subject of the discharge | 12622 |
| record. Except as provided in section 317.27 of the Revised Code, | 12623 |
| a person other than an authorized party shall pay the reasonable | 12624 |
| costs of copying the record of discharge. | 12625 |
| (3) A county veterans service officer, who is an authorized | 12626 |
| party, may request to receive, from a county recorder's office, a | 12627 |
| record of discharge if the veterans service officer has a need for | 12628 |
| access to the record of discharge for the purpose of supporting a | 12629 |
| veteran's claim for benefits, and the county recorder's office | 12630 |
| shall make the record available to the county veterans service | 12631 |
| officer. | 12632 |
| (C) Upon application by a person whose discharge has been | 12633 |
| recorded pursuant to this section, the county recorder shall, | 12634 |
| without fee, expunge the person's record of discharge, expunge the | 12635 |
| person's separation program number or separation code from the | 12636 |
| person's record of discharge and from any of the person's other | 12637 |
| service-related documents that have been recorded, or expunge the | 12638 |
| person's social security number from the person's record of | 12639 |
| discharge and from any of the person's other service-related | 12640 |
| documents that have been recorded. The application shall be in the | 12641 |
| following form: | 12642 |
| 12643 | |
| 12644 | |
| I, ................ (Name of Applicant), the undersigned, | 12645 |
| hereby request the County Recorder of the County of ............ | 12646 |
| (Name of County), state of Ohio, to expunge my .......... (Insert | 12647 |
| Record of Discharge, Separation Program Number or Separation Code | 12648 |
| from my Record of Discharge and other service-related documents, | 12649 |
| or Social Security Number from my Record of Discharge and other | 12650 |
| service-related documents). | 12651 |
| Dated this .......... day of .........., ..... | 12652 |
| ................................. |
| (Signature of Applicant) |
| Sworn to and subscribed before me by ............ (Name of | 12653 |
| Applicant) on .........., ..... | 12654 |
| ........................................ |
| Notary | 12655 |
| Public |
| My commission expires .........., | 12656 |
| ....." |
| (D) Upon the request of any person who served during World | 12657 |
| War I or World War II as a member of any armed force of the | 12658 |
| government of Poland or Czechoslovakia and participated while so | 12659 |
| serving in armed conflict with an enemy of the United States and | 12660 |
| who has been a citizen of the United States for at least ten | 12661 |
| years, and the presentation of the person's discharge, the county | 12662 |
| recorder shall record the person's discharge in a book to be | 12663 |
| furnished by the board of county commissioners for that purpose. | 12664 |
| No fee shall be charged for the recording. The record, or a | 12665 |
| certified copy of it, shall be received in evidence in all cases | 12666 |
| where the original would be received. | 12667 |
| Sec. 319.09. The county auditor, if authorized by a | 12668 |
| resolution of the board of county commissioners, may serve as the | 12669 |
| fiscal officer of any department, office, or agency of the county. | 12670 |
| Sec. 319.59. (A)(1) Each county sealer of weights and | 12671 |
|
measures shall appoint, by writing under | 12672 |
| hand and seal, one or more inspectors, who shall compare weights | 12673 |
|
and measures | 12674 |
|
use within
| 12675 |
| the office of the county sealer for that purpose, with the copies | 12676 |
|
of the standards in the possession of the county sealer. | 12677 |
| 12678 | |
| or inspectors appointed under this division with another county | 12679 |
| sealer, provided that the inspector remains a part-time employee | 12680 |
| of each county by whom the inspector is employed. If the inspector | 12681 |
| becomes a full-time employee of one county, the inspector's | 12682 |
| employment with the other county shall be terminated. | 12683 |
| (2) In lieu of appointing or sharing inspectors under | 12684 |
| division (A)(1) of this section, the county sealer may enter into | 12685 |
| a contract with a private person to employ the person to perform | 12686 |
| the same services that an inspector appointed under this section | 12687 |
| would perform. Each person employed under this division shall meet | 12688 |
| the training and continuing education requirements established for | 12689 |
| weights and measures inspector personnel by the director of | 12690 |
| agriculture under Chapter 1327. of the Revised Code and under | 12691 |
| rules promulgated thereunder. | 12692 |
| (B) Inspectors appointed under division (A)(1) of this | 12693 |
| section shall receive a salary fixed by the county sealer and | 12694 |
| private persons employed under division (A)(2) of this section | 12695 |
| shall receive the compensation specified in the contract, to be | 12696 |
| paid by the county, which shall be instead of all fees or charges | 12697 |
| otherwise allowed by law. Such inspectors and private persons | 12698 |
| shall also be employed by the county sealer to assist in the | 12699 |
| prosecution of all violations of law relating to weights and | 12700 |
| measures. | 12701 |
| Sec. 321.49. A county treasurer who receives the fee required | 12702 |
| under division (K) of section 1509.06 of the Revised Code shall | 12703 |
| create in the county treasury an oil and gas escrow fund. The | 12704 |
| treasurer shall deposit any money received by the treasurer under | 12705 |
| that division into the fund. The treasurer shall notify the county | 12706 |
| auditor whenever the treasurer deposits money into the fund. | 12707 |
| Within ten days after receiving such a notice from the | 12708 |
| treasurer, the auditor shall schedule a hearing of the county | 12709 |
| budget commission and notify applicable taxing authorities as | 12710 |
| provided in section 5705.27 of the Revised Code. | 12711 |
| Sec. 329.01. In each county, except as provided in section | 12712 |
| 329.40 of the Revised Code, there shall be a county department of | 12713 |
| job and family services which, when so established, shall be | 12714 |
| governed by this chapter. The department shall consist of a county | 12715 |
| director of job and family services appointed by the board of | 12716 |
| county commissioners, and such assistants and other employees as | 12717 |
| are necessary for the efficient performance of the functions of | 12718 |
| the county department. Before entering upon the discharge of the | 12719 |
| director's official duties, the director shall give a bond, | 12720 |
| conditioned for the faithful performance of those official duties, | 12721 |
| in such sum as fixed by the board. The director may require any | 12722 |
| assistant or employee under the director's jurisdiction to give a | 12723 |
| bond in such sum as determined by the board. All bonds given under | 12724 |
| this section shall be with a surety or bonding company authorized | 12725 |
| to do business in this state, conditioned for the faithful | 12726 |
| performance of the duties of such director, assistant, or | 12727 |
| employee. The expense or premium for any bond required by this | 12728 |
| section shall be paid from the appropriation for administrative | 12729 |
| expenses of the department. Such bond shall be deposited with the | 12730 |
| county treasurer and kept in the treasurer's office. | 12731 |
| As used in the Revised Code: | 12732 |
| (A) "County department of job and family services" means the | 12733 |
| county department of job and family services established under | 12734 |
| this section, including an entity designated a county department | 12735 |
| of job and family services under section 307.981 of the Revised | 12736 |
|
Code, or | 12737 |
| established under section 329.40 of the Revised Code. | 12738 |
| (B) "County director of job and family services" means the | 12739 |
| county director of job and family services appointed under this | 12740 |
| section or under section 329.41 of the Revised Code. | 12741 |
| Sec. 329.40. (A)(1) The boards of county commissioners of | 12742 |
| 12743 | |
| entering into a written agreement, may form a joint county | 12744 |
| department of job and family services to perform the duties, | 12745 |
| provide the services, and operate the programs required under this | 12746 |
|
chapter. | 12747 |
| 12748 | |
| ratified by resolution of the board of county commissioners of | 12749 |
| each county that entered into the agreement. Each board of county | 12750 |
|
commissioners that enters into | 12751 |
| of the agreement to the Ohio department of job and family services | 12752 |
| at least ninety days before the agreement's effective date. The | 12753 |
| agreement shall take effect not earlier than the first day of the | 12754 |
| calendar quarter following the ninety-day notice period. The | 12755 |
| director of job and family services shall adopt, as an internal | 12756 |
| management rule under section 111.15 of the Revised Code, the form | 12757 |
| in which the notice shall be given. | 12758 |
| (2) The boards of county commissioners of the counties | 12759 |
|
forming | 12760 |
| collectively, the board of directors of the joint county | 12761 |
| department of job and family services. On the effective date of | 12762 |
| the agreement, the board of directors shall take control of and | 12763 |
| manage the joint county department subject to this chapter and all | 12764 |
| other sections of the Revised Code that govern the authority and | 12765 |
| responsibilities of a single board of county commissioners in the | 12766 |
| operation of a single county department of job and family | 12767 |
| services. | 12768 |
| (B)(1) | 12769 |
| department shall specify all of the following: | 12770 |
| (a) The obligations of each board of county commissioners in | 12771 |
| operating the joint county department, including requiring each | 12772 |
| board to provide state, federal, and county funds to the operation | 12773 |
| of the joint county department and the schedule for provision of | 12774 |
| those funds; | 12775 |
| (b) How and which facilities, equipment, and personnel will | 12776 |
| be shared; | 12777 |
| (c) Procedures for the division of resources and obligations | 12778 |
| 12779 | |
|
county department | 12780 |
| (d) Any contributions of participating counties establishing | 12781 |
| the joint county department and the rights of those counties in | 12782 |
| lands or personal property, or rights or interests therein, | 12783 |
| contributed to or otherwise acquired by the joint county | 12784 |
| department. | 12785 |
| (2) | 12786 |
| department may set forth any or all of the following: | 12787 |
| (a) Quality, timeliness, and other standards to be met by | 12788 |
| each county; | 12789 |
| (b) Which family service programs and functions are to be | 12790 |
| included in the joint county department; | 12791 |
| (c) Procedures for the operation of the board of directors, | 12792 |
| including procedures governing the frequency of meetings and the | 12793 |
| number of members of the board required to constitute a quorum to | 12794 |
| take action; | 12795 |
| (d) Any other procedures or standards necessary for the joint | 12796 |
| county department to perform its duties and operate efficiently. | 12797 |
| (C) | 12798 |
| board of directors of the joint county department, but no | 12799 |
| amendment shall divest a participating county of any right or | 12800 |
| interest in lands or personal property without its consent. | 12801 |
| (D) Costs incurred in operating | 12802 |
| shall be paid from a joint general fund created by the board of | 12803 |
| directors, except as may be otherwise provided in the agreement. | 12804 |
| Sec. 329.41. (A) The board of directors of | 12805 |
| county department of job and family services formed under section | 12806 |
| 329.40 of the Revised Code shall appoint and fix the compensation | 12807 |
|
of | 12808 |
| the pleasure of the board of directors. Under the direction and | 12809 |
| control of the board, the director shall have full charge of the | 12810 |
| department as set forth in section 329.02 of the Revised Code for | 12811 |
| the director of a single county department of job and family | 12812 |
| services. | 12813 |
| (B) The board of directors may appoint up to three | 12814 |
| administrators to oversee services provided by the joint county | 12815 |
| department. Administrators shall be in the unclassified service. | 12816 |
| (C) Employees of | 12817 |
| family services shall be appointed by the director of the joint | 12818 |
| county department and, except as provided in this section, shall | 12819 |
|
be in the classified service. The employees of | 12820 |
| department shall be considered county employees for the purposes | 12821 |
| of Chapter 124. of the Revised Code and other provisions of state | 12822 |
| law applicable to county employees. Instead of or in addition to | 12823 |
|
appointing these employees, | 12824 |
|
use the employees of one or more of the counties that formed | 12825 |
| joint county department in the service of the joint county | 12826 |
| department and to share in their compensation in any manner that | 12827 |
| may be agreed upon. | 12828 |
| (D) Notwithstanding any other section of the Revised Code, if | 12829 |
| an employee's separation from county service occurs in connection | 12830 |
|
with a county joining or withdrawing from | 12831 |
| department of job and family services, the board of county | 12832 |
| commissioners that initially appointed the employee shall have no | 12833 |
| obligation to pay any compensation with respect to unused vacation | 12834 |
| or sick leave accrued to the credit of the employee if the | 12835 |
| employee accepts employment with the joint county department or a | 12836 |
| withdrawing county. At the effective time of separation from | 12837 |
| county service, the joint county department or the withdrawing | 12838 |
| county, as the case may be, shall assume such unused vacation and | 12839 |
| sick leave accrued to the employee's credit. | 12840 |
| Sec. 329.42. The county auditor of the county with the | 12841 |
|
largest population that formed | 12842 |
| job and family services under section 329.40 of the Revised Code | 12843 |
| shall serve as the fiscal officer of the joint county department, | 12844 |
| and the county treasurer of that county shall serve as the | 12845 |
| treasurer of the joint county department, unless the counties that | 12846 |
| formed the joint county department agree to appoint the county | 12847 |
| auditor and county treasurer of another county that formed the | 12848 |
| department. In either case, these county officers shall perform | 12849 |
| any applicable duties for the joint county department as each | 12850 |
| typically performs for the county of which the individual is an | 12851 |
| officer. The board of directors of the joint county department may | 12852 |
| pay to that county any amount agreed upon by the board of | 12853 |
| directors and the board of county commissioners of that county to | 12854 |
| reimburse the county for the costs that are properly allocable to | 12855 |
| the service of its officers as fiscal officer and treasurer of the | 12856 |
| joint county department. | 12857 |
| Sec. 329.43. (A) The prosecuting attorney of the county | 12858 |
|
with the largest population that formed | 12859 |
| department of job and family services under section 329.40 of the | 12860 |
| Revised Code shall serve as the legal advisor of the board of | 12861 |
| directors of the joint county department, unless the counties that | 12862 |
| formed the joint county department agree to appoint the | 12863 |
| prosecuting attorney of another county that formed the joint | 12864 |
| county department as legal advisor of the board. The board of | 12865 |
| directors may pay to the county of the prosecuting attorney who is | 12866 |
| the legal advisor of the board any amount agreed upon by the board | 12867 |
| of directors and the board of county commissioners of that county | 12868 |
| to reimburse that county for the costs that are properly allocable | 12869 |
| to the service of its prosecuting attorney as the legal advisor of | 12870 |
| the board of directors. | 12871 |
| (B) The prosecuting attorney shall provide such services to | 12872 |
| the board of directors as are required or authorized to be | 12873 |
| provided to other county boards under Chapter 309. of the Revised | 12874 |
| Code. | 12875 |
| (C)(1) If the board of directors of | 12876 |
| department wishes to employ other legal counsel on an annual basis | 12877 |
| to serve as the board's legal advisor in place of the prosecuting | 12878 |
| attorney, the board may do so with the agreement of the | 12879 |
| prosecuting attorney. If the prosecuting attorney does not agree, | 12880 |
| the board of directors may apply to the court of common pleas of | 12881 |
| the county with the largest population that formed the joint | 12882 |
| county department for authority to employ other legal counsel on | 12883 |
| an annual basis. | 12884 |
| (2) If the board of directors of | 12885 |
| department wishes to employ other legal counsel to represent or | 12886 |
| advise the board on a particular matter in place of the | 12887 |
| prosecuting attorney, the board may do so with the agreement of | 12888 |
| the prosecuting attorney. If the prosecuting attorney does not | 12889 |
| agree, the board of directors may apply to the court of common | 12890 |
| pleas of the county with the largest population that formed the | 12891 |
| joint county department for authority to employ other legal | 12892 |
| counsel for that particular matter. | 12893 |
| (3) The prosecuting attorney who is the legal advisor of the | 12894 |
| board of directors shall be given notice of an application filed | 12895 |
| under division (C)(1) or (2) of this section and shall be afforded | 12896 |
| an opportunity to be heard. After the hearing, the court may | 12897 |
| authorize the board of directors to employ other legal counsel on | 12898 |
| an annual basis or for a particular matter only if it finds that | 12899 |
| the prosecuting attorney refuses or is unable to provide the legal | 12900 |
| services that the board requires. If the board of directors | 12901 |
| employs other legal counsel on an annual basis or for a particular | 12902 |
| matter, the board may not require the prosecuting attorney to | 12903 |
| provide legal advice, opinions, or other legal services during the | 12904 |
| period or to the extent that the board employs the other legal | 12905 |
| counsel. | 12906 |
| Sec. 329.44. (A) | 12907 |
| county department of job and family services formed under section | 12908 |
| 329.40 of the Revised Code may acquire, by purchase or lease, real | 12909 |
| property, equipment, and systems to improve, maintain, or operate | 12910 |
| family service programs within the territory served by the joint | 12911 |
| county department. A board of county commissioners may acquire, | 12912 |
| within its county, real property or any estate, interest, or right | 12913 |
| therein, by appropriation or any other method, for use by the | 12914 |
| joint county department in connection with its provision of | 12915 |
| services. Appropriation proceedings shall be conducted in | 12916 |
| accordance with Chapter 163. of the Revised Code. | 12917 |
| (B) A board of county commissioners that formed | 12918 |
| county department may contribute lands or rights or interests | 12919 |
| therein, money, other personal property or rights or interests | 12920 |
| therein, or services to the joint county department. The board of | 12921 |
| county commissioners may issue bonds or bond anticipation notes of | 12922 |
| the county to pay the cost of acquiring real property and of | 12923 |
| constructing, modifying, or upgrading a facility to house | 12924 |
| employees of the joint county department. The board of directors | 12925 |
|
of | 12926 |
| use of such a facility if it is required to do so under the | 12927 |
| agreement entered into under section 329.40 of the Revised Code. | 12928 |
| Sec. 329.45. (A)(1) A board of county commissioners that has | 12929 |
| entered into an agreement under section 329.40 of the Revised Code | 12930 |
| establishing a joint county department of job and family services | 12931 |
|
may | 12932 |
|
agreement
| 12933 |
| 12934 | |
| Upon adopting such a resolution, the board of county commissioners | 12935 |
| shall deliver a copy of the resolution to the board of directors | 12936 |
| of the joint county department. Upon receiving the resolution, the | 12937 |
| board of directors shall deliver written notice of the requested | 12938 |
| withdrawal to the boards of county commissioners of the other | 12939 |
|
county or counties that formed the joint county department. | 12940 |
| Not later than thirty days after receiving the notice, each of | 12941 |
| those boards of county commissioners shall adopt a resolution | 12942 |
| either accepting the withdrawal or objecting to the withdrawal, | 12943 |
| and shall deliver a copy of the resolution to the board of | 12944 |
| directors. | 12945 |
| (2) If any of the boards of county commissioners that formed | 12946 |
| 12947 | |
| requested withdrawal, the board of directors shall deliver written | 12948 |
| notice of the objection to each other board of county | 12949 |
| commissioners of the counties that formed the joint county | 12950 |
| department, including the board of county commissioners of the | 12951 |
|
county proposing withdrawal | 12952 |
| thirty days after sending the notice, the board of directors shall | 12953 |
|
hold a meeting | 12954 |
| 12955 | |
| directors shall determine whether the county requesting withdrawal | 12956 |
| desires to proceed with the withdrawal and, if the county does, | 12957 |
| the board of directors shall accept the withdrawal. Not later than | 12958 |
| thirty days after the determination was made, the board of | 12959 |
| directors shall deliver written notice of the withdrawal to the | 12960 |
| boards of county commissioners that formed the joint county | 12961 |
| department and to the board of county commissioners that requested | 12962 |
| withdrawal, and shall commence the withdrawal process under this | 12963 |
| section. | 12964 |
| (3) If all of the boards of county commissioners that formed | 12965 |
| 12966 | |
| commissioners requesting the withdrawal, each adopt a resolution | 12967 |
| accepting the withdrawal, the board of directors shall declare the | 12968 |
| withdrawal to be accepted. Not later than thirty days after the | 12969 |
| declaration, the board of directors shall deliver written notice | 12970 |
| of the withdrawal to all of the boards of county commissioners | 12971 |
| that formed the joint county department, including the board of | 12972 |
| county commissioners of the county requesting withdrawal, and | 12973 |
| shall commence the withdrawal process under this section. | 12974 |
| (4) The board of directors shall give notice to the Ohio | 12975 |
| department of job and family services of the withdrawal of a | 12976 |
| county under this section at least ninety days before the | 12977 |
| withdrawal becomes final. The director of job and family services | 12978 |
| shall adopt, as an internal management rule under section 111.15 | 12979 |
| of the Revised Code, the form in which the notice shall be given. | 12980 |
| (5) If a county requesting to withdraw decides to remain as a | 12981 |
|
party to the agreement establishing | 12982 |
| the board of county commissioners of that county shall rescind its | 12983 |
| original resolution requesting withdrawal and shall deliver a copy | 12984 |
| of the rescission to the board of directors of the joint county | 12985 |
|
department | 12986 |
| rescission. | 12987 |
| (B) If a county withdraws from | 12988 |
| section, the board of directors shall ascertain, apportion, and | 12989 |
| order a division of the funds on hand, credits, and real and | 12990 |
| personal property of the joint county department, either in money | 12991 |
| or in kind, on an equitable basis between the joint county | 12992 |
| department and the withdrawing county according to the agreement | 12993 |
| entered into under section 329.40 of the Revised Code and | 12994 |
| consistent with any prior contributions of the withdrawing county | 12995 |
| to the joint county department. Any debt incurred individually | 12996 |
| shall remain the responsibility of that county, unless otherwise | 12997 |
| specified in the agreement establishing the joint county | 12998 |
| department. | 12999 |
| (C) A withdrawal becomes final not earlier than the first day | 13000 |
| of the calendar quarter following the ninety-day notice period | 13001 |
| required by division (A)(4) of this section. On and after that | 13002 |
| day, the withdrawing county ceases to be a part of the joint | 13003 |
| county department, and its members of the board of directors shall | 13004 |
| cease to be members of that board. | 13005 |
| (D) If the withdrawal of one or more counties would leave | 13006 |
|
only one county participating in | 13007 |
| the board of directors shall ascertain, apportion, and order a | 13008 |
| final division of the funds on hand, credits, and real and | 13009 |
| personal property of the joint county department. On and after the | 13010 |
| day on which the latest withdrawal of a county becomes final, the | 13011 |
|
joint county department is dissolved. When | 13012 |
| department is dissolved and any indebtedness remains unpaid, the | 13013 |
| boards of county commissioners that formed the joint county | 13014 |
| department shall pay the indebtedness of the joint county | 13015 |
| department in the amounts established by the agreement at the time | 13016 |
| the indebtedness was incurred. | 13017 |
| Sec. 329.46. (A) A board of county commissioners that formed | 13018 |
| 13019 | |
| section 329.40 of the Revised Code, by adopting a resolution, may | 13020 |
| propose the removal of another county that formed the joint county | 13021 |
| department. The board of county commissioners shall send a copy of | 13022 |
| such a resolution to the board of directors of the joint county | 13023 |
|
department. | 13024 |
| copy of the resolution, the board of directors shall send a copy | 13025 |
| of the resolution to each board of county commissioners that | 13026 |
| formed the joint county department, except the board of county | 13027 |
|
commissioners proposing removal. | 13028 |
| after sending a copy of the resolution, the board of directors | 13029 |
| shall hold a hearing at which any county commissioner whose county | 13030 |
| formed the joint county department may present arguments for or | 13031 |
| against the removal. At the hearing, approval or disapproval of | 13032 |
| the removal shall be determined by a two-thirds vote of the county | 13033 |
| commissioners of the counties that formed the joint county | 13034 |
| department, with the exception of the county commissioners of the | 13035 |
| county proposed for removal. | 13036 |
| (B) The board of directors of | 13037 |
| of job and family services, by adopting a resolution by a majority | 13038 |
| vote of the members of the board, may propose removal of a county | 13039 |
|
that formed the joint county department. | 13040 |
| days after adopting such a resolution, the board of directors | 13041 |
| shall send a copy of the resolution to the board of county | 13042 |
| commissioners of each county that formed the joint county | 13043 |
| department, including the board of county commissioners of the | 13044 |
|
county proposed for removal.
| 13045 |
| after sending the copy of the resolution, the board of directors | 13046 |
| shall hold a hearing at which any member of the board may present | 13047 |
| arguments for or against the removal. At this hearing, approval or | 13048 |
| disapproval of the resolution proposing removal shall be | 13049 |
| determined by a two-thirds vote of the members of the board of | 13050 |
| directors, with the exception of the board members who represent | 13051 |
| the county proposed for removal. | 13052 |
| (C) If removal of a county is approved under this section, | 13053 |
| the board of directors shall give written notice of the approval | 13054 |
| to the Ohio department of job and family services at least ninety | 13055 |
| days before the removal takes effect. The director of job and | 13056 |
| family services shall adopt, as an internal management rule under | 13057 |
| section 111.15 of the Revised Code, the form in which the notice | 13058 |
| shall be given. | 13059 |
| (D) Removal of a county under this section shall take effect | 13060 |
| not earlier than the first day of the calendar quarter following | 13061 |
| the ninety-day notice period required by division (C) of this | 13062 |
| section. | 13063 |
| (E) If, at any time, the county proposed for removal under | 13064 |
| division (A) or (B) of this section notifies the board of | 13065 |
| directors, by a majority vote of that county's board of county | 13066 |
| commissioners, that it chooses to withdraw from the joint county | 13067 |
| department, the withdrawal procedure established under section | 13068 |
| 329.45 of the Revised Code shall be put immediately into motion. | 13069 |
| Sec. 330.04. If, for the purpose of Chapter 6301. of the | 13070 |
| Revised Code, a county is the type of local area defined in | 13071 |
| division (A)(2) of section 6301.01 of the Revised Code, the board | 13072 |
| of county commissioners serving the county shall adopt a | 13073 |
| resolution establishing or designating a workforce development | 13074 |
| agency to provide workforce development activities for the county. | 13075 |
| The board shall adopt the resolution not later than July 1, 2000. | 13076 |
| The board may establish or designate any of the following as | 13077 |
| the workforce development agency: | 13078 |
| (A) The county department of job and family services; | 13079 |
| (B) A separate agency under the direct control of the board | 13080 |
| and administered by an official appointed by the board; | 13081 |
| (C) An entity serving the county on | 13082 |
| 13083 | |
| in which a workforce development agency is to serve the county on | 13084 |
|
and after
| 13085 |
| (D) An entity located in or outside the county that provides | 13086 |
|
workforce development activities in the county on | 13087 |
| 13088 |
| (E) Any private or government entity designated under section | 13089 |
| 307.981 of the Revised Code; | 13090 |
| (F) | 13091 |
| established under section 329.40 of the Revised Code. | 13092 |
| Sec. 339.091. Before the board of county commissioners, | 13093 |
| board of county hospital trustees, or county hospital commission | 13094 |
| may enter into an initial agreement for the acquisition, | 13095 |
| operation, or lease under section 140.03, 140.05, 339.09, or | 13096 |
| 339.14 of the Revised Code of a county hospital operated by a | 13097 |
| board of county hospital trustees under section 339.06 of the | 13098 |
| Revised Code, the board of county commissioners shall review the | 13099 |
| agreement. If it finds that the agreement will meet the needs of | 13100 |
| the residents of the county for hospital service, the board of | 13101 |
| county commissioners may adopt a resolution authorizing the board | 13102 |
| of county commissioners, board of county hospital trustees, or | 13103 |
| county hospital commission to enter into the agreement. On | 13104 |
| adoption of the resolution, the board of county commissioners, | 13105 |
| board of county hospital trustees, or county hospital commission | 13106 |
| may enter into the agreement. | 13107 |
| The requirements of this section do not apply to an agreement | 13108 |
| if one or more hospitals classified as general hospitals by the | 13109 |
| 13110 | |
| Revised Code are operating in the same county as the county | 13111 |
| hospital. | 13112 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 13113 |
| mental health after consultation with relevant constituencies as | 13114 |
| required by division (L) of section 5119.06 of the Revised Code, | 13115 |
| with regard to mental health services, the board of alcohol, drug | 13116 |
| addiction, and mental health services shall: | 13117 |
| (1) Serve as the community mental health planning agency for | 13118 |
| the county or counties under its jurisdiction, and in so doing it | 13119 |
| shall: | 13120 |
| (a) Evaluate the need for facilities and community mental | 13121 |
| health services; | 13122 |
| (b) In cooperation with other local and regional planning and | 13123 |
| funding bodies and with relevant ethnic organizations, assess the | 13124 |
| community mental health needs, set priorities, and develop plans | 13125 |
| for the operation of facilities and community mental health | 13126 |
| services; | 13127 |
| (c) In accordance with guidelines issued by the director of | 13128 |
| mental health after consultation with board representatives, | 13129 |
| annually develop and submit to the department of mental health a | 13130 |
| community mental health plan listing community mental health | 13131 |
| needs, including the needs of all residents of the district now | 13132 |
| residing in state mental institutions and severely mentally | 13133 |
| disabled adults, children, and adolescents; all children subject | 13134 |
| to a determination made pursuant to section 121.38 of the Revised | 13135 |
| Code; and all the facilities and community mental health services | 13136 |
| that are or will be in operation or provided during the period for | 13137 |
| which the plan will be in operation in the service district to | 13138 |
| meet such needs. | 13139 |
| The plan shall include, but not be limited to, a statement of | 13140 |
| which of the services listed in section 340.09 of the Revised Code | 13141 |
| the board intends to make available. The board must include crisis | 13142 |
| intervention services for individuals in an emergency situation in | 13143 |
| the plan and explain how the board intends to make such services | 13144 |
| available. The plan must also include a statement of the inpatient | 13145 |
| and community-based services the board proposes that the | 13146 |
| department operate, an assessment of the number and types of | 13147 |
| residential facilities needed, such other information as the | 13148 |
| department requests, and a budget for moneys the board expects to | 13149 |
| receive. The department shall approve or disapprove the plan, in | 13150 |
| whole or in part, according to the criteria developed pursuant to | 13151 |
| section 5119.61 of the Revised Code. The department's statement of | 13152 |
| approval or disapproval shall specify the inpatient and the | 13153 |
| community-based services that the department will operate for the | 13154 |
| board. Eligibility for state and federal funding shall be | 13155 |
| contingent upon an approved plan or relevant part of a plan. | 13156 |
| If a board determines that it is necessary to amend a plan or | 13157 |
| an allocation request that has been approved under division | 13158 |
| (A)(1)(c) of this section, the board shall submit a proposed | 13159 |
| amendment to the director. The director may approve or disapprove | 13160 |
| all or part of the amendment. The director shall inform the board | 13161 |
| of the reasons for disapproval of all or part of an amendment and | 13162 |
| of the criteria that must be met before the amendment may be | 13163 |
| approved. The director shall provide the board an opportunity to | 13164 |
| present its case on behalf of the amendment. The director shall | 13165 |
| give the board a reasonable time in which to meet the criteria, | 13166 |
| and shall offer the board technical assistance to help it meet the | 13167 |
| criteria. | 13168 |
| The board shall implement the plan approved by the | 13169 |
| department. | 13170 |
| (d) Promote, arrange, and implement working agreements with | 13171 |
| social agencies, both public and private, and with judicial | 13172 |
| agencies. | 13173 |
| (2) Investigate, or request another agency to investigate, | 13174 |
| any complaint alleging abuse or neglect of any person receiving | 13175 |
| services from a community mental health agency as defined in | 13176 |
|
section 5122.01 of the Revised Code | 13177 |
| neglect of a person with mental illness or severe mental | 13178 |
| disability residing in a residential facility licensed under | 13179 |
| section 5119.22 of the Revised Code. If the investigation | 13180 |
| substantiates the charge of abuse or neglect, the board shall take | 13181 |
| whatever action it determines is necessary to correct the | 13182 |
| situation, including notification of the appropriate authorities. | 13183 |
| Upon request, the board shall provide information about such | 13184 |
| investigations to the department. | 13185 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 13186 |
| cooperate with the director of mental health in visiting and | 13187 |
| evaluating whether the services of a community mental health | 13188 |
| agency satisfy the certification standards established by rules | 13189 |
| adopted under that section; | 13190 |
| (4) In accordance with criteria established under division | 13191 |
| (E) of section 5119.61 of the Revised Code, review and evaluate | 13192 |
| the quality, effectiveness, and efficiency of services provided | 13193 |
| through its community mental health plan and submit its findings | 13194 |
| and recommendations to the department of mental health; | 13195 |
| (5) In accordance with section 5119.22 of the Revised Code, | 13196 |
| review applications for residential facility licenses and | 13197 |
| recommend to the department of mental health approval or | 13198 |
| disapproval of applications; | 13199 |
| (6) Audit, in accordance with rules adopted by the auditor of | 13200 |
| state pursuant to section 117.20 of the Revised Code, at least | 13201 |
| annually all programs and services provided under contract with | 13202 |
| the board. In so doing, the board may contract for or employ the | 13203 |
| services of private auditors. A copy of the fiscal audit report | 13204 |
| shall be provided to the director of mental health, the auditor of | 13205 |
| state, and the county auditor of each county in the board's | 13206 |
| district. | 13207 |
| (7) Recruit and promote local financial support for mental | 13208 |
| health programs from private and public sources; | 13209 |
| (8)(a) Enter into contracts with public and private | 13210 |
| facilities for the operation of facility services included in the | 13211 |
| board's community mental health plan and enter into contracts with | 13212 |
| public and private community mental health agencies for the | 13213 |
| provision of community mental health services that are listed in | 13214 |
| section 340.09 of the Revised Code and included in the board's | 13215 |
| community mental health plan. The board may not contract with a | 13216 |
| community mental health agency to provide community mental health | 13217 |
| services included in the board's community mental health plan | 13218 |
| unless the services are certified by the director of mental health | 13219 |
| under section 5119.611 of the Revised Code. Section 307.86 of the | 13220 |
| Revised Code does not apply to contracts entered into under this | 13221 |
| division. In contracting with a community mental health agency, a | 13222 |
| board shall consider the cost effectiveness of services provided | 13223 |
| by that agency and the quality and continuity of care, and may | 13224 |
| review cost elements, including salary costs, of the services to | 13225 |
| be provided. A utilization review process shall be established as | 13226 |
| part of the contract for services entered into between a board and | 13227 |
| a community mental health agency. The board may establish this | 13228 |
| process in a way that is most effective and efficient in meeting | 13229 |
| local needs. Until July 1, 2012, a contract with a community | 13230 |
| mental health agency or facility, as defined in section 5111.023 | 13231 |
| of the Revised Code, to provide services listed in division (B) of | 13232 |
| that section shall provide for the agency or facility to be paid | 13233 |
| in accordance with the contract entered into between the | 13234 |
| departments of job and family services and mental health under | 13235 |
| section 5111.91 of the Revised Code and any rules adopted under | 13236 |
| division (A) of section 5119.61 of the Revised Code. | 13237 |
| If either the board or a facility or community mental health | 13238 |
| agency with which the board contracts under division (A)(8)(a) of | 13239 |
| this section proposes not to renew the contract or proposes | 13240 |
| substantial changes in contract terms, the other party shall be | 13241 |
| given written notice at least one hundred twenty days before the | 13242 |
| expiration date of the contract. During the first sixty days of | 13243 |
| this one hundred twenty-day period, both parties shall attempt to | 13244 |
| resolve any dispute through good faith collaboration and | 13245 |
| negotiation in order to continue to provide services to persons in | 13246 |
| need. If the dispute has not been resolved sixty days before the | 13247 |
|
expiration date of the contract, either party may | 13248 |
| notify the department of mental health of the unresolved dispute. | 13249 |
| The director may require both parties to submit the dispute to a | 13250 |
| third party with the cost to be shared by the board and the | 13251 |
| facility or community mental health agency. The third party shall | 13252 |
|
issue to the board | 13253 |
| recommendations on how the dispute may be resolved twenty days | 13254 |
| prior to the expiration date of the contract, unless both parties | 13255 |
| agree to a time extension. The director shall adopt rules | 13256 |
| establishing the procedures of this dispute resolution process. | 13257 |
| (b) With the prior approval of the director of mental health, | 13258 |
| a board may operate a facility or provide a community mental | 13259 |
| health service as follows, if there is no other qualified private | 13260 |
| or public facility or community mental health agency that is | 13261 |
| immediately available and willing to operate such a facility or | 13262 |
| provide the service: | 13263 |
| (i) In an emergency situation, any board may operate a | 13264 |
| facility or provide a community mental health service in order to | 13265 |
| provide essential services for the duration of the emergency; | 13266 |
| (ii) In a service district with a population of at least one | 13267 |
| hundred thousand but less than five hundred thousand, a board may | 13268 |
| operate a facility or provide a community mental health service | 13269 |
| for no longer than one year; | 13270 |
| (iii) In a service district with a population of less than | 13271 |
| one hundred thousand, a board may operate a facility or provide a | 13272 |
| community mental health service for no longer than one year, | 13273 |
| except that such a board may operate a facility or provide a | 13274 |
| community mental health service for more than one year with the | 13275 |
| prior approval of the director and the prior approval of the board | 13276 |
| of county commissioners, or of a majority of the boards of county | 13277 |
| commissioners if the district is a joint-county district. | 13278 |
| The director shall not give a board approval to operate a | 13279 |
| facility or provide a community mental health service under | 13280 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 13281 |
| director determines that it is not feasible to have the department | 13282 |
| operate the facility or provide the service. | 13283 |
| The director shall not give a board approval to operate a | 13284 |
| facility or provide a community mental health service under | 13285 |
| division (A)(8)(b)(iii) of this section unless the director | 13286 |
| determines that the board will provide greater administrative | 13287 |
| efficiency and more or better services than would be available if | 13288 |
| the board contracted with a private or public facility or | 13289 |
| community mental health agency. | 13290 |
| The director shall not give a board approval to operate a | 13291 |
| facility previously operated by a person or other government | 13292 |
| entity unless the board has established to the director's | 13293 |
| satisfaction that the person or other government entity cannot | 13294 |
| effectively operate the facility or that the person or other | 13295 |
| government entity has requested the board to take over operation | 13296 |
| of the facility. The director shall not give a board approval to | 13297 |
| provide a community mental health service previously provided by a | 13298 |
| community mental health agency unless the board has established to | 13299 |
| the director's satisfaction that the agency cannot effectively | 13300 |
| provide the service or that the agency has requested the board | 13301 |
| take over providing the service. | 13302 |
| The director shall review and evaluate a board's operation of | 13303 |
| a facility and provision of community mental health service under | 13304 |
| division (A)(8)(b) of this section. | 13305 |
| Nothing in division (A)(8)(b) of this section authorizes a | 13306 |
| board to administer or direct the daily operation of any facility | 13307 |
| or community mental health agency, but a facility or agency may | 13308 |
| contract with a board to receive administrative services or staff | 13309 |
| direction from the board under the direction of the governing body | 13310 |
| of the facility or agency. | 13311 |
| (9) Approve fee schedules and related charges or adopt a unit | 13312 |
| cost schedule or other methods of payment for contract services | 13313 |
| provided by community mental health agencies in accordance with | 13314 |
| guidelines issued by the department as necessary to comply with | 13315 |
| state and federal laws pertaining to financial assistance; | 13316 |
| (10) Submit to the director and the county commissioners of | 13317 |
| the county or counties served by the board, and make available to | 13318 |
| the public, an annual report of the programs under the | 13319 |
| jurisdiction of the board, including a fiscal accounting; | 13320 |
| (11) Establish, to the extent resources are available, a | 13321 |
| community support system, which provides for treatment, support, | 13322 |
| and rehabilitation services and opportunities. The essential | 13323 |
| elements of the system include, but are not limited to, the | 13324 |
| following components in accordance with section 5119.06 of the | 13325 |
| Revised Code: | 13326 |
| (a) To locate persons in need of mental health services to | 13327 |
| inform them of available services and benefits mechanisms; | 13328 |
| (b) Assistance for clients to obtain services necessary to | 13329 |
| meet basic human needs for food, clothing, shelter, medical care, | 13330 |
| personal safety, and income; | 13331 |
| (c) Mental health care, including, but not limited to, | 13332 |
| outpatient, partial hospitalization, and, where appropriate, | 13333 |
| inpatient care; | 13334 |
| (d) Emergency services and crisis intervention; | 13335 |
| (e) Assistance for clients to obtain vocational services and | 13336 |
| opportunities for jobs; | 13337 |
| (f) The provision of services designed to develop social, | 13338 |
| community, and personal living skills; | 13339 |
| (g) Access to a wide range of housing and the provision of | 13340 |
| residential treatment and support; | 13341 |
| (h) Support, assistance, consultation, and education for | 13342 |
| families, friends, consumers of mental health services, and | 13343 |
| others; | 13344 |
| (i) Recognition and encouragement of families, friends, | 13345 |
| neighborhood networks, especially networks that include racial and | 13346 |
| ethnic minorities, churches, community organizations, and | 13347 |
| meaningful employment as natural supports for consumers of mental | 13348 |
| health services; | 13349 |
| (j) Grievance procedures and protection of the rights of | 13350 |
| consumers of mental health services; | 13351 |
| (k) Case management, which includes continual individualized | 13352 |
| assistance and advocacy to ensure that needed services are offered | 13353 |
| and procured. | 13354 |
| (12) Designate the treatment program, agency, or facility for | 13355 |
| each person involuntarily committed to the board pursuant to | 13356 |
| Chapter 5122. of the Revised Code and authorize payment for such | 13357 |
| treatment. The board shall provide the least restrictive and most | 13358 |
| appropriate alternative that is available for any person | 13359 |
| involuntarily committed to it and shall assure that the services | 13360 |
| listed in section 340.09 of the Revised Code are available to | 13361 |
| severely mentally disabled persons residing within its service | 13362 |
| district. The board shall establish the procedure for authorizing | 13363 |
| payment for services, which may include prior authorization in | 13364 |
| appropriate circumstances. The board may provide for services | 13365 |
| directly to a severely mentally disabled person when life or | 13366 |
| safety is endangered and when no community mental health agency is | 13367 |
| available to provide the service. | 13368 |
| (13) Establish a method for evaluating referrals for | 13369 |
| involuntary commitment and affidavits filed pursuant to section | 13370 |
| 5122.11 of the Revised Code in order to assist the probate | 13371 |
| division of the court of common pleas in determining whether there | 13372 |
| is probable cause that a respondent is subject to involuntary | 13373 |
| hospitalization and what alternative treatment is available and | 13374 |
| appropriate, if any; | 13375 |
| (14) Ensure that apartments or rooms built, subsidized, | 13376 |
| renovated, rented, owned, or leased by the board or a community | 13377 |
| mental health agency have been approved as meeting minimum fire | 13378 |
| safety standards and that persons residing in the rooms or | 13379 |
| apartments are receiving appropriate and necessary services, | 13380 |
| including culturally relevant services, from a community mental | 13381 |
| health agency. This division does not apply to residential | 13382 |
| facilities licensed pursuant to section 5119.22 of the Revised | 13383 |
| Code. | 13384 |
| (15) Establish a mechanism for involvement of consumer | 13385 |
| recommendation and advice on matters pertaining to mental health | 13386 |
| services in the alcohol, drug addiction, and mental health service | 13387 |
|
district | 13388 |
| | 13389 |
| 13390 | |
| 13391 | |
| 13392 | |
| 13393 | |
| 13394 | |
| 13395 | |
| 13396 | |
| 13397 |
| (B) The board shall establish such rules, operating | 13398 |
| procedures, standards, and bylaws, and perform such other duties | 13399 |
| as may be necessary or proper to carry out the purposes of this | 13400 |
| chapter. | 13401 |
| (C) A board of alcohol, drug addiction, and mental health | 13402 |
| services may receive by gift, grant, devise, or bequest any | 13403 |
| moneys, lands, or property for the benefit of the purposes for | 13404 |
| which the board is established, and may hold and apply it | 13405 |
| according to the terms of the gift, grant, or bequest. All money | 13406 |
| received, including accrued interest, by gift, grant, or bequest | 13407 |
| shall be deposited in the treasury of the county, the treasurer of | 13408 |
| which is custodian of the alcohol, drug addiction, and mental | 13409 |
| health services funds to the credit of the board and shall be | 13410 |
| available for use by the board for purposes stated by the donor or | 13411 |
| grantor. | 13412 |
| (D) No board member or employee of a board of alcohol, drug | 13413 |
| addiction, and mental health services shall be liable for injury | 13414 |
| or damages caused by any action or inaction taken within the scope | 13415 |
| of the board member's official duties or the employee's | 13416 |
| employment, whether or not such action or inaction is expressly | 13417 |
| authorized by this section, section 340.033, or any other section | 13418 |
| of the Revised Code, unless such action or inaction constitutes | 13419 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 13420 |
| applies to any action or inaction by a board member or employee of | 13421 |
| a board taken within the scope of the board member's official | 13422 |
| duties or employee's employment. For the purposes of this | 13423 |
| division, the conduct of a board member or employee shall not be | 13424 |
| considered willful or wanton misconduct if the board member or | 13425 |
| employee acted in good faith and in a manner that the board member | 13426 |
| or employee reasonably believed was in or was not opposed to the | 13427 |
| best interests of the board and, with respect to any criminal | 13428 |
| action or proceeding, had no reasonable cause to believe the | 13429 |
| conduct was unlawful. | 13430 |
| (E) The meetings held by any committee established by a board | 13431 |
| of alcohol, drug addiction, and mental health services shall be | 13432 |
| considered to be meetings of a public body subject to section | 13433 |
| 121.22 of the Revised Code. | 13434 |
| Sec. 340.091. Each board of alcohol, drug addiction, and | 13435 |
| mental health services shall contract with a community mental | 13436 |
| health agency under division (A)(7)(a) of section 340.03 of the | 13437 |
| Revised Code for the agency to do all of the following in | 13438 |
| accordance with rules adopted under section 5119.61 of the Revised | 13439 |
| Code for an individual referred to the agency under division | 13440 |
| 13441 |
| (A) Assess the individual | 13442 |
| 13443 | |
| 13444 | |
| and, if the agency determines that the environment in which the | 13445 |
| individual will be living while receiving residential state | 13446 |
|
supplement payments is appropriate for the individual's needs | 13447 |
| 13448 | |
| recommendation to the referring residential state supplement | 13449 |
| administrative agency that the referring agency should conclude | 13450 |
| that the living environment is appropriate when it makes its | 13451 |
| determination regarding the appropriateness of the environment; | 13452 |
| (B) Provide ongoing monitoring to ensure that services | 13453 |
| provided under section 340.09 of the Revised Code are available to | 13454 |
| the individual; | 13455 |
| (C) Provide discharge planning to ensure the individual's | 13456 |
| earliest possible transition to a less restrictive environment. | 13457 |
| Sec. 505.37. (A) The board of township trustees may | 13458 |
| establish all necessary rules to guard against the occurrence of | 13459 |
| fires and to protect the property and lives of the citizens | 13460 |
| against damage and accidents, and may, with the approval of the | 13461 |
| specifications by the prosecuting attorney or, if the township has | 13462 |
| adopted limited home rule government under Chapter 504. of the | 13463 |
| Revised Code, with the approval of the specifications by the | 13464 |
| township's law director, purchase, lease, lease with an option to | 13465 |
| purchase, or otherwise provide any fire apparatus, mechanical | 13466 |
| resuscitators, or other equipment, appliances, materials, fire | 13467 |
| hydrants, and water supply for fire-fighting purposes that seems | 13468 |
| advisable to the board. The board shall provide for the care and | 13469 |
| maintenance of fire equipment, and, for these purposes, may | 13470 |
| purchase, lease, lease with an option to purchase, or construct | 13471 |
| and maintain necessary buildings, and it may establish and | 13472 |
| maintain lines of fire-alarm communications within the limits of | 13473 |
| the township. The board may employ one or more persons to maintain | 13474 |
| and operate fire-fighting equipment, or it may enter into an | 13475 |
| agreement with a volunteer fire company for the use and operation | 13476 |
| of fire-fighting equipment. The board may compensate the members | 13477 |
| of a volunteer fire company on any basis and in any amount that it | 13478 |
| considers equitable. | 13479 |
| When the estimated cost to purchase fire apparatus, | 13480 |
| mechanical resuscitators, other equipment, appliances, materials, | 13481 |
| fire hydrants, buildings, or fire-alarm communications equipment | 13482 |
| or services exceeds fifty thousand dollars, the contract shall be | 13483 |
| let by competitive bidding. When competitive bidding is required, | 13484 |
| the board shall advertise once a week for not less than two | 13485 |
| consecutive weeks in a newspaper of general circulation within the | 13486 |
| township. The board may also cause notice to be inserted in trade | 13487 |
| papers or other publications designated by it or to be distributed | 13488 |
| by electronic means, including posting the notice on the board's | 13489 |
| internet web site. If the board posts the notice on its web site, | 13490 |
| it may eliminate the second notice otherwise required to be | 13491 |
| published in a newspaper of general circulation within the | 13492 |
| township, provided that the first notice published in such | 13493 |
| newspaper meets all of the following requirements: | 13494 |
| (1) It is published at least two weeks before the opening of | 13495 |
| bids. | 13496 |
| (2) It includes a statement that the notice is posted on the | 13497 |
| board's internet web site. | 13498 |
| (3) It includes the internet address of the board's internet | 13499 |
| web site. | 13500 |
| (4) It includes instructions describing how the notice may be | 13501 |
| accessed on the board's internet web site. | 13502 |
| The advertisement shall include the time, date, and place | 13503 |
| where the clerk of the township, or the clerk's designee, will | 13504 |
| read bids publicly. The time, date, and place of bid openings may | 13505 |
| be extended to a later date by the board of township trustees, | 13506 |
| provided that written or oral notice of the change shall be given | 13507 |
| to all persons who have received or requested specifications not | 13508 |
| later than ninety-six hours prior to the original time and date | 13509 |
| fixed for the opening. The board may reject all the bids or accept | 13510 |
| the lowest and best bid, provided that the successful bidder meets | 13511 |
| the requirements of section 153.54 of the Revised Code when the | 13512 |
| contract is for the construction, demolition, alteration, repair, | 13513 |
| or reconstruction of an improvement. | 13514 |
| (B) The boards of township trustees of any two or more | 13515 |
| townships, or the legislative authorities of any two or more | 13516 |
| political subdivisions, or any combination of these, may, through | 13517 |
| joint action, unite in the joint purchase, lease, lease with an | 13518 |
| option to purchase, maintenance, use, and operation of | 13519 |
| fire-fighting equipment, or for any other purpose designated in | 13520 |
| sections 505.37 to 505.42 of the Revised Code, and may prorate the | 13521 |
| expense of the joint action on any terms that are mutually agreed | 13522 |
| upon. | 13523 |
| (C) The board of township trustees of any township may, by | 13524 |
| resolution, whenever it is expedient and necessary to guard | 13525 |
| against the occurrence of fires or to protect the property and | 13526 |
| lives of the citizens against damages resulting from their | 13527 |
| occurrence, create a fire district of any portions of the township | 13528 |
| that it considers necessary. The board may purchase, lease, lease | 13529 |
| with an option to purchase, or otherwise provide any fire | 13530 |
| apparatus, appliances, materials, fire hydrants, and water supply | 13531 |
| for fire-fighting purposes, or may contract for the fire | 13532 |
| protection for the fire district as provided in section 9.60 of | 13533 |
| the Revised Code. The fire district so created shall be given a | 13534 |
| separate name by which it shall be known. | 13535 |
| Additional unincorporated territory of the township may be | 13536 |
| added to a fire district upon the board's adoption of a resolution | 13537 |
| authorizing the addition. A municipal corporation that is within | 13538 |
| or adjoining the township may be added to a fire district upon the | 13539 |
| board's adoption of a resolution authorizing the addition and the | 13540 |
| municipal legislative authority's adoption of a resolution or | 13541 |
| ordinance requesting the addition of the municipal corporation to | 13542 |
| the fire district. | 13543 |
| If the township fire district imposes a tax, additional | 13544 |
| unincorporated territory of the township or a municipal | 13545 |
| corporation that is within or adjoining the township shall become | 13546 |
| part of the fire district only after all of the following have | 13547 |
| occurred: | 13548 |
| (1) Adoption by the board of township trustees of a | 13549 |
| resolution approving the expansion of the territorial limits of | 13550 |
| the district and, if the resolution proposes to add a municipal | 13551 |
| corporation, adoption by the municipal legislative authority of a | 13552 |
| resolution or ordinance requesting the addition of the municipal | 13553 |
| corporation to the district; | 13554 |
| (2) Adoption by the board of township trustees of a | 13555 |
| resolution recommending the extension of the tax to the additional | 13556 |
| territory; | 13557 |
| (3) Approval of the tax by the electors of the territory | 13558 |
| proposed for addition to the district. | 13559 |
| Each resolution of the board adopted under division (C)(2) of | 13560 |
| this section shall state the name of the fire district, a | 13561 |
| description of the territory to be added, and the rate and | 13562 |
| termination date of the tax, which shall be the rate and | 13563 |
| termination date of the tax currently in effect in the fire | 13564 |
| district. | 13565 |
| The board of trustees shall certify each resolution adopted | 13566 |
| under division (C)(2) of this section to the board of elections in | 13567 |
| accordance with section 5705.19 of the Revised Code. The election | 13568 |
| required under division (C)(3) of this section shall be held, | 13569 |
| canvassed, and certified in the manner provided for the submission | 13570 |
| of tax levies under section 5705.25 of the Revised Code, except | 13571 |
| that the question appearing on the ballot shall read: | 13572 |
| "Shall the territory within ........................ | 13573 |
| (description of the proposed territory to be added) be added to | 13574 |
| ........................ (name) fire district, and a property tax | 13575 |
| at a rate of taxation not exceeding ...... (here insert tax rate) | 13576 |
| be in effect for .......... (here insert the number of years the | 13577 |
| tax is to be in effect or "a continuing period of time," as | 13578 |
| applicable)?" | 13579 |
| If the question is approved by at least a majority of the | 13580 |
| electors voting on it, the joinder shall be effective as of the | 13581 |
| first day of July of the year following approval, and on that | 13582 |
| date, the township fire district tax shall be extended to the | 13583 |
| taxable property within the territory that has been added. If the | 13584 |
| territory that has been added is a municipal corporation and if it | 13585 |
| had adopted a tax levy for fire purposes, the levy is terminated | 13586 |
| on the effective date of the joinder. | 13587 |
| Any municipal corporation may withdraw from a township fire | 13588 |
| district created under division (C) of this section by the | 13589 |
| adoption by the municipal legislative authority of a resolution or | 13590 |
| ordinance ordering withdrawal. On the first day of July of the | 13591 |
| year following the adoption of the resolution or ordinance of | 13592 |
| withdrawal, the municipal corporation withdrawing ceases to be a | 13593 |
| part of the district, and the power of the fire district to levy a | 13594 |
| tax upon taxable property in the withdrawing municipal corporation | 13595 |
| terminates, except that the fire district shall continue to levy | 13596 |
| and collect taxes for the payment of indebtedness within the | 13597 |
| territory of the fire district as it was composed at the time the | 13598 |
| indebtedness was incurred. | 13599 |
| Upon the withdrawal of any municipal corporation from a | 13600 |
| township fire district created under division (C) of this section, | 13601 |
| the county auditor shall ascertain, apportion, and order a | 13602 |
| division of the funds on hand, moneys and taxes in the process of | 13603 |
| collection except for taxes levied for the payment of | 13604 |
| indebtedness, credits, and real and personal property, either in | 13605 |
| money or in kind, on the basis of the valuation of the respective | 13606 |
| tax duplicates of the withdrawing municipal corporation and the | 13607 |
| remaining territory of the fire district. | 13608 |
| A board of township trustees may remove unincorporated | 13609 |
| territory of the township from the fire district upon the adoption | 13610 |
| of a resolution authorizing the removal. On the first day of July | 13611 |
| of the year following the adoption of the resolution, the | 13612 |
| unincorporated township territory described in the resolution | 13613 |
| ceases to be a part of the district, and the power of the fire | 13614 |
| district to levy a tax upon taxable property in that territory | 13615 |
| terminates, except that the fire district shall continue to levy | 13616 |
| and collect taxes for the payment of indebtedness within the | 13617 |
| territory of the fire district as it was composed at the time the | 13618 |
| indebtedness was incurred. | 13619 |
| (D) The board of township trustees of any township, the board | 13620 |
| of fire district trustees of a fire district created under section | 13621 |
| 505.371 of the Revised Code, or the legislative authority of any | 13622 |
| municipal corporation may purchase, lease, or lease with an option | 13623 |
| to purchase the necessary fire-fighting equipment, buildings, and | 13624 |
| sites for the township, fire district, or municipal corporation | 13625 |
| and issue securities for that purpose with maximum maturities as | 13626 |
| provided in section 133.20 of the Revised Code. The board of | 13627 |
| township trustees, board of fire district trustees, or legislative | 13628 |
| authority may also construct any buildings necessary to house | 13629 |
| fire-fighting equipment and issue securities for that purpose with | 13630 |
| maximum maturities as provided in section 133.20 of the Revised | 13631 |
| Code. | 13632 |
| The board of township trustees, board of fire district | 13633 |
| trustees, or legislative authority may issue the securities of the | 13634 |
| township, fire district, or municipal corporation, signed by the | 13635 |
| board or designated officer of the municipal corporation and | 13636 |
| attested by the signature of the township fiscal officer, fire | 13637 |
| district clerk, or municipal clerk, covering any deferred payments | 13638 |
| and payable at the times provided, which securities shall bear | 13639 |
| interest not to exceed the rate determined as provided in section | 13640 |
| 9.95 of the Revised Code, and shall not be subject to Chapter 133. | 13641 |
| of the Revised Code. The legislation authorizing the issuance of | 13642 |
| the securities shall provide for levying and collecting annually | 13643 |
| by taxation, amounts sufficient to pay the interest on and | 13644 |
| principal of the securities. The securities shall be offered for | 13645 |
| sale on the open market or given to the vendor or contractor if no | 13646 |
| sale is made. | 13647 |
| Section 505.40 of the Revised Code does not apply to any | 13648 |
| securities issued, or any lease with an option to purchase entered | 13649 |
| into, in accordance with this division. | 13650 |
| (E) A board of township trustees of any township or a board | 13651 |
| of fire district trustees of a fire district created under section | 13652 |
| 505.371 of the Revised Code may purchase a policy or policies of | 13653 |
| liability insurance for the officers, employees, and appointees of | 13654 |
| the fire department, fire district, or joint fire district | 13655 |
| governed by the board that includes personal injury liability | 13656 |
| coverage as to the civil liability of those officers, employees, | 13657 |
| and appointees for false arrest, detention, or imprisonment, | 13658 |
| malicious prosecution, libel, slander, defamation or other | 13659 |
| violation of the right of privacy, wrongful entry or eviction, or | 13660 |
| other invasion of the right of private occupancy, arising out of | 13661 |
| the performance of their duties. | 13662 |
| When a board of township trustees cannot, by deed of gift or | 13663 |
| by purchase and upon terms it considers reasonable, procure land | 13664 |
| for a township fire station that is needed in order to respond in | 13665 |
| reasonable time to a fire or medical emergency, the board may | 13666 |
| appropriate land for that purpose under sections 163.01 to 163.22 | 13667 |
| of the Revised Code. If it is necessary to acquire additional | 13668 |
| adjacent land for enlarging or improving the fire station, the | 13669 |
| board may purchase, appropriate, or accept a deed of gift for the | 13670 |
| land for these purposes. | 13671 |
| (F) As used in this division, "emergency medical service | 13672 |
| organization" has the same meaning as in section 4766.01 of the | 13673 |
| Revised Code. | 13674 |
| A board of township trustees, by adoption of an appropriate | 13675 |
|
resolution, may choose to have the | 13676 |
|
medical and transportation | 13677 |
| medical service organization it operates. If the board adopts such | 13678 |
| a resolution, Chapter 4766. of the Revised Code, except for | 13679 |
| sections 4766.06 and 4766.99 of the Revised Code, applies to the | 13680 |
| organization. All rules adopted under the applicable sections of | 13681 |
| that chapter also apply to the organization. A board of township | 13682 |
| trustees, by adoption of an appropriate resolution, may remove its | 13683 |
| emergency medical service organization from the jurisdiction of | 13684 |
|
the | 13685 |
| services. | 13686 |
| Sec. 505.375. (A)(1)(a) The boards of township trustees of | 13687 |
| one or more townships and the legislative authorities of one or | 13688 |
| more municipal corporations, or the legislative authorities of two | 13689 |
| or more municipal corporations, or the boards of township trustees | 13690 |
| of two or more townships, may negotiate an agreement to form a | 13691 |
| fire and ambulance district for the delivery of both fire and | 13692 |
| ambulance services. The agreement shall be ratified by the | 13693 |
| adoption of a joint resolution by a majority of the members of | 13694 |
| each board of township trustees involved and a majority of the | 13695 |
| members of the legislative authority of each municipal corporation | 13696 |
| involved. The joint resolution shall specify a date on which the | 13697 |
| fire and ambulance district shall come into being. | 13698 |
| (b) If a joint fire district created under section 505.371 of | 13699 |
| the Revised Code or a joint ambulance district created under | 13700 |
| section 505.71 of the Revised Code is dissolved to facilitate the | 13701 |
| creation of a fire and ambulance district under division (A)(1)(a) | 13702 |
| of this section, the townships and municipal corporations forming | 13703 |
| the fire and ambulance district may transfer to the fire and | 13704 |
| ambulance district any of the funds on hand, moneys and taxes in | 13705 |
| the process of collection, credits, and real and personal property | 13706 |
| apportioned to them under division (D) of section 505.371 of the | 13707 |
| Revised Code or section 505.71 of the Revised Code, as applicable, | 13708 |
| for use by the fire and ambulance district in accordance with this | 13709 |
| section. | 13710 |
| (2)(a) The board of trustees of a joint ambulance district | 13711 |
| created under section 505.71 of the Revised Code and the board of | 13712 |
| fire district trustees of a joint fire district created under | 13713 |
| section 505.371 of the Revised Code may negotiate to combine their | 13714 |
| two joint districts into a single fire and ambulance district for | 13715 |
| the delivery of both fire and ambulance services, if the | 13716 |
| geographic area covered by the combining joint districts is | 13717 |
| exactly the same. Both boards shall adopt a joint resolution | 13718 |
| ratifying the agreement and setting a date on which the fire and | 13719 |
| ambulance district shall come into being. | 13720 |
| (b) On that date, the joint fire district and the joint | 13721 |
| ambulance district shall cease to exist, and the power of each to | 13722 |
| levy a tax upon taxable property shall terminate, except that any | 13723 |
| levy of a tax for the payment of indebtedness within the territory | 13724 |
| of the joint fire or joint ambulance district as it was composed | 13725 |
| at the time the indebtedness was incurred shall continue to be | 13726 |
| collected by the successor fire and ambulance district if the | 13727 |
| indebtedness remains unpaid. All funds and other property of the | 13728 |
| joint districts shall become the property of the fire and | 13729 |
| ambulance district, unless otherwise provided in the negotiated | 13730 |
| agreement. The agreement shall provide for the settlement of all | 13731 |
| debts and obligations of the joint districts. | 13732 |
| (B)(1) The governing body of a fire and ambulance district | 13733 |
| created under division (A)(1) or (2) of this section shall be a | 13734 |
| board of trustees of at least three but no more than nine members, | 13735 |
| appointed as provided in the agreement creating the district. | 13736 |
| Members of the board may be compensated at a rate not to exceed | 13737 |
| thirty dollars per meeting for not more than fifteen meetings per | 13738 |
| year, and may be reimbursed for all necessary expenses incurred, | 13739 |
| as provided in the agreement creating the district. | 13740 |
| (2) The board shall employ a clerk and other employees as it | 13741 |
| considers best, including a fire chief or fire prevention | 13742 |
| officers, and shall fix their compensation. Neither this section | 13743 |
| nor any other section of the Revised Code requires, or shall be | 13744 |
| construed to require, that the fire chief of a fire and ambulance | 13745 |
| district be a resident of the district. | 13746 |
| Before entering upon the duties of office, the clerk shall | 13747 |
| execute a bond, in the amount and with surety to be approved by | 13748 |
| the board, payable to the state, conditioned for the faithful | 13749 |
| performance of all of the clerk's official duties. The clerk shall | 13750 |
| deposit the bond with the presiding officer of the board, who | 13751 |
| shall file a copy of it, certified by the presiding officer, with | 13752 |
| the county auditor of the county containing the most territory in | 13753 |
| the district. | 13754 |
| The board also shall provide for the appointment of a fiscal | 13755 |
| officer for the district and may enter into agreements with | 13756 |
| volunteer fire companies for the use and operation of | 13757 |
| fire-fighting equipment. Volunteer firefighters acting under such | 13758 |
| an agreement are subject to the requirements for volunteer | 13759 |
| firefighters set forth in division (A) of section 505.38 of the | 13760 |
| Revised Code. | 13761 |
| (3) Employees of the district shall not be removed from | 13762 |
| office except as provided by sections 733.35 to 733.39 of the | 13763 |
| Revised Code, except that, to initiate removal proceedings, the | 13764 |
| board shall designate a private citizen or, if the employee is | 13765 |
| employed as a firefighter, the board may designate the fire chief, | 13766 |
| to investigate, conduct the proceedings, and prepare the necessary | 13767 |
| charges in conformity with those sections, and except that the | 13768 |
| board shall perform the functions and duties specified for the | 13769 |
| municipal legislative authority under those sections. The board | 13770 |
| may pay reasonable compensation to any private citizen hired for | 13771 |
| services rendered in the matter. | 13772 |
| (4) No person shall be appointed as a permanent full-time | 13773 |
| paid member of the district whose duties include fire fighting, or | 13774 |
| be appointed as a volunteer firefighter, unless that person has | 13775 |
| received a certificate issued under former section 3303.07 or | 13776 |
| section 4765.55 of the Revised Code evidencing satisfactory | 13777 |
| completion of a firefighter training program. The board may send | 13778 |
| its officers and firefighters to schools of instruction designed | 13779 |
| to promote the efficiency of firefighters and, if authorized in | 13780 |
| advance, may pay their necessary expenses from the funds used for | 13781 |
| the maintenance and operation of the district. | 13782 |
| The board may choose, by adoption of an appropriate | 13783 |
|
resolution, to have the
| 13784 |
|
transportation | 13785 |
| service organization it operates. If the board adopts such a | 13786 |
| resolution, Chapter 4766. of the Revised Code, except for sections | 13787 |
| 4766.06 and 4766.99 of the Revised Code, applies to the | 13788 |
| organization. All rules adopted under the applicable sections of | 13789 |
| that chapter also apply to the organization. The board may remove, | 13790 |
| by resolution, its emergency medical service organization from the | 13791 |
|
jurisdiction of the | 13792 |
|
transportation | 13793 |
| (C) The board of trustees of a fire and ambulance district | 13794 |
| created under division (A)(1) or (2) of this section may exercise | 13795 |
| the following powers: | 13796 |
| (1) Purchase or otherwise provide any fire apparatus, | 13797 |
| mechanical resuscitators, or other fire or ambulance equipment, | 13798 |
| appliances, or materials; fire hydrants; and water supply for | 13799 |
| firefighting purposes that seems advisable to the board; | 13800 |
| (2) Provide for the care and maintenance of equipment and, | 13801 |
| for that purpose, purchase, lease, lease with an option to | 13802 |
| purchase, or construct and maintain necessary buildings; | 13803 |
| (3) Establish and maintain lines of fire-alarm communications | 13804 |
| within the limits of the district; | 13805 |
| (4) Appropriate land for a fire station or medical emergency | 13806 |
| unit needed in order to respond in reasonable time to a fire or | 13807 |
| medical emergency, in accordance with Chapter 163. of the Revised | 13808 |
| Code; | 13809 |
| (5) Purchase, appropriate, or accept a deed or gift of land | 13810 |
| to enlarge or improve a fire station or medical emergency unit; | 13811 |
| (6) Purchase, lease, lease with an option to purchase, | 13812 |
| maintain, and use all materials, equipment, vehicles, buildings, | 13813 |
| and land necessary to perform its duties; | 13814 |
| (7) Contract for a period not to exceed three years with one | 13815 |
| or more townships, municipal corporations, counties, joint fire | 13816 |
| districts, joint ambulance districts, governmental agencies, | 13817 |
| nonprofit corporations, or private ambulance owners located either | 13818 |
| within or outside the state, to furnish or receive ambulance | 13819 |
| services or emergency medical services within the several | 13820 |
| territories of the contracting parties, if the contract is first | 13821 |
| authorized by all boards of trustees and legislative authorities | 13822 |
| concerned; | 13823 |
| (8) Establish reasonable charges for the use of ambulance or | 13824 |
| emergency medical services under the same conditions under which a | 13825 |
| board of fire district trustees may establish those charges under | 13826 |
| section 505.371 of the Revised Code; | 13827 |
| (9) Establish all necessary rules to guard against the | 13828 |
| occurrence of fires and to protect property and lives against | 13829 |
| damage and accidents; | 13830 |
| (10) Adopt a standard code pertaining to fire, fire hazards, | 13831 |
| and fire prevention prepared and promulgated by the state or by a | 13832 |
| public or private organization that publishes a model or standard | 13833 |
| code; | 13834 |
| (11) Provide for charges for false alarms at commercial | 13835 |
| establishments in the same manner as joint fire districts are | 13836 |
| authorized to do under section 505.391 of the Revised Code; | 13837 |
| (12) Issue bonds and other evidences of indebtedness, subject | 13838 |
| to Chapter 133. of the Revised Code, but only after approval by a | 13839 |
| vote of the electors of the district as provided by section 133.18 | 13840 |
| of the Revised Code; | 13841 |
| (13) To provide the services and equipment it considers | 13842 |
| necessary, levy a sufficient tax, subject to Chapter 5705. of the | 13843 |
| Revised Code, on all the taxable property in the district. | 13844 |
| (D) Any municipal corporation or township may join an | 13845 |
| existing fire and ambulance district, whether created under | 13846 |
| division (A)(1) or (2) of this section, by its legislative | 13847 |
| authority's adoption of a resolution requesting the membership and | 13848 |
| upon approval of the board of trustees of the district. Any | 13849 |
| municipal corporation or township may withdraw from a district, | 13850 |
| whether created under division (A)(1) or (2) of this section, by | 13851 |
| its legislative authority's adoption of a resolution ordering | 13852 |
| withdrawal. Upon its withdrawal, the municipal corporation or | 13853 |
| township ceases to be a part of the district, and the district's | 13854 |
| power to levy a tax on taxable property in the withdrawing | 13855 |
| township or municipal corporation terminates, except that the | 13856 |
| district shall continue to levy and collect taxes for the payment | 13857 |
| of indebtedness within the territory of the district as it was | 13858 |
| composed at the time the indebtedness was incurred. | 13859 |
| Upon the withdrawal of any township or municipal corporation | 13860 |
| from a district, the county auditor of the county containing the | 13861 |
| most territory in the district shall ascertain, apportion, and | 13862 |
| order a division of the funds on hand, including funds in the | 13863 |
| ambulance and emergency medical services fund, moneys and taxes in | 13864 |
| the process of collection, except for taxes levied for the payment | 13865 |
| of indebtedness, credits, and real and personal property on the | 13866 |
| basis of the valuation of the respective tax duplicates of the | 13867 |
| withdrawing municipal corporation or township and the remaining | 13868 |
| territory of the district. | 13869 |
| (E) As used in this section: | 13870 |
| (1) "Governmental agency" includes all departments, boards, | 13871 |
| offices, commissions, agencies, colleges, universities, | 13872 |
| institutions, and other instrumentalities of this or another | 13873 |
| state. | 13874 |
| (2) "Emergency medical service organization" has the same | 13875 |
| meaning as in section 4766.01 of the Revised Code. | 13876 |
| Sec. 505.44. As used in this section: | 13877 |
| (A) "Emergency medical service organization" has the same | 13878 |
| meaning as in section 4765.01 of the Revised Code. | 13879 |
| (B) "State agency" means all departments, boards, offices, | 13880 |
| commissions, agencies, colleges, universities, institutions, and | 13881 |
| other instrumentalities of this or another state. | 13882 |
| In order to obtain the services of ambulance service | 13883 |
| organizations, to obtain additional services from ambulance | 13884 |
| service organizations in times of emergency, to obtain the | 13885 |
| services of emergency medical service organizations, or, if the | 13886 |
| township is located in a county with a population of forty | 13887 |
| thousand or less, to obtain the services of nonemergency patient | 13888 |
| transport service organizations, a township may enter into a | 13889 |
| contract with one or more state agencies, townships, municipal | 13890 |
| corporations, counties, nonprofit corporations, joint emergency | 13891 |
| medical services districts, fire and ambulance districts, or | 13892 |
| private ambulance owners, regardless of whether such state | 13893 |
| agencies, townships, municipal corporations, counties, nonprofit | 13894 |
| corporations, joint emergency medical services districts, fire and | 13895 |
| ambulance districts, or private ambulance owners are located | 13896 |
| within or outside the state, upon such terms as are agreed to by | 13897 |
| them, to furnish or receive services from ambulance or emergency | 13898 |
| medical service organizations or, if the township is located in a | 13899 |
| county with a population of forty thousand or less, to furnish or | 13900 |
| receive services from nonemergency patient transport service | 13901 |
| organizations, or may enter into a contract for the interchange of | 13902 |
| services from ambulance or emergency medical service organizations | 13903 |
| or, if the township is located in a county with a population of | 13904 |
| forty thousand or less, the interchange of services from | 13905 |
| nonemergency patient transport service organizations, within the | 13906 |
| several territories of the contracting parties, if the contract is | 13907 |
| first authorized by the respective boards of township trustees, | 13908 |
| the other legislative bodies, or the officer or body authorized to | 13909 |
| contract on behalf of the state agency. Such contracts shall not | 13910 |
| be entered into with a state agency or nonprofit corporation that | 13911 |
| receives more than half of its operating funds from governmental | 13912 |
| entities with the intention of directly competing with the | 13913 |
| operation of other ambulance, emergency medical, or nonemergency | 13914 |
| patient transport service organizations in the township unless the | 13915 |
| state agency or nonprofit corporation is awarded the contract | 13916 |
| after submitting the lowest and best bid to the board of township | 13917 |
| trustees. | 13918 |
| The contract may provide for compensation upon such terms as | 13919 |
| the parties may agree. | 13920 |
| Any township wishing to commence providing or wishing to | 13921 |
| enter into a contract for the first time to furnish or obtain | 13922 |
| services from nonemergency patient transport service organizations | 13923 |
| on or after March 1, 1993, including a township in which a private | 13924 |
| provider has been providing the service, shall demonstrate the | 13925 |
| need for public funding for the service to, and obtain approval | 13926 |
| from, the state board of emergency medical and transportation | 13927 |
| services or its immediate successor board prior to the | 13928 |
| establishment of a township-operated or township-funded service. | 13929 |
| Sec. 505.72. (A) The board of trustees of a joint ambulance | 13930 |
| district shall provide for the employment of such employees as it | 13931 |
| considers best, and shall fix their compensation. Such employees | 13932 |
| shall continue in office until removed as provided by sections | 13933 |
| 733.35 to 733.39 of the Revised Code. To initiate removal | 13934 |
| proceedings, and for such purpose, the board shall designate a | 13935 |
| private citizen to investigate the conduct and prepare the | 13936 |
| necessary charges in conformity with sections 733.35 to 733.39 of | 13937 |
| the Revised Code. The board may pay reasonable compensation to | 13938 |
| such person for the person's services. | 13939 |
| In case of the removal of an employee of the district, an | 13940 |
| appeal may be had from the decision of the board to the court of | 13941 |
| common pleas of the county in which such district, or part of it, | 13942 |
| is situated, to determine the sufficiency of the cause of removal. | 13943 |
| Such appeal from the findings of the board shall be taken within | 13944 |
| ten days. | 13945 |
| (B) As used in this division, "emergency medical service | 13946 |
| organization" has the same meaning as in section 4765.01 of the | 13947 |
| Revised Code. | 13948 |
| (1) In order to obtain the services of ambulance service | 13949 |
| organizations, to obtain additional services from ambulance | 13950 |
| service organizations in times of emergency, or to obtain the | 13951 |
| services of emergency medical service organizations, a district | 13952 |
| may enter into a contract, for a period not to exceed three years, | 13953 |
| with one or more townships, municipal corporations, joint fire | 13954 |
| districts, nonprofit corporations, any other governmental unit | 13955 |
| that provides ambulance services or emergency medical services, or | 13956 |
| with private ambulance owners, regardless of whether such | 13957 |
| townships, municipal corporations, joint fire districts, nonprofit | 13958 |
| corporations, governmental unit, or private ambulance owners are | 13959 |
| located within or without this state, upon such terms as are | 13960 |
| agreed to, to furnish or receive services from ambulance or | 13961 |
| emergency medical service organizations or the interchange of | 13962 |
| services from ambulance or emergency medical service organizations | 13963 |
| within the several territories of the contracting subdivisions, if | 13964 |
| such contract is first authorized by all boards of trustees and | 13965 |
| legislative authorities concerned. | 13966 |
| The contract may provide for a fixed annual charge to be paid | 13967 |
| at the times agreed upon and stipulated in the contract, or for | 13968 |
| compensation based upon a stipulated price for each run, call, or | 13969 |
| emergency, or the elapsed time of service required in such run, | 13970 |
| call, or emergency, or any combination thereof. | 13971 |
| (2) Expenditures of a district for the services of ambulance | 13972 |
| service organizations or emergency medical service organizations, | 13973 |
| whether pursuant to contract or otherwise, are lawful | 13974 |
| expenditures, regardless of whether the district or the party with | 13975 |
| which it contracts charges additional fees to users of the | 13976 |
| services. | 13977 |
| (3) A district's board of trustees, by adoption of an | 13978 |
|
appropriate resolution, may choose to have the | 13979 |
|
emergency medical and transportation | 13980 |
| emergency medical service organization the district operates. If a | 13981 |
| board adopts such a resolution, Chapter 4766. of the Revised Code, | 13982 |
| except for sections 4766.06 and 4766.99 of the Revised Code, | 13983 |
| applies to the district emergency medical service organization. | 13984 |
| All rules adopted under the applicable sections of that chapter | 13985 |
| also apply to the organization. A board, by adoption of an | 13986 |
| appropriate resolution, may remove the district emergency medical | 13987 |
|
service organization from the jurisdiction of the | 13988 |
|
of emergency medical and transportation | 13989 |
| (C) Ambulance services or emergency medical services rendered | 13990 |
| for a joint ambulance district under this section and section | 13991 |
| 505.71 of the Revised Code shall be deemed services of the | 13992 |
| district. These sections do not authorize suits against a district | 13993 |
| or any township or municipal corporation providing or receiving, | 13994 |
| or contracting to provide or receive, such services under these | 13995 |
| sections for damages for injury or loss to persons or property or | 13996 |
| for wrongful death caused by persons providing such services. | 13997 |
| Sec. 715.013. (A) Except as otherwise expressly authorized by | 13998 |
| the Revised Code, no municipal corporation shall levy a tax that | 13999 |
| is the same as or similar to a tax levied under Chapter 322., | 14000 |
| 3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., | 14001 |
| 5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5737., | 14002 |
| 5739., 5741., 5743., or 5749. of the Revised Code. | 14003 |
| (B) This section does not prohibit a municipal corporation | 14004 |
| from levying a tax on any of the following: | 14005 |
| (1) Amounts received for admission to any place; | 14006 |
| (2) The income of an electric company or combined company, as | 14007 |
| defined in section 5727.01 of the Revised Code; | 14008 |
| (3) On and after January 1, 2004, the income of a telephone | 14009 |
| company, as defined in section 5727.01 of the Revised Code. | 14010 |
| Sec. 723.52. Before letting or making any contract for the | 14011 |
| construction, reconstruction, widening, resurfacing, or repair of | 14012 |
| a street or other public way, the director of public service in a | 14013 |
| city, or the legislative authority in a village, shall make an | 14014 |
| estimate of the cost of such work using the force account project | 14015 |
| assessment form developed by the auditor of state under section | 14016 |
| 117.16 of the Revised Code. In municipal corporations having an | 14017 |
| engineer, or an officer having a different title but the duties | 14018 |
| and functions of an engineer, the estimate shall be made by the | 14019 |
| engineer or other officer. Where the total estimated cost of any | 14020 |
|
such work is | 14021 |
| officers may proceed by force account. | 14022 |
| Where the total estimated cost of any such work exceeds | 14023 |
| 14024 | |
| municipal corporation shall be required to invite and receive | 14025 |
| competitive bids for furnishing all the labor, materials, and | 14026 |
| equipment and doing the work, after newspaper advertisement as | 14027 |
| provided by law. The officers shall consider and may reject such | 14028 |
| bids. If the bids are rejected, the officers may order the work | 14029 |
| done by force account or direct labor. When such bids are | 14030 |
| received, considered, and rejected, and the work done by force | 14031 |
| account or direct labor, such work shall be performed in | 14032 |
| compliance with the plans and specifications upon which the bids | 14033 |
| were based. It shall be unlawful to divide a street or connecting | 14034 |
| streets into separate sections for the purpose of defeating this | 14035 |
| section and section 723.53 of the Revised Code. | 14036 |
| "Street," as used in such sections, includes portions of | 14037 |
| connecting streets on which the same or similar construction, | 14038 |
| reconstruction, widening, resurfacing, or repair is planned or | 14039 |
| projected. | 14040 |
| Sec. 723.53. Where the proper officers of any municipal | 14041 |
| corporation construct, reconstruct, widen, resurface, or repair a | 14042 |
| street or other public way by force account or direct labor, and | 14043 |
| the estimated cost of the work as defined in section 723.52 of the | 14044 |
|
Revised Code exceeds | 14045 |
| authorities shall cause to be kept by the engineer of the | 14046 |
| municipal corporation, or other officer or employee of the | 14047 |
| municipal corporation in charge of such work, a complete and | 14048 |
| accurate account, in detail, of the cost of doing the work. The | 14049 |
| account shall include labor, materials, freight, fuel, hauling, | 14050 |
| overhead expense, workers' compensation premiums, and all other | 14051 |
| items of cost and expense, including a reasonable allowance for | 14052 |
| the use of all tools and equipment used on or in connection with | 14053 |
| such work and for the depreciation on the tools and equipment. The | 14054 |
| engineer or other officer or employee shall keep such account, and | 14055 |
| within ninety days after the completion of any such work shall | 14056 |
| prepare a detailed and itemized statement of such cost and file | 14057 |
| the statement with the officer or board vested with authority to | 14058 |
| direct the doing of the work in question. Such officer or board | 14059 |
| shall thereupon examine the statement, correct it if necessary, | 14060 |
| and file it in the office of the officer or board. Such statement | 14061 |
| shall be kept on file for not less than two years and shall be | 14062 |
| open to public inspection. | 14063 |
| This section and section 723.52 of the Revised Code do not | 14064 |
| apply to any municipal corporations having a charter form of | 14065 |
| government. | 14066 |
| Sec. 731.141. In those villages that have established the | 14067 |
| position of village administrator, as provided by section 735.271 | 14068 |
| of the Revised Code, the village administrator shall make | 14069 |
| contracts, purchase supplies and materials, and provide labor for | 14070 |
| any work under the administrator's supervision involving not more | 14071 |
|
than | 14072 |
| other than the compensation of persons employed by the village, | 14073 |
|
exceeds
| 14074 |
| first be authorized and directed by ordinance of the legislative | 14075 |
| authority of the village. When so authorized and directed, except | 14076 |
| where the contract is for equipment, services, materials, or | 14077 |
| supplies to be purchased under division (D) of section 713.23 or | 14078 |
| section 125.04 or 5513.01 of the Revised Code, available from a | 14079 |
| qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 | 14080 |
| of the Revised Code, or required to be purchased from a qualified | 14081 |
| nonprofit agency under sections 125.60 to 125.6012 of the Revised | 14082 |
| Code, the village administrator shall make a written contract with | 14083 |
| the lowest and best bidder after advertisement for not less than | 14084 |
| two nor more than four consecutive weeks in a newspaper of general | 14085 |
| circulation within the village or as provided in section 7.16 of | 14086 |
| the Revised Code. The bids shall be opened and shall be publicly | 14087 |
| read by the village administrator or a person designated by the | 14088 |
| village administrator at the time, date, and place as specified in | 14089 |
| the advertisement to bidders or specifications. The time, date, | 14090 |
| and place of bid openings may be extended to a later date by the | 14091 |
| village administrator, provided that written or oral notice of the | 14092 |
| change shall be given to all persons who have received or | 14093 |
| requested specifications no later than ninety-six hours prior to | 14094 |
| the original time and date fixed for the opening. All contracts | 14095 |
| shall be executed in the name of the village and signed on its | 14096 |
| behalf by the village administrator and the clerk. | 14097 |
| The legislative authority of a village may provide, by | 14098 |
| ordinance, for central purchasing for all offices, departments, | 14099 |
| divisions, boards, and commissions of the village, under the | 14100 |
| direction of the village administrator, who shall make contracts, | 14101 |
| purchase supplies or materials, and provide labor for any work of | 14102 |
| the village in the manner provided by this section. | 14103 |
| Sec. 735.05. The director of public service may make any | 14104 |
| contract, purchase supplies or material, or provide labor for any | 14105 |
| work under the supervision of the department of public service | 14106 |
|
involving not more than | 14107 |
| an expenditure within the department, other than the compensation | 14108 |
|
of persons employed in the department, exceeds | 14109 |
| thousand dollars, the expenditure shall first be authorized and | 14110 |
| directed by ordinance of the city legislative authority. When so | 14111 |
| authorized and directed, except where the contract is for | 14112 |
| equipment, services, materials, or supplies to be purchased under | 14113 |
| division (D) of section 713.23 or section 125.04 or 5513.01 of the | 14114 |
| Revised Code or available from a qualified nonprofit agency | 14115 |
| pursuant to sections 4115.31 to 4115.35 of the Revised Code, the | 14116 |
| director shall make a written contract with the lowest and best | 14117 |
| bidder after advertisement for not less than two nor more than | 14118 |
| four consecutive weeks in a newspaper of general circulation | 14119 |
| within the city or as provided in section 7.16 of the Revised | 14120 |
| Code. | 14121 |
| Sec. 737.03. The director of public safety shall manage and | 14122 |
| make all contracts with reference to police stations, fire houses, | 14123 |
| reform schools, infirmaries, hospitals other than municipal | 14124 |
| hospitals operated pursuant to Chapter 749. of the Revised Code, | 14125 |
| workhouses, farms, pesthouses, and all other charitable and | 14126 |
| reformatory institutions. In the control and supervision of those | 14127 |
| institutions, the director shall be governed by the provisions of | 14128 |
| Title VII of the Revised Code relating to those institutions. | 14129 |
| The director may make all contracts and expenditures of money | 14130 |
| for acquiring lands for the erection or repairing of station | 14131 |
| houses, police stations, fire department buildings, fire cisterns, | 14132 |
| and plugs, that are required, for the purchase of engines, | 14133 |
| apparatus, and all other supplies necessary for the police and | 14134 |
| fire departments, and for other undertakings and departments under | 14135 |
| the director's supervision, but no obligation involving an | 14136 |
|
expenditure of more than | 14137 |
| be created unless first authorized and directed by ordinance. In | 14138 |
| making, altering, or modifying those contracts, the director shall | 14139 |
| be governed by sections 735.05 to 735.09 of the Revised Code, | 14140 |
| except that all bids shall be filed with and opened by the | 14141 |
| director. The director shall make no sale or disposition of any | 14142 |
| property belonging to the city without first being authorized by | 14143 |
| resolution or ordinance of the city legislative authority. | 14144 |
| Sec. 742.114. (A) As used in this section and in section | 14145 |
| 742.116 of the Revised Code: | 14146 |
| (1) "Agent" means a dealer, as defined in section 1707.01 of | 14147 |
| the Revised Code, who is licensed under sections 1707.01 to | 14148 |
| 1707.45 of the Revised Code or under comparable laws of another | 14149 |
| state or of the United States. | 14150 |
| (2) "Minority business enterprise" has the same meaning as in | 14151 |
| section 122.71 of the Revised Code. | 14152 |
| (3) "Ohio-qualified agent" means an agent designated as such | 14153 |
| by the board of trustees of the fund. | 14154 |
| (4) "Ohio-qualified investment manager" means an investment | 14155 |
| manager designated as such by the board of trustees of the fund. | 14156 |
| (5) "Principal place of business" means an office in which | 14157 |
| the agent regularly provides securities or investment advisory | 14158 |
| services and solicits, meets with, or otherwise communicates with | 14159 |
| clients. | 14160 |
| (B) The board of trustees of the fund shall, for the purposes | 14161 |
| of this section, designate an agent as an Ohio-qualified agent if | 14162 |
| the agent meets all of the following requirements: | 14163 |
| (1) The agent is subject to taxation under Chapter 5725., | 14164 |
| 5726., 5733., or 5747. of the Revised Code; | 14165 |
| (2) The agent is authorized to conduct business in this | 14166 |
| state; | 14167 |
| (3) The agent maintains a principal place of business in this | 14168 |
| state and employs at least five residents of this state. | 14169 |
| (C) The board shall adopt and implement a written policy to | 14170 |
| establish criteria and procedures used to select agents to execute | 14171 |
| securities transactions on behalf of the retirement system. The | 14172 |
| policy shall address each of the following: | 14173 |
| (1) Commissions charged by the agent, both in the aggregate | 14174 |
| and on a per share basis; | 14175 |
| (2) The execution speed and trade settlement capabilities of | 14176 |
| the agent; | 14177 |
| (3) The responsiveness, reliability, and integrity of the | 14178 |
| agent; | 14179 |
| (4) The nature and value of research provided by the agent; | 14180 |
| (5) Any special capabilities of the agent. | 14181 |
| (D)(1) The board shall, at least annually, establish a policy | 14182 |
| with the goal to increase utilization by the board of | 14183 |
| Ohio-qualified agents for the execution of domestic equity and | 14184 |
| fixed-income trades on behalf of the retirement system, when an | 14185 |
| Ohio-qualified agent offers quality, services, and safety | 14186 |
| comparable to other agents otherwise available to the board and | 14187 |
| meets the criteria established under division (C) of this section. | 14188 |
| (2) The board shall review, at least annually, the | 14189 |
| performance of the agents that execute securities transactions on | 14190 |
| behalf of the board. | 14191 |
| (3) The board shall determine whether an agent is an | 14192 |
| Ohio-qualified agent, meets the criteria established by the board | 14193 |
| pursuant to division (C) of this section, and offers quality, | 14194 |
| services, and safety comparable to other agents otherwise | 14195 |
| available to the board. The board's determination shall be final. | 14196 |
| (E) The board shall, at least annually, submit to the Ohio | 14197 |
| retirement study council a report containing the following | 14198 |
| information: | 14199 |
| (1) The name of each agent designated as an Ohio-qualified | 14200 |
| agent under this section; | 14201 |
| (2) The name of each agent that executes securities | 14202 |
| transactions on behalf of the board; | 14203 |
| (3) The amount of equity and fixed-income trades that are | 14204 |
| executed by Ohio-qualified agents, expressed as a percentage of | 14205 |
| all equity and fixed-income trades that are executed by agents on | 14206 |
| behalf of the board; | 14207 |
| (4) The compensation paid to Ohio-qualified agents, expressed | 14208 |
| as a percentage of total compensation paid to all agents that | 14209 |
| execute securities transactions on behalf of the board; | 14210 |
| (5) The amount of equity and fixed-income trades that are | 14211 |
| executed by agents that are minority business enterprises, | 14212 |
| expressed as a percentage of all equity and fixed-income trades | 14213 |
| that are executed by agents on behalf of the board; | 14214 |
| (6) Any other information requested by the Ohio retirement | 14215 |
| study council regarding the board's use of agents. | 14216 |
| Sec. 742.116. (A) The board of trustees of the pension fund | 14217 |
| shall, for the purposes of this section, designate an investment | 14218 |
| manager as an Ohio-qualified investment manager if the investment | 14219 |
| manager meets all of the following requirements: | 14220 |
| (1) The investment manager is subject to taxation under | 14221 |
| Chapter 5725., 5726., 5733., or 5747. of the Revised Code; | 14222 |
| (2) The investment manager meets one of the following | 14223 |
| requirements: | 14224 |
| (a) Has its corporate headquarters or principal place of | 14225 |
| business in this state; | 14226 |
| (b) Employs at least five hundred individuals in this state; | 14227 |
| (c) Has a principal place of business in this state and | 14228 |
| employs at least 20 residents of this state. | 14229 |
| (B)(1) The board shall, at least annually, establish a policy | 14230 |
| with the goal to increase utilization by the board of | 14231 |
| Ohio-qualified investment managers, when an Ohio-qualified | 14232 |
| investment manager offers quality, services, and safety comparable | 14233 |
| to other investment managers otherwise available to the board. The | 14234 |
| policy shall also provide for the following: | 14235 |
| (a) A process whereby the board can develop a list of | 14236 |
| Ohio-qualified investment managers and their investment products; | 14237 |
| (b) A process whereby the board can give public notice to | 14238 |
| Ohio-qualified investment managers of the board's search for an | 14239 |
| investment manager that includes the board's search criteria. | 14240 |
| (2) The board shall determine whether an investment manager | 14241 |
| is an Ohio-qualified investment manager and whether the investment | 14242 |
| manager offers quality, services, and safety comparable to other | 14243 |
| investment managers otherwise available to the board. The board's | 14244 |
| determination shall be final. | 14245 |
| (C) The board shall, at least annually, submit to the Ohio | 14246 |
| retirement study council a report containing the following | 14247 |
| information: | 14248 |
| (1) The name of each investment manager designated as an | 14249 |
| Ohio-qualified investment manager under this section; | 14250 |
| (2) The name of each investment manager with which the board | 14251 |
| contracts; | 14252 |
| (3) The amount of assets managed by Ohio-qualified investment | 14253 |
| managers, expressed as a percentage of the total assets held by | 14254 |
| the retirement system and as a percentage of assets managed by | 14255 |
| investment managers with which the board has contracted; | 14256 |
| (4) The compensation paid to Ohio-qualified investment | 14257 |
| managers, expressed as a percentage of total compensation paid to | 14258 |
| all investment managers with which the board has contracted; | 14259 |
| (5) Any other information requested by the Ohio retirement | 14260 |
| study council regarding the board's use of investment managers. | 14261 |
| Sec. 749.26. The board of hospital trustees, before entering | 14262 |
| into any contract for the erection of a hospital building, or for | 14263 |
| the rebuilding or repair of a hospital building, the cost of which | 14264 |
|
exceeds | 14265 |
| specifications, detailed drawings, and forms of bids prepared, and | 14266 |
| when adopted by the board it shall have them printed for | 14267 |
| distribution among the bidders. | 14268 |
| Sec. 749.28. The board of hospital trustees shall not enter | 14269 |
| into a contract for work or supplies where the estimated cost | 14270 |
|
exceeds | 14271 |
| days' notice in one newspaper of general circulation in the | 14272 |
| municipal corporation that sealed proposals will be received for | 14273 |
| doing the work or furnishing the materials and supplies. | 14274 |
| Sec. 749.31. Except where the contract is for equipment, | 14275 |
| services, materials, or supplies available from a qualified | 14276 |
| nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 14277 |
| Revised Code, the board of hospital trustees shall enter into a | 14278 |
|
contract for work or supplies where the estimated cost exceeds
| 14279 |
| fifty thousand dollars with the lowest and best bidder. Where the | 14280 |
| contract is for other than the construction, demolition, | 14281 |
| alteration, repair, or reconstruction of an improvement, the board | 14282 |
| shall enter into the contract when the bidder gives bond to the | 14283 |
|
board, with such security as the board approves, that | 14284 |
| bidder will perform the work and furnish materials or supplies in | 14285 |
| accordance with the contract. On the failure of such bidder within | 14286 |
| a reasonable time, to be fixed by the board, to enter into bond | 14287 |
| with such security, a contract may be made with the next lowest | 14288 |
| and best bidder, and so on until a contract is effected by a | 14289 |
| contractor giving such bond. The board may reject any bid. | 14290 |
| Sec. 753.15. (A) Except as provided in division (B) of this | 14291 |
| section, in a city, a workhouse erected for the joint use of the | 14292 |
| city and the county in which such city is located shall be managed | 14293 |
| and controlled by a joint board composed of the board of county | 14294 |
| commissioners and the board of control of the city, and in a | 14295 |
| village by the board of county commissioners and the board of | 14296 |
| trustees of public affairs. Such joint board shall have all the | 14297 |
| powers and duties in the management, control, and maintenance of | 14298 |
| such workhouse as are conferred upon the director of public safety | 14299 |
| in cities, and in addition thereto it may construct sewers for | 14300 |
| such workhouse and pay therefor from funds raised by taxation for | 14301 |
| the maintenance of such institution. | 14302 |
| The joint board may lease or purchase suitable property and | 14303 |
| buildings for a workhouse, or real estate for the purpose of | 14304 |
| erecting and maintaining a workhouse thereon, but it shall not | 14305 |
|
expend more than | 14306 |
| unless such amount is approved by a majority of the voters of the | 14307 |
| county, exclusive of the municipal corporation, voting at a | 14308 |
| general election. | 14309 |
| (B) In lieu of forming a joint board to manage and control a | 14310 |
| workhouse erected for the joint use of the city and the county in | 14311 |
| which the city is located, the board of county commissioners and | 14312 |
| the legislative authority of the city may enter into a contract | 14313 |
| for the private operation and management of the workhouse as | 14314 |
| provided in section 9.06 of the Revised Code, but only if the | 14315 |
| workhouse is used solely for misdemeanant inmates. In order to | 14316 |
| enter into a contract under section 9.06 of the Revised Code, both | 14317 |
| the board and the legislative authority shall approve and be | 14318 |
| parties to the contract. | 14319 |
| Sec. 755.29. The board of park trustees, before entering | 14320 |
| into any contract for the performance of any work, the cost of | 14321 |
|
which exceeds | 14322 |
| plans and specifications and forms of bids to be prepared, and | 14323 |
| when adopted by the board, shall have them printed for | 14324 |
| distribution among bidders. | 14325 |
| Sec. 755.30. The board of park trustees shall not enter into | 14326 |
| any contract for work or supplies, where the estimated cost | 14327 |
|
thereof exceeds | 14328 |
| thirty days' notice in one newspaper of general circulation in the | 14329 |
| municipal corporation that sealed proposals may be received for | 14330 |
| doing the work or furnishing such materials and supplies. | 14331 |
| Sec. 901.54. | 14332 |
| farmland preservation within the department of agriculture. The | 14333 |
| office shall do all of the following: | 14334 |
| | 14335 |
| development of comprehensive local land use plans that encourage | 14336 |
| the efficient use of public infrastructure and the preservation of | 14337 |
| farmland; | 14338 |
| | 14339 |
| coordinate and assist local farmland preservation initiatives; | 14340 |
| | 14341 |
| 14342 |
| | 14343 |
| importance of farmland preservation and on the significance of | 14344 |
| agriculture and agribusiness to this state's economy; | 14345 |
| | 14346 |
| entities operating on a state, regional, or national level; | 14347 |
| | 14348 |
| monitor the development of lands within this state having prime | 14349 |
| soils or unique microclimates. | 14350 |
| | 14351 |
| 14352 | |
| 14353 | |
| 14354 | |
| 14355 | |
| 14356 | |
| 14357 |
| Sec. 955.16. (A) Dogs that have been seized by the county | 14359 |
| dog warden and impounded shall be kept, housed, and fed for three | 14360 |
| days for the purpose of redemption, as provided by section 955.18 | 14361 |
| of the Revised Code, unless any of the following applies: | 14362 |
| (1) Immediate humane destruction of the dog is necessary | 14363 |
| because of obvious disease or injury. If the diseased or injured | 14364 |
| dog is registered, as determined from the current year's | 14365 |
| registration list maintained by the warden and the county auditor | 14366 |
| of the county where the dog is registered, the necessity of | 14367 |
| destroying the dog shall be certified by a licensed veterinarian | 14368 |
| or a registered veterinary technician. If the dog is not | 14369 |
| registered, the decision to destroy it shall be made by the | 14370 |
| warden. | 14371 |
| (2) The dog is currently registered on the registration list | 14372 |
| maintained by the warden and the auditor of the county where the | 14373 |
| dog is registered and the attempts to notify the owner, keeper, or | 14374 |
| harborer under section 955.12 of the Revised Code have failed, in | 14375 |
| which case the dog shall be kept, housed, and fed for fourteen | 14376 |
| days for the purpose of redemption. | 14377 |
| (3) The warden has contacted the owner, keeper, or harborer | 14378 |
| under section 955.12 of the Revised Code, and the owner, keeper, | 14379 |
| or harborer has requested that the dog remain in the pound or | 14380 |
| animal shelter until the owner, harborer, or keeper redeems the | 14381 |
| dog. The time for such redemption shall be not more than | 14382 |
| forty-eight hours following the end of the appropriate redemption | 14383 |
| period. | 14384 |
| At any time after such periods of redemption, any dog not | 14385 |
| redeemed shall be donated to any nonprofit special agency that is | 14386 |
| engaged in the training of any type of assistance dogs and that | 14387 |
| requests that the dog be donated to it. Any dog not redeemed that | 14388 |
| is not requested by such an agency may be sold, except that no dog | 14389 |
| sold to a person other than a nonprofit teaching or research | 14390 |
| institution or organization of the type described in division (B) | 14391 |
| of this section shall be discharged from the pound or animal | 14392 |
| shelter until the animal has been registered and furnished with a | 14393 |
| valid registration tag. | 14394 |
| (B) Any dog that is not redeemed within the applicable period | 14395 |
| as specified in this section or section 955.12 of the Revised Code | 14396 |
| from the time notice is mailed to its owner, keeper, or harborer | 14397 |
| or is posted at the pound or animal shelter, as required by | 14398 |
| section 955.12 of the Revised Code, and that is not required to be | 14399 |
| donated to a nonprofit special agency engaged in the training of | 14400 |
| any type of assistance dogs may, upon payment to the dog warden or | 14401 |
| poundkeeper of the sum of three dollars, be sold to any nonprofit | 14402 |
|
Ohio institution or organization that is certified by the | 14403 |
| 14404 | |
| research concerning the prevention and treatment of diseases of | 14405 |
| human beings or animals. Any dog that is donated to a nonprofit | 14406 |
| special agency engaged in the training of any type of assistance | 14407 |
| dogs in accordance with division (A) of this section and any dog | 14408 |
| that is sold to any nonprofit teaching or research institution or | 14409 |
| organization shall be discharged from the pound or animal shelter | 14410 |
| without registration and may be kept by the agency or by the | 14411 |
| institution or organization without registration so long as the | 14412 |
| dog is being trained, or is being used for teaching and research | 14413 |
| purposes. | 14414 |
| Any institution or organization certified by the | 14415 |
| 14416 | |
| research purposes pursuant to this section shall, at all | 14417 |
| reasonable times, make the dogs available for inspection by agents | 14418 |
| of the Ohio humane society, appointed pursuant to section 1717.04 | 14419 |
| of the Revised Code, and agents of county humane societies, | 14420 |
| appointed pursuant to section 1717.06 of the Revised Code, in | 14421 |
| order that the agents may prevent the perpetration of any act of | 14422 |
| cruelty, as defined in section 1717.01 of the Revised Code, to the | 14423 |
| dogs. | 14424 |
| (C) Any dog that the dog warden or poundkeeper is unable to | 14425 |
| dispose of, in the manner provided by this section and section | 14426 |
| 955.18 of the Revised Code, may be humanely destroyed, except that | 14427 |
| no dog shall be destroyed until twenty-four hours after it has | 14428 |
| been offered to a nonprofit teaching or research institution or | 14429 |
| organization, as provided in this section, that has made a request | 14430 |
| for dogs to the dog warden or poundkeeper. | 14431 |
| (D) An owner of a dog that is wearing a valid registration | 14432 |
| tag who presents the dog to the dog warden or poundkeeper may | 14433 |
| specify in writing that the dog shall not be offered to a | 14434 |
| nonprofit teaching or research institution or organization, as | 14435 |
| provided in this section. | 14436 |
| (E) A record of all dogs impounded, the disposition of the | 14437 |
| same, the owner's name and address, if known, and a statement of | 14438 |
| costs assessed against the dogs shall be kept by the poundkeeper, | 14439 |
| and the poundkeeper shall furnish a transcript thereof to the | 14440 |
| county treasurer quarterly. | 14441 |
| A record of all dogs received and the source that supplied | 14442 |
| them shall be kept, for a period of three years from the date of | 14443 |
| acquiring the dogs, by all institutions or organizations engaged | 14444 |
| in teaching or research concerning the prevention and treatment of | 14445 |
| diseases of human beings or animals. | 14446 |
| (F) No person shall destroy any dog by the use of a high | 14447 |
| altitude decompression chamber or by any method other than a | 14448 |
| method that immediately and painlessly renders the dog initially | 14449 |
| unconscious and subsequently dead. | 14450 |
| Sec. 955.26. Whenever, in the judgment of the director of | 14451 |
| health, any city or general health district board of health, or | 14452 |
| persons performing the duties of a board of health, rabies is | 14453 |
| prevalent, the director of health, the board, or those persons | 14454 |
| shall declare a quarantine of all dogs in the health district or | 14455 |
| in a part of it. During the quarantine, the owner, keeper, or | 14456 |
| harborer of any dog shall keep it confined on the premises of the | 14457 |
| owner, keeper, or harborer, or in a suitable pound or kennel, at | 14458 |
| the expense of the owner, keeper, or harborer, except that a dog | 14459 |
| may be permitted to leave the premises of its owner, keeper, or | 14460 |
| harborer if it is under leash or under the control of a | 14461 |
| responsible person. The quarantine order shall be considered an | 14462 |
| emergency and need not be published. | 14463 |
| When the quarantine has been declared, the director of | 14464 |
| health, the board, or those persons may require vaccination for | 14465 |
| rabies of all dogs within the health district or part of it. Proof | 14466 |
| of rabies vaccination within a satisfactory period shall be | 14467 |
| demonstrated to the county auditor before any registration is | 14468 |
| issued under section 955.01 of the Revised Code for any dog that | 14469 |
| is required to be vaccinated. | 14470 |
| The | 14471 |
| appropriate methods of rabies vaccination and satisfactory periods | 14472 |
| for purposes of quarantines under this section. | 14473 |
| When a quarantine of dogs has been declared in any health | 14474 |
| district or part of a health district, the county dog warden and | 14475 |
| all other persons having the authority of police officers shall | 14476 |
| assist the health authorities in enforcing the quarantine order. | 14477 |
| When rabies vaccination has been declared compulsory in any health | 14478 |
| district or part of a health district, the dog warden shall assist | 14479 |
| the health authorities in enforcing the vaccination order. | 14480 |
| Notwithstanding the provisions of this section, a city or | 14481 |
| general health district board of health may make orders pursuant | 14482 |
| to sections 3709.20 and 3709.21 of the Revised Code requiring the | 14483 |
| vaccination of dogs. | 14484 |
| Sec. 991.02. (A) There is hereby created the Ohio | 14485 |
| expositions commission, which shall consist of the following | 14486 |
| 14487 | |
| with the advice and consent of the senate; the director of | 14488 |
| development, the director of natural resources, and the director | 14489 |
| of agriculture, or their designated representatives, who shall be | 14490 |
|
ex officio members with voting rights of | 14491 |
|
the | 14492 |
| representatives to which matters dealing with agriculture are | 14493 |
|
generally referred and the | 14494 |
| committee in the senate to which matters dealing with agriculture | 14495 |
| are generally referred, who shall be nonvoting members. If the | 14496 |
| senate is not in session, recess appointments shall be made by the | 14497 |
| governor. | 14498 |
| (B) Of the nine members of the commission appointed by the | 14499 |
| governor, not more than five shall be from one political party, at | 14500 |
| least three members shall receive the major portion of their | 14501 |
| income from farming, and at least one member shall, at the time of | 14502 |
| 14503 | |
|
agricultural society | 14504 |
| section 1711.01 or 1711.02 of the Revised Code. Terms of office | 14505 |
| shall be for six years, commencing on the second day of December | 14506 |
| and ending on the first day of December. Each member shall hold | 14507 |
|
office from the date of | 14508 |
|
for which | 14509 |
| fill a vacancy occurring prior to the expiration of the term for | 14510 |
|
which
| 14511 |
|
for the remainder of | 14512 |
|
office subsequent to the expiration date of | 14513 |
|
until | 14514 |
| of sixty days has elapsed, whichever occurs first. | 14515 |
| The term of each nonvoting, legislative member of the | 14516 |
| commission shall be for two years or until the end of the member's | 14517 |
| legislative term, whichever occurs first. | 14518 |
| (C) The commission shall annually, during the month of | 14519 |
|
December, select from among its members a | 14520 |
| 14521 | |
| chairperson shall carry out | 14522 |
| secretary, who may be a member or employee of the commission, to | 14523 |
| record the minutes of its meetings and to carry out such other | 14524 |
|
duties as may be assigned by the commission, its
| 14525 |
| chairperson, or | 14526 |
| (D) The director of agriculture, the director of natural | 14527 |
| resources, and the director of development, or their designated | 14528 |
| representatives, and the two legislators appointed to the | 14529 |
| commission, as members of the commission shall serve without | 14530 |
| compensation. | 14531 |
| (E) Each of the members of the commission appointed by the | 14532 |
| governor shall be paid the rate established pursuant to division | 14533 |
| (J) of section 124.15 of the Revised Code. All members of the | 14534 |
| commission are entitled to their actual and necessary expenses | 14535 |
| incurred in the performance of their duties as such members, | 14536 |
| payable from the appropriations for the commission. | 14537 |
| (F) The commission shall hold at least one regular meeting in | 14538 |
| each quarter of each calendar year, and shall keep a record of its | 14539 |
| proceedings, which shall be open to the public for inspection. | 14540 |
|
Special meetings may be called by the | 14541 |
|
shall be called by | 14542 |
| request therefor signed by two or more members of the commission. | 14543 |
| Written notice of the time and place of each meeting shall be sent | 14544 |
| to each member of the commission. Six of the voting members of the | 14545 |
| commission shall constitute a quorum. | 14546 |
| (G) The commission shall employ and prescribe the powers and | 14547 |
| duties of a general manager who shall serve in the unclassified | 14548 |
| civil service at a salary fixed pursuant to section 124.14 of the | 14549 |
| Revised Code. The general manager may employ such assistant | 14550 |
|
managers as | 14551 |
| At no time shall such assistant managers exceed four in number, | 14552 |
| one of whom shall be appointed in the classified civil service. | 14553 |
| The general manager may, subject to the approval of the | 14554 |
| commission, employ a fiscal officer and such other officers, | 14555 |
| employees, and consultants with such powers and duties as are | 14556 |
|
necessary to carry out | 14557 |
| 14558 | |
| order to implement this chapter, the general manager may employ | 14559 |
| and fix the compensation of seasonal employees; these employees | 14560 |
| shall be in the unclassified civil service, and the overtime pay | 14561 |
| requirements of section 124.18 of the Revised Code do not apply to | 14562 |
| them. The general manager shall be considered the appointing | 14563 |
| authority of the commission for purposes of Chapter 124. of the | 14564 |
| Revised Code. | 14565 |
| (H) The governor may remove any appointed voting member of | 14566 |
| the commission at any time for inefficiency, neglect of duty, or | 14567 |
| malfeasance in office. | 14568 |
| Sec. 1121.23. Whenever the approval of the superintendent of | 14569 |
| financial institutions is required under Chapters 1101. to 1127. | 14570 |
| of the Revised Code, or under an order or supervisory action | 14571 |
| issued or taken under those chapters, for a person to serve as an | 14572 |
| organizer, incorporator, director, executive officer, or | 14573 |
| controlling shareholder of a bank, or to otherwise have a | 14574 |
| substantial interest in or participate in the management of a | 14575 |
| bank, the superintendent shall request the superintendent of the | 14576 |
| bureau of criminal identification and investigation, or a vendor | 14577 |
| approved by the bureau, to conduct a criminal records check based | 14578 |
|
on the person's fingerprints in accordance with | 14579 |
| 14580 | |
| financial institutions shall request that criminal record | 14581 |
| information from the federal bureau of investigation be obtained | 14582 |
| as part of the criminal records check. Any fee required under | 14583 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 14584 |
| paid by the person who is the subject of the request. | 14585 |
| Sec. 1155.03. Whenever the approval of the superintendent of | 14586 |
| financial institutions is required under Chapters 1151. to 1157. | 14587 |
| of the Revised Code, or under an order or supervisory action | 14588 |
| issued or taken under those chapters, for a person to serve as an | 14589 |
| organizer, incorporator, director, executive officer, or | 14590 |
| controlling person of a savings and loan association, or to | 14591 |
| otherwise have a substantial interest in or participate in the | 14592 |
| management of a savings and loan association, the superintendent | 14593 |
| shall request the superintendent of the bureau of criminal | 14594 |
| identification and investigation, or a vendor approved by the | 14595 |
| bureau, to conduct a criminal records check based on the person's | 14596 |
|
fingerprints in accordance with | 14597 |
| 109.572 of the Revised Code. The superintendent of financial | 14598 |
| institutions shall request that criminal record information from | 14599 |
| the federal bureau of investigation be obtained as part of the | 14600 |
| criminal records check. Any fee required under division (C)(3) of | 14601 |
| section 109.572 of the Revised Code shall be paid by the person | 14602 |
| who is the subject of the request. | 14603 |
| Sec. 1163.05. Whenever the approval of the superintendent of | 14604 |
| financial institutions is required under Chapters 1161. to 1165. | 14605 |
| of the Revised Code, or under an order or supervisory action | 14606 |
| issued or taken under those chapters, for a person to serve as an | 14607 |
| organizer, incorporator, director, executive officer, or | 14608 |
| controlling person of a savings bank, or to otherwise have a | 14609 |
| substantial interest in or participate in the management of a | 14610 |
| savings bank, the superintendent shall request the superintendent | 14611 |
| of the bureau of criminal identification and investigation, or a | 14612 |
| vendor approved by the bureau, to conduct a criminal records check | 14613 |
|
based on the person's fingerprints in accordance with | 14614 |
| 14615 | |
| of financial institutions shall request that criminal record | 14616 |
| information from the federal bureau of investigation be obtained | 14617 |
| as part of the criminal records check. Any fee required under | 14618 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 14619 |
| paid by the person who is the subject of the request. | 14620 |
| Sec. 1315.141. Whenever the approval of the superintendent of | 14621 |
| financial institutions is required under sections 1315.01 to | 14622 |
| 1315.18 of the Revised Code, or under an order or supervisory | 14623 |
| action issued or taken under those sections, for a person to serve | 14624 |
| as an organizer, incorporator, director, executive officer, or | 14625 |
| controlling person of a licensee, or to otherwise have a | 14626 |
| substantial interest in or participate in the management of a | 14627 |
| licensee, the superintendent shall request the superintendent of | 14628 |
| the bureau of criminal identification and investigation, or a | 14629 |
| vendor approved by the bureau, to conduct a criminal records check | 14630 |
|
based on the person's fingerprints in accordance with | 14631 |
| 14632 | |
| of financial institutions shall request that criminal record | 14633 |
| information from the federal bureau of investigation be obtained | 14634 |
| as part of the criminal records check. Any fee required under | 14635 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 14636 |
| paid by the person who is the subject of the request. | 14637 |
| Sec. 1321.37. (A) Application for an original or renewal | 14638 |
| license to make short-term loans shall be in writing, under oath, | 14639 |
| and in the form prescribed by the superintendent of financial | 14640 |
| institutions, and shall contain the name and address of the | 14641 |
| applicant, the location where the business of making loans is to | 14642 |
| be conducted, and any further information as the superintendent | 14643 |
| requires. At the time of making an application for an original | 14644 |
| license, the applicant shall pay to the superintendent a | 14645 |
| nonrefundable investigation fee of two hundred dollars. No | 14646 |
| investigation fee or any portion thereof shall be refunded after | 14647 |
| an original license has been issued. The application for an | 14648 |
| original or renewal license shall be accompanied by an original or | 14649 |
| renewal license fee, for each business location of one thousand | 14650 |
| dollars, except that applications for original licenses issued on | 14651 |
| or after the first day of July for any year shall be accompanied | 14652 |
| by an original license fee of five hundred dollars, and except | 14653 |
| that an application for an original or renewal license, for a | 14654 |
| nonprofit corporation that is incorporated under Chapter 1702. of | 14655 |
| the Revised Code, shall be accompanied by an original or renewal | 14656 |
| license fee, for each business location, that is one-half of the | 14657 |
| fee otherwise required. All fees paid to the superintendent | 14658 |
| pursuant to this division shall be deposited into the state | 14659 |
| treasury to the credit of the consumer finance fund. | 14660 |
| (B) Upon the filing of an application for an original license | 14661 |
| and, with respect to an application filed for a renewal license, | 14662 |
| on a schedule determined by the superintendent by rule adopted | 14663 |
| pursuant to section 1321.43 of the Revised Code, and the payment | 14664 |
| of fees in accordance with division (A) of this section, the | 14665 |
| superintendent shall investigate the facts concerning the | 14666 |
| applicant and the requirements provided by this division. The | 14667 |
| superintendent shall request the superintendent of the bureau of | 14668 |
| criminal identification and investigation, or a vendor approved by | 14669 |
| the bureau, to conduct a criminal records check based on the | 14670 |
|
applicant's fingerprints in accordance with | 14671 |
| section 109.572 of the Revised Code. Notwithstanding division (K) | 14672 |
| of section 121.08 of the Revised Code, the superintendent of | 14673 |
| financial institutions shall request that criminal record | 14674 |
| information from the federal bureau of investigation be obtained | 14675 |
| as part of the criminal records check. The superintendent of | 14676 |
| financial institutions shall conduct a civil records check. The | 14677 |
| superintendent shall approve an application and issue an original | 14678 |
| or renewal license to the applicant if the superintendent finds | 14679 |
| all of the following: | 14680 |
| (1) The financial responsibility, experience, reputation, and | 14681 |
| general fitness of the applicant are such as to warrant the belief | 14682 |
| that the business of making loans will be operated lawfully, | 14683 |
| honestly, and fairly under sections 1321.35 to 1321.48 of the | 14684 |
| Revised Code and within the purposes of those sections; that the | 14685 |
| applicant has fully complied with those sections and any rule or | 14686 |
| order adopted or issued pursuant to section 1321.43 of the Revised | 14687 |
| Code; and that the applicant is qualified to engage in the | 14688 |
| business of making loans under sections 1321.35 to 1321.48 of the | 14689 |
| Revised Code. | 14690 |
| (2) The applicant is financially sound and has a net worth of | 14691 |
| not less than one hundred thousand dollars, or in the case of a | 14692 |
| nonprofit corporation that is incorporated under Chapter 1702. of | 14693 |
| the Revised Code, a net worth of not less than fifty thousand | 14694 |
| dollars. The applicant's net worth shall be computed according to | 14695 |
| generally accepted accounting principles. | 14696 |
| (3) The applicant has never had revoked a license to make | 14697 |
| loans under sections 1321.35 to 1321.48 of the Revised Code, under | 14698 |
| former sections 1315.35 to 1315.44 of the Revised Code, or to do | 14699 |
| business under sections 1315.21 to 1315.30 of the Revised Code. | 14700 |
| (4) Neither the applicant nor any senior officer, or partner | 14701 |
| of the applicant, has pleaded guilty to or been convicted of any | 14702 |
| criminal offense involving theft, receiving stolen property, | 14703 |
| embezzlement, forgery, fraud, passing bad checks, money | 14704 |
| laundering, or drug trafficking, or any criminal offense involving | 14705 |
| money or securities or any violation of an existing or former law | 14706 |
| of this state, any other state, or the United States that | 14707 |
| substantially is equivalent to a criminal offense described in | 14708 |
| that division. However, if the applicant or any of those other | 14709 |
| persons has pleaded guilty to or been convicted of any such | 14710 |
| offense other than theft, the superintendent shall not consider | 14711 |
| the offense if the applicant has proven to the superintendent, by | 14712 |
| a preponderance of the evidence, that the applicant's or other | 14713 |
| person's activities and employment record since the conviction | 14714 |
| show that the applicant or other person is honest, truthful, and | 14715 |
| of good reputation, and there is no basis in fact for believing | 14716 |
| that the applicant or other person will commit such an offense | 14717 |
| again. | 14718 |
| (5) Neither the applicant nor any senior officer, or partner | 14719 |
| of the applicant, has been subject to any adverse judgment for | 14720 |
| conversion, embezzlement, misappropriation of funds, fraud, | 14721 |
| misfeasance or malfeasance, or breach of fiduciary duty, or if the | 14722 |
| applicant or any of those other persons has been subject to such a | 14723 |
| judgment, the applicant has proven to the superintendent, by a | 14724 |
| preponderance of the evidence, that the applicant's or other | 14725 |
| person's activities and employment record since the judgment show | 14726 |
| that the applicant or other person is honest, truthful, and of | 14727 |
| good reputation, and there is no basis in fact for believing that | 14728 |
| the applicant or other person will be subject to such a judgment | 14729 |
| again. | 14730 |
| (C) If the superintendent finds that the applicant does not | 14731 |
| meet the requirements of division (B) of this section, or the | 14732 |
| superintendent finds that the applicant knowingly or repeatedly | 14733 |
| contracts with or employs persons to directly engage in lending | 14734 |
| activities who have been convicted of a felony crime listed in | 14735 |
| division (B)(5) of this section, the superintendent shall issue an | 14736 |
| order denying the application for an original or renewal license | 14737 |
| and giving the applicant an opportunity for a hearing on the | 14738 |
| denial in accordance with Chapter 119. of the Revised Code. The | 14739 |
| superintendent shall notify the applicant of the denial, the | 14740 |
| grounds for the denial, and the applicant's opportunity for a | 14741 |
| hearing. If the application is denied, the superintendent shall | 14742 |
| return the annual license fee but shall retain the investigation | 14743 |
| fee. | 14744 |
| (D) No person licensed under sections 1321.35 to 1321.48 of | 14745 |
| the Revised Code shall conduct business in this state unless the | 14746 |
| licensee has obtained and maintains in effect at all times a | 14747 |
| corporate surety bond issued by a bonding company or insurance | 14748 |
| company authorized to do business in this state. The bond shall be | 14749 |
| in favor of the superintendent and in the penal sum of at least | 14750 |
| one hundred thousand dollars, or in the case of a nonprofit | 14751 |
| corporation that is incorporated under Chapter 1702. of the | 14752 |
| Revised Code, in the amount of fifty thousand dollars. The term of | 14753 |
| the bond shall coincide with the term of the license. The licensee | 14754 |
| shall file a copy of the bond with the superintendent. The bond | 14755 |
| shall be for the exclusive benefit of any borrower injured by a | 14756 |
| violation by a licensee or any employee of a licensee, of any | 14757 |
| provision of sections 1321.35 to 1321.48 of the Revised Code. | 14758 |
| Sec. 1321.53. (A)(1) An application for a certificate of | 14759 |
| registration under sections 1321.51 to 1321.60 of the Revised Code | 14760 |
| shall contain an undertaking by the applicant to abide by those | 14761 |
| sections. The application shall be in writing, under oath, and in | 14762 |
| the form prescribed by the division of financial institutions, and | 14763 |
| shall contain any information that the division may require. | 14764 |
| Applicants that are foreign corporations shall obtain and maintain | 14765 |
| a license pursuant to Chapter 1703. of the Revised Code before a | 14766 |
| certificate is issued or renewed. | 14767 |
| (2) Upon the filing of the application and the payment by the | 14768 |
| applicant of a nonrefundable two-hundred-dollar investigation fee, | 14769 |
| a nonrefundable three-hundred-dollar annual registration fee, and | 14770 |
| any additional fee required by the nationwide mortgage licensing | 14771 |
| system and registry, the division shall investigate the relevant | 14772 |
| facts. If the application involves investigation outside this | 14773 |
| state, the applicant may be required by the division to advance | 14774 |
| sufficient funds to pay any of the actual expenses of such | 14775 |
| investigation, when it appears that these expenses will exceed two | 14776 |
| hundred dollars. An itemized statement of any of these expenses | 14777 |
| which the applicant is required to pay shall be furnished to the | 14778 |
| applicant by the division. No certificate shall be issued unless | 14779 |
| all the required fees have been submitted to the division. | 14780 |
| (3) All applicants making loans secured by an interest in | 14781 |
| real estate shall designate an employee or owner of the applicant | 14782 |
| as the applicant's primary point of contact. While acting as the | 14783 |
| primary point of contact, the employee or owner shall not be | 14784 |
| employed by any other registrant or mortgage broker. | 14785 |
| (4) The investigation undertaken upon application shall | 14786 |
| include both a civil and criminal records check of the applicant | 14787 |
| including any individual whose identity is required to be | 14788 |
| disclosed in the application. Where the applicant is a business | 14789 |
| entity the superintendent shall have the authority to require a | 14790 |
| civil and criminal background check of those persons that in the | 14791 |
| determination of the superintendent have the authority to direct | 14792 |
| and control the operations of the applicant. | 14793 |
| (5)(a) Notwithstanding division (K) of section 121.08 of the | 14794 |
| Revised Code, the superintendent of financial institutions shall | 14795 |
| obtain a criminal history records check and, as part of that | 14796 |
| records check, request that criminal record information from the | 14797 |
| federal bureau of investigation be obtained. To fulfill this | 14798 |
| requirement, the superintendent shall do either of the following: | 14799 |
| (i) Request the superintendent of the bureau of criminal | 14800 |
| identification and investigation, or a vendor approved by the | 14801 |
| bureau, to conduct a criminal records check based on the | 14802 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 14803 |
| based on the applicant's social security number, in accordance | 14804 |
|
with | 14805 |
| (ii) Authorize the nationwide mortgage licensing system and | 14806 |
| registry to request a criminal history background check as set | 14807 |
| forth in division (C) of section 1321.531 of the Revised Code. | 14808 |
| (b) Any fee required under division (C)(3) of section 109.572 | 14809 |
| of the Revised Code or by the nationwide mortgage licensing system | 14810 |
| and registry shall be paid by the applicant. | 14811 |
| (6) If an application for a certificate of registration does | 14812 |
| not contain all of the information required under division (A) of | 14813 |
| this section, and if such information is not submitted to the | 14814 |
| division or to the nationwide mortgage licensing system and | 14815 |
| registry within ninety days after the superintendent or the | 14816 |
| nationwide mortgage licensing system and registry requests the | 14817 |
| information in writing, including by electronic transmission or | 14818 |
| facsimile, the superintendent may consider the application | 14819 |
| withdrawn. | 14820 |
| (7) If the division finds that the financial responsibility, | 14821 |
| experience, character, and general fitness of the applicant | 14822 |
| command the confidence of the public and warrant the belief that | 14823 |
| the business will be operated honestly and fairly in compliance | 14824 |
| with the purposes of sections 1321.51 to 1321.60 of the Revised | 14825 |
| Code and the rules adopted thereunder, and that the applicant has | 14826 |
| the requisite bond or applicable net worth and assets required by | 14827 |
| division (B) of this section, the division shall thereupon issue a | 14828 |
| certificate of registration to the applicant. The superintendent | 14829 |
| shall not use a credit score as the sole basis for a registration | 14830 |
| denial. | 14831 |
| (a)(i) Certificates of registration issued on or after July | 14832 |
| 1, 2010, shall annually expire on the thirty-first day of | 14833 |
| December, unless renewed by the filing of a renewal application | 14834 |
| and payment of a three-hundred-dollar nonrefundable annual | 14835 |
| registration fee, any assessment as determined by the | 14836 |
| superintendent pursuant to division (A)(7)(a)(ii) of this section, | 14837 |
| and any additional fee required by the nationwide mortgage | 14838 |
| licensing system and registry, on or before the last day of | 14839 |
| December of each year. No other fee or assessment shall be | 14840 |
| required of a registrant by the state or any political subdivision | 14841 |
| of this state. | 14842 |
| (ii) If the renewal fees billed by the superintendent | 14843 |
| pursuant to division (A)(7)(a)(i) of this section are less than | 14844 |
| the estimated expenditures of the consumer finance section of the | 14845 |
| division of financial institutions, as determined by the | 14846 |
| superintendent, for the following fiscal year, the superintendent | 14847 |
| may assess each registrant at a rate sufficient to equal in the | 14848 |
| aggregate the difference between the renewal fees billed and the | 14849 |
| estimated expenditures. Each registrant shall pay the assessed | 14850 |
| amount to the superintendent prior to the last day of June. In no | 14851 |
| case shall the assessment exceed ten cents per each one hundred | 14852 |
| dollars of interest (excluding charge-off recoveries), points, | 14853 |
| loan origination charges, and credit line charges collected by | 14854 |
| that registrant during the previous calendar year. If such an | 14855 |
| assessment is imposed, it shall not be less than two hundred fifty | 14856 |
| dollars per registrant and shall not exceed thirty thousand | 14857 |
| dollars less the total renewal fees paid pursuant to division | 14858 |
| (A)(7)(a)(i) of this section by each registrant. | 14859 |
| (b) Registrants shall timely file renewal applications on | 14860 |
| forms prescribed by the division and provide any further | 14861 |
| information that the division may require. If a renewal | 14862 |
| application does not contain all of the information required under | 14863 |
| this section, and if that information is not submitted to the | 14864 |
| division or to the nationwide mortgage licensing system and | 14865 |
| registry within ninety days after the superintendent or the | 14866 |
| nationwide mortgage licensing system and registry requests the | 14867 |
| information in writing, including by electronic transmission or | 14868 |
| facsimile, the superintendent may consider the application | 14869 |
| withdrawn. | 14870 |
| (c) Renewal shall not be granted if the applicant's | 14871 |
| certificate of registration is subject to an order of suspension, | 14872 |
| revocation, or an unpaid and past due fine imposed by the | 14873 |
| superintendent. | 14874 |
| (d) If the division finds the applicant does not meet the | 14875 |
| conditions set forth in this section, it shall issue a notice of | 14876 |
| intent to deny the application, and forthwith notify the applicant | 14877 |
| of the denial, the grounds for the denial, and the applicant's | 14878 |
| reasonable opportunity to be heard on the action in accordance | 14879 |
| with Chapter 119. of the Revised Code. | 14880 |
| (8) If there is a change of five per cent or more in the | 14881 |
| ownership of a registrant, the division may make any investigation | 14882 |
| necessary to determine whether any fact or condition exists that, | 14883 |
| if it had existed at the time of the original application for a | 14884 |
| certificate of registration, the fact or condition would have | 14885 |
| warranted the division to deny the application under division | 14886 |
| (A)(7) of this section. If such a fact or condition is found, the | 14887 |
| division may, in accordance with Chapter 119. of the Revised Code, | 14888 |
| revoke the registrant's certificate. | 14889 |
| (B) Each registrant that engages in lending under sections | 14890 |
| 1321.51 to 1321.60 of the Revised Code shall, if not otherwise | 14891 |
| required to be bonded pursuant to section 1321.533 of the Revised | 14892 |
| Code, maintain both of the following: | 14893 |
| (1) A net worth of at least fifty thousand dollars; | 14894 |
| (2) For each certificate of registration, assets of at least | 14895 |
| fifty thousand dollars either in use or readily available for use | 14896 |
| in the conduct of the business. | 14897 |
| (C) Not more than one place of business shall be maintained | 14898 |
| under the same certificate, but the division may issue additional | 14899 |
| certificates to the same registrant upon compliance with sections | 14900 |
| 1321.51 to 1321.60 of the Revised Code, governing the issuance of | 14901 |
| a single certificate. No change in the place of business of a | 14902 |
| registrant to a location outside the original municipal | 14903 |
| corporation shall be permitted under the same certificate without | 14904 |
| the approval of a new application, the payment of the registration | 14905 |
| fee and, if required by the superintendent, the payment of an | 14906 |
| investigation fee of two hundred dollars. When a registrant wishes | 14907 |
| to change its place of business within the same municipal | 14908 |
| corporation, it shall give written notice of the change in advance | 14909 |
| to the division, which shall provide a certificate for the new | 14910 |
| address without cost. If a registrant changes its name, prior to | 14911 |
| making loans under the new name it shall give written notice of | 14912 |
| the change to the division, which shall provide a certificate in | 14913 |
| the new name without cost. Sections 1321.51 to 1321.60 of the | 14914 |
| Revised Code do not limit the loans of any registrant to residents | 14915 |
| of the community in which the registrant's place of business is | 14916 |
| situated. Each certificate shall be kept conspicuously posted in | 14917 |
| the place of business of the registrant and is not transferable or | 14918 |
| assignable. | 14919 |
| (D) Sections 1321.51 to 1321.60 of the Revised Code do not | 14920 |
| apply to any of the following: | 14921 |
| (1) Entities chartered and lawfully doing business under the | 14922 |
| authority of any law of this state, another state, or the United | 14923 |
| States as a bank, savings bank, trust company, savings and loan | 14924 |
| association, or credit union, or a subsidiary of any such entity, | 14925 |
| which subsidiary is regulated by a federal banking agency and is | 14926 |
| owned and controlled by such a depository institution; | 14927 |
| (2) Life, property, or casualty insurance companies licensed | 14928 |
| to do business in this state; | 14929 |
| (3) Any person that is a lender making a loan pursuant to | 14930 |
| sections 1321.01 to 1321.19 of the Revised Code or a business loan | 14931 |
| as described in division (B)(6) of section 1343.01 of the Revised | 14932 |
| Code; | 14933 |
| (4) Any political subdivision, or any governmental or other | 14934 |
| public entity, corporation, instrumentality, or agency, in or of | 14935 |
| the United States or any state of the United States, or any entity | 14936 |
| described in division (B)(3) of section 1343.01 of the Revised | 14937 |
| Code; | 14938 |
| (5) A college or university, or controlled entity of a | 14939 |
| college or university, as those terms are defined in section | 14940 |
| 1713.05 of the Revised Code; | 14941 |
| (6) A credit union service organization, provided the | 14942 |
| organization utilizes services provided by registered mortgage | 14943 |
| loan originators or the organization complies with section | 14944 |
| 1321.522 of the Revised Code and holds a valid letter of exemption | 14945 |
| issued by the superintendent. | 14946 |
| (E) No person engaged in the business of selling tangible | 14947 |
| goods or services related to tangible goods may receive or retain | 14948 |
| a certificate under sections 1321.51 to 1321.60 of the Revised | 14949 |
| Code for such place of business. | 14950 |
| Sec. 1321.531. (A) An application for a mortgage loan | 14951 |
| originator license shall be in writing, under oath, and in the | 14952 |
| form prescribed by the superintendent of financial institutions. | 14953 |
| The application shall be accompanied by a nonrefundable | 14954 |
| application fee of one hundred fifty dollars and all other | 14955 |
| required fees, including any fees required by the nationwide | 14956 |
| mortgage licensing system and registry. | 14957 |
| (B) The superintendent may establish relationships or enter | 14958 |
| into contracts with the nationwide mortgage licensing system and | 14959 |
| registry, or any entities designated by it, to collect and | 14960 |
| maintain records and process transaction fees or other fees | 14961 |
| related to mortgage loan originator licensees or other persons | 14962 |
| subject to or involved in their licensure. | 14963 |
| (C) In connection with applying for a mortgage loan | 14964 |
| originator license, the applicant shall furnish to the nationwide | 14965 |
| mortgage licensing system and registry the following information | 14966 |
| concerning the applicant's identity: | 14967 |
| (1) The applicant's fingerprints for submission to the | 14968 |
| federal bureau of investigation, and any other governmental agency | 14969 |
| or entity authorized to receive such information, for purposes of | 14970 |
| a state, national, and international criminal history background | 14971 |
| check; | 14972 |
| (2) Personal history and experience in a form prescribed by | 14973 |
| the nationwide mortgage licensing system and registry, along with | 14974 |
| authorization for the superintendent and the nationwide mortgage | 14975 |
| licensing system and registry to obtain the following: | 14976 |
| (a) An independent credit report from a consumer reporting | 14977 |
| agency; | 14978 |
| (b) Information related to any administrative, civil, or | 14979 |
| criminal findings by any governmental jurisdiction. | 14980 |
| (D) In order to effectuate the purposes of divisions (C)(1) | 14981 |
| and (C)(2)(b) of this section, the superintendent may use the | 14982 |
| conference of state bank supervisors, or a wholly owned | 14983 |
| subsidiary, as a channeling agent for requesting information from | 14984 |
| and distributing information to the United States department of | 14985 |
| justice or any other governmental agency. The superintendent may | 14986 |
| also use the nationwide mortgage licensing system and registry as | 14987 |
| a channeling agent for requesting information from and | 14988 |
| distributing information to any source related to matters subject | 14989 |
| to divisions (C)(2)(a) and (b) of this section. | 14990 |
| (E) Upon the filing of the application, payment of the | 14991 |
| application fee, and payment of any additional fee, including any | 14992 |
| fee required by the nationwide mortgage licensing system and | 14993 |
| registry, the superintendent shall investigate the applicant as | 14994 |
| set forth in division (E) of this section. | 14995 |
| (1)(a) Notwithstanding division (K) of section 121.08 of the | 14996 |
| Revised Code, the superintendent shall obtain a criminal history | 14997 |
| records check and, as part of that records check, request that | 14998 |
| criminal record information from the federal bureau of | 14999 |
| investigation be obtained. To fulfill this requirement, the | 15000 |
| superintendent shall do either of the following: | 15001 |
| (i) Request the superintendent of the bureau of criminal | 15002 |
| identification and investigation, or a vendor approved by the | 15003 |
| bureau, to conduct a criminal records check based on the | 15004 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 15005 |
| based on the applicant's social security number in accordance with | 15006 |
| 15007 |
| (ii) Authorize the nationwide mortgage licensing system and | 15008 |
| registry to request a criminal history background check as set | 15009 |
| forth in division (C) of this section. | 15010 |
| (b) Any fee required under division (C)(3) of section 109.572 | 15011 |
| of the Revised Code or by the nationwide mortgage licensing system | 15012 |
| and registry shall be paid by the applicant. | 15013 |
| (2) The superintendent of financial institutions shall | 15014 |
| conduct a civil records check. | 15015 |
| (3) If, in order to issue a license to an applicant, | 15016 |
| additional investigation by the superintendent outside this state | 15017 |
| is necessary, the superintendent may require the applicant to | 15018 |
| advance sufficient funds to pay the actual expenses of the | 15019 |
| investigation, if it appears that these expenses will exceed one | 15020 |
| hundred dollars. The superintendent shall provide the applicant | 15021 |
| with an itemized statement of the actual expenses that the | 15022 |
| applicant is required to pay. | 15023 |
| (F) If an application for a mortgage loan originator license | 15024 |
| does not contain all of the information required under this | 15025 |
| section, and if that information is not submitted to the | 15026 |
| superintendent or to the nationwide mortgage licensing system and | 15027 |
| registry within ninety days after the superintendent or the | 15028 |
| nationwide mortgage licensing system and registry requests the | 15029 |
| information in writing, including by electronic transmission or | 15030 |
| facsimile, the superintendent may consider the application | 15031 |
| withdrawn. | 15032 |
| Sec. 1322.03. (A) An application for a certificate of | 15033 |
| registration as a mortgage broker shall be in writing, under oath, | 15034 |
| and in the form prescribed by the superintendent of financial | 15035 |
| institutions. The application shall be accompanied by a | 15036 |
| nonrefundable application fee of five hundred dollars for each | 15037 |
| location of an office to be maintained by the applicant in | 15038 |
| accordance with division (A) of section 1322.02 of the Revised | 15039 |
| Code and any additional fee required by the nationwide mortgage | 15040 |
| licensing system and registry. The application shall provide all | 15041 |
| of the following: | 15042 |
| (1) The location or locations where the business is to be | 15043 |
| transacted and whether any location is a residence. If any | 15044 |
| location where the business is to be transacted is a residence, | 15045 |
| the superintendent may require that the application be accompanied | 15046 |
| by a copy of a zoning permit authorizing the use of the residence | 15047 |
| for commercial purposes, or by a written opinion or other document | 15048 |
| issued by the county or political subdivision where the residence | 15049 |
| is located certifying that the use of the residence to transact | 15050 |
| business as a mortgage broker is not prohibited by the county or | 15051 |
| political subdivision. | 15052 |
| (2)(a) In the case of a sole proprietor, the name and address | 15053 |
| of the sole proprietor; | 15054 |
| (b) In the case of a partnership, the name and address of | 15055 |
| each partner; | 15056 |
| (c) In the case of a corporation, the name and address of | 15057 |
| each shareholder owning five per cent or more of the corporation; | 15058 |
| (d) In the case of any other entity, the name and address of | 15059 |
| any person that owns five per cent or more of the entity that will | 15060 |
| transact business as a mortgage broker. | 15061 |
| (3) Each applicant shall designate an employee or owner of | 15062 |
| the applicant as the applicant's operations manager. While acting | 15063 |
| as the operations manager, the employee or owner shall be licensed | 15064 |
| as a loan originator under sections 1322.01 to 1322.12 of the | 15065 |
| Revised Code and shall not be employed by any other mortgage | 15066 |
| broker. | 15067 |
| (4) Evidence that the person designated on the application | 15068 |
| pursuant to division (A)(3) of this section possesses at least | 15069 |
| three years of experience in the residential mortgage and lending | 15070 |
| field, which experience may include employment with or as a | 15071 |
| mortgage broker or with a depository institution, mortgage lending | 15072 |
| institution, or other lending institution, or possesses at least | 15073 |
| three years of other experience related specifically to the | 15074 |
| business of residential mortgage loans that the superintendent | 15075 |
| determines meets the requirements of division (A)(4) of this | 15076 |
| section; | 15077 |
| (5) Evidence that the person designated on the application | 15078 |
| pursuant to division (A)(3) of this section has successfully | 15079 |
| completed the pre-licensing instruction requirements set forth in | 15080 |
| section 1322.031 of the Revised Code; | 15081 |
| (6) Evidence of compliance with the surety bond requirements | 15082 |
| of section 1322.05 of the Revised Code and with sections 1322.01 | 15083 |
| to 1322.12 of the Revised Code; | 15084 |
| (7) In the case of a foreign business entity, evidence that | 15085 |
| it maintains a license or registration pursuant to Chapter 1703., | 15086 |
| 1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to | 15087 |
| transact business in this state; | 15088 |
| (8) Evidence that the applicant's operations manager has | 15089 |
| successfully completed the written test required under division | 15090 |
| (A) of section 1322.051 of the Revised Code; | 15091 |
| (9) Any further information that the superintendent requires. | 15092 |
| (B) Upon the filing of the application and payment of the | 15093 |
| nonrefundable application fee and any fee required by the | 15094 |
| nationwide mortgage licensing system and registry, the | 15095 |
| superintendent of financial institutions shall investigate the | 15096 |
| applicant, and any individual whose identity is required to be | 15097 |
| disclosed in the application, as set forth in division (B) of this | 15098 |
| section. | 15099 |
| (1)(a) Notwithstanding division (K) of section 121.08 of the | 15100 |
| Revised Code, the superintendent shall obtain a criminal history | 15101 |
| records check and, as part of that records check, request that | 15102 |
| criminal record information from the federal bureau of | 15103 |
| investigation be obtained. To fulfill this requirement, the | 15104 |
| superintendent shall do either of the following: | 15105 |
| (i) Request the superintendent of the bureau of criminal | 15106 |
| identification and investigation, or a vendor approved by the | 15107 |
| bureau, to conduct a criminal records check based on the | 15108 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 15109 |
| based on the applicant's social security number, in accordance | 15110 |
|
with | 15111 |
| (ii) Authorize the nationwide mortgage licensing system and | 15112 |
| registry to request a criminal history background check. | 15113 |
| (b) Any fee required under division (C)(3) of section 109.572 | 15114 |
| of the Revised Code or by the nationwide mortgage licensing system | 15115 |
| and registry shall be paid by the applicant. | 15116 |
| (2) The superintendent shall conduct a civil records check. | 15117 |
| (3) If, in order to issue a certificate of registration to an | 15118 |
| applicant, additional investigation by the superintendent outside | 15119 |
| this state is necessary, the superintendent may require the | 15120 |
| applicant to advance sufficient funds to pay the actual expenses | 15121 |
| of the investigation, if it appears that these expenses will | 15122 |
| exceed five hundred dollars. The superintendent shall provide the | 15123 |
| applicant with an itemized statement of the actual expenses that | 15124 |
| the applicant is required to pay. | 15125 |
| (C) The superintendent shall pay all funds advanced and | 15126 |
| application and renewal fees and penalties the superintendent | 15127 |
| receives pursuant to this section and section 1322.04 of the | 15128 |
| Revised Code to the treasurer of state to the credit of the | 15129 |
| consumer finance fund created in section 1321.21 of the Revised | 15130 |
| Code. | 15131 |
| (D) If an application for a mortgage broker certificate of | 15132 |
| registration does not contain all of the information required | 15133 |
| under division (A) of this section, and if that information is not | 15134 |
| submitted to the superintendent or to the nationwide mortgage | 15135 |
| licensing system and registry within ninety days after the | 15136 |
| superintendent or the nationwide mortgage licensing system and | 15137 |
| registry requests the information in writing, including by | 15138 |
| electronic transmission or facsimile, the superintendent may | 15139 |
| consider the application withdrawn. | 15140 |
| (E) A mortgage broker certificate of registration and the | 15141 |
| authority granted under that certificate is not transferable or | 15142 |
| assignable and cannot be franchised by contract or any other | 15143 |
| means. | 15144 |
| (F) The registration requirements of this chapter apply to | 15145 |
| any person acting as a mortgage broker, and no person is exempt | 15146 |
| from the requirements of this chapter on the basis of prior work | 15147 |
| or employment as a mortgage broker. | 15148 |
| (G) The superintendent may establish relationships or enter | 15149 |
| into contracts with the nationwide mortgage licensing system and | 15150 |
| registry, or any entities designated by it, to collect and | 15151 |
| maintain records and process transaction fees or other fees | 15152 |
| related to mortgage broker certificates of registration or the | 15153 |
| persons associated with a mortgage broker. | 15154 |
| Sec. 1322.031. (A) An application for a license as a loan | 15155 |
| originator shall be in writing, under oath, and in the form | 15156 |
| prescribed by the superintendent of financial institutions. The | 15157 |
| application shall be accompanied by a nonrefundable application | 15158 |
| fee of one hundred fifty dollars and any additional fee required | 15159 |
| by the nationwide mortgage licensing system and registry. | 15160 |
| (B)(1) The application shall provide evidence, acceptable to | 15161 |
| the superintendent, that the applicant has successfully completed | 15162 |
| at least twenty-four hours of pre-licensing instruction consisting | 15163 |
| of all of the following: | 15164 |
| (a) Twenty hours of instruction in a course or program of | 15165 |
| study reviewed and approved by the nationwide mortgage licensing | 15166 |
| system and registry; | 15167 |
| (b) Four hours of instruction in a course or program of study | 15168 |
| reviewed and approved by the superintendent concerning state | 15169 |
| lending laws and the Ohio consumer sales practices act, Chapter | 15170 |
| 1345. of the Revised Code, as it applies to registrants and | 15171 |
| licensees. | 15172 |
| (2) Notwithstanding division (B)(1) of this section, until | 15173 |
| the nationwide mortgage licensing system and registry implements a | 15174 |
| review and approval program, the application shall provide | 15175 |
| evidence, as determined by the superintendent, that the applicant | 15176 |
| has successfully completed at least twenty-four hours of | 15177 |
| instruction in a course or program of study approved by the | 15178 |
| superintendent that consists of at least all of the following: | 15179 |
| (a) Four hours of instruction concerning state and federal | 15180 |
| mortgage lending laws, which shall include no less than two hours | 15181 |
| on this chapter; | 15182 |
| (b) Four hours of instruction concerning the Ohio consumer | 15183 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 15184 |
| applies to registrants and licensees; | 15185 |
| (c) Four hours of instruction concerning the loan application | 15186 |
| process; | 15187 |
| (d) Two hours of instruction concerning the underwriting | 15188 |
| process; | 15189 |
| (e) Two hours of instruction concerning the secondary market | 15190 |
| for mortgage loans; | 15191 |
| (f) Four hours of instruction concerning the loan closing | 15192 |
| process; | 15193 |
| (g) Two hours of instruction covering basic mortgage | 15194 |
| financing concepts and terms; | 15195 |
| (h) Two hours of instruction concerning the ethical | 15196 |
| responsibilities of a registrant and a licensee, including with | 15197 |
| respect to confidentiality, consumer counseling, and the duties | 15198 |
| and standards of care created in section 1322.081 of the Revised | 15199 |
| Code. | 15200 |
| (3) For purposes of division (B)(1)(a) of this section, the | 15201 |
| review and approval of a course or program of study includes the | 15202 |
| review and approval of the provider of the course or program of | 15203 |
| study. | 15204 |
| (4) If an applicant held a valid loan originator license | 15205 |
| issued by this state at any time during the immediately preceding | 15206 |
| five-year period, the applicant shall not be required to complete | 15207 |
| any additional pre-licensing instruction. For this purpose, any | 15208 |
| time during which the individual is a registered loan originator | 15209 |
| shall not be taken into account. | 15210 |
| (5) A person having successfully completed the pre-licensing | 15211 |
| education requirement reviewed and approved by the nationwide | 15212 |
| mortgage licensing system and registry for any state within the | 15213 |
| previous five years shall be granted credit toward completion of | 15214 |
| the pre-licensing education requirement of this state. | 15215 |
| (C) In addition to the information required under division | 15216 |
| (B) of this section, the application shall provide both of the | 15217 |
| following: | 15218 |
| (1) Evidence that the applicant passed a written test that | 15219 |
| meets the requirements described in division (B) of section | 15220 |
| 1322.051 of the Revised Code; | 15221 |
| (2) Any further information that the superintendent requires. | 15222 |
| (D) Upon the filing of the application and payment of the | 15223 |
| application fee and any fee required by the nationwide mortgage | 15224 |
| licensing system and registry, the superintendent of financial | 15225 |
| institutions shall investigate the applicant as set forth in | 15226 |
| division (D) of this section. | 15227 |
| (1)(a) Notwithstanding division (K) of section 121.08 of the | 15228 |
| Revised Code, the superintendent shall obtain a criminal history | 15229 |
| records check and, as part of the records check, request that | 15230 |
| criminal record information from the federal bureau of | 15231 |
| investigation be obtained. To fulfill this requirement, the | 15232 |
| superintendent shall do either of the following: | 15233 |
| (i) Request the superintendent of the bureau of criminal | 15234 |
| identification and investigation, or a vendor approved by the | 15235 |
| bureau, to conduct a criminal records check based on the | 15236 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 15237 |
| based on the applicant's social security number, in accordance | 15238 |
|
with | 15239 |
| (ii) Authorize the nationwide mortgage licensing system and | 15240 |
| registry to request a criminal history background check. | 15241 |
| (b) Any fee required under division (C)(3) of section 109.572 | 15242 |
| of the Revised Code or by the nationwide mortgage licensing system | 15243 |
| and registry shall be paid by the applicant. | 15244 |
| (2) The superintendent shall conduct a civil records check. | 15245 |
| (3) If, in order to issue a license to an applicant, | 15246 |
| additional investigation by the superintendent outside this state | 15247 |
| is necessary, the superintendent may require the applicant to | 15248 |
| advance sufficient funds to pay the actual expenses of the | 15249 |
| investigation, if it appears that these expenses will exceed one | 15250 |
| hundred fifty dollars. The superintendent shall provide the | 15251 |
| applicant with an itemized statement of the actual expenses that | 15252 |
| the applicant is required to pay. | 15253 |
| (E)(1) In connection with applying for a loan originator | 15254 |
| license, the applicant shall furnish to the nationwide mortgage | 15255 |
| licensing system and registry the following information concerning | 15256 |
| the applicant's identity: | 15257 |
| (a) The applicant's fingerprints for submission to the | 15258 |
| federal bureau of investigation, and any other governmental agency | 15259 |
| or entity authorized to receive such information, for purposes of | 15260 |
| a state, national, and international criminal history background | 15261 |
| check; | 15262 |
| (b) Personal history and experience in a form prescribed by | 15263 |
| the nationwide mortgage licensing system and registry, along with | 15264 |
| authorization for the superintendent and the nationwide mortgage | 15265 |
| licensing system and registry to obtain the following: | 15266 |
| (i) An independent credit report from a consumer reporting | 15267 |
| agency; | 15268 |
| (ii) Information related to any administrative, civil, or | 15269 |
| criminal findings by any governmental jurisdiction. | 15270 |
| (2) In order to effectuate the purposes of divisions | 15271 |
| (E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent | 15272 |
| may use the conference of state bank supervisors, or a wholly | 15273 |
| owned subsidiary, as a channeling agent for requesting information | 15274 |
| from and distributing information to the United States department | 15275 |
| of justice or any other governmental agency. The superintendent | 15276 |
| may also use the nationwide mortgage licensing system and registry | 15277 |
| as a channeling agent for requesting information from and | 15278 |
| distributing information to any source related to matters subject | 15279 |
| to those divisions of this section. | 15280 |
| (F) The superintendent shall pay all funds advanced and | 15281 |
| application and renewal fees and penalties the superintendent | 15282 |
| receives pursuant to this section and section 1322.041 of the | 15283 |
| Revised Code to the treasurer of state to the credit of the | 15284 |
| consumer finance fund created in section 1321.21 of the Revised | 15285 |
| Code. | 15286 |
| (G) If an application for a loan originator license does not | 15287 |
| contain all of the information required under this section, and if | 15288 |
| that information is not submitted to the superintendent or to the | 15289 |
| nationwide mortgage licensing system and registry within ninety | 15290 |
| days after the superintendent or the nationwide mortgage licensing | 15291 |
| system and registry requests the information in writing, including | 15292 |
| by electronic transmission or facsimile, the superintendent may | 15293 |
| consider the application withdrawn. | 15294 |
| (H)(1) The business of a loan originator shall principally be | 15295 |
| transacted at an office of the mortgage broker with whom the | 15296 |
| licensee is employed or associated, which office is registered in | 15297 |
| accordance with division (A) of section 1322.02 of the Revised | 15298 |
| Code. Each original loan originator license shall be deposited | 15299 |
| with and maintained by the mortgage broker at the mortgage | 15300 |
| broker's main office. A copy of the license shall be maintained | 15301 |
| and displayed at the office where the loan originator principally | 15302 |
| transacts business. | 15303 |
| (2) If a loan originator's employment or association is | 15304 |
| terminated for any reason, the mortgage broker shall return the | 15305 |
| original loan originator license to the superintendent within five | 15306 |
| business days after the termination. The licensee may request the | 15307 |
| transfer of the license to another mortgage broker by submitting a | 15308 |
| transfer application, along with a fifteen dollar fee and any fee | 15309 |
| required by the national mortgage licensing system and registry, | 15310 |
| to the superintendent or may request the superintendent in writing | 15311 |
| to hold the license in escrow. Any licensee whose license is held | 15312 |
| in escrow shall cease activity as a loan originator. A licensee | 15313 |
| whose license is held in escrow shall be required to apply for | 15314 |
| renewal annually and to comply with the annual continuing | 15315 |
| education requirement. | 15316 |
| (3) A mortgage broker may employ or be associated with a loan | 15317 |
| originator on a temporary basis pending the transfer of the loan | 15318 |
| originator's license to the mortgage broker, if the mortgage | 15319 |
| broker receives written confirmation from the superintendent that | 15320 |
| the loan originator is licensed under sections 1322.01 to 1322.12 | 15321 |
| of the Revised Code. | 15322 |
| (4) Notwithstanding divisions (H)(1) to (3) of this section, | 15323 |
| if a licensee is employed by or associated with a person or entity | 15324 |
| listed in division (G)(2) of section 1322.01 of the Revised Code, | 15325 |
| all of the following apply: | 15326 |
| (a) The licensee shall maintain and display the original loan | 15327 |
| originator license at the office where the licensee principally | 15328 |
| transacts business; | 15329 |
| (b) If the loan originator's employment or association is | 15330 |
| terminated, the loan originator shall return the original loan | 15331 |
| originator license to the superintendent within five business days | 15332 |
| after termination. The licensee may request the transfer of the | 15333 |
| license to a mortgage broker or another person or entity listed in | 15334 |
| division (G)(2) of section 1322.01 of the Revised Code by | 15335 |
| submitting a transfer application, along with a fifteen-dollar fee | 15336 |
| and any fee required by the national mortgage licensing system and | 15337 |
| registry, to the superintendent or may request the superintendent | 15338 |
| in writing to hold the license in escrow. A licensee whose license | 15339 |
| is held in escrow shall cease activity as a loan originator. A | 15340 |
| licensee whose license is held in escrow shall be required to | 15341 |
| apply for renewal annually and to comply with the annual | 15342 |
| continuing education requirement. | 15343 |
| (c) The licensee may seek to be employed or associated with a | 15344 |
| mortgage broker or person or entity listed in division (G)(2) of | 15345 |
| section 1322.01 of the Revised Code if the mortgage broker or | 15346 |
| person or entity receives written confirmation from the | 15347 |
| superintendent that the loan originator is licensed under sections | 15348 |
| 1322.01 to 1322.12 of the Revised Code. | 15349 |
| (I) The superintendent may establish relationships or enter | 15350 |
| into contracts with the nationwide mortgage licensing system and | 15351 |
| registry, or any entities designated by it, to collect and | 15352 |
| maintain records and process transaction fees or other fees | 15353 |
| related to loan originator licenses or the persons associated with | 15354 |
| a licensee. | 15355 |
| (J) A loan originator license, or the authority granted under | 15356 |
| that license, is not assignable and cannot be franchised by | 15357 |
| contract or any other means. | 15358 |
| Sec. 1345.05. (A) The attorney general shall: | 15359 |
| (1) Adopt, amend, and repeal procedural rules; | 15360 |
| (2) Adopt as a rule a description of the organization of the | 15361 |
| attorney general's office, stating the general courses and methods | 15362 |
| of operation of the section of the office of the attorney general, | 15363 |
| which is to administer Chapter 1345. of the Revised Code and | 15364 |
| methods whereby the public may obtain information or make | 15365 |
| submissions or requests, including a description of all forms and | 15366 |
| instructions used by that office; | 15367 |
| (3) Make available for public inspection all rules and all | 15368 |
| other written statements of policy or interpretations adopted or | 15369 |
| used by the attorney general in the discharge of the attorney | 15370 |
| general's functions, together with all judgments, including | 15371 |
| supporting opinions, by courts of this state that determine the | 15372 |
| rights of the parties and concerning which appellate remedies have | 15373 |
| been exhausted, or lost by the expiration of the time for appeal, | 15374 |
| determining that specific acts or practices violate section | 15375 |
| 1345.02, 1345.03, or 1345.031 of the Revised Code; | 15376 |
| (4) Inform consumers and suppliers on a continuing basis of | 15377 |
| acts or practices that violate Chapter 1345. of the Revised Code | 15378 |
| by, among other things, publishing an informational document | 15379 |
| describing acts and practices in connection with residential | 15380 |
| mortgages that are unfair, deceptive, or unconscionable, and by | 15381 |
| making that information available on the attorney general's | 15382 |
| official web site; | 15383 |
| (5) Cooperate with state and local officials, officials of | 15384 |
| other states, and officials of the federal government in the | 15385 |
| administration of comparable statutes; | 15386 |
| (6) Report annually on or before the | 15387 |
| of January to the governor and the general assembly on the | 15388 |
| operations of the attorney general in respect to Chapter 1345. of | 15389 |
| the Revised Code, and on the acts or practices occurring in this | 15390 |
| state that violate such chapter. The report shall include a | 15391 |
| statement of investigatory and enforcement procedures and | 15392 |
| policies, of the number of investigations and enforcement | 15393 |
| proceedings instituted and of their disposition, and of other | 15394 |
| activities of the state and of other persons to promote the | 15395 |
| purposes of Chapter 1345. of the Revised Code. | 15396 |
| (7) In carrying out official duties, the attorney general | 15397 |
| shall not disclose publicly the identity of suppliers investigated | 15398 |
| or the facts developed in investigations unless these matters have | 15399 |
| become a matter of public record in enforcement proceedings, in | 15400 |
| public hearings conducted pursuant to division (B)(1) of this | 15401 |
| section, or the suppliers investigated have consented in writing | 15402 |
| to public disclosure. | 15403 |
| (B) The attorney general may: | 15404 |
| (1) Conduct research, make inquiries, hold public hearings, | 15405 |
| and publish studies relating to consumer transactions; | 15406 |
| (2) Adopt, amend, and repeal substantive rules defining with | 15407 |
| reasonable specificity acts or practices that violate sections | 15408 |
| 1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting, | 15409 |
| amending, or repealing substantive rules defining acts or | 15410 |
| practices that violate section 1345.02 of the Revised Code, due | 15411 |
| consideration and great weight shall be given to federal trade | 15412 |
| commission orders, trade regulation rules and guides, and the | 15413 |
| federal courts' interpretations of subsection 45(a)(1) of the | 15414 |
| "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. | 15415 |
| 41, as amended. | 15416 |
| In adopting, amending, or repealing such rules concerning a | 15417 |
| consumer transaction in connection with a residential mortgage, | 15418 |
| the attorney general shall consult with the superintendent of | 15419 |
| financial institutions and shall give due consideration to state | 15420 |
| and federal statutes, regulations, administrative agency | 15421 |
| interpretations, and case law. | 15422 |
| (C) In the conduct of public hearings authorized by this | 15423 |
| section, the attorney general may administer oaths, subpoena | 15424 |
| witnesses, adduce evidence, and require the production of relevant | 15425 |
| material. Upon failure of a person without lawful excuse to obey a | 15426 |
| subpoena or to produce relevant matter, the attorney general may | 15427 |
| apply to a court of common pleas for an order compelling | 15428 |
| compliance. | 15429 |
| (D) The attorney general may request that an individual who | 15430 |
| refuses to testify or to produce relevant material on the ground | 15431 |
| that the testimony or matter may incriminate the individual be | 15432 |
| ordered by the court to provide the testimony or matter. With the | 15433 |
| exception of a prosecution for perjury and an action for damages | 15434 |
| under section 1345.07 or 1345.09 of the Revised Code, an | 15435 |
| individual who complies with a court order to provide testimony or | 15436 |
| matter, after asserting a privilege against self incrimination to | 15437 |
| which the individual is entitled by law, shall not be subjected to | 15438 |
| a criminal proceeding on the basis of the testimony or matter | 15439 |
| discovered through that testimony or matter. | 15440 |
| (E) Any person may petition the attorney general requesting | 15441 |
| the adoption, amendment, or repeal of a rule. The attorney general | 15442 |
| shall prescribe by rule the form for such petitions and the | 15443 |
| procedure for their submission, consideration, and disposition. | 15444 |
| Within sixty days of submission of a petition, the attorney | 15445 |
| general shall either deny the petition in writing, stating the | 15446 |
| reasons for the denial, or initiate rule-making proceedings. There | 15447 |
| is no right to appeal from such denial of a petition. | 15448 |
| (F) All rules shall be adopted subject to Chapter 119. of the | 15449 |
| Revised Code. | 15450 |
| (G) The informational document published in accordance with | 15451 |
| division (A)(4) of this section shall be made available for | 15452 |
| distribution to consumers who are applying for a mortgage loan. An | 15453 |
| acknowledgement of receipt shall be retained by the lender, | 15454 |
| mortgage broker, and loan officer, as applicable, subject to | 15455 |
| review by the attorney general and the department of commerce. | 15456 |
| Sec. 1501.04. There is hereby created in the department of | 15457 |
| natural resources a recreation and resources commission composed | 15458 |
| of the chairperson of the wildlife council created under section | 15459 |
| 1531.03 of the Revised Code, the chairperson of the parks and | 15460 |
| recreation council created under section 1541.40 of the Revised | 15461 |
| Code, the chairperson of the waterways safety council created | 15462 |
| under section 1547.73 of the Revised Code, the chairperson of the | 15463 |
| technical advisory council on oil and gas created under section | 15464 |
| 1509.38 of the Revised Code, the chairperson of the forestry | 15465 |
| advisory council created under section 1503.40 of the Revised | 15466 |
| Code, the chairperson of the Ohio soil and water conservation | 15467 |
| commission created under section 1515.02 of the Revised Code, the | 15468 |
| chairperson of the Ohio natural areas council created under | 15469 |
| section 1517.03 of the Revised Code, the chairperson of the Ohio | 15470 |
| water advisory council created under section 1521.031 of the | 15471 |
|
Revised Code, | 15472 |
| 15473 | |
| 15474 | |
| created under section 1505.11 of the Revised Code, and five | 15475 |
| members appointed by the governor with the advice and consent of | 15476 |
| the senate, not more than three of whom shall belong to the same | 15477 |
| political party. The director of natural resources shall be an ex | 15478 |
| officio member of the commission, with a voice in its | 15479 |
| deliberations, but without the power to vote. | 15480 |
| Terms of office of members of the commission appointed by the | 15481 |
| governor shall be for five years, commencing on the second day of | 15482 |
| February and ending on the first day of February. Each member | 15483 |
| shall hold office from the date of appointment until the end of | 15484 |
| the term for which the member was appointed. | 15485 |
| In the event of the death, removal, resignation, or | 15486 |
| incapacity of a member of the commission, the governor, with the | 15487 |
| advice and consent of the senate, shall appoint a successor who | 15488 |
| shall hold office for the remainder of the term for which the | 15489 |
| member's predecessor was appointed. Any member shall continue in | 15490 |
| office subsequent to the expiration date of the member's term | 15491 |
| until the member's successor takes office, or until a period of | 15492 |
| sixty days has elapsed, whichever occurs first. | 15493 |
| The governor may remove any appointed member of the | 15494 |
| commission for misfeasance, nonfeasance, or malfeasance in office. | 15495 |
| The commission shall exercise no administrative function, but | 15496 |
| may do any of the following: | 15497 |
| (A) Advise with and recommend to the director as to plans and | 15498 |
| programs for the management, development, utilization, and | 15499 |
| conservation of the natural resources of the state; | 15500 |
| (B) Advise with and recommend to the director as to methods | 15501 |
| of coordinating the work of the divisions of the department; | 15502 |
| (C) Consider and make recommendations upon any matter that | 15503 |
| the director may submit to it; | 15504 |
| (D) Submit to the governor biennially recommendations for | 15505 |
| amendments to the conservation laws of the state. | 15506 |
| Each member of the commission, before entering upon the | 15507 |
| discharge of the member's duties, shall take and subscribe to an | 15508 |
| oath of office, which oath, in writing, shall be filed in the | 15509 |
| office of the secretary of state. | 15510 |
| The members of the commission shall serve without | 15511 |
| compensation, but shall be entitled to receive their actual and | 15512 |
| necessary expenses incurred in the performance of their official | 15513 |
| duties. | 15514 |
| The commission, by a majority vote of all its members, shall | 15515 |
| adopt and amend bylaws. | 15516 |
| To be eligible for appointment, a person shall be a citizen | 15517 |
| of the United States and an elector of the state and shall possess | 15518 |
| a knowledge of and have an interest in the natural resources of | 15519 |
| this state. | 15520 |
| The commission shall hold at least four regular quarterly | 15521 |
| meetings each year. Special meetings shall be held at such times | 15522 |
| as the bylaws of the commission provide. Notices of all meetings | 15523 |
| shall be given in such manner as the bylaws provide. The | 15524 |
| commission shall choose annually from among its members a | 15525 |
| chairperson to preside over its meetings and a secretary to keep a | 15526 |
| record of its proceedings. A majority of the members of the | 15527 |
| commission constitutes a quorum. No advice shall be given or | 15528 |
| recommendation made without a majority of the members of the | 15529 |
| commission concurring in it. | 15530 |
| Sec. 1503.012. There is hereby created in the state treasury | 15531 |
| the forestry mineral royalties fund. The fund shall consist of | 15532 |
| money deposited into it under section 1509.73 of the Revised Code. | 15533 |
| Any investment proceeds earned on money in the fund shall be | 15534 |
| credited to the fund. | 15535 |
| Money in the fund shall be used by the division of forestry | 15536 |
| to acquire land and to pay capital costs, including equipment and | 15537 |
| repairs and renovations of facilities, that are owned by the state | 15538 |
| and administered by the division. Expenditures from the fund for | 15539 |
| those purposes shall be approved by the director of natural | 15540 |
| resources. | 15541 |
| The director of natural resources also may request the | 15542 |
| director of budget and management to transfer money from the | 15543 |
| forestry mineral royalties fund to the parks mineral royalties | 15544 |
| fund created in section 1541.26 of the Revised Code. The director | 15545 |
| of budget and management shall transfer the money pursuant to the | 15546 |
| request if the director consents to the request. Money that is | 15547 |
| transferred to the parks mineral royalties fund shall be used for | 15548 |
| the purposes specified in section 1541.26 of the Revised Code. | 15549 |
| Sec. 1503.43. (A) As used in this section: | 15550 |
| (1) "Wilderness area" means a contiguous area of relatively | 15551 |
| undeveloped state-owned land administered by the division of | 15552 |
| forestry and consisting of not less than five thousand acres or of | 15553 |
| sufficient size as to make practicable its preservation and use in | 15554 |
| an unimpaired condition that either has retained its natural | 15555 |
| character and influence or has been substantially restored to a | 15556 |
| near natural appearance and that meets both of the following | 15557 |
| qualifications: | 15558 |
| (a) The area is one in which humankind's past influences are | 15559 |
| largely unnoticed; | 15560 |
| (b) The area has outstanding opportunities for solitude or | 15561 |
| for a primitive and unconfined type of recreation. | 15562 |
| (2) "Utility facility" includes, without limitation, towers, | 15563 |
| poles, pipes, sewers, tubing, conduits, conductors, cables, | 15564 |
| valves, lines, wires, manholes, and appurtenances thereto owned by | 15565 |
| a utility facility operator. | 15566 |
| (3) "Utility facility operator" means a person or public | 15567 |
| authority that supplies any of the following materials or services | 15568 |
| by means of a utility facility: | 15569 |
| (a) Flammable, toxic, or corrosive gas; | 15570 |
| (b) Crude oil, petroleum products, or hazardous liquids; | 15571 |
| (c) Coal; | 15572 |
| (d) Electricity; | 15573 |
| (e) Electronic, telephonic, or telegraphic communications; | 15574 |
| (f) Television signals; | 15575 |
| (g) Sewage disposal or drainage; | 15576 |
| (h) Potable water; | 15577 |
| (i) Steam or hot water. | 15578 |
| (B) That portion of contiguous state lands located in Scioto | 15579 |
| and Adams counties and within the Shawnee state forest and bounded | 15580 |
| by forest road seventeen and sunshine ridge to the north, by upper | 15581 |
| Twin Creek road to the east and northeast, by United States route | 15582 |
| fifty-two to the south, and by lower Twin Creek road to the west | 15583 |
| and southwest is hereby designated the Shawnee wilderness area. | 15584 |
| Except as otherwise specifically provided by this section or by | 15585 |
| rule adopted under this chapter, the provisions of this chapter | 15586 |
| apply to the Shawnee wilderness area, and that area shall continue | 15587 |
| to be a part of the Shawnee state forest. | 15588 |
| (C) The Shawnee wilderness area shall be managed to preserve | 15589 |
| natural conditions and ensure the continuance of natural | 15590 |
| processes. The chief of the division of forestry, with the | 15591 |
| approval of the director of natural resources, shall administer | 15592 |
| the Shawnee wilderness area in accordance with a management plan, | 15593 |
| which the chief shall develop and adopt within one year after | 15594 |
| September 14, 1988. Sixty days prior to adopting a plan, the chief | 15595 |
| shall solicit public review and comment on a draft plan. At least | 15596 |
| once every ten years, the chief shall conduct a review of the | 15597 |
| plan, with public input, and revise the plan as appropriate. The | 15598 |
| chief shall make the plan available for review by any person upon | 15599 |
| request. | 15600 |
| (D) Notwithstanding any other authority granted to the chief | 15601 |
| under this chapter, the chief shall include within the management | 15602 |
| plan adopted under division (C) of this section prohibitions of | 15603 |
| the following activities within the Shawnee wilderness area except | 15604 |
| for the areas exempted in division (E) of this section: | 15605 |
| (1) Picking, removal, cutting, or alteration in any manner of | 15606 |
| any vegetation unless the person first has obtained written | 15607 |
| consent from the chief for that activity and the action is | 15608 |
| necessary for appropriate public access, the preservation or | 15609 |
| restoration of a plant or wildlife species, or the documentation | 15610 |
| of scientific values; | 15611 |
| (2) Granting of any easement or license, or sale or lease of | 15612 |
| any of the land, for any purpose. Division (D)(2) of this section | 15613 |
| does not apply to any private easement or license in existence on | 15614 |
| September 14, 1988. | 15615 |
| (3) Exploration for or extraction of any coal, oil, gas, or | 15616 |
| minerals; | 15617 |
| (4) Operation, construction, or installation of a utility | 15618 |
| facility above or below the surface of the land; | 15619 |
| (5) Operation of a commercial enterprise; | 15620 |
| (6) Except as provided in division (D)(7) of this section, | 15621 |
| construction of a road upon any of the land or use of the land as | 15622 |
| a road; | 15623 |
| (7) Except as is necessary to meet emergency requirements for | 15624 |
| administration of the area: | 15625 |
| (a) Landing of an aircraft; | 15626 |
| (b) Operation of a motor vehicle, motor boat, other form of | 15627 |
| mechanical transport, or motorized equipment; | 15628 |
| (c) Construction of any building or other structure; | 15629 |
| (d) Use of the land as a temporary road. | 15630 |
| (E)(1) The following areas, which now are necessary for the | 15631 |
| administration of the Shawnee state forest and the state forest | 15632 |
| system, are not subject to the prohibitions of division (D) of | 15633 |
| this section: | 15634 |
| (a) The Buena Vista manager's residence; | 15635 |
| (b) The Buena Vista walnut seed orchard | 15636 |
| | 15637 |
| (2) The following areas, which now are necessary for the | 15638 |
| administration of the Shawnee state forest and the state forest | 15639 |
| system, are not subject to the prohibition established in division | 15640 |
| (D)(7)(b) of this section for the purpose of trail maintenance: | 15641 |
| (a) The hiking trail west of upper Twin Creek road known as | 15642 |
| the wilderness loop; | 15643 |
| (b) Buckhorn ridge bridle trail; | 15644 |
| (c) Cabbage patch bridle trail. | 15645 |
| (3) At any time that the chief makes a determination that it | 15646 |
| is no longer necessary for the administration of the Shawnee state | 15647 |
| forest or the state forest system for an area excluded in division | 15648 |
| (E)(1) or (2) of this section to be excluded, the area shall | 15649 |
|
become subject to the prohibitions | 15650 |
| of this section or the prohibition established in division | 15651 |
| (D)(7)(b) of this section, as applicable. | 15652 |
| (F) The chief, in developing a management plan under division | 15653 |
| (C) of this section, may not prohibit any hunting, fishing, or | 15654 |
| trapping that is done in conformity with Chapters 1531. and 1533. | 15655 |
| of the Revised Code or any rules adopted under those chapters. | 15656 |
| Sec. 1506.42. The state, acting through the director of | 15657 |
| natural resources, subject to section 1506.46 of the Revised Code, | 15658 |
| may enter into agreements with counties, townships, municipal | 15659 |
| corporations, park boards, and conservancy districts, other | 15660 |
| political subdivisions, or any state departments or divisions for | 15661 |
| the purpose of constructing and maintaining projects to control | 15662 |
| erosion along the Ohio shoreline of Lake Erie and in any rivers | 15663 |
| and bays that are connected with Lake Erie and any other | 15664 |
| watercourses that flow into Lake Erie. Such projects also may be | 15665 |
| constructed on any Lake Erie island that is situated within the | 15666 |
| boundaries of the state. | 15667 |
| The cost of such shore erosion projects that are for the | 15668 |
| benefit of public littoral property shall be prorated on the basis | 15669 |
| of two-thirds of the total cost to the state through | 15670 |
| appropriations made to the department of natural resources and | 15671 |
| one-third of the cost to the counties, townships, municipal | 15672 |
| corporations, park boards, conservancy districts, or other | 15673 |
| political subdivisions. | 15674 |
| If a shore erosion emergency is declared by the governor, the | 15675 |
| state, acting through the director, may spend whatever state funds | 15676 |
| are available to alleviate shore erosion, without participation by | 15677 |
| any political subdivision, regardless of whether the project will | 15678 |
| benefit public or private littoral property. | 15679 |
| A board of county commissioners, acting for the county over | 15680 |
| which it has jurisdiction, may enter into and carry out agreements | 15681 |
| with the director for the construction and maintenance of projects | 15682 |
| to control shore erosion. In providing the funds for the county's | 15683 |
| proportionate share of the cost of constructing and maintaining | 15684 |
| the projects referred to in this section, the board shall be | 15685 |
| governed by and may issue and refund bonds in accordance with | 15686 |
| Chapter 133. of the Revised Code. | 15687 |
| A municipal corporation or a township, acting through the | 15688 |
| legislative authority or the board of township trustees, may enter | 15689 |
| into and carry out agreements with the director for the purpose of | 15690 |
| constructing and maintaining projects to control shore erosion. In | 15691 |
| providing the funds for the municipal corporation's or township's | 15692 |
| proportionate share of the cost of constructing and maintaining | 15693 |
| the projects referred to in this section, a municipal corporation | 15694 |
| or township may issue and refund bonds in accordance with Chapter | 15695 |
| 133. of the Revised Code. The contract shall be executed on behalf | 15696 |
| of the municipal corporation or township by the mayor, city | 15697 |
| manager, or other chief executive officer who has the authority to | 15698 |
| act for the municipal corporation or township. | 15699 |
| Conservancy districts may enter into and carry out agreements | 15700 |
| with the director, in accordance with the intent of this section, | 15701 |
| under the powers conferred upon conservancy districts under | 15702 |
| Chapter 6101. of the Revised Code. | 15703 |
| Park boards may enter into and carry out agreements with the | 15704 |
| director, in accordance with the intent of this section, and issue | 15705 |
| bonds for that purpose under the powers conferred upon park | 15706 |
| districts under Chapter 1545. of the Revised Code. | 15707 |
| The director shall approve and supervise all projects that | 15708 |
| are to be constructed in accordance with this section. The | 15709 |
| director shall not proceed with the construction of any project | 15710 |
| until all funds that are to be paid by the county, township, | 15711 |
| municipal corporation, park board, or conservancy district, in | 15712 |
| accordance with the terms of the agreement entered into between | 15713 |
| the director and the county, township, municipal corporation, park | 15714 |
| board, or conservancy district, are in the director's possession | 15715 |
| and deposited in the shore erosion fund, which is hereby created | 15716 |
| in the state treasury. If the director finds it to be in the best | 15717 |
| interests of the state to construct projects as set forth in this | 15718 |
| section by the state itself, without the financial contribution of | 15719 |
| counties, townships, municipal corporations, park boards, or | 15720 |
| conservancy districts, the director may construct the projects. | 15721 |
| In deciding whether to assist a county or municipal | 15722 |
| corporation in constructing and maintaining a project under this | 15723 |
| section, the state, acting through the director, shall consider, | 15724 |
| among other factors, whether the county or municipal corporation | 15725 |
| has adopted or is in the process of adopting a Lake Erie coastal | 15726 |
| erosion area resolution or ordinance under division (D) of section | 15727 |
| 1506.07 of the Revised Code. | 15728 |
| All projects constructed by the state in conformity with | 15729 |
| sections 1506.38 to 1506.46 of the Revised Code shall be | 15730 |
| constructed subject to sections 153.01 to 153.20 of the Revised | 15731 |
|
Code, except that the | 15732 |
| construction commission is not required to prepare the plans and | 15733 |
| specifications for those projects. | 15734 |
| Sec. 1509.01. As used in this chapter: | 15735 |
| (A) "Well" means any borehole, whether drilled or bored, | 15736 |
| within the state for production, extraction, or injection of any | 15737 |
| gas or liquid mineral, excluding potable water to be used as such, | 15738 |
| but including natural or artificial brines and oil field waters. | 15739 |
| (B) "Oil" means crude petroleum oil and all other | 15740 |
| hydrocarbons, regardless of gravity, that are produced in liquid | 15741 |
| form by ordinary production methods, but does not include | 15742 |
| hydrocarbons that were originally in a gaseous phase in the | 15743 |
| reservoir. | 15744 |
| (C) "Gas" means all natural gas and all other fluid | 15745 |
| hydrocarbons that are not oil, including condensate. | 15746 |
| (D) "Condensate" means liquid hydrocarbons that were | 15747 |
| originally in the gaseous phase in the reservoir. | 15748 |
| (E) "Pool" means an underground reservoir containing a common | 15749 |
| accumulation of oil or gas, or both, but does not include a gas | 15750 |
| storage reservoir. Each zone of a geological structure that is | 15751 |
| completely separated from any other zone in the same structure may | 15752 |
| contain a separate pool. | 15753 |
| (F) "Field" means the general area underlaid by one or more | 15754 |
| pools. | 15755 |
| (G) "Drilling unit" means the minimum acreage on which one | 15756 |
| well may be drilled, but does not apply to a well for injecting | 15757 |
| gas into or removing gas from a gas storage reservoir. | 15758 |
| (H) "Waste" includes all of the following: | 15759 |
| (1) Physical waste, as that term generally is understood in | 15760 |
| the oil and gas industry; | 15761 |
| (2) Inefficient, excessive, or improper use, or the | 15762 |
| unnecessary dissipation, of reservoir energy; | 15763 |
| (3) Inefficient storing of oil or gas; | 15764 |
| (4) Locating, drilling, equipping, operating, or producing an | 15765 |
| oil or gas well in a manner that reduces or tends to reduce the | 15766 |
| quantity of oil or gas ultimately recoverable under prudent and | 15767 |
| proper operations from the pool into which it is drilled or that | 15768 |
| causes or tends to cause unnecessary or excessive surface loss or | 15769 |
| destruction of oil or gas; | 15770 |
| (5) Other underground or surface waste in the production or | 15771 |
| storage of oil, gas, or condensate, however caused. | 15772 |
| (I) "Correlative rights" means the reasonable opportunity to | 15773 |
| every person entitled thereto to recover and receive the oil and | 15774 |
| gas in and under the person's tract or tracts, or the equivalent | 15775 |
| thereof, without having to drill unnecessary wells or incur other | 15776 |
| unnecessary expense. | 15777 |
| (J) "Tract" means a single, individually taxed parcel of land | 15778 |
| appearing on the tax list. | 15779 |
| (K) "Owner," unless referring to a mine, means the person who | 15780 |
| has the right to drill on a tract or drilling unit, to drill into | 15781 |
| and produce from a pool, and to appropriate the oil or gas | 15782 |
| produced therefrom either for the person or for others, except | 15783 |
| that a person ceases to be an owner with respect to a well when | 15784 |
| the well has been plugged in accordance with applicable rules | 15785 |
| adopted and orders issued under this chapter. "Owner" does not | 15786 |
| include a person who obtains a lease of the mineral rights for oil | 15787 |
| and gas on a parcel of land if the person does not attempt to | 15788 |
| produce or produce oil or gas from a well or obtain a permit under | 15789 |
| this chapter for a well or if the entire interest of a well is | 15790 |
| transferred to the person in accordance with division (B) of | 15791 |
| section 1509.31 of the Revised Code. | 15792 |
| (L) "Royalty interest" means the fee holder's share in the | 15793 |
| production from a well. | 15794 |
| (M) "Discovery well" means the first well capable of | 15795 |
| producing oil or gas in commercial quantities from a pool. | 15796 |
| (N) "Prepared clay" means a clay that is plastic and is | 15797 |
| thoroughly saturated with fresh water to a weight and consistency | 15798 |
| great enough to settle through saltwater in the well in which it | 15799 |
| is to be used, except as otherwise approved by the chief of the | 15800 |
| division of oil and gas resources management. | 15801 |
| (O) "Rock sediment" means the combined cutting and residue | 15802 |
| from drilling sedimentary rocks and formation. | 15803 |
| (P) "Excavations and workings," "mine," and "pillar" have the | 15804 |
| same meanings as in section 1561.01 of the Revised Code. | 15805 |
| (Q) "Coal bearing township" means a township designated as | 15806 |
| such by the chief of the division of mineral resources management | 15807 |
| under section 1561.06 of the Revised Code. | 15808 |
| (R) "Gas storage reservoir" means a continuous area of a | 15809 |
| subterranean porous sand or rock stratum or strata into which gas | 15810 |
| is or may be injected for the purpose of storing it therein and | 15811 |
| removing it therefrom and includes a gas storage reservoir as | 15812 |
| defined in section 1571.01 of the Revised Code. | 15813 |
| (S) "Safe Drinking Water Act" means the "Safe Drinking Water | 15814 |
| Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the | 15815 |
| "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 | 15816 |
| U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986," | 15817 |
| 100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water | 15818 |
| Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and | 15819 |
| regulations adopted under those acts. | 15820 |
| (T) "Person" includes any political subdivision, department, | 15821 |
| agency, or instrumentality of this state; the United States and | 15822 |
| any department, agency, or instrumentality thereof; and any legal | 15823 |
| entity defined as a person under section 1.59 of the Revised Code. | 15824 |
| (U) "Brine" means all saline geological formation water | 15825 |
| resulting from, obtained from, or produced in connection with | 15826 |
| exploration, drilling, well stimulation, production of oil or gas, | 15827 |
| or plugging of a well. | 15828 |
| (V) "Waters of the state" means all streams, lakes, ponds, | 15829 |
| marshes, watercourses, waterways, springs, irrigation systems, | 15830 |
| drainage systems, and other bodies of water, surface or | 15831 |
| underground, natural or artificial, that are situated wholly or | 15832 |
| partially within this state or within its jurisdiction, except | 15833 |
| those private waters that do not combine or effect a junction with | 15834 |
| natural surface or underground waters. | 15835 |
| (W) "Exempt Mississippian well" means a well that meets all | 15836 |
| of the following criteria: | 15837 |
| (1) Was drilled and completed before January 1, 1980; | 15838 |
| (2) Is located in an unglaciated part of the state; | 15839 |
| (3) Was completed in a reservoir no deeper than the | 15840 |
| Mississippian Big Injun sandstone in areas underlain by | 15841 |
| Pennsylvanian or Permian stratigraphy, or the Mississippian Berea | 15842 |
| sandstone in areas directly underlain by Permian stratigraphy; | 15843 |
| (4) Is used primarily to provide oil or gas for domestic use. | 15844 |
| (X) "Exempt domestic well" means a well that meets all of the | 15845 |
| following criteria: | 15846 |
| (1) Is owned by the owner of the surface estate of the tract | 15847 |
| on which the well is located; | 15848 |
| (2) Is used primarily to provide gas for the owner's domestic | 15849 |
| use; | 15850 |
| (3) Is located more than two hundred feet horizontal distance | 15851 |
| from any inhabited private dwelling house other than an inhabited | 15852 |
| private dwelling house located on the tract on which the well is | 15853 |
| located; | 15854 |
| (4) Is located more than two hundred feet horizontal distance | 15855 |
| from any public building that may be used as a place of resort, | 15856 |
| assembly, education, entertainment, lodging, trade, manufacture, | 15857 |
| repair, storage, traffic, or occupancy by the public. | 15858 |
| (Y) "Urbanized area" means an area where a well or production | 15859 |
| facilities of a well are located within a municipal corporation or | 15860 |
| within a township that has an unincorporated population of more | 15861 |
| than five thousand in the most recent federal decennial census | 15862 |
| prior to the issuance of the permit for the well or production | 15863 |
| facilities. | 15864 |
| (Z) "Well stimulation" or "stimulation of a well" means the | 15865 |
| process of enhancing well productivity, including hydraulic | 15866 |
| fracturing operations. | 15867 |
| (AA) "Production operation" means all operations and | 15868 |
| activities and all related equipment, facilities, and other | 15869 |
| structures that may be used in or associated with the exploration | 15870 |
| and production of oil, gas, or other mineral resources that are | 15871 |
| regulated under this chapter, including operations and activities | 15872 |
| associated with site preparation, site construction, access road | 15873 |
| construction, well drilling, well completion, well stimulation, | 15874 |
| well site activities, reclamation, and plugging. "Production | 15875 |
| operation" also includes all of the following: | 15876 |
| (1) The piping, equipment, and facilities used for the | 15877 |
| production and preparation of hydrocarbon gas or liquids for | 15878 |
| transportation or delivery; | 15879 |
| (2) The processes of extraction and recovery, lifting, | 15880 |
| stabilization, treatment, separation, production processing, | 15881 |
| storage, waste disposal, and measurement of hydrocarbon gas and | 15882 |
| liquids, including related equipment and facilities; | 15883 |
| (3) The processes and related equipment and facilities | 15884 |
| associated with production compression, gas lift, gas injection, | 15885 |
| fuel gas supply, well drilling, well stimulation, and well | 15886 |
| completion activities, including dikes, pits, and earthen and | 15887 |
| other impoundments used for the temporary storage of fluids and | 15888 |
| waste substances associated with well drilling, well stimulation, | 15889 |
| and well completion activities. | 15890 |
| (BB) "Annular overpressurization" means the accumulation of | 15891 |
| fluids within an annulus with sufficient pressure to allow | 15892 |
| migration of annular fluids into underground sources of drinking | 15893 |
| water. | 15894 |
| (CC) "Idle and orphaned well" means a well for which a bond | 15895 |
| has been forfeited or an abandoned well for which no money is | 15896 |
| available to plug the well in accordance with this chapter and | 15897 |
| rules adopted under it. | 15898 |
| (DD) "Temporarily inactive well" means a well that has been | 15899 |
| granted temporary inactive status under section 1509.062 of the | 15900 |
| Revised Code. | 15901 |
| (EE) "Material and substantial violation" means any of the | 15902 |
| following: | 15903 |
| (1) Failure to obtain a permit to drill, reopen, convert, | 15904 |
| plugback, or plug a well under this chapter; | 15905 |
| (2) Failure to obtain or maintain insurance coverage that is | 15906 |
| required under this chapter; | 15907 |
| (3) Failure to obtain or maintain a surety bond that is | 15908 |
| required under this chapter; | 15909 |
| (4) Failure to plug an abandoned well or idle and orphaned | 15910 |
| well unless the well has been granted temporary inactive status | 15911 |
| under section 1509.062 of the Revised Code or the chief of the | 15912 |
| division of oil and gas resources management has approved another | 15913 |
| option concerning the abandoned well or idle and orphaned well; | 15914 |
| (5) Failure to restore a disturbed land surface as required | 15915 |
| by section 1509.072 of the Revised Code; | 15916 |
| (6) Failure to reimburse the oil and gas well fund pursuant | 15917 |
| to a final order issued under section 1509.071 of the Revised | 15918 |
| Code; | 15919 |
| (7) Failure to comply with a final nonappealable order of the | 15920 |
| chief issued under section 1509.04 of the Revised Code; | 15921 |
| (8) Failure to remit a fee that is required by this chapter | 15922 |
| or a rule adopted under this chapter. | 15923 |
| (FF) "Severer" has the same meaning as in section 5749.01 of | 15924 |
| the Revised Code. | 15925 |
| (GG) "Horizontal well" means a well that is drilled for the | 15926 |
| production of oil or natural gas in which the wellbore reaches a | 15927 |
| horizontal or near horizontal position and the well is stimulated. | 15928 |
| (HH) "Payout date" means the first date on which the gross | 15929 |
| receipts generated by a horizontal well equal or exceed production | 15930 |
| costs incurred by the owner on that well. | 15931 |
| (II) "Production costs" means the sum of the costs incurred | 15932 |
| by an owner to construct and operate a horizontal well including, | 15933 |
| but not limited to, construction materials for the well, such as | 15934 |
| cement and casing, lease or royalty payments to a landowner or | 15935 |
| landowners, and labor costs of any person paid compensation who is | 15936 |
| under the supervision or control of the well owner for work done | 15937 |
| on or at the well. "Production costs" does not include amounts | 15938 |
| paid to a partnership interest or similar business arrangement, | 15939 |
| applicable taxes imposed on the well owner, and any other cost not | 15940 |
| considered production costs by the director of the department of | 15941 |
| natural resources. | 15942 |
| (JJ) "First day of production" means the earlier of the date | 15943 |
| on which a horizontal well begins to sever or the date on which | 15944 |
| the owner of such well begins to sell in this state natural | 15945 |
| resources severed by the well. | 15946 |
| (KK) "Well pad" means the area that may be cleared and | 15947 |
| prepared for the drilling of one or more wells. | 15948 |
| Sec. 1509.06. (A) An application for a permit to drill a new | 15949 |
| well, drill an existing well deeper, reopen a well, convert a well | 15950 |
| to any use other than its original purpose, or plug back a well to | 15951 |
| a different source of supply, including associated production | 15952 |
| operations, shall be filed with the chief of the division of oil | 15953 |
| and gas resources management upon such form as the chief | 15954 |
| prescribes and shall contain each of the following that is | 15955 |
| applicable: | 15956 |
| (1) The name and address of the owner and, if a corporation, | 15957 |
| the name and address of the statutory agent; | 15958 |
| (2) The signature of the owner or the owner's authorized | 15959 |
| agent. When an authorized agent signs an application, it shall be | 15960 |
| accompanied by a certified copy of the appointment as such agent. | 15961 |
| (3) The names and addresses of all persons holding the | 15962 |
| royalty interest in the tract upon which the well is located or is | 15963 |
| to be drilled or within a proposed drilling unit; | 15964 |
| (4) The location of the tract or drilling unit on which the | 15965 |
| well is located or is to be drilled identified by section or lot | 15966 |
| number, city, village, township, and county; | 15967 |
| (5) Designation of the well by name and number; | 15968 |
| (6) The geological formation to be tested or used and the | 15969 |
| proposed total depth of the well; | 15970 |
| (7) The type of drilling equipment to be used; | 15971 |
| (8) If the well is for the injection of a liquid, identity of | 15972 |
| the geological formation to be used as the injection zone and the | 15973 |
| composition of the liquid to be injected; | 15974 |
| (9) For an application for a permit to drill a new well | 15975 |
| within an urbanized area, a sworn statement that the applicant has | 15976 |
| provided notice by regular mail of the application to the owner of | 15977 |
| each parcel of real property that is located within five hundred | 15978 |
| feet of the surface location of the well and to the executive | 15979 |
| authority of the municipal corporation or the board of township | 15980 |
| trustees of the township, as applicable, in which the well is to | 15981 |
| be located. In addition, the notice shall contain a statement that | 15982 |
| informs an owner of real property who is required to receive the | 15983 |
| notice under division (A)(9) of this section that within five days | 15984 |
| of receipt of the notice, the owner is required to provide notice | 15985 |
| under section 1509.60 of the Revised Code to each residence in an | 15986 |
| occupied dwelling that is located on the owner's parcel of real | 15987 |
| property. The notice shall contain a statement that an application | 15988 |
| has been filed with the division of oil and gas resources | 15989 |
| management, identify the name of the applicant and the proposed | 15990 |
| well location, include the name and address of the division, and | 15991 |
| contain a statement that comments regarding the application may be | 15992 |
| sent to the division. The notice may be provided by hand delivery | 15993 |
| or regular mail. The identity of the owners of parcels of real | 15994 |
| property shall be determined using the tax records of the | 15995 |
| municipal corporation or county in which a parcel of real property | 15996 |
| is located as of the date of the notice. | 15997 |
| (10) A plan for restoration of the land surface disturbed by | 15998 |
| drilling operations. The plan shall provide for compliance with | 15999 |
| the restoration requirements of division (A) of section 1509.072 | 16000 |
| of the Revised Code and any rules adopted by the chief pertaining | 16001 |
| to that restoration. | 16002 |
| (11) A description by name or number of the county, township, | 16003 |
| and municipal corporation roads, streets, and highways that the | 16004 |
| applicant anticipates will be used for access to and egress from | 16005 |
| the well site; | 16006 |
| (12) Such other relevant information as the chief prescribes | 16007 |
| by rule. | 16008 |
| Each application shall be accompanied by a map, on a scale | 16009 |
| not smaller than four hundred feet to the inch, prepared by an | 16010 |
| Ohio registered surveyor, showing the location of the well and | 16011 |
| containing such other data as may be prescribed by the chief. If | 16012 |
| the well is or is to be located within the excavations and | 16013 |
| workings of a mine, the map also shall include the location of the | 16014 |
| mine, the name of the mine, and the name of the person operating | 16015 |
| the mine. | 16016 |
| (B) The chief shall cause a copy of the weekly circular | 16017 |
| prepared by the division to be provided to the county engineer of | 16018 |
| each county that contains active or proposed drilling activity. | 16019 |
| The weekly circular shall contain, in the manner prescribed by the | 16020 |
| chief, the names of all applicants for permits, the location of | 16021 |
| each well or proposed well, the information required by division | 16022 |
| (A)(11) of this section, and any additional information the chief | 16023 |
| prescribes. In addition, the chief promptly shall transfer an | 16024 |
| electronic copy or facsimile, or if those methods are not | 16025 |
| available to a municipal corporation or township, a copy via | 16026 |
| regular mail, of a drilling permit application to the clerk of the | 16027 |
| legislative authority of the municipal corporation or to the clerk | 16028 |
| of the township in which the well or proposed well is or is to be | 16029 |
| located if the legislative authority of the municipal corporation | 16030 |
| or the board of township trustees has asked to receive copies of | 16031 |
| such applications and the appropriate clerk has provided the chief | 16032 |
| an accurate, current electronic mailing address or facsimile | 16033 |
| number, as applicable. | 16034 |
| (C)(1) Except as provided in division (C)(2) of this section, | 16035 |
| the chief shall not issue a permit for at least ten days after the | 16036 |
| date of filing of the application for the permit unless, upon | 16037 |
| reasonable cause shown, the chief waives that period or a request | 16038 |
| for expedited review is filed under this section. However, the | 16039 |
| chief shall issue a permit within twenty-one days of the filing of | 16040 |
| the application unless the chief denies the application by order. | 16041 |
| (2) If the location of a well or proposed well will be or is | 16042 |
| within an urbanized area, the chief shall not issue a permit for | 16043 |
| at least eighteen days after the date of filing of the application | 16044 |
| for the permit unless, upon reasonable cause shown, the chief | 16045 |
| waives that period or the chief at the chief's discretion grants a | 16046 |
| request for an expedited review. However, the chief shall issue a | 16047 |
| permit for a well or proposed well within an urbanized area within | 16048 |
| thirty days of the filing of the application unless the chief | 16049 |
| denies the application by order. | 16050 |
| (D) An applicant may file a request with the chief for | 16051 |
| expedited review of a permit application if the well is not or is | 16052 |
| not to be located in a gas storage reservoir or reservoir | 16053 |
| protective area, as "reservoir protective area" is defined in | 16054 |
| section 1571.01 of the Revised Code. If the well is or is to be | 16055 |
| located in a coal bearing township, the application shall be | 16056 |
| accompanied by the affidavit of the landowner prescribed in | 16057 |
| section 1509.08 of the Revised Code. | 16058 |
| In addition to a complete application for a permit that meets | 16059 |
| the requirements of this section and the permit fee prescribed by | 16060 |
| this section, a request for expedited review shall be accompanied | 16061 |
| by a separate nonrefundable filing fee of two hundred fifty | 16062 |
| dollars. Upon the filing of a request for expedited review, the | 16063 |
| chief shall cause the county engineer of the county in which the | 16064 |
| well is or is to be located to be notified of the filing of the | 16065 |
| permit application and the request for expedited review by | 16066 |
| telephone or other means that in the judgment of the chief will | 16067 |
| provide timely notice of the application and request. The chief | 16068 |
| shall issue a permit within seven days of the filing of the | 16069 |
| request unless the chief denies the application by order. | 16070 |
| Notwithstanding the provisions of this section governing expedited | 16071 |
| review of permit applications, the chief may refuse to accept | 16072 |
| requests for expedited review if, in the chief's judgment, the | 16073 |
| acceptance of the requests would prevent the issuance, within | 16074 |
| twenty-one days of their filing, of permits for which applications | 16075 |
| are pending. | 16076 |
| (E) A well shall be drilled and operated in accordance with | 16077 |
| the plans, sworn statements, and other information submitted in | 16078 |
| the approved application. | 16079 |
| (F) The chief shall issue an order denying a permit if the | 16080 |
| chief finds that there is a substantial risk that the operation | 16081 |
| will result in violations of this chapter or rules adopted under | 16082 |
| it that will present an imminent danger to public health or safety | 16083 |
| or damage to the environment, provided that where the chief finds | 16084 |
| that terms or conditions to the permit can reasonably be expected | 16085 |
| to prevent such violations, the chief shall issue the permit | 16086 |
| subject to those terms or conditions, including, if applicable, | 16087 |
| terms and conditions regarding subjects identified in rules | 16088 |
| adopted under section 1509.03 of the Revised Code. The issuance of | 16089 |
| a permit shall not be considered an order of the chief. | 16090 |
| (G) Each application for a permit required by section 1509.05 | 16091 |
| of the Revised Code, except an application to plug back an | 16092 |
| existing well that is required by that section and an application | 16093 |
| for a well drilled or reopened for purposes of section 1509.22 of | 16094 |
| the Revised Code, also shall be accompanied by a nonrefundable fee | 16095 |
| as follows: | 16096 |
| (1) Five hundred dollars for a permit to conduct activities | 16097 |
| in a township with a population of fewer than ten thousand; | 16098 |
| (2) Seven hundred fifty dollars for a permit to conduct | 16099 |
| activities in a township with a population of ten thousand or | 16100 |
| more, but fewer than fifteen thousand; | 16101 |
| (3) One thousand dollars for a permit to conduct activities | 16102 |
| in either of the following: | 16103 |
| (a) A township with a population of fifteen thousand or more; | 16104 |
| (b) A municipal corporation regardless of population. | 16105 |
| (4) If the application is for a permit that requires | 16106 |
| mandatory pooling, an additional five thousand dollars. | 16107 |
| For purposes of calculating fee amounts, populations shall be | 16108 |
| determined using the most recent federal decennial census. | 16109 |
| Each application for the revision or reissuance of a permit | 16110 |
| shall be accompanied by a nonrefundable fee of two hundred fifty | 16111 |
| dollars. | 16112 |
| (H) Prior to the issuance of a permit to drill a proposed | 16113 |
| well that is to be located in an urbanized area, the division | 16114 |
| shall conduct a site review to identify and evaluate any | 16115 |
| site-specific terms and conditions that may be attached to the | 16116 |
| permit. At the site review, a representative of the division shall | 16117 |
| consider fencing, screening, and landscaping requirements, if any, | 16118 |
| for similar structures in the community in which the well is | 16119 |
| proposed to be located. The terms and conditions that are attached | 16120 |
| to the permit shall include the establishment of fencing, | 16121 |
| screening, and landscaping requirements for the surface facilities | 16122 |
| of the proposed well, including a tank battery of the well. | 16123 |
| (I) A permit shall be issued by the chief in accordance with | 16124 |
| this chapter. A permit issued under this section for a well that | 16125 |
| is or is to be located in an urbanized area shall be valid for | 16126 |
| twelve months, and all other permits issued under this section | 16127 |
| shall be valid for twenty-four months. | 16128 |
| (J) A permittee or a permittee's authorized representative | 16129 |
| shall notify an inspector from the division at least twenty-four | 16130 |
| hours, or another time period agreed to by the chief's authorized | 16131 |
| representative, prior to the commencement of drilling, reopening, | 16132 |
| converting, well stimulation, or plugback operations. | 16133 |
| (K) A permittee for a horizontal well shall pay a fee of | 16134 |
| twenty-five thousand dollars to the county treasurer of the county | 16135 |
| in which the horizontal well will be located, and notify the | 16136 |
| treasurer of the parcel number of such well, before the permittee | 16137 |
| begins construction of the well pad on which the well will be | 16138 |
| situated. The permittee shall pay an additional fee of twenty-five | 16139 |
| thousand dollars to the county treasurer for each subsequent well | 16140 |
| drilled on the same well pad, which shall be paid prior to the | 16141 |
| commencement of drilling the well. The permittee shall notify the | 16142 |
| treasurer of the parcel number of the subsequent well at the time | 16143 |
| of paying the additional fee for the well. The county treasurer | 16144 |
| shall deposit the money in accordance with section 321.49 of the | 16145 |
| Revised Code. | 16146 |
| Sec. 1509.071. (A) When the chief of the division of oil and | 16147 |
| gas resources management finds that an owner has failed to comply | 16148 |
| with a final nonappealable order issued or compliance agreement | 16149 |
| entered into under section 1509.04, the restoration requirements | 16150 |
| of section 1509.072, plugging requirements of section 1509.12, or | 16151 |
| permit provisions of section 1509.13 of the Revised Code, or rules | 16152 |
| and orders relating thereto, the chief shall make a finding of | 16153 |
| that fact and declare any surety bond filed to ensure compliance | 16154 |
| with those sections and rules forfeited in the amount set by rule | 16155 |
| of the chief. The chief thereupon shall certify the total | 16156 |
| forfeiture to the attorney general, who shall proceed to collect | 16157 |
| the amount of the forfeiture. In addition, the chief may require | 16158 |
| an owner, operator, producer, or other person who forfeited a | 16159 |
| surety bond to post a new surety bond in the amount of fifteen | 16160 |
| thousand dollars for a single well, thirty thousand dollars for | 16161 |
| two wells, or fifty thousand dollars for three or more wells. | 16162 |
| In lieu of total forfeiture, the surety or owner, at the | 16163 |
| surety's or owner's option, may cause the well to be properly | 16164 |
| plugged and abandoned and the area properly restored or pay to the | 16165 |
| treasurer of state the cost of plugging and abandonment. | 16166 |
| (B) All moneys collected because of forfeitures of bonds as | 16167 |
| provided in this section shall be deposited in the state treasury | 16168 |
| to the credit of the oil and gas well fund created in section | 16169 |
| 1509.02 of the Revised Code. | 16170 |
| The chief annually shall spend not less than fourteen per | 16171 |
| cent of the revenue credited to the fund during the previous | 16172 |
| fiscal year for the following purposes: | 16173 |
| (1) In accordance with division (D) of this section, to plug | 16174 |
| idle and orphaned wells or to restore the land surface properly as | 16175 |
| required in section 1509.072 of the Revised Code; | 16176 |
| (2) In accordance with division (E) of this section, to | 16177 |
| correct conditions that the chief reasonably has determined are | 16178 |
| causing imminent health or safety risks at an idle and orphaned | 16179 |
| well or a well for which the owner cannot be contacted in order to | 16180 |
| initiate a corrective action within a reasonable period of time as | 16181 |
| determined by the chief. | 16182 |
| Expenditures from the fund shall be made only for lawful | 16183 |
| purposes. In addition, expenditures from the fund shall not be | 16184 |
| made to purchase real property or to remove a dwelling in order to | 16185 |
| access a well. | 16186 |
| (C)(1) Upon determining that the owner of a well has failed | 16187 |
| to properly plug and abandon it or to properly restore the land | 16188 |
| surface at the well site in compliance with the applicable | 16189 |
| requirements of this chapter and applicable rules adopted and | 16190 |
| orders issued under it or that a well is an abandoned well for | 16191 |
| which no funds are available to plug the well in accordance with | 16192 |
| this chapter, the chief shall do all of the following: | 16193 |
| (a) Determine from the records in the office of the county | 16194 |
| recorder of the county in which the well is located the identity | 16195 |
| of the owner of the land on which the well is located, the | 16196 |
| identity of the owner of the oil or gas lease under which the well | 16197 |
| was drilled or the identity of each person owning an interest in | 16198 |
| the lease, and the identities of the persons having legal title | 16199 |
| to, or a lien upon, any of the equipment appurtenant to the well; | 16200 |
| (b) Mail notice to the owner of the land on which the well is | 16201 |
| located informing the landowner that the well is to be plugged. If | 16202 |
| the owner of the oil or gas lease under which the well was drilled | 16203 |
| is different from the owner of the well or if any persons other | 16204 |
| than the owner of the well own interests in the lease, the chief | 16205 |
| also shall mail notice that the well is to be plugged to the owner | 16206 |
| of the lease or to each person owning an interest in the lease, as | 16207 |
| appropriate. | 16208 |
| (c) Mail notice to each person having legal title to, or a | 16209 |
| lien upon, any equipment appurtenant to the well, informing the | 16210 |
| person that the well is to be plugged and offering the person the | 16211 |
| opportunity to plug the well and restore the land surface at the | 16212 |
| well site at the person's own expense in order to avoid forfeiture | 16213 |
| of the equipment to this state. | 16214 |
| (2) If none of the persons described in division (C)(1)(c) of | 16215 |
| this section plugs the well within sixty days after the mailing of | 16216 |
| the notice required by that division, all equipment appurtenant to | 16217 |
| the well is hereby declared to be forfeited to this state without | 16218 |
| compensation and without the necessity for any action by the state | 16219 |
| for use to defray the cost of plugging and abandoning the well and | 16220 |
| restoring the land surface at the well site. | 16221 |
| (D) Expenditures from the fund for the purpose of division | 16222 |
| (B)(1) of this section shall be made in accordance with either of | 16223 |
| the following: | 16224 |
| (1) The expenditures may be made pursuant to contracts | 16225 |
| entered into by the chief with persons who agree to furnish all of | 16226 |
| the materials, equipment, work, and labor as specified and | 16227 |
| provided in such a contract for activities associated with the | 16228 |
| restoration or plugging of a well as determined by the chief. The | 16229 |
| activities may include excavation to uncover a well, geophysical | 16230 |
| methods to locate a buried well when clear evidence of leakage | 16231 |
| from the well exists, cleanout of wellbores to remove material | 16232 |
| from a failed plugging of a well, plugging operations, | 16233 |
| installation of vault and vent systems, including associated | 16234 |
| engineering certifications and permits, restoration of property, | 16235 |
| and repair of damage to property that is caused by such | 16236 |
| activities. Expenditures shall not be used for salaries, | 16237 |
| maintenance, equipment, or other administrative purposes, except | 16238 |
| for costs directly attributed to the plugging of an idle and | 16239 |
| orphaned well. Agents or employees of persons contracting with the | 16240 |
| chief for a restoration or plugging project may enter upon any | 16241 |
| land, public or private, on which the well is located for the | 16242 |
| purpose of performing the work. Prior to such entry, the chief | 16243 |
| shall give to the following persons written notice of the | 16244 |
| existence of a contract for a project to restore or plug a well, | 16245 |
| the names of the persons with whom the contract is made, and the | 16246 |
| date that the project will commence: the owner of the well, the | 16247 |
| owner of the land upon which the well is located, the owner or | 16248 |
| agents of adjoining land, and, if the well is located in the same | 16249 |
| township as or in a township adjacent to the excavations and | 16250 |
| workings of a mine and the owner or lessee of that mine has | 16251 |
| provided written notice identifying those townships to the chief | 16252 |
| at any time during the immediately preceding three years, the | 16253 |
| owner or lessee of the mine. | 16254 |
| (2)(a) The owner of the land on which a well is located who | 16255 |
| has received notice under division (C)(1)(b) of this section may | 16256 |
| plug the well and be reimbursed by the division of oil and gas | 16257 |
| resources management for the reasonable cost of plugging the well. | 16258 |
| In order to plug the well, the landowner shall submit an | 16259 |
| application to the chief on a form prescribed by the chief and | 16260 |
| approved by the technical advisory council on oil and gas created | 16261 |
| in section 1509.38 of the Revised Code. The application, at a | 16262 |
| minimum, shall require the landowner to provide the same | 16263 |
| information as is required to be included in the application for a | 16264 |
| permit to plug and abandon under section 1509.13 of the Revised | 16265 |
| Code. The application shall be accompanied by a copy of a proposed | 16266 |
| contract to plug the well prepared by a contractor regularly | 16267 |
| engaged in the business of plugging oil and gas wells. The | 16268 |
| proposed contract shall require the contractor to furnish all of | 16269 |
| the materials, equipment, work, and labor necessary to plug the | 16270 |
| well properly and shall specify the price for doing the work, | 16271 |
| including a credit for the equipment appurtenant to the well that | 16272 |
| was forfeited to the state through the operation of division | 16273 |
| (C)(2) of this section. Expenditures under division (D)(2)(a) of | 16274 |
| this section shall be consistent with the expenditures for | 16275 |
| activities described in division (D)(1) of this section. The | 16276 |
| application also shall be accompanied by the permit fee required | 16277 |
| by section 1509.13 of the Revised Code unless the chief, in the | 16278 |
| chief's discretion, waives payment of the permit fee. The | 16279 |
| application constitutes an application for a permit to plug and | 16280 |
| abandon the well for the purposes of section 1509.13 of the | 16281 |
| Revised Code. | 16282 |
| (b) Within thirty days after receiving an application and | 16283 |
| accompanying proposed contract under division (D)(2)(a) of this | 16284 |
| section, the chief shall determine whether the plugging would | 16285 |
| comply with the applicable requirements of this chapter and | 16286 |
| applicable rules adopted and orders issued under it and whether | 16287 |
| the cost of the plugging under the proposed contract is | 16288 |
| reasonable. If the chief determines that the proposed plugging | 16289 |
| would comply with those requirements and that the proposed cost of | 16290 |
| the plugging is reasonable, the chief shall notify the landowner | 16291 |
| of that determination and issue to the landowner a permit to plug | 16292 |
| and abandon the well under section 1509.13 of the Revised Code. | 16293 |
| Upon approval of the application and proposed contract, the chief | 16294 |
| shall transfer ownership of the equipment appurtenant to the well | 16295 |
| to the landowner. The chief may disapprove an application | 16296 |
| submitted under division (D)(2)(a) of this section if the chief | 16297 |
| determines that the proposed plugging would not comply with the | 16298 |
| applicable requirements of this chapter and applicable rules | 16299 |
| adopted and orders issued under it, that the cost of the plugging | 16300 |
| under the proposed contract is unreasonable, or that the proposed | 16301 |
| contract is not a bona fide, arm's length contract. | 16302 |
| (c) After receiving the chief's notice of the approval of the | 16303 |
| application and permit to plug and abandon a well under division | 16304 |
| (D)(2)(b) of this section, the landowner shall enter into the | 16305 |
| proposed contract to plug the well. | 16306 |
| (d) Upon determining that the plugging has been completed in | 16307 |
| compliance with the applicable requirements of this chapter and | 16308 |
| applicable rules adopted and orders issued under it, the chief | 16309 |
| shall reimburse the landowner for the cost of the plugging as set | 16310 |
| forth in the proposed contract approved by the chief. The | 16311 |
| reimbursement shall be paid from the oil and gas well fund. If the | 16312 |
| chief determines that the plugging was not completed in accordance | 16313 |
| with the applicable requirements, the chief shall not reimburse | 16314 |
| the landowner for the cost of the plugging, and the landowner or | 16315 |
| the contractor, as applicable, promptly shall transfer back to | 16316 |
| this state title to and possession of the equipment appurtenant to | 16317 |
| the well that previously was transferred to the landowner under | 16318 |
| division (D)(2)(b) of this section. If any such equipment was | 16319 |
| removed from the well during the plugging and sold, the landowner | 16320 |
| shall pay to the chief the proceeds from the sale of the | 16321 |
| equipment, and the chief promptly shall pay the moneys so received | 16322 |
| to the treasurer of state for deposit into the oil and gas well | 16323 |
| fund. | 16324 |
| The chief may establish an annual limit on the number of | 16325 |
| wells that may be plugged under division (D)(2) of this section or | 16326 |
| an annual limit on the expenditures to be made under that | 16327 |
| division. | 16328 |
| As used in division (D)(2) of this section, "plug" and | 16329 |
| "plugging" include the plugging of the well and the restoration of | 16330 |
| the land surface disturbed by the plugging. | 16331 |
| (E) Expenditures from the oil and gas well fund for the | 16332 |
| purpose of division (B)(2) of this section may be made pursuant to | 16333 |
| contracts entered into by the chief with persons who agree to | 16334 |
| furnish all of the materials, equipment, work, and labor as | 16335 |
| specified and provided in such a contract. The competitive bidding | 16336 |
| requirements of Chapter 153. of the Revised Code do not apply if | 16337 |
| the chief reasonably determines that an emergency situation exists | 16338 |
| requiring immediate action for the correction of the applicable | 16339 |
|
health or safety risk | 16340 |
| purchase of materials for purposes of addressing the emergency | 16341 |
| situation is not subject to division (B) of section 127.16 of the | 16342 |
| Revised Code. The chief, designated representatives of the chief, | 16343 |
| and agents or employees of persons contracting with the chief | 16344 |
| under this division may enter upon any land, public or private, | 16345 |
| for the purpose of performing the work. | 16346 |
| (F) Contracts entered into by the chief under this section | 16347 |
|
are not subject to | 16348 |
| (1) Chapter 4115. of the Revised Code; | 16349 |
| (2) Section 153.54 of the Revised Code, except that the | 16350 |
| contractor shall obtain and provide to the chief as a bid guaranty | 16351 |
| a surety bond or letter of credit in an amount equal to ten per | 16352 |
| cent of the amount of the contract; | 16353 |
| (3) Section 4733.17 of the Revised Code. | 16354 |
| (G) The owner of land on which a well is located who has | 16355 |
| received notice under division (C)(1)(b) of this section, in lieu | 16356 |
| of plugging the well in accordance with division (D)(2) of this | 16357 |
| section, may cause ownership of the well to be transferred to an | 16358 |
| owner who is lawfully doing business in this state and who has met | 16359 |
| the financial responsibility requirements established under | 16360 |
| section 1509.07 of the Revised Code, subject to the approval of | 16361 |
| the chief. The transfer of ownership also shall be subject to the | 16362 |
| landowner's filing the appropriate forms required under section | 16363 |
| 1509.31 of the Revised Code and providing to the chief sufficient | 16364 |
| information to demonstrate the landowner's or owner's right to | 16365 |
| produce a formation or formations. That information may include a | 16366 |
| deed, a lease, or other documentation of ownership or property | 16367 |
| rights. | 16368 |
| The chief shall approve or disapprove the transfer of | 16369 |
| ownership of the well. If the chief approves the transfer, the | 16370 |
| owner is responsible for operating the well in accordance with | 16371 |
| this chapter and rules adopted under it, including, without | 16372 |
| limitation, all of the following: | 16373 |
| (1) Filing an application with the chief under section | 16374 |
| 1509.06 of the Revised Code if the owner intends to drill deeper | 16375 |
| or produce a formation that is not listed in the records of the | 16376 |
| division for that well; | 16377 |
| (2) Taking title to and possession of the equipment | 16378 |
| appurtenant to the well that has been identified by the chief as | 16379 |
| having been abandoned by the former owner; | 16380 |
| (3) Complying with all applicable requirements that are | 16381 |
| necessary to drill deeper, plug the well, or plug back the well. | 16382 |
| (H) The chief shall issue an order that requires the owner of | 16383 |
| a well to pay the actual documented costs of a corrective action | 16384 |
| that is described in division (B)(2) of this section concerning | 16385 |
| the well. The chief shall transmit the money so recovered to the | 16386 |
| treasurer of state who shall deposit the money in the state | 16387 |
| treasury to the credit of the oil and gas well fund. | 16388 |
| (I) The chief may engage in cooperative projects under this | 16389 |
| section with any agency of this state, another state, or the | 16390 |
| United States; any other governmental agencies; or any state | 16391 |
| university or college as defined in section 3345.27 of the Revised | 16392 |
| Code. A contract entered into for purposes of a cooperative | 16393 |
| project is not subject to division (B) of section 127.16 of the | 16394 |
| Revised Code. | 16395 |
| Sec. 1509.36. Any person adversely affected by an order by | 16396 |
| the chief of the division of oil and gas resources management may | 16397 |
| appeal to the oil and gas commission for an order vacating or | 16398 |
| modifying the order. | 16399 |
| The person so appealing to the commission shall be known as | 16400 |
| appellant and the chief shall be known as appellee. Appellant and | 16401 |
| appellee shall be deemed to be parties to the appeal. | 16402 |
| The appeal shall be in writing and shall set forth the order | 16403 |
| complained of and the grounds upon which the appeal is based. The | 16404 |
| appeal shall be filed with the commission within thirty days after | 16405 |
| the date upon which the appellant received notice by certified | 16406 |
| mail and, for all other persons adversely affected by the order, | 16407 |
| within thirty days after the date of the order complained of. | 16408 |
| Notice of the filing of the appeal shall be filed with the chief | 16409 |
| within three days after the appeal is filed with the commission. | 16410 |
| Upon the filing of the appeal the commission promptly shall | 16411 |
| fix the time and place at which the hearing on the appeal will be | 16412 |
| held, and shall give the appellant and the chief at least ten | 16413 |
| days' written notice thereof by mail. The commission may postpone | 16414 |
| or continue any hearing upon its own motion or upon application of | 16415 |
| the appellant or of the chief. | 16416 |
| The filing of an appeal provided for in this section does not | 16417 |
| automatically suspend or stay execution of the order appealed | 16418 |
| from, but upon application by the appellant the commission may | 16419 |
| suspend or stay the execution pending determination of the appeal | 16420 |
| upon such terms as the commission considers proper. | 16421 |
| Either party to the appeal or any interested person who, | 16422 |
| pursuant to commission rules has been granted permission to | 16423 |
| appear, may submit such evidence as the commission considers | 16424 |
| admissible. | 16425 |
| For the purpose of conducting a hearing on an appeal, the | 16426 |
| commission may require the attendance of witnesses and the | 16427 |
| production of books, records, and papers, and it may, and at the | 16428 |
| request of any party it shall, issue subpoenas for witnesses or | 16429 |
| subpoenas duces tecum to compel the production of any books, | 16430 |
| records, or papers, directed to the sheriffs of the counties where | 16431 |
| the witnesses are found. The subpoenas shall be served and | 16432 |
| returned in the same manner as subpoenas in criminal cases are | 16433 |
| served and returned. The fees of sheriffs shall be the same as | 16434 |
| those allowed by the court of common pleas in criminal cases. | 16435 |
| Witnesses shall be paid the fees and mileage provided for under | 16436 |
| section 119.094 of the Revised Code. Such fees and mileage | 16437 |
| expenses incurred at the request of appellant shall be paid in | 16438 |
| advance by the appellant, and the remainder of those expenses | 16439 |
| shall be paid out of funds appropriated for the expenses of the | 16440 |
| division of oil and gas resources management. | 16441 |
| In case of disobedience or neglect of any subpoena served on | 16442 |
| any person, or the refusal of any witness to testify to any matter | 16443 |
| regarding which the witness may be lawfully interrogated, the | 16444 |
| court of common pleas of the county in which the disobedience, | 16445 |
| neglect, or refusal occurs, or any judge thereof, on application | 16446 |
| of the commission or any member thereof, shall compel obedience by | 16447 |
| attachment proceedings for contempt as in the case of disobedience | 16448 |
| of the requirements of a subpoena issued from that court or a | 16449 |
| refusal to testify therein. Witnesses at such hearings shall | 16450 |
| testify under oath, and any member of the commission may | 16451 |
| administer oaths or affirmations to persons who so testify. | 16452 |
| At the request of any party to the appeal, a | 16453 |
| record of the testimony and other evidence submitted shall be | 16454 |
|
taken by an official court | 16455 |
|
the party making the request | 16456 |
| shall include all of the testimony and other evidence and the | 16457 |
| rulings on the admissibility thereof presented at the hearing. The | 16458 |
| commission shall pass upon the admissibility of evidence, but any | 16459 |
| party may at the time object to the admission of any evidence and | 16460 |
| except to the rulings of the commission thereon, and if the | 16461 |
| commission refuses to admit evidence the party offering same may | 16462 |
| make a proffer thereof, and such proffer shall be made a part of | 16463 |
| the record of the hearing. | 16464 |
| If upon completion of the hearing the commission finds that | 16465 |
| the order appealed from was lawful and reasonable, it shall make a | 16466 |
| written order affirming the order appealed from; if the commission | 16467 |
| finds that the order was unreasonable or unlawful, it shall make a | 16468 |
| written order vacating the order appealed from and making the | 16469 |
| order that it finds the chief should have made. Every order made | 16470 |
| by the commission shall contain a written finding by the | 16471 |
| commission of the facts upon which the order is based. | 16472 |
| Notice of the making of the order shall be given forthwith to | 16473 |
| each party to the appeal by mailing a certified copy thereof to | 16474 |
| each such party by certified mail. | 16475 |
| The order of the commission is final unless vacated by the | 16476 |
| court of common pleas of Franklin county in an appeal as provided | 16477 |
| for in section 1509.37 of the Revised Code. Sections 1509.01 to | 16478 |
| 1509.37 of the Revised Code, providing for appeals relating to | 16479 |
| orders by the chief or by the commission, or relating to rules | 16480 |
| adopted by the chief, do not constitute the exclusive procedure | 16481 |
| that any person who believes the person's rights to be unlawfully | 16482 |
| affected by those sections or any official action taken thereunder | 16483 |
| must pursue in order to protect and preserve those rights, nor do | 16484 |
| those sections constitute a procedure that that person must pursue | 16485 |
| before that person may lawfully appeal to the courts to protect | 16486 |
| and preserve those rights. | 16487 |
| Sec. 1509.51. (A) On or before the first day of production, | 16488 |
| the owner of a proposed horizontal well may apply to the director | 16489 |
| of the department of natural resources, on a form prescribed by | 16490 |
| the director, to be subject to the reduced tax rate imposed under | 16491 |
| division (A)(10)(b) of section 5749.02 of the Revised Code. The | 16492 |
| director shall approve an application and issue the owner a | 16493 |
| certificate within thirty days after receiving an application if | 16494 |
| the applicant does all of the following: | 16495 |
| (1) Pays a fee in an amount prescribed by the director for | 16496 |
| each proposed horizontal well; | 16497 |
| (2) Establishes to the director's satisfaction that the | 16498 |
| proposed horizontal well will be a horizontal well; | 16499 |
| (3) Submits any other information that the director considers | 16500 |
| necessary. | 16501 |
| A certificate issued under this division shall expire one | 16502 |
| year following the date on which the certificate is issued. | 16503 |
| (B) An owner who holds a certificate issued under this | 16504 |
| division or division (A) of this section may apply to the director | 16505 |
| of natural resources on or before the twentieth day of the | 16506 |
| eleventh month after the date on which the owner was issued a | 16507 |
| certificate under division (A) of this section or on or before | 16508 |
| twenty days before a certificate issued under this division | 16509 |
| expires, as applicable, to extend the expiration date of the | 16510 |
| certificate for three months. The director shall approve an | 16511 |
| application and issue to the owner an amended certificate within | 16512 |
| thirty days after receiving an application if the applicant does | 16513 |
| all of the following: | 16514 |
| (1) Pays a fee in an amount prescribed by the director for | 16515 |
| each horizontal well; | 16516 |
| (2) Establishes to the director's satisfaction that the | 16517 |
| horizontal well continues to be a horizontal well; | 16518 |
| (3) Establishes to the director's satisfaction that the | 16519 |
| payout date for the horizontal well has not occurred during any | 16520 |
| date during the period that an owner held a certificate for the | 16521 |
| well issued under this division or division (A) of this section; | 16522 |
| (4) Submits any other information that the director considers | 16523 |
| necessary. | 16524 |
| An amended certificate issued under this division shall | 16525 |
| terminate three months following the date on which the amended | 16526 |
| certificate is issued. The director shall not issue a certificate | 16527 |
| under this section for a horizontal well that has reached the | 16528 |
| well's payout date. | 16529 |
| (C) The director shall provide a copy of any certificate | 16530 |
| issued under this section to the tax commissioner. The director | 16531 |
| may issue only one certificate under division (A) and no more than | 16532 |
| four amended certificates under division (B) of this section for | 16533 |
| the same horizontal well. An owner shall not file a false or | 16534 |
| fraudulent application. If the director determines that an owner | 16535 |
| has made a false or fraudulent application, the director shall | 16536 |
| revoke any certificate that the director has issued under this | 16537 |
| section to the owner. | 16538 |
| (D) An owner that holds an unexpired certificate issued under | 16539 |
| this section is subject to the reduced tax rate imposed under | 16540 |
| division (A)(10)(b) of section 5749.02 of the Revised Code for oil | 16541 |
| and condensate produced through use of the well for which the | 16542 |
| certificate is issued. | 16543 |
| Sec. 1533.081. (A) As used in this section: | 16544 |
| (1) "Energy" has the same meaning as in section 1551.01 of | 16545 |
| the Revised Code. | 16546 |
| (2) "Energy facility" means a facility at which energy is | 16547 |
| produced. | 16548 |
| (B) A person desiring to take a wild animal that is | 16549 |
| interfering with, or may interfere with, the operations of an | 16550 |
| energy facility shall obtain a permit to do so from the chief of | 16551 |
| the division of wildlife under this section. The chief shall adopt | 16552 |
| rules under section 1531.10 of the Revised Code that are necessary | 16553 |
| to administer this section. | 16554 |
| Sec. 1541.26. There is hereby created in the state treasury | 16555 |
| the parks mineral royalties fund. The fund shall consist of money | 16556 |
| deposited into it under section 1509.73 of the Revised Code and | 16557 |
| money transferred to it under section 1503.012 of the Revised | 16558 |
| Code. Any investment proceeds earned on money in the fund shall be | 16559 |
| credited to the fund. | 16560 |
| Money in the fund shall be used by the division of parks and | 16561 |
| recreation to acquire land and to pay capital costs, including | 16562 |
| equipment and repairs and renovations of facilities, that are | 16563 |
| owned by the state and administered by the division. Expenditures | 16564 |
| from the fund shall be approved by the director of natural | 16565 |
| resources. | 16566 |
| Sec. 1551.33. (A) The director of development shall appoint | 16567 |
| and fix the compensation of the director of the Ohio coal | 16568 |
| development office. The director shall serve at the pleasure of | 16569 |
| the director of development. | 16570 |
| (B) The director of the office shall do all of the following: | 16571 |
| (1) Biennially prepare and maintain the Ohio coal development | 16572 |
| agenda required under section 1551.34 of the Revised Code; | 16573 |
| (2) Propose and support policies for the office consistent | 16574 |
| with the Ohio coal development agenda and develop means to | 16575 |
| implement the agenda; | 16576 |
| (3) Initiate, undertake, and support projects to carry out | 16577 |
| the office's purposes and ensure that the projects are consistent | 16578 |
| with and meet the selection criteria established by the Ohio coal | 16579 |
| development agenda; | 16580 |
| (4) Actively encourage joint participation in and, when | 16581 |
| feasible, joint funding of the office's projects with governmental | 16582 |
| agencies, electric utilities, universities and colleges, other | 16583 |
| public or private interests, or any other person; | 16584 |
| (5) Establish a table of organization for and employ such | 16585 |
| employees and agents as are necessary for the administration and | 16586 |
| operation of the office. Any such employees shall be in the | 16587 |
| unclassified service and shall serve at the pleasure of the | 16588 |
| director of development. | 16589 |
| (6) Appoint specified members of and convene the technical | 16590 |
| advisory committee established under section 1551.35 of the | 16591 |
| Revised Code; | 16592 |
| (7) Review, with the assistance of the technical advisory | 16593 |
| committee, proposed coal research and development projects as | 16594 |
| defined in section 1555.01 of the Revised Code, and coal | 16595 |
| development projects, submitted to the office by public utilities | 16596 |
| for the purpose of section 4905.304 of the Revised Code. If the | 16597 |
| director and the advisory committee determine that any such | 16598 |
| facility or project has as its purpose the enhanced use of Ohio | 16599 |
| coal in an environmentally acceptable, cost effective manner, | 16600 |
| promotes energy conservation, is cost effective, and is | 16601 |
| environmentally sound, the director shall submit to the public | 16602 |
| utilities commission a report recommending that the commission | 16603 |
| allow the recovery of costs associated with the facility or | 16604 |
| project under section 4905.304 of the Revised Code and including | 16605 |
| the reasons for the recommendation. | 16606 |
| (8) Establish such policies, procedures, and guidelines as | 16607 |
| are necessary to achieve the office's purposes. | 16608 |
| (C) | 16609 |
| director of the office may exercise any of the powers and duties | 16610 |
|
that the director of | 16611 |
| or desirable to achieve the office's purposes, including, but not | 16612 |
| limited to, the powers and duties enumerated in sections 1551.11, | 16613 |
| 1551.12, and 1551.15 of the Revised Code. | 16614 |
| Additionally, the director of the office may make loans to | 16615 |
| governmental agencies or persons for projects to carry out the | 16616 |
| office's purposes. Fees, charges, rates of interest, times of | 16617 |
| payment of interest and principal, and other terms, conditions, | 16618 |
| and provisions of the loans shall be such as the director of the | 16619 |
| office determines to be appropriate and in furtherance of the | 16620 |
| purposes for which the loans are made. The mortgage lien securing | 16621 |
| any moneys lent by the director of the office may be subordinate | 16622 |
| to the mortgage lien securing any moneys lent or invested by a | 16623 |
| financial institution, but shall be superior to that securing any | 16624 |
| moneys lent or expended by any other person. The moneys used in | 16625 |
| making the loans shall be disbursed upon order of the director of | 16626 |
| the office. | 16627 |
| Sec. 1555.02. It is hereby declared to be the public policy | 16628 |
| of this state through the operations of the Ohio coal development | 16629 |
| office under this chapter to contribute toward one or more of the | 16630 |
| following: to provide for the comfort, health, safety, and general | 16631 |
| welfare of all employees and other inhabitants of this state | 16632 |
| through research and development directed toward the discovery of | 16633 |
| new technologies or the demonstration or application of existing | 16634 |
| technologies to enable the conversion or use of Ohio coal as a | 16635 |
| fuel or chemical feedstock in an environmentally acceptable manner | 16636 |
| thereby enhancing the marketability and fostering the use of this | 16637 |
| state's vast reserves of coal, to assist in the financing of coal | 16638 |
| research and development and coal research and development | 16639 |
| projects or facilities for persons doing business in this state | 16640 |
| and educational and scientific institutions located in this state, | 16641 |
| to create or preserve jobs and employment opportunities or improve | 16642 |
| the economic welfare of the people of this state, or to assist and | 16643 |
| cooperate with such persons and educational and scientific | 16644 |
| institutions in conducting coal research and development. In | 16645 |
| furtherance of this public policy, the Ohio coal development | 16646 |
| office, with the advice of the technical advisory committee | 16647 |
| created in section 1551.35 of the Revised Code and the approval of | 16648 |
| the director of development, may make loans, guarantee loans, and | 16649 |
| make grants to persons doing business in this state or to | 16650 |
| educational or scientific institutions located in this state for | 16651 |
| coal research and development projects by such persons or | 16652 |
| educational or scientific institutions; may, with the advice of | 16653 |
| the technical advisory committee and the approval of the director | 16654 |
| of development, request the issuance of coal research and | 16655 |
| development general obligations under section 151.07 of the | 16656 |
| Revised Code to provide funds for making such loans, loan | 16657 |
| guarantees, and grants; and may, with the advice of the technical | 16658 |
| advisory committee and the approval of the director of | 16659 |
| development, expend moneys credited to the coal research and | 16660 |
| development fund created in section 1555.15 of the Revised Code | 16661 |
| for the purpose of making such loans, loan guarantees, and grants. | 16662 |
| Determinations by the director of the Ohio coal development office | 16663 |
| that coal research and development or a coal research and | 16664 |
| development facility is a coal research and development project | 16665 |
| under this chapter and is consistent with the purposes of Section | 16666 |
| 15 of Article VIII, Ohio Constitution, and this chapter shall be | 16667 |
| conclusive as to the validity and enforceability of the coal | 16668 |
| research and development general obligations issued to finance | 16669 |
| such project and of the authorizations, trust agreements or | 16670 |
| indentures, loan agreements, loan guarantee agreements, or grant | 16671 |
| agreements, and other agreements made in connection therewith, all | 16672 |
| in accordance with their terms. | 16673 |
| Sec. 1555.03. For the purposes of this chapter, the director | 16674 |
| of the Ohio coal development office may: | 16675 |
| (A) With the advice of the technical advisory committee | 16676 |
| created in section 1551.35 of the Revised Code and the approval of | 16677 |
| the director of development, make loans, guarantee loans, and make | 16678 |
| grants to persons doing business in this state or to educational | 16679 |
| or scientific institutions located in this state for coal research | 16680 |
| and development projects by any such person or educational or | 16681 |
| scientific institution and adopt rules under Chapter 119. of the | 16682 |
| Revised Code for making such loans, guarantees, and grants. | 16683 |
| (B) In making loans, loan guarantees, and grants under | 16684 |
| division (A) of this section and section 1555.04 of the Revised | 16685 |
| Code, the director of the office shall ensure that an adequate | 16686 |
| portion of the total amount of those loans, loan guarantees, and | 16687 |
| grants, as determined by the director with the advice of the | 16688 |
| technical advisory committee, is used for conducting research on | 16689 |
| fundamental scientific problems related to the utilization of Ohio | 16690 |
| coal and shall ensure, to the maximum feasible extent, joint | 16691 |
| financial participation by the federal government or other | 16692 |
| investors or interested parties in conjunction with any such loan, | 16693 |
| loan guarantee, or grant. The director, in each grant agreement or | 16694 |
| contract under division (A) of this section, loan contract or | 16695 |
| agreement under this division or section 1555.04 of the Revised | 16696 |
| Code, and contract of guarantee under section 1555.05 of the | 16697 |
| Revised Code, shall require that the facility or project be | 16698 |
| maintained and kept in good condition and repair by the person or | 16699 |
| educational or scientific institution to whom the grant or loan | 16700 |
| was made or for whom the guarantee was made. | 16701 |
| (C) From time to time, with the advice of the technical | 16702 |
| advisory committee and the approval of the director of | 16703 |
| development, request the issuance of coal research and development | 16704 |
| general obligations under section 151.07 of the Revised Code, for | 16705 |
| any of the purposes set forth in Section 15 of Article VIII, Ohio | 16706 |
| Constitution, and subject to the limitations therein upon the | 16707 |
| aggregate total amount of obligations that may be outstanding at | 16708 |
| any time. | 16709 |
| (D) Include as a condition of any loan, loan guarantee, or | 16710 |
| grant contract or agreement with any such person or educational or | 16711 |
| scientific institution that the director of the office receive, in | 16712 |
| addition to payments of principal and interest on any such loan or | 16713 |
| service charges for any such guarantee, as appropriate, as | 16714 |
|
authorized by Section 15 | 16715 |
| reasonable royalty or portion of the income or profits arising out | 16716 |
| of the developments, discoveries, or inventions, including patents | 16717 |
| or copyrights, that result in whole or in part from coal research | 16718 |
| and development projects conducted under any such contract or | 16719 |
| agreement, in such amounts and for such period of years as may be | 16720 |
| negotiated and provided by the contract or agreement in advance of | 16721 |
| the making of the grant, loan, or loan guarantee. Moneys received | 16722 |
| by the director of the office under this section may be credited | 16723 |
| to the coal research and development bond service fund or used to | 16724 |
| make additional loans, loan guarantees, grants, or agreements | 16725 |
| under this section. | 16726 |
| (E) Employ managers, superintendents, and other employees and | 16727 |
| retain or contract with consulting engineers, financial | 16728 |
| consultants, accounting experts, architects, and such other | 16729 |
| consultants and independent contractors as are necessary in the | 16730 |
| judgment of the director of the office to carry out this chapter, | 16731 |
| and fix the compensation thereof. | 16732 |
| (F) Receive and accept from any federal agency, subject to | 16733 |
| the approval of the governor, grants for or in aid of the | 16734 |
| construction or operation of any coal research and development | 16735 |
| project or for coal research and development, and receive and | 16736 |
| accept aid or contributions from any source of money, property, | 16737 |
| labor, or other things of value, to be held, used, and applied | 16738 |
| only for the purposes for which such grants and contributions are | 16739 |
| made. | 16740 |
| (G) Purchase fire and extended coverage and liability | 16741 |
| insurance for any coal research and development project, insurance | 16742 |
| protecting the office and its officers and employees against | 16743 |
| liability for damage to property or injury to or death of persons | 16744 |
| arising from its operations, and any other insurance the director | 16745 |
| of the office determines necessary or proper under this chapter. | 16746 |
| Any moneys received by the director from the proceeds of any such | 16747 |
| insurance with respect to a coal research and development project | 16748 |
| and any moneys received by the director from the proceeds of any | 16749 |
| settlement, judgment, foreclosure, or other insurance with respect | 16750 |
| to a coal research and development project or facility shall be | 16751 |
| credited to the coal research and development bond service fund. | 16752 |
| (H) In the exercise of the powers of the director of the | 16753 |
| office under this chapter, call to the director's assistance, | 16754 |
| temporarily, from time to time, any engineers, technical experts, | 16755 |
| financial experts, and other employees in any state department, | 16756 |
| agency, or commission, or in the Ohio state university, or other | 16757 |
| educational institutions financed wholly or partially by this | 16758 |
| state for purposes of assisting the director of the office with | 16759 |
| reviewing and evaluating applications for financial assistance | 16760 |
| under this chapter, monitoring performance of coal research and | 16761 |
| development projects receiving financial assistance under this | 16762 |
| chapter, and reviewing and evaluating the progress and findings of | 16763 |
| those projects. Such engineers, experts, and employees shall not | 16764 |
| receive any additional compensation over that which they receive | 16765 |
| from the department, agency, commission, or educational | 16766 |
| institution by which they are employed, but they shall be | 16767 |
| reimbursed for their actual and necessary expenses incurred while | 16768 |
| working under the direction of the director. | 16769 |
| (I) Do all acts necessary or proper to carry out the powers | 16770 |
| expressly granted in this chapter. | 16771 |
| Sec. 1555.04. (A) With respect to coal research and | 16772 |
| development projects financed wholly or partially from a loan or | 16773 |
| loan guarantee under this chapter, the director of the Ohio coal | 16774 |
| development office, in addition to other powers under this | 16775 |
| chapter, with the advice of the technical advisory committee | 16776 |
| created in section 1551.35 of the Revised Code and the approval of | 16777 |
| the director of development, may enter into loan agreements, | 16778 |
| accept notes and other forms of obligation to evidence such | 16779 |
| indebtedness and mortgages, liens, pledges, assignments, or other | 16780 |
| security interests to secure such indebtedness, which may be prior | 16781 |
| or subordinate to or on a parity with other indebtedness, | 16782 |
| obligations, mortgages, pledges, assignments, other security | 16783 |
| interests, or liens or encumbrances, and take such actions as the | 16784 |
| director of the office considers appropriate to protect such | 16785 |
| security and safeguard against losses, including, without | 16786 |
| limitation, foreclosure and the bidding upon and purchase of | 16787 |
| property upon foreclosure or other sale. | 16788 |
| (B) The authority granted by this section is cumulative and | 16789 |
| supplementary to all other authority granted in this chapter. The | 16790 |
| authority granted by this section does not alter or impair any | 16791 |
| similar authority granted elsewhere in this chapter with respect | 16792 |
| to other projects. | 16793 |
| Sec. 1555.05. (A) Subject to any limitations as to aggregate | 16794 |
| amounts thereof that may from time to time be prescribed by the | 16795 |
| general assembly and to other applicable provisions of this | 16796 |
| chapter, and subject to the one-hundred-million-dollar limitation | 16797 |
| provided in Section 15 of Article VIII, Ohio Constitution, the | 16798 |
| director of the Ohio coal development office, on behalf of this | 16799 |
| state, with the advice of the technical advisory committee created | 16800 |
| in section 1551.35 of the Revised Code and the approval of the | 16801 |
| director of development, may enter into contracts to guarantee the | 16802 |
| repayment or payment of the unpaid principal amount of loans made | 16803 |
| to pay the costs of coal research and development projects. | 16804 |
| (B) The contract of guarantee may make provision for the | 16805 |
| conditions of, time for, and manner of fulfillment of the | 16806 |
| guarantee commitment, subrogation of this state to the rights of | 16807 |
| the parties guaranteed and exercise of such parties' rights by the | 16808 |
| state, giving the state the option of making payment of the | 16809 |
| principal amount guaranteed in one or more installments and, if | 16810 |
| deferred, to pay interest thereon from the source specified in | 16811 |
| division (A) of this section, and any other terms or conditions | 16812 |
| customary to such guarantees and as the director of the office may | 16813 |
| approve, and may contain provisions for securing the guarantee in | 16814 |
| the manner consistent with this section, covenants on behalf of | 16815 |
| this state to issue obligations under section 1555.08 of the | 16816 |
| Revised Code to provide moneys to fulfill such guarantees and | 16817 |
| covenants, and covenants restricting the aggregate amount of | 16818 |
| guarantees that may be contracted under this section and | 16819 |
| obligations that may be issued under section 151.07 of the Revised | 16820 |
| Code, and terms pertinent to either, to better secure the parties | 16821 |
| guaranteed. | 16822 |
| (C) The director of the office may fix service charges for | 16823 |
| making a guarantee. Such charges shall be payable at such times | 16824 |
| and place and in such amounts and manner as may be prescribed by | 16825 |
| the director. Moneys received from such charges shall be credited | 16826 |
| to the coal research and development bond service fund. | 16827 |
| (D) Any guaranteed parties under this section, by any | 16828 |
| suitable form of legal proceedings and except to the extent that | 16829 |
| their rights are restricted by the guarantee documents, may | 16830 |
| protect and enforce any rights under the laws of this state or | 16831 |
| granted by such guarantee or guarantee documents. Such rights | 16832 |
| include the right to compel the performance of all duties of the | 16833 |
| office required by this section or the guarantee or guarantee | 16834 |
| documents; and in the event of default with respect to the payment | 16835 |
| of any guarantees, to apply to a court having jurisdiction of the | 16836 |
| cause to appoint a receiver to receive and administer the moneys | 16837 |
| pledged to such guarantee with full power to pay, and to provide | 16838 |
| for payment of, such guarantee, and with such powers, subject to | 16839 |
| the direction of the court, as are accorded receivers in general | 16840 |
| equity cases, excluding any power to pledge or apply additional | 16841 |
| revenues or receipts or other income or moneys of this state. Each | 16842 |
| duty of the office and its director and employees required or | 16843 |
| undertaken under this section or a guarantee made under this | 16844 |
| section is hereby established as a duty of the office and of its | 16845 |
| director and each such employee having authority to perform such | 16846 |
| duty, specifically enjoined by the law resulting from an office, | 16847 |
| trust, or station within the meaning of section 2731.01 of the | 16848 |
| Revised Code. The persons who are at the time the director of the | 16849 |
| office, or its employees, are not liable in their personal | 16850 |
| capacities on any guarantees or contracts to make guarantees by | 16851 |
| the director. | 16852 |
| Sec. 1555.06. Upon application by the director of the Ohio | 16853 |
| coal development office with the approval of the director of | 16854 |
| development, the controlling board, from appropriations available | 16855 |
| to the board, may provide funds for surveys or studies by the | 16856 |
| office of any proposed coal research and development project | 16857 |
| subject to repayment by the office from funds available to it, | 16858 |
| within the time fixed by the board. Funds to be repaid shall be | 16859 |
| charged by the office to the appropriate coal research and | 16860 |
| development project and the amount thereof shall be a cost of the | 16861 |
| project. This section does not abrogate the authority of the | 16862 |
| controlling board to otherwise provide funds for use by the office | 16863 |
| in the exercise of the powers granted to it by this chapter. | 16864 |
| Sec. 1571.14. Any person claiming to be aggrieved or | 16865 |
| adversely affected by an order of the chief of the division of oil | 16866 |
| and gas resources management made as provided in section 1571.10 | 16867 |
| or 1571.16 of the Revised Code may appeal to the director of | 16868 |
| natural resources for an order vacating or modifying such order. | 16869 |
| Upon receipt of the appeal, the director shall appoint an | 16870 |
| individual who has knowledge of the laws and rules regarding the | 16871 |
| underground storage of gas and who shall act as a hearing officer | 16872 |
| in accordance with Chapter 119. of the Revised Code in hearing the | 16873 |
| appeal. | 16874 |
| The person appealing to the director shall be known as | 16875 |
| appellant and the chief shall be known as appellee. The appellant | 16876 |
| and the appellee shall be deemed parties to the appeal. | 16877 |
| The appeal shall be in writing and shall set forth the order | 16878 |
| complained of and the grounds upon which the appeal is based. The | 16879 |
| appeal shall be filed with the director within thirty days after | 16880 |
| the date upon which appellant received notice by registered mail | 16881 |
| of the making of the order complained of, as required by section | 16882 |
| 1571.10 of the Revised Code. Notice of the filing of such appeal | 16883 |
| shall be delivered by appellant to the chief within three days | 16884 |
| after the appeal is filed with the director. | 16885 |
| Within seven days after receipt of the notice of appeal the | 16886 |
| chief shall prepare and certify to the director at the expense of | 16887 |
| appellant a complete transcript of the proceedings out of which | 16888 |
| the appeal arises, including a transcript of the testimony | 16889 |
| submitted to the chief. | 16890 |
| Upon the filing of the appeal the director shall fix the time | 16891 |
| and place at which the hearing on the appeal will be held, and | 16892 |
| shall give appellant and the chief at least ten days' written | 16893 |
| notice thereof by mail. The director may postpone or continue any | 16894 |
| hearing upon the director's own motion or upon application of | 16895 |
| appellant or of the chief. | 16896 |
| The filing of an appeal provided for in this section does not | 16897 |
| automatically suspend or stay execution of the order appealed | 16898 |
| from, but upon application by the appellant the director may | 16899 |
| suspend or stay such execution pending determination of the appeal | 16900 |
| upon such terms as the director deems proper. | 16901 |
| The hearing officer appointed by the director shall hear the | 16902 |
| appeal de novo, and either party to the appeal may submit such | 16903 |
| evidence as the hearing officer deems admissible. | 16904 |
| For the purpose of conducting a hearing on an appeal, the | 16905 |
| hearing officer may require the attendance of witnesses and the | 16906 |
| production of books, records, and papers, and may, and at the | 16907 |
| request of any party shall, issue subpoenas for witnesses or | 16908 |
| subpoenas duces tecum to compel the production of any books, | 16909 |
| records, or papers, directed to the sheriffs of the counties where | 16910 |
| such witnesses are found, which subpoenas shall be served and | 16911 |
| returned in the same manner as subpoenas in criminal cases are | 16912 |
| served and returned. The fees of sheriffs shall be the same as | 16913 |
| those allowed by the court of common pleas in criminal cases. | 16914 |
| Witnesses shall be paid the fees and mileage provided for under | 16915 |
| section 119.094 of the Revised Code. Such fee and mileage expenses | 16916 |
| incurred at the request of appellant shall be paid in advance by | 16917 |
| appellant, and the remainder of such expenses shall be paid out of | 16918 |
| funds appropriated for the expenses of the division of oil and gas | 16919 |
| resources management. | 16920 |
| In case of disobedience or neglect of any subpoena served on | 16921 |
| any person, or the refusal of any witness to testify to any matter | 16922 |
| regarding which the witness may be lawfully interrogated, the | 16923 |
| court of common pleas of the county in which such disobedience, | 16924 |
| neglect, or refusal occurs, or any judge thereof, on application | 16925 |
| of the director, shall compel obedience by attachment proceedings | 16926 |
| for contempt as in the case of disobedience of the requirements of | 16927 |
| a subpoena issued from such court or a refusal to testify therein. | 16928 |
| Witnesses at such hearings shall testify under oath, and the | 16929 |
| hearing officer may administer oaths or affirmations to persons | 16930 |
| who so testify. | 16931 |
| At the request of any party to the appeal, a | 16932 |
| record of the testimony and other evidence submitted shall be | 16933 |
|
taken by an official court | 16934 |
|
the party making the request | 16935 |
| shall include all of the testimony and other evidence and the | 16936 |
| rulings on the admissibility thereof presented at the hearing. The | 16937 |
| hearing officer shall pass upon the admissibility of evidence, but | 16938 |
| any party may at the time object to the admission of any evidence | 16939 |
| and except to the ruling of the hearing officer thereon, and if | 16940 |
| the hearing officer refuses to admit evidence, the party offering | 16941 |
| same may make a proffer thereof, and such proffer shall be made a | 16942 |
| part of the record of such hearing. | 16943 |
| If upon completion of the hearing the hearing officer finds | 16944 |
| that the order appealed from was lawful and reasonable, the | 16945 |
| hearing officer shall make a written order affirming the order | 16946 |
| appealed from. If the hearing officer finds that such order was | 16947 |
| unreasonable or unlawful, the hearing officer shall make a written | 16948 |
| order vacating the order appealed from and making the order that | 16949 |
| it finds the chief should have made. Every order made by the | 16950 |
| hearing officer shall contain a written finding by the hearing | 16951 |
| officer of the facts upon which the order is based. Notice of the | 16952 |
| making of such order shall be given forthwith to each party to the | 16953 |
| appeal by mailing a certified copy thereof to each such party by | 16954 |
| registered mail. | 16955 |
| Sec. 1701.86. (A) A corporation may be dissolved voluntarily | 16956 |
| in the manner provided in this section, provided the provisions of | 16957 |
| Chapter 1704. of the Revised Code do not prevent the dissolution | 16958 |
| from being effected. | 16959 |
| (B) A resolution of dissolution for a corporation shall set | 16960 |
| forth that the corporation elects to be dissolved. The resolution | 16961 |
| also may include any of the following: | 16962 |
| (1) The date on which the certificate of dissolution is to be | 16963 |
| filed or the conditions or events that will result in the filing | 16964 |
| of the certificate; | 16965 |
| (2) Authorization for the officers or directors to abandon | 16966 |
| the proposed dissolution before the filing of the certificate of | 16967 |
| dissolution; | 16968 |
| (3) Any additional provision considered necessary with | 16969 |
| respect to the proposed dissolution and winding up. | 16970 |
| (C) If an initial stated capital is not set forth in the | 16971 |
| articles then before the corporation begins business, or if an | 16972 |
| initial stated capital is set forth in the articles then before | 16973 |
| subscriptions to shares shall have been received in the amount of | 16974 |
| that initial stated capital, the incorporators or a majority of | 16975 |
| them may adopt, by a writing signed by each of them, a resolution | 16976 |
| of dissolution. | 16977 |
| (D) The directors may adopt a resolution of dissolution in | 16978 |
| any of the following cases: | 16979 |
| (1) When the corporation has been adjudged bankrupt or has | 16980 |
| made a general assignment for the benefit of creditors; | 16981 |
| (2) By leave of the court, when a receiver has been appointed | 16982 |
| in a general creditors' suit or in any suit in which the affairs | 16983 |
| of the corporation are to be wound up; | 16984 |
| (3) When substantially all of the assets have been sold at | 16985 |
| judicial sale or otherwise; | 16986 |
| (4) When the articles have been canceled for failure to file | 16987 |
| annual franchise or excise tax returns or for failure to pay | 16988 |
| franchise or excise taxes and the corporation has not been | 16989 |
| reinstated or does not desire to be reinstated; | 16990 |
| (5) When the period of existence of the corporation specified | 16991 |
| in its articles has expired. | 16992 |
| (E) The shareholders at a meeting held for such purpose may | 16993 |
| adopt a resolution of dissolution by the affirmative vote of the | 16994 |
| holders of shares entitling them to exercise two-thirds of the | 16995 |
| voting power of the corporation on such proposal or, if the | 16996 |
| articles provide or permit, by the affirmative vote of a greater | 16997 |
| or lesser proportion, though not less than a majority, of such | 16998 |
| voting power, and by such affirmative vote of the holders of | 16999 |
| shares of any particular class as is required by the articles. | 17000 |
| Notice of the meeting of the shareholders shall be given to all | 17001 |
| the shareholders whether or not entitled to vote at it. | 17002 |
| (F) Upon the adoption of a resolution of dissolution, a | 17003 |
| certificate shall be prepared, on a form prescribed by the | 17004 |
| secretary of state, setting forth all of the following: | 17005 |
| (1) The name of the corporation; | 17006 |
| (2) A statement that a resolution of dissolution has been | 17007 |
| adopted; | 17008 |
| (3) A statement of the manner of adoption of such resolution, | 17009 |
| and, in the case of its adoption by the incorporators or | 17010 |
| directors, a statement of the basis for such adoption; | 17011 |
| (4) The place in this state where its principal office is or | 17012 |
| is to be located; | 17013 |
| (5) The internet address of each domain name held or | 17014 |
| maintained by or on behalf of the corporation; | 17015 |
| (6) The name and address of its statutory agent; | 17016 |
| (7) The date of dissolution, if other than the filing date. | 17017 |
| The date of dissolution shall not be more than ninety days after | 17018 |
| the filing of the certificate of dissolution. | 17019 |
| (G) When the resolution of dissolution is adopted by the | 17020 |
| incorporators, the certificate shall be signed by not less than a | 17021 |
| majority of them. In all other cases, the certificate shall be | 17022 |
| signed by any authorized officer, unless the officer fails to | 17023 |
| execute and file such certificate within thirty days after the | 17024 |
| date upon which such certificate is to be filed. In that latter | 17025 |
| event, the certificate of dissolution may be signed by any three | 17026 |
| shareholders or, if there are less than three shareholders, all of | 17027 |
| the shareholders and shall set forth a statement that the persons | 17028 |
| signing the certificate are shareholders and are filing the | 17029 |
| certificate because of the failure of the officers to do so. | 17030 |
| (H) Except as otherwise provided in division (I) of this | 17031 |
| section, a certificate of dissolution, filed with the secretary of | 17032 |
| state, shall be accompanied by all of the following: | 17033 |
| (1) | 17034 |
| 17035 | |
| 17036 | |
| 17037 | |
| 17038 | |
| 17039 |
| | 17040 |
|
taxation showing that the | 17041 |
| 17042 | |
| paid all taxes imposed under the laws of this state that are or | 17043 |
| will be due from the corporation on the date of the dissolution or | 17044 |
| showing that such payment has been adequately guaranteed, or an | 17045 |
| affidavit of one or more of the persons executing the certificate | 17046 |
| of dissolution or of an officer of the corporation containing a | 17047 |
| statement that the corporation is not required to pay or the | 17048 |
| department of taxation has not assessed any tax for which such a | 17049 |
| certificate or other evidence is not provided; | 17050 |
| | 17051 |
| 17052 | |
| 17053 | |
| 17054 | |
| 17055 | |
| 17056 | |
| 17057 | |
| 17058 | |
| 17059 |
| | 17060 |
| director of job and family services showing that all contributions | 17061 |
| due from the corporation as an employer have been paid, or that | 17062 |
| such payment has been adequately guaranteed, or that the | 17063 |
| corporation is not subject to such contributions; | 17064 |
| | 17065 |
| bureau of workers' compensation showing that all premiums due from | 17066 |
| the corporation as an employer have been paid, or that such | 17067 |
| payment has been adequately guaranteed, or that the corporation is | 17068 |
| not subject to such premium payments. | 17069 |
| (I) In lieu of the receipt, certificate, or other evidence | 17070 |
| described in division (H)(2), (3), (4), or (5) of this section, an | 17071 |
| affidavit of one or more persons executing the certificate of | 17072 |
| dissolution or of an officer of the corporation containing a | 17073 |
| statement of the date upon which the particular department, | 17074 |
| agency, or authority was advised in writing of the scheduled | 17075 |
| effective date of the dissolution and was advised in writing of | 17076 |
| the acknowledgment by the corporation of the applicability of the | 17077 |
| provisions of section 1701.95 of the Revised Code. | 17078 |
| (J) Upon the filing of a certificate of dissolution and such | 17079 |
| accompanying documents or on a later date specified in the | 17080 |
| certificate that is not more than ninety days after the filing, | 17081 |
| the corporation shall be dissolved. | 17082 |
| Sec. 1702.47. (A) A corporation may be dissolved voluntarily | 17083 |
| in the manner provided in this section. | 17084 |
| (B) A resolution of dissolution for a corporation shall set | 17085 |
| forth: | 17086 |
| (1) That the corporation elects to be dissolved; | 17087 |
| (2) Any additional provision deemed necessary with respect to | 17088 |
| the proposed dissolution and winding up. | 17089 |
| (C) The directors may adopt a resolution of dissolution in | 17090 |
| the following cases: | 17091 |
| (1) When the corporation has been adjudged bankrupt or has | 17092 |
| made a general assignment for the benefit of creditors; | 17093 |
| (2) By leave of the court, when a receiver has been appointed | 17094 |
| in a general creditors' suit or in any suit in which the affairs | 17095 |
| of the corporation are to be wound up; | 17096 |
| (3) When substantially all of the assets have been sold at | 17097 |
| judicial sale or otherwise; | 17098 |
| (4) When the period of existence of the corporation specified | 17099 |
| in its articles has expired. | 17100 |
| (D)(1) The voting members at a meeting held for that purpose | 17101 |
| may adopt a resolution of dissolution by the affirmative vote of a | 17102 |
| majority of the voting members present in person or, if permitted, | 17103 |
| by mail, by proxy, or by the use of authorized communications | 17104 |
| equipment, if a quorum is present or, if the articles or the | 17105 |
| regulations provide or permit, by the affirmative vote of a | 17106 |
| greater or lesser proportion or number of the voting members, and | 17107 |
| by the affirmative vote of the voting members or the affirmative | 17108 |
| vote of the voting members of any particular class that is | 17109 |
| required by the articles or the regulations. Notice of the meeting | 17110 |
| of the members shall be sent to all the members who would be | 17111 |
| entitled to vote at the meeting by mail, overnight delivery | 17112 |
| service, or any authorized communications equipment. | 17113 |
| (2) For purposes of division (D)(1) of this section, | 17114 |
| participation by a voting member at a meeting through the use of | 17115 |
| any of the means of communication described in that division | 17116 |
| constitutes presence in person of that voting member at the | 17117 |
| meeting for purposes of determining a quorum. | 17118 |
| (E) Upon the adoption of a resolution of dissolution, a | 17119 |
| certificate shall be prepared, on a form prescribed by the | 17120 |
| secretary of state, setting forth the following: | 17121 |
| (1) The name of the corporation; | 17122 |
| (2) A statement that a resolution of dissolution has been | 17123 |
| adopted; | 17124 |
| (3) A statement of the manner of adoption of that resolution, | 17125 |
| and, in the case of its adoption by the directors, a statement of | 17126 |
| the basis for the adoption; | 17127 |
| (4) The place in this state where its principal office is or | 17128 |
| is to be located; | 17129 |
| (5) The names and addresses of its directors and officers; | 17130 |
| (6) The name and address of its statutory agent; | 17131 |
| (7) The date of dissolution, if other than the filing date. | 17132 |
| (F) The certificate described in division (E) of this section | 17133 |
| shall be signed by any authorized officer, unless the officer | 17134 |
| fails to execute and file the certificate within thirty days after | 17135 |
| the adoption of the resolution, or upon any date specified in the | 17136 |
| resolution as the date upon which the certificate is to be filed, | 17137 |
| or upon the expiration of any period specified in the resolution | 17138 |
| as the period within which the certificate is to be filed, | 17139 |
| whichever is latest, in which event the certificate of dissolution | 17140 |
| may be signed by any three voting members and shall set forth a | 17141 |
| statement that the persons signing the certificate are voting | 17142 |
| members and are filing the certificate because of the failure of | 17143 |
| the officers to do so. | 17144 |
| (G) A certificate of dissolution, filed with the secretary of | 17145 |
| state, shall be accompanied by: | 17146 |
| (1) | 17147 |
| 17148 | |
| 17149 | |
| 17150 | |
| 17151 | |
| 17152 |
| | 17153 |
| 17154 | |
| 17155 | |
| 17156 | |
| 17157 | |
| 17158 | |
| 17159 |
| | 17160 |
| director of job and family services showing that all contributions | 17161 |
| due from the corporation as an employer have been paid, that such | 17162 |
| payment has been adequately guaranteed, or that the corporation is | 17163 |
| not subject to such contributions; | 17164 |
| | 17165 |
|
the
| 17166 |
| 17167 | |
| 17168 | |
| imposed under the laws of this state that are or will be due from | 17169 |
|
the corporation on the date of the dissolution | 17170 |
| 17171 | |
| adequately guaranteed; | 17172 |
| | 17173 |
|
described in division (G)(1) or (2) | 17174 |
| an affidavit of one or more of the persons executing the | 17175 |
| certificate of dissolution or of an officer of the corporation | 17176 |
| containing a statement of the date upon which the particular | 17177 |
| department, agency, or authority was advised in writing of the | 17178 |
| scheduled effective date of the dissolution and was advised in | 17179 |
| writing of the acknowledgement by the corporation of the | 17180 |
| applicability of section 1702.55 of the Revised Code. | 17181 |
| (H) Upon the filing of a certificate of dissolution and those | 17182 |
| accompanying documents or on a later date specified in the | 17183 |
| certificate that is not more than ninety days after the filing, | 17184 |
| the corporation shall be dissolved. | 17185 |
| Sec. 1707.08. (A) The transactions enumerated in section | 17186 |
| 1707.06 of the Revised Code may be consummated on compliance with | 17187 |
| this section and section 1707.11 of the Revised Code. | 17188 |
| (B) A description, verified either by the oath of the | 17189 |
| individual filing it or of any individual having knowledge of the | 17190 |
| facts, shall be filed with the division of securities by the | 17191 |
| issuer, or by a majority of the incorporators of the issuer prior | 17192 |
| to election of officers if it is an incorporated issuer, or by a | 17193 |
| licensed dealer, which description shall be on forms prescribed by | 17194 |
| the division and shall set forth: | 17195 |
| (1) The name of the issuer; | 17196 |
| (2) A brief description of the securities; | 17197 |
| (3) The amount of the securities to be offered after the | 17198 |
| filing of the description for sale in this state and, if all the | 17199 |
| securities are not to be offered by the person filing the | 17200 |
| description, then the respective amounts to be offered by others, | 17201 |
| so far as those amounts are known, and the names and addresses of | 17202 |
| the other offerors; | 17203 |
| (4) A brief statement of the facts which show that the | 17204 |
| securities are the subject matter of a transaction enumerated in | 17205 |
| section 1707.06 of the Revised Code; | 17206 |
| (5) The price at which the securities are to be offered for | 17207 |
| sale. | 17208 |
| (C) The individual who executes the application for | 17209 |
| registration by description on behalf of the applicant shall state | 17210 |
| the individual's relationship to the applicant and certify all of | 17211 |
| the following: | 17212 |
| (1) The individual has executed the application on behalf of | 17213 |
| the applicant. | 17214 |
| (2) The individual is fully authorized to execute and file | 17215 |
| the application on behalf of the applicant. | 17216 |
| (3) The individual is familiar with the applicant's | 17217 |
| application. | 17218 |
| (4) To the best of the individual's knowledge, information, | 17219 |
| and belief, the statements made in the application are true, and | 17220 |
| the documents submitted with the application are true copies of | 17221 |
| the original documents. | 17222 |
| (D) A registration by description is effective seven business | 17223 |
| days after the division receives the description on applicable | 17224 |
|
forms, together with | 17225 |
| under this division, if no proceeding is pending under section | 17226 |
| 1707.13 or 1707.131 of the Revised Code. However, the division may | 17227 |
| permit an earlier effective date by rule or by issuing a | 17228 |
| certificate of acknowledgment for the registration by description. | 17229 |
| For an offering that exceeds fifty thousand dollars, a filing | 17230 |
| fee of fifty dollars shall be submitted with the registration by | 17231 |
| description. | 17232 |
| (E) In order to correct errors or omissions, a registration | 17233 |
| by description may be amended by the person that originally filed | 17234 |
| it, by the filing, in the same manner as in the case of an | 17235 |
| original registration by description, of an amended registration | 17236 |
| by description or of an amendment of the original registration by | 17237 |
| description. | 17238 |
| (F) When transactions in any securities enumerated in section | 17239 |
| 1707.06 of the Revised Code have been registered and the fees | 17240 |
| prescribed by this section have been paid, the transactions may be | 17241 |
| consummated so long as the registration remains in full force. | 17242 |
| Sec. 1707.391. When any securities have been sold in | 17243 |
| reliance upon division (Q), (W), (X), or (Y) of section 1707.03 of | 17244 |
| the Revised Code, section 1707.08 of the Revised Code, or any | 17245 |
| other section of this chapter that the division of securities may | 17246 |
| specify by rule, but such reliance was improper because the | 17247 |
| required filings were not timely or properly made due to excusable | 17248 |
| neglect, upon the effective date of an application made to the | 17249 |
|
division and payment of | 17250 |
| required and not already paid,
| 17251 |
|
fee equal to the greater of the | 17252 |
| dollars, the sale of the securities shall be deemed exempt, | 17253 |
| qualified, or registered, as though timely and properly filed. The | 17254 |
| application shall become effective upon the expiration of fourteen | 17255 |
| days after the date of the filing in question if prior thereto the | 17256 |
| division did not give notice to the applicant that the application | 17257 |
| was denied based on a finding of lack of excusable neglect. The | 17258 |
| division shall promptly adopt and promulgate rules establishing | 17259 |
| provisions defining excusable neglect and otherwise establishing | 17260 |
| reasonable standards for determining excusable neglect. | 17261 |
| The effectiveness of an application under this section does | 17262 |
| not relieve anyone who has, other than for excusable neglect, | 17263 |
| violated sections 1707.01 to 1707.45 of the Revised Code, or any | 17264 |
| previous law in force at the time of sale, from prosecution | 17265 |
| thereunder. | 17266 |
| Sec. 1733.47. Whenever the approval of the superintendent of | 17267 |
| credit unions is required under this chapter, or under an order or | 17268 |
| supervisory action issued or taken under this chapter, for a | 17269 |
| person to serve as an organizer, incorporator, director, or | 17270 |
| executive officer of a credit union, or to otherwise participate | 17271 |
| in the management of a credit union, the superintendent shall | 17272 |
| request the superintendent of the bureau of criminal | 17273 |
| identification and investigation, or a vendor approved by the | 17274 |
| bureau, to conduct a criminal records check based on the person's | 17275 |
|
fingerprints in accordance with | 17276 |
| 109.572 of the Revised Code. The superintendent of credit unions | 17277 |
| shall request that criminal record information from the federal | 17278 |
| bureau of investigation be obtained as part of the criminal | 17279 |
| records check. Any fee required under division (C)(3) of section | 17280 |
| 109.572 of the Revised Code shall be paid by the person who is the | 17281 |
| subject of the request. | 17282 |
| Sec. 1751.01. As used in this chapter: | 17283 |
| (A)(1) "Basic health care services" means the following | 17284 |
| services when medically necessary: | 17285 |
| (a) Physician's services, except when such services are | 17286 |
| supplemental under division (B) of this section; | 17287 |
| (b) Inpatient hospital services; | 17288 |
| (c) Outpatient medical services; | 17289 |
| (d) Emergency health services; | 17290 |
| (e) Urgent care services; | 17291 |
| (f) Diagnostic laboratory services and diagnostic and | 17292 |
| therapeutic radiologic services; | 17293 |
| (g) Diagnostic and treatment services, other than | 17294 |
| prescription drug services, for biologically based mental | 17295 |
| illnesses; | 17296 |
| (h) Preventive health care services, including, but not | 17297 |
| limited to, voluntary family planning services, infertility | 17298 |
| services, periodic physical examinations, prenatal obstetrical | 17299 |
| care, and well-child care; | 17300 |
| (i) Routine patient care for patients enrolled in an eligible | 17301 |
| cancer clinical trial pursuant to section 3923.80 of the Revised | 17302 |
| Code. | 17303 |
| "Basic health care services" does not include experimental | 17304 |
| procedures. | 17305 |
| Except as provided by divisions (A)(2) and (3) of this | 17306 |
| section in connection with the offering of coverage for diagnostic | 17307 |
| and treatment services for biologically based mental illnesses, a | 17308 |
| health insuring corporation shall not offer coverage for a health | 17309 |
| care service, defined as a basic health care service by this | 17310 |
| division, unless it offers coverage for all listed basic health | 17311 |
| care services. However, this requirement does not apply to the | 17312 |
| coverage of beneficiaries enrolled in medicare pursuant to a | 17313 |
| medicare contract, or to the coverage of beneficiaries enrolled in | 17314 |
| the federal employee health benefits program pursuant to 5 | 17315 |
| U.S.C.A. 8905, or to the coverage of medicaid recipients, or to | 17316 |
| the coverage of beneficiaries under any federal health care | 17317 |
| program regulated by a federal regulatory body, or to the coverage | 17318 |
| of beneficiaries under any contract covering officers or employees | 17319 |
| of the state that has been entered into by the department of | 17320 |
| administrative services. | 17321 |
| (2) A health insuring corporation may offer coverage for | 17322 |
| diagnostic and treatment services for biologically based mental | 17323 |
| illnesses without offering coverage for all other basic health | 17324 |
| care services. A health insuring corporation may offer coverage | 17325 |
| for diagnostic and treatment services for biologically based | 17326 |
| mental illnesses alone or in combination with one or more | 17327 |
| supplemental health care services. However, a health insuring | 17328 |
| corporation that offers coverage for any other basic health care | 17329 |
| service shall offer coverage for diagnostic and treatment services | 17330 |
| for biologically based mental illnesses in combination with the | 17331 |
| offer of coverage for all other listed basic health care services. | 17332 |
| (3) A health insuring corporation that offers coverage for | 17333 |
| basic health care services is not required to offer coverage for | 17334 |
| diagnostic and treatment services for biologically based mental | 17335 |
| illnesses in combination with the offer of coverage for all other | 17336 |
| listed basic health care services if all of the following apply: | 17337 |
| (a) The health insuring corporation submits documentation | 17338 |
| certified by an independent member of the American academy of | 17339 |
| actuaries to the superintendent of insurance showing that incurred | 17340 |
| claims for diagnostic and treatment services for biologically | 17341 |
| based mental illnesses for a period of at least six months | 17342 |
| independently caused the health insuring corporation's costs for | 17343 |
| claims and administrative expenses for the coverage of basic | 17344 |
| health care services to increase by more than one per cent per | 17345 |
| year. | 17346 |
| (b) The health insuring corporation submits a signed letter | 17347 |
| from an independent member of the American academy of actuaries to | 17348 |
| the superintendent of insurance opining that the increase in costs | 17349 |
| described in division (A)(3)(a) of this section could reasonably | 17350 |
| justify an increase of more than one per cent in the annual | 17351 |
| premiums or rates charged by the health insuring corporation for | 17352 |
| the coverage of basic health care services. | 17353 |
| (c) The superintendent of insurance makes the following | 17354 |
| determinations from the documentation and opinion submitted | 17355 |
| pursuant to divisions (A)(3)(a) and (b) of this section: | 17356 |
| (i) Incurred claims for diagnostic and treatment services for | 17357 |
| biologically based mental illnesses for a period of at least six | 17358 |
| months independently caused the health insuring corporation's | 17359 |
| costs for claims and administrative expenses for the coverage of | 17360 |
| basic health care services to increase by more than one per cent | 17361 |
| per year. | 17362 |
| (ii) The increase in costs reasonably justifies an increase | 17363 |
| of more than one per cent in the annual premiums or rates charged | 17364 |
| by the health insuring corporation for the coverage of basic | 17365 |
| health care services. | 17366 |
| Any determination made by the superintendent under this | 17367 |
| division is subject to Chapter 119. of the Revised Code. | 17368 |
| (B)(1) "Supplemental health care services" means any health | 17369 |
| care services other than basic health care services that a health | 17370 |
| insuring corporation may offer, alone or in combination with | 17371 |
| either basic health care services or other supplemental health | 17372 |
| care services, and includes: | 17373 |
| (a) Services of facilities for intermediate or long-term | 17374 |
| care, or both; | 17375 |
| (b) Dental care services; | 17376 |
| (c) Vision care and optometric services including lenses and | 17377 |
| frames; | 17378 |
| (d) Podiatric care or foot care services; | 17379 |
| (e) Mental health services, excluding diagnostic and | 17380 |
| treatment services for biologically based mental illnesses; | 17381 |
| (f) Short-term outpatient evaluative and crisis-intervention | 17382 |
| mental health services; | 17383 |
| (g) Medical or psychological treatment and referral services | 17384 |
| for alcohol and drug abuse or addiction; | 17385 |
| (h) Home health services; | 17386 |
| (i) Prescription drug services; | 17387 |
| (j) Nursing services; | 17388 |
| (k) Services of a dietitian licensed under Chapter 4759. of | 17389 |
| the Revised Code; | 17390 |
| (l) Physical therapy services; | 17391 |
| (m) Chiropractic services; | 17392 |
| (n) Any other category of services approved by the | 17393 |
| superintendent of insurance. | 17394 |
| (2) If a health insuring corporation offers prescription drug | 17395 |
| services under this division, the coverage shall include | 17396 |
| prescription drug services for the treatment of biologically based | 17397 |
| mental illnesses on the same terms and conditions as other | 17398 |
| physical diseases and disorders. | 17399 |
| (C) "Specialty health care services" means one of the | 17400 |
| supplemental health care services listed in division (B) of this | 17401 |
| section, when provided by a health insuring corporation on an | 17402 |
| outpatient-only basis and not in combination with other | 17403 |
| supplemental health care services. | 17404 |
| (D) "Biologically based mental illnesses" means | 17405 |
| schizophrenia, schizoaffective disorder, major depressive | 17406 |
| disorder, bipolar disorder, paranoia and other psychotic | 17407 |
| disorders, obsessive-compulsive disorder, and panic disorder, as | 17408 |
| these terms are defined in the most recent edition of the | 17409 |
| diagnostic and statistical manual of mental disorders published by | 17410 |
| the American psychiatric association. | 17411 |
| (E) "Closed panel plan" means a health care plan that | 17412 |
| requires enrollees to use participating providers. | 17413 |
| (F) "Compensation" means remuneration for the provision of | 17414 |
| health care services, determined on other than a fee-for-service | 17415 |
| or discounted-fee-for-service basis. | 17416 |
| (G) "Contractual periodic prepayment" means the formula for | 17417 |
| determining the premium rate for all subscribers of a health | 17418 |
| insuring corporation. | 17419 |
| (H) "Corporation" means a corporation formed under Chapter | 17420 |
| 1701. or 1702. of the Revised Code or the similar laws of another | 17421 |
| state. | 17422 |
| (I) "Emergency health services" means those health care | 17423 |
| services that must be available on a seven-days-per-week, | 17424 |
| twenty-four-hours-per-day basis in order to prevent jeopardy to an | 17425 |
| enrollee's health status that would occur if such services were | 17426 |
| not received as soon as possible, and includes, where appropriate, | 17427 |
| provisions for transportation and indemnity payments or service | 17428 |
| agreements for out-of-area coverage. | 17429 |
| (J) "Enrollee" means any natural person who is entitled to | 17430 |
| receive health care benefits provided by a health insuring | 17431 |
| corporation. | 17432 |
| (K) "Evidence of coverage" means any certificate, agreement, | 17433 |
| policy, or contract issued to a subscriber that sets out the | 17434 |
| coverage and other rights to which such person is entitled under a | 17435 |
| health care plan. | 17436 |
| (L) "Health care facility" means any facility, except a | 17437 |
| health care practitioner's office, that provides preventive, | 17438 |
| diagnostic, therapeutic, acute convalescent, rehabilitation, | 17439 |
| mental health, mental retardation, intermediate care, or skilled | 17440 |
| nursing services. | 17441 |
| (M) "Health care services" means basic, supplemental, and | 17442 |
| specialty health care services. | 17443 |
| (N) "Health delivery network" means any group of providers or | 17444 |
| health care facilities, or both, or any representative thereof, | 17445 |
| that have entered into an agreement to offer health care services | 17446 |
| in a panel rather than on an individual basis. | 17447 |
| (O) "Health insuring corporation" means a corporation, as | 17448 |
| defined in division (H) of this section, that, pursuant to a | 17449 |
| policy, contract, certificate, or agreement, pays for, reimburses, | 17450 |
| or provides, delivers, arranges for, or otherwise makes available, | 17451 |
| basic health care services, supplemental health care services, or | 17452 |
| specialty health care services, or a combination of basic health | 17453 |
| care services and either supplemental health care services or | 17454 |
| specialty health care services, through either an open panel plan | 17455 |
| or a closed panel plan. | 17456 |
| "Health insuring corporation" does not include a limited | 17457 |
| liability company formed pursuant to Chapter 1705. of the Revised | 17458 |
| Code, an insurer licensed under Title XXXIX of the Revised Code if | 17459 |
| that insurer offers only open panel plans under which all | 17460 |
| providers and health care facilities participating receive their | 17461 |
| compensation directly from the insurer, a corporation formed by or | 17462 |
| on behalf of a political subdivision or a department, office, or | 17463 |
| institution of the state, or a public entity formed by or on | 17464 |
| behalf of a board of county commissioners, a county board of | 17465 |
| developmental disabilities, an alcohol and drug addiction services | 17466 |
| board, a board of alcohol, drug addiction, and mental health | 17467 |
| services, or a community mental health board, as those terms are | 17468 |
| used in Chapters 340. and 5126. of the Revised Code. Except as | 17469 |
| provided by division (D) of section 1751.02 of the Revised Code, | 17470 |
| or as otherwise provided by law, no board, commission, agency, or | 17471 |
| other entity under the control of a political subdivision may | 17472 |
| accept insurance risk in providing for health care services. | 17473 |
| However, nothing in this division shall be construed as | 17474 |
| prohibiting such entities from purchasing the services of a health | 17475 |
| insuring corporation or a third-party administrator licensed under | 17476 |
| Chapter 3959. of the Revised Code. | 17477 |
| (P) "Intermediary organization" means a health delivery | 17478 |
| network or other entity that contracts with licensed health | 17479 |
| insuring corporations or self-insured employers, or both, to | 17480 |
| provide health care services, and that enters into contractual | 17481 |
| arrangements with other entities for the provision of health care | 17482 |
| services for the purpose of fulfilling the terms of its contracts | 17483 |
| with the health insuring corporations and self-insured employers. | 17484 |
| (Q) "Intermediate care" means residential care above the | 17485 |
| level of room and board for patients who require personal | 17486 |
| assistance and health-related services, but who do not require | 17487 |
| skilled nursing care. | 17488 |
| (R) "Medicaid" has the same meaning as in section 5111.01 of | 17489 |
| the Revised Code. | 17490 |
| (S) "Medical record" means the personal information that | 17491 |
| relates to an individual's physical or mental condition, medical | 17492 |
| history, or medical treatment. | 17493 |
| (T) "Medicare" means the program established under Title | 17494 |
| XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C. | 17495 |
| 1395, as amended. | 17496 |
| (U)(1) "Open panel plan" means a health care plan that | 17497 |
| provides incentives for enrollees to use participating providers | 17498 |
| and that also allows enrollees to use providers that are not | 17499 |
| participating providers. | 17500 |
| (2) No health insuring corporation may offer an open panel | 17501 |
| plan, unless the health insuring corporation is also licensed as | 17502 |
| an insurer under Title XXXIX of the Revised Code, the health | 17503 |
| insuring corporation, on June 4, 1997, holds a certificate of | 17504 |
| authority or license to operate under Chapter 1736. or 1740. of | 17505 |
| the Revised Code, or an insurer licensed under Title XXXIX of the | 17506 |
| Revised Code is responsible for the out-of-network risk as | 17507 |
| evidenced by both an evidence of coverage filing under section | 17508 |
| 1751.11 of the Revised Code and a policy and certificate filing | 17509 |
| under section 3923.02 of the Revised Code. | 17510 |
| (V) "Osteopathic hospital" means a hospital registered under | 17511 |
| section 3701.07 of the Revised Code that advocates osteopathic | 17512 |
| principles and the practice and perpetuation of osteopathic | 17513 |
| medicine by doing any of the following: | 17514 |
| (1) Maintaining a department or service of osteopathic | 17515 |
| medicine or a committee on the utilization of osteopathic | 17516 |
| principles and methods, under the supervision of an osteopathic | 17517 |
| physician; | 17518 |
| (2) Maintaining an active medical staff, the majority of | 17519 |
| which is comprised of osteopathic physicians; | 17520 |
| (3) Maintaining a medical staff executive committee that has | 17521 |
| osteopathic physicians as a majority of its members. | 17522 |
| (W) "Panel" means a group of providers or health care | 17523 |
| facilities that have joined together to deliver health care | 17524 |
| services through a contractual arrangement with a health insuring | 17525 |
| corporation, employer group, or other payor. | 17526 |
| | 17527 |
| the Revised Code, and, unless the context otherwise requires, | 17528 |
| includes any insurance company holding a certificate of authority | 17529 |
| under Title XXXIX of the Revised Code, any subsidiary and | 17530 |
| affiliate of an insurance company, and any government agency. | 17531 |
| | 17532 |
| subscriber to a health insuring corporation. A "premium rate" does | 17533 |
| not include a one-time membership fee, an annual administrative | 17534 |
| fee, or a nominal access fee, paid to a managed health care system | 17535 |
| under which the recipient of health care services remains solely | 17536 |
| responsible for any charges accessed for those services by the | 17537 |
| provider or health care facility. | 17538 |
| | 17539 |
| designated by a health insuring corporation to supervise, | 17540 |
| coordinate, or provide initial care or continuing care to an | 17541 |
| enrollee, and that may be required by the health insuring | 17542 |
| corporation to initiate a referral for specialty care and to | 17543 |
| maintain supervision of the health care services rendered to the | 17544 |
| enrollee. | 17545 |
| | 17546 |
| natural persons who are licensed, certified, accredited, or | 17547 |
| otherwise authorized in this state to furnish health care | 17548 |
| services, or any professional association organized under Chapter | 17549 |
| 1785. of the Revised Code, provided that nothing in this chapter | 17550 |
| or other provisions of law shall be construed to preclude a health | 17551 |
| insuring corporation, health care practitioner, or organized | 17552 |
| health care group associated with a health insuring corporation | 17553 |
| from employing certified nurse practitioners, certified nurse | 17554 |
| anesthetists, clinical nurse specialists, certified nurse | 17555 |
| midwives, dietitians, physician assistants, dental assistants, | 17556 |
| dental hygienists, optometric technicians, or other allied health | 17557 |
| personnel who are licensed, certified, accredited, or otherwise | 17558 |
| authorized in this state to furnish health care services. | 17559 |
| | 17560 |
| corporation, as defined in division (H) of this section, that is | 17561 |
| at least eighty per cent owned or controlled by one or more | 17562 |
| hospitals, as defined in section 3727.01 of the Revised Code, or | 17563 |
| one or more physicians licensed to practice medicine or surgery or | 17564 |
| osteopathic medicine and surgery under Chapter 4731. of the | 17565 |
| Revised Code, or any combination of such physicians and hospitals. | 17566 |
| Such control is presumed to exist if at least eighty per cent of | 17567 |
| the voting rights or governance rights of a provider sponsored | 17568 |
| organization are directly or indirectly owned, controlled, or | 17569 |
| otherwise held by any combination of the physicians and hospitals | 17570 |
| described in this division. | 17571 |
| | 17572 |
| provided to prospective subscribers or enrollees, or both, and | 17573 |
| used for advertising and marketing to induce enrollment in the | 17574 |
| health care plans of a health insuring corporation. | 17575 |
| | 17576 |
| making payments to a health insuring corporation for participation | 17577 |
| in a health care plan, or an enrollee whose employment or other | 17578 |
| status is the basis of eligibility for enrollment in a health | 17579 |
| insuring corporation. | 17580 |
| | 17581 |
| services that are appropriately provided for an unforeseen | 17582 |
| condition of a kind that usually requires medical attention | 17583 |
| without delay but that does not pose a threat to the life, limb, | 17584 |
| or permanent health of the injured or ill person, and may include | 17585 |
| such health care services provided out of the health insuring | 17586 |
| corporation's approved service area pursuant to indemnity payments | 17587 |
| or service agreements. | 17588 |
| Sec. 1751.02. (A) Notwithstanding any law in this state to | 17589 |
| the contrary, any corporation, as defined in section 1751.01 of | 17590 |
| the Revised Code, may apply to the superintendent of insurance for | 17591 |
| a certificate of authority to establish and operate a health | 17592 |
| insuring corporation. If the corporation applying for a | 17593 |
| certificate of authority is a foreign corporation domiciled in a | 17594 |
| state without laws similar to those of this chapter, the | 17595 |
| corporation must form a domestic corporation to apply for, obtain, | 17596 |
| and maintain a certificate of authority under this chapter. | 17597 |
| (B) No person shall establish, operate, or perform the | 17598 |
| services of a health insuring corporation in this state without | 17599 |
| obtaining a certificate of authority under this chapter. | 17600 |
| (C) Except as provided by division (D) of this section, no | 17601 |
| political subdivision or department, office, or institution of | 17602 |
| this state, or corporation formed by or on behalf of any political | 17603 |
| subdivision or department, office, or institution of this state, | 17604 |
| shall establish, operate, or perform the services of a health | 17605 |
| insuring corporation. Nothing in this section shall be construed | 17606 |
| to preclude a board of county commissioners, a county board of | 17607 |
| developmental disabilities, an alcohol and drug addiction services | 17608 |
| board, a board of alcohol, drug addiction, and mental health | 17609 |
| services, or a community mental health board, or a public entity | 17610 |
| formed by or on behalf of any of these boards, from using managed | 17611 |
| care techniques in carrying out the board's or public entity's | 17612 |
| duties pursuant to the requirements of Chapters 307., 329., 340., | 17613 |
| and 5126. of the Revised Code. However, no such board or public | 17614 |
| entity may operate so as to compete in the private sector with | 17615 |
| health insuring corporations holding certificates of authority | 17616 |
| under this chapter. | 17617 |
| (D) A corporation formed by or on behalf of a publicly owned, | 17618 |
| operated, or funded hospital or health care facility may apply to | 17619 |
| the superintendent for a certificate of authority under division | 17620 |
| (A) of this section to establish and operate a health insuring | 17621 |
| corporation. | 17622 |
| (E) A health insuring corporation shall operate in this state | 17623 |
| in compliance with this chapter and Chapter 1753. of the Revised | 17624 |
|
Code | 17625 |
| and shall operate in conformity with its filings with the | 17626 |
| superintendent under this chapter, including filings made pursuant | 17627 |
| to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised | 17628 |
| Code. | 17629 |
| (F) An insurer licensed under Title XXXIX of the Revised Code | 17630 |
| need not obtain a certificate of authority as a health insuring | 17631 |
| corporation to offer an open panel plan as long as the providers | 17632 |
| and health care facilities participating in the open panel plan | 17633 |
| receive their compensation directly from the insurer. If the | 17634 |
| providers and health care facilities participating in the open | 17635 |
| panel plan receive their compensation from any person other than | 17636 |
| the insurer, or if the insurer offers a closed panel plan, the | 17637 |
| insurer must obtain a certificate of authority as a health | 17638 |
| insuring corporation. | 17639 |
| (G) An intermediary organization need not obtain a | 17640 |
| certificate of authority as a health insuring corporation, | 17641 |
| regardless of the method of reimbursement to the intermediary | 17642 |
| organization, as long as a health insuring corporation or a | 17643 |
| self-insured employer maintains the ultimate responsibility to | 17644 |
| assure delivery of all health care services required by the | 17645 |
| contract between the health insuring corporation and the | 17646 |
| subscriber and the laws of this state or between the self-insured | 17647 |
| employer and its employees. | 17648 |
| Nothing in this section shall be construed to require any | 17649 |
| health care facility, provider, health delivery network, or | 17650 |
| intermediary organization that contracts with a health insuring | 17651 |
| corporation or self-insured employer, regardless of the method of | 17652 |
| reimbursement to the health care facility, provider, health | 17653 |
| delivery network, or intermediary organization, to obtain a | 17654 |
| certificate of authority as a health insuring corporation under | 17655 |
| this chapter, unless otherwise provided, in the case of contracts | 17656 |
| with a self-insured employer, by operation of the "Employee | 17657 |
| Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. | 17658 |
| 1001, as amended. | 17659 |
| (H) Any health delivery network doing business in this state, | 17660 |
| including any health delivery network that is functioning as an | 17661 |
| intermediary organization doing business in this state, that is | 17662 |
| not required to obtain a certificate of authority under this | 17663 |
| chapter shall certify to the superintendent annually, not later | 17664 |
| than the first day of July, and shall provide a statement signed | 17665 |
| by the highest ranking official which includes the following | 17666 |
| information: | 17667 |
| (1) The health delivery network's full name and the address | 17668 |
| of its principal place of business; | 17669 |
| (2) A statement that the health delivery network is not | 17670 |
| required to obtain a certificate of authority under this chapter | 17671 |
| to conduct its business. | 17672 |
| (I) The superintendent shall not issue a certificate of | 17673 |
| authority to a health insuring corporation that is a provider | 17674 |
| sponsored organization unless all health care plans to be offered | 17675 |
| by the health insuring corporation provide basic health care | 17676 |
| services. Substantially all of the physicians and hospitals with | 17677 |
| ownership or control of the provider sponsored organization, as | 17678 |
| defined in section 1751.01 of the Revised Code, shall also be | 17679 |
| participating providers for the provision of basic health care | 17680 |
| services for health care plans offered by the provider sponsored | 17681 |
| organization. If a health insuring corporation that is a provider | 17682 |
| sponsored organization offers health care plans that do not | 17683 |
| provide basic health care services, the health insuring | 17684 |
| corporation shall be deemed, for purposes of section 1751.35 of | 17685 |
| the Revised Code, to have failed to substantially comply with this | 17686 |
| chapter. | 17687 |
| Except as specifically provided in this division and in | 17688 |
| division (A) of section 1751.28 of the Revised Code, the | 17689 |
| provisions of this chapter shall apply to all health insuring | 17690 |
| corporations that are provider sponsored organizations in the same | 17691 |
| manner that these provisions apply to all health insuring | 17692 |
| corporations that are not provider sponsored organizations. | 17693 |
| (J) Nothing in this section shall be construed to apply to | 17694 |
| any multiple employer welfare arrangement operating pursuant to | 17695 |
| Chapter 1739. of the Revised Code. | 17696 |
| (K) Any person who violates division (B) of this section, and | 17697 |
| any health delivery network that fails to comply with division (H) | 17698 |
| of this section, is subject to the penalties set forth in section | 17699 |
| 1751.45 of the Revised Code. | 17700 |
| Sec. 1751.13. (A)(1)(a) A health insuring corporation shall, | 17701 |
| either directly or indirectly, enter into contracts for the | 17702 |
| provision of health care services with a sufficient number and | 17703 |
| types of providers and health care facilities to ensure that all | 17704 |
| covered health care services will be accessible to enrollees from | 17705 |
| a contracted provider or health care facility. | 17706 |
| (b) A health insuring corporation shall not refuse to | 17707 |
| contract with a physician for the provision of health care | 17708 |
| services or refuse to recognize a physician as a specialist on the | 17709 |
| basis that the physician attended an educational program or a | 17710 |
| residency program approved or certified by the American | 17711 |
| osteopathic association. A health insuring corporation shall not | 17712 |
| refuse to contract with a health care facility for the provision | 17713 |
| of health care services on the basis that the health care facility | 17714 |
| is certified or accredited by the American osteopathic association | 17715 |
|
or that the health care facility is an osteopathic hospital | 17716 |
| 17717 |
| (c) Nothing in division (A)(1)(b) of this section shall be | 17718 |
| construed to require a health insuring corporation to make a | 17719 |
| benefit payment under a closed panel plan to a physician or health | 17720 |
| care facility with which the health insuring corporation does not | 17721 |
| have a contract, provided that none of the bases set forth in that | 17722 |
| division are used as a reason for failing to make a benefit | 17723 |
| payment. | 17724 |
| (2) When a health insuring corporation is unable to provide a | 17725 |
| covered health care service from a contracted provider or health | 17726 |
| care facility, the health insuring corporation must provide that | 17727 |
| health care service from a noncontracted provider or health care | 17728 |
| facility consistent with the terms of the enrollee's policy, | 17729 |
| contract, certificate, or agreement. The health insuring | 17730 |
| corporation shall either ensure that the health care service be | 17731 |
| provided at no greater cost to the enrollee than if the enrollee | 17732 |
| had obtained the health care service from a contracted provider or | 17733 |
| health care facility, or make other arrangements acceptable to the | 17734 |
| superintendent of insurance. | 17735 |
| (3) Nothing in this section shall prohibit a health insuring | 17736 |
| corporation from entering into contracts with out-of-state | 17737 |
| providers or health care facilities that are licensed, certified, | 17738 |
| accredited, or otherwise authorized in that state. | 17739 |
| (B)(1) A health insuring corporation shall, either directly | 17740 |
| or indirectly, enter into contracts with all providers and health | 17741 |
| care facilities through which health care services are provided to | 17742 |
| its enrollees. | 17743 |
| (2) A health insuring corporation, upon written request, | 17744 |
| shall assist its contracted providers in finding stop-loss or | 17745 |
| reinsurance carriers. | 17746 |
| (C) A health insuring corporation shall file an annual | 17747 |
| certificate with the superintendent certifying that all provider | 17748 |
| contracts and contracts with health care facilities through which | 17749 |
| health care services are being provided contain the following: | 17750 |
| (1) A description of the method by which the provider or | 17751 |
| health care facility will be notified of the specific health care | 17752 |
| services for which the provider or health care facility will be | 17753 |
| responsible, including any limitations or conditions on such | 17754 |
| services; | 17755 |
| (2) The specific hold harmless provision specifying | 17756 |
| protection of enrollees set forth as follows: | 17757 |
| "[Provider/Health Care Facility] agrees that in no event, | 17758 |
| including but not limited to nonpayment by the health insuring | 17759 |
| corporation, insolvency of the health insuring corporation, or | 17760 |
| breach of this agreement, shall [Provider/Health Care Facility] | 17761 |
| bill, charge, collect a deposit from, seek remuneration or | 17762 |
| reimbursement from, or have any recourse against, a subscriber, | 17763 |
| enrollee, person to whom health care services have been provided, | 17764 |
| or person acting on behalf of the covered enrollee, for health | 17765 |
| care services provided pursuant to this agreement. This does not | 17766 |
| prohibit [Provider/Health Care Facility] from collecting | 17767 |
| co-insurance, deductibles, or copayments as specifically provided | 17768 |
| in the evidence of coverage, or fees for uncovered health care | 17769 |
| services delivered on a fee-for-service basis to persons | 17770 |
| referenced above, nor from any recourse against the health | 17771 |
| insuring corporation or its successor." | 17772 |
| (3) Provisions requiring the provider or health care facility | 17773 |
| to continue to provide covered health care services to enrollees | 17774 |
| in the event of the health insuring corporation's insolvency or | 17775 |
| discontinuance of operations. The provisions shall require the | 17776 |
| provider or health care facility to continue to provide covered | 17777 |
| health care services to enrollees as needed to complete any | 17778 |
| medically necessary procedures commenced but unfinished at the | 17779 |
| time of the health insuring corporation's insolvency or | 17780 |
| discontinuance of operations. The completion of a medically | 17781 |
| necessary procedure shall include the rendering of all covered | 17782 |
| health care services that constitute medically necessary follow-up | 17783 |
| care for that procedure. If an enrollee is receiving necessary | 17784 |
| inpatient care at a hospital, the provisions may limit the | 17785 |
| required provision of covered health care services relating to | 17786 |
| that inpatient care in accordance with division (D)(3) of section | 17787 |
| 1751.11 of the Revised Code, and may also limit such required | 17788 |
| provision of covered health care services to the period ending | 17789 |
| thirty days after the health insuring corporation's insolvency or | 17790 |
| discontinuance of operations. | 17791 |
| The provisions required by division (C)(3) of this section | 17792 |
| shall not require any provider or health care facility to continue | 17793 |
| to provide any covered health care service after the occurrence of | 17794 |
| any of the following: | 17795 |
| (a) The end of the thirty-day period following the entry of a | 17796 |
| liquidation order under Chapter 3903. of the Revised Code; | 17797 |
| (b) The end of the enrollee's period of coverage for a | 17798 |
| contractual prepayment or premium; | 17799 |
| (c) The enrollee obtains equivalent coverage with another | 17800 |
| health insuring corporation or insurer, or the enrollee's employer | 17801 |
| obtains such coverage for the enrollee; | 17802 |
| (d) The enrollee or the enrollee's employer terminates | 17803 |
| coverage under the contract; | 17804 |
| (e) A liquidator effects a transfer of the health insuring | 17805 |
| corporation's obligations under the contract under division (A)(8) | 17806 |
| of section 3903.21 of the Revised Code. | 17807 |
| (4) A provision clearly stating the rights and | 17808 |
| responsibilities of the health insuring corporation, and of the | 17809 |
| contracted providers and health care facilities, with respect to | 17810 |
| administrative policies and programs, including, but not limited | 17811 |
| to, payments systems, utilization review, quality assurance, | 17812 |
| assessment, and improvement programs, credentialing, | 17813 |
| confidentiality requirements, and any applicable federal or state | 17814 |
| programs; | 17815 |
| (5) A provision regarding the availability and | 17816 |
| confidentiality of those health records maintained by providers | 17817 |
| and health care facilities to monitor and evaluate the quality of | 17818 |
| care, to conduct evaluations and audits, and to determine on a | 17819 |
| concurrent or retrospective basis the necessity of and | 17820 |
| appropriateness of health care services provided to enrollees. The | 17821 |
| provision shall include terms requiring the provider or health | 17822 |
| care facility to make these health records available to | 17823 |
| appropriate state and federal authorities involved in assessing | 17824 |
| the quality of care or in investigating the grievances or | 17825 |
| complaints of enrollees, and requiring the provider or health care | 17826 |
| facility to comply with applicable state and federal laws related | 17827 |
| to the confidentiality of medical or health records. | 17828 |
| (6) A provision that states that contractual rights and | 17829 |
| responsibilities may not be assigned or delegated by the provider | 17830 |
| or health care facility without the prior written consent of the | 17831 |
| health insuring corporation; | 17832 |
| (7) A provision requiring the provider or health care | 17833 |
| facility to maintain adequate professional liability and | 17834 |
| malpractice insurance. The provision shall also require the | 17835 |
| provider or health care facility to notify the health insuring | 17836 |
| corporation not more than ten days after the provider's or health | 17837 |
| care facility's receipt of notice of any reduction or cancellation | 17838 |
| of such coverage. | 17839 |
| (8) A provision requiring the provider or health care | 17840 |
| facility to observe, protect, and promote the rights of enrollees | 17841 |
| as patients; | 17842 |
| (9) A provision requiring the provider or health care | 17843 |
| facility to provide health care services without discrimination on | 17844 |
| the basis of a patient's participation in the health care plan, | 17845 |
| age, sex, ethnicity, religion, sexual preference, health status, | 17846 |
| or disability, and without regard to the source of payments made | 17847 |
| for health care services rendered to a patient. This requirement | 17848 |
| shall not apply to circumstances when the provider or health care | 17849 |
| facility appropriately does not render services due to limitations | 17850 |
| arising from the provider's or health care facility's lack of | 17851 |
| training, experience, or skill, or due to licensing restrictions. | 17852 |
| (10) A provision containing the specifics of any obligation | 17853 |
| on the primary care provider to provide, or to arrange for the | 17854 |
| provision of, covered health care services twenty-four hours per | 17855 |
| day, seven days per week; | 17856 |
| (11) A provision setting forth procedures for the resolution | 17857 |
| of disputes arising out of the contract; | 17858 |
| (12) A provision stating that the hold harmless provision | 17859 |
| required by division (C)(2) of this section shall survive the | 17860 |
| termination of the contract with respect to services covered and | 17861 |
| provided under the contract during the time the contract was in | 17862 |
| effect, regardless of the reason for the termination, including | 17863 |
| the insolvency of the health insuring corporation; | 17864 |
| (13) A provision requiring those terms that are used in the | 17865 |
| contract and that are defined by this chapter, be used in the | 17866 |
| contract in a manner consistent with those definitions. | 17867 |
| This division does not apply to the coverage of beneficiaries | 17868 |
| enrolled in medicare pursuant to a medicare risk contract or | 17869 |
| medicare cost contract, or to the coverage of beneficiaries | 17870 |
| enrolled in the federal employee health benefits program pursuant | 17871 |
| to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or | 17872 |
| to the coverage of beneficiaries under any federal health care | 17873 |
| program regulated by a federal regulatory body, or to the coverage | 17874 |
| of beneficiaries under any contract covering officers or employees | 17875 |
| of the state that has been entered into by the department of | 17876 |
| administrative services. | 17877 |
| (D)(1) No health insuring corporation contract with a | 17878 |
| provider or health care facility shall contain any of the | 17879 |
| following: | 17880 |
| (a) A provision that directly or indirectly offers an | 17881 |
| inducement to the provider or health care facility to reduce or | 17882 |
| limit medically necessary health care services to a covered | 17883 |
| enrollee; | 17884 |
| (b) A provision that penalizes a provider or health care | 17885 |
| facility that assists an enrollee to seek a reconsideration of the | 17886 |
| health insuring corporation's decision to deny or limit benefits | 17887 |
| to the enrollee; | 17888 |
| (c) A provision that limits or otherwise restricts the | 17889 |
| provider's or health care facility's ethical and legal | 17890 |
| responsibility to fully advise enrollees about their medical | 17891 |
| condition and about medically appropriate treatment options; | 17892 |
| (d) A provision that penalizes a provider or health care | 17893 |
| facility for principally advocating for medically necessary health | 17894 |
| care services; | 17895 |
| (e) A provision that penalizes a provider or health care | 17896 |
| facility for providing information or testimony to a legislative | 17897 |
| or regulatory body or agency. This shall not be construed to | 17898 |
| prohibit a health insuring corporation from penalizing a provider | 17899 |
| or health care facility that provides information or testimony | 17900 |
| that is libelous or slanderous or that discloses trade secrets | 17901 |
| which the provider or health care facility has no privilege or | 17902 |
| permission to disclose. | 17903 |
| (f) A provision that violates Chapter 3963. of the Revised | 17904 |
| Code. | 17905 |
| (2) Nothing in this division shall be construed to prohibit a | 17906 |
| health insuring corporation from doing either of the following: | 17907 |
| (a) Making a determination not to reimburse or pay for a | 17908 |
| particular medical treatment or other health care service; | 17909 |
| (b) Enforcing reasonable peer review or utilization review | 17910 |
| protocols, or determining whether a particular provider or health | 17911 |
| care facility has complied with these protocols. | 17912 |
| (E) Any contract between a health insuring corporation and an | 17913 |
| intermediary organization shall clearly specify that the health | 17914 |
| insuring corporation must approve or disapprove the participation | 17915 |
| of any provider or health care facility with which the | 17916 |
| intermediary organization contracts. | 17917 |
| (F) If an intermediary organization that is not a health | 17918 |
| delivery network contracting solely with self-insured employers | 17919 |
| subcontracts with a provider or health care facility, the | 17920 |
| subcontract with the provider or health care facility shall do all | 17921 |
| of the following: | 17922 |
| (1) Contain the provisions required by divisions (C) and (G) | 17923 |
| of this section, as made applicable to an intermediary | 17924 |
| organization, without the inclusion of inducements or penalties | 17925 |
| described in division (D) of this section; | 17926 |
| (2) Acknowledge that the health insuring corporation is a | 17927 |
| third-party beneficiary to the agreement; | 17928 |
| (3) Acknowledge the health insuring corporation's role in | 17929 |
| approving the participation of the provider or health care | 17930 |
| facility, pursuant to division (E) of this section. | 17931 |
| (G) Any provider contract or contract with a health care | 17932 |
| facility shall clearly specify the health insuring corporation's | 17933 |
| statutory responsibility to monitor and oversee the offering of | 17934 |
| covered health care services to its enrollees. | 17935 |
| (H)(1) A health insuring corporation shall maintain its | 17936 |
| provider contracts and its contracts with health care facilities | 17937 |
| at one or more of its places of business in this state, and shall | 17938 |
| provide copies of these contracts to facilitate regulatory review | 17939 |
| upon written notice by the superintendent of insurance. | 17940 |
| (2) Any contract with an intermediary organization that | 17941 |
| accepts compensation shall include provisions requiring the | 17942 |
| intermediary organization to provide the superintendent with | 17943 |
| regulatory access to all books, records, financial information, | 17944 |
| and documents related to the provision of health care services to | 17945 |
| subscribers and enrollees under the contract. The contract shall | 17946 |
| require the intermediary organization to maintain such books, | 17947 |
| records, financial information, and documents at its principal | 17948 |
| place of business in this state and to preserve them for at least | 17949 |
| three years in a manner that facilitates regulatory review. | 17950 |
| (I)(1) A health insuring corporation shall notify its | 17951 |
| affected enrollees of the termination of a contract for the | 17952 |
| provision of health care services between the health insuring | 17953 |
| corporation and a primary care physician or hospital, by mail, | 17954 |
| within thirty days after the termination of the contract. | 17955 |
| (a) Notice shall be given to subscribers of the termination | 17956 |
| of a contract with a primary care physician if the subscriber, or | 17957 |
| a dependent covered under the subscriber's health care coverage, | 17958 |
| has received health care services from the primary care physician | 17959 |
| within the previous twelve months or if the subscriber or | 17960 |
| dependent has selected the physician as the subscriber's or | 17961 |
| dependent's primary care physician within the previous twelve | 17962 |
| months. | 17963 |
| (b) Notice shall be given to subscribers of the termination | 17964 |
| of a contract with a hospital if the subscriber, or a dependent | 17965 |
| covered under the subscriber's health care coverage, has received | 17966 |
| health care services from that hospital within the previous twelve | 17967 |
| months. | 17968 |
| (2) The health insuring corporation shall pay, in accordance | 17969 |
| with the terms of the contract, for all covered health care | 17970 |
| services rendered to an enrollee by a primary care physician or | 17971 |
| hospital between the date of the termination of the contract and | 17972 |
| five days after the notification of the contract termination is | 17973 |
| mailed to a subscriber at the subscriber's last known address. | 17974 |
| (J) Divisions (A) and (B) of this section do not apply to any | 17975 |
| health insuring corporation that, on June 4, 1997, holds a | 17976 |
| certificate of authority or license to operate under Chapter 1740. | 17977 |
| of the Revised Code. | 17978 |
| (K) Nothing in this section shall restrict the governing body | 17979 |
| of a hospital from exercising the authority granted it pursuant to | 17980 |
| section 3701.351 of the Revised Code. | 17981 |
| Sec. 1761.26. Whenever the approval of the superintendent of | 17982 |
| credit unions is required under this chapter, or under an order or | 17983 |
| supervisory action issued or taken under this chapter, for a | 17984 |
| person to serve as an organizer, incorporator, director, or | 17985 |
| executive officer of a credit union share guaranty corporation, or | 17986 |
| to otherwise participate in the management of such a corporation, | 17987 |
| the superintendent shall request the superintendent of the bureau | 17988 |
| of criminal identification and investigation, or a vendor approved | 17989 |
| by the bureau, to conduct a criminal records check based on the | 17990 |
|
person's fingerprints in accordance with | 17991 |
| section 109.572 of the Revised Code. The superintendent of credit | 17992 |
| unions shall request that criminal record information from the | 17993 |
| federal bureau of investigation be obtained as part of the | 17994 |
| criminal records check. Any fee required under division (C)(3) of | 17995 |
| section 109.572 of the Revised Code shall be paid by the person | 17996 |
| who is the subject of the request. | 17997 |
| Sec. 1901.18. (A) Except as otherwise provided in this | 17998 |
| division or section 1901.181 of the Revised Code, subject to the | 17999 |
| monetary jurisdiction of municipal courts as set forth in section | 18000 |
| 1901.17 of the Revised Code, a municipal court has original | 18001 |
| jurisdiction within its territory in all of the following actions | 18002 |
| or proceedings and to perform all of the following functions: | 18003 |
| (1) In any civil action, of whatever nature or remedy, of | 18004 |
| which judges of county courts have jurisdiction; | 18005 |
| (2) In any action or proceeding at law for the recovery of | 18006 |
| money or personal property of which the court of common pleas has | 18007 |
| jurisdiction; | 18008 |
| (3) In any action at law based on contract, to determine, | 18009 |
| preserve, and enforce all legal and equitable rights involved in | 18010 |
| the contract, to decree an accounting, reformation, or | 18011 |
| cancellation of the contract, and to hear and determine all legal | 18012 |
| and equitable remedies necessary or proper for a complete | 18013 |
| determination of the rights of the parties to the contract; | 18014 |
| (4) In any action or proceeding for the sale of personal | 18015 |
| property under chattel mortgage, lien, encumbrance, or other | 18016 |
| charge, for the foreclosure and marshalling of liens on personal | 18017 |
| property of that nature, and for the rendering of personal | 18018 |
| judgment in the action or proceeding; | 18019 |
| (5) In any action or proceeding to enforce the collection of | 18020 |
| its own judgments or the judgments rendered by any court within | 18021 |
| the territory to which the municipal court has succeeded, and to | 18022 |
| subject the interest of a judgment debtor in personal property to | 18023 |
| satisfy judgments enforceable by the municipal court; | 18024 |
| (6) In any action or proceeding in the nature of | 18025 |
| interpleader; | 18026 |
| (7) In any action of replevin; | 18027 |
| (8) In any action of forcible entry and detainer; | 18028 |
| (9) In any action concerning the issuance and enforcement of | 18029 |
| temporary protection orders pursuant to section 2919.26 of the | 18030 |
| Revised Code or protection orders pursuant to section 2903.213 of | 18031 |
| the Revised Code or the enforcement of protection orders issued by | 18032 |
| courts of another state, as defined in section 2919.27 of the | 18033 |
| Revised Code; | 18034 |
| (10) If the municipal court has a housing or environmental | 18035 |
| division, in any action over which the division is given | 18036 |
| jurisdiction by section 1901.181 of the Revised Code, provided | 18037 |
| that, except as specified in division (B) of that section, no | 18038 |
| judge of the court other than the judge of the division shall hear | 18039 |
| or determine any action over which the division has jurisdiction; | 18040 |
| (11) In any action brought pursuant to division (I) of | 18041 |
|
section | 18042 |
| premises that are the subject of the action are located within the | 18043 |
| territorial jurisdiction of the court; | 18044 |
| (12) In any civil action as described in division (B)(1) of | 18045 |
| section 3767.41 of the Revised Code that relates to a public | 18046 |
| nuisance, and, to the extent any provision of this chapter | 18047 |
| conflicts or is inconsistent with a provision of that section, the | 18048 |
| provision of that section shall control in the civil action. | 18049 |
| (B) The Cleveland municipal court also shall have | 18050 |
| jurisdiction within its territory in all of the following actions | 18051 |
| or proceedings and to perform all of the following functions: | 18052 |
| (1) In all actions and proceedings for the sale of real | 18053 |
| property under lien of a judgment of the municipal court or a lien | 18054 |
| for machinery, material, or fuel furnished or labor performed, | 18055 |
| irrespective of amount, and, in those actions and proceedings, the | 18056 |
| court may proceed to foreclose and marshal all liens and all | 18057 |
| vested or contingent rights, to appoint a receiver, and to render | 18058 |
| personal judgment irrespective of amount in favor of any party. | 18059 |
| (2) In all actions for the foreclosure of a mortgage on real | 18060 |
| property given to secure the payment of money or the enforcement | 18061 |
| of a specific lien for money or other encumbrance or charge on | 18062 |
| real property, when the amount claimed by the plaintiff does not | 18063 |
| exceed fifteen thousand dollars and the real property is situated | 18064 |
| within the territory, and, in those actions, the court may proceed | 18065 |
| to foreclose all liens and all vested and contingent rights and | 18066 |
| may proceed to render judgments and make findings and orders | 18067 |
| between the parties in the same manner and to the same extent as | 18068 |
| in similar actions in the court of common pleas. | 18069 |
| (3) In all actions for the recovery of real property situated | 18070 |
| within the territory to the same extent as courts of common pleas | 18071 |
| have jurisdiction; | 18072 |
| (4) In all actions for injunction to prevent or terminate | 18073 |
| violations of the ordinances and regulations of the city of | 18074 |
| Cleveland enacted or promulgated under the police power of the | 18075 |
| city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio | 18076 |
| Constitution, over which the court of common pleas has or may have | 18077 |
| jurisdiction, and, in those actions, the court may proceed to | 18078 |
| render judgments and make findings and orders in the same manner | 18079 |
| and to the same extent as in similar actions in the court of | 18080 |
| common pleas. | 18081 |
| Sec. 1909.11. A county court judge has jurisdiction in any | 18082 |
|
action brought pursuant to division (I) of section | 18083 |
| of the Revised Code if the residential premises that are the | 18084 |
| subject of the action are located within the territorial | 18085 |
| jurisdiction of the judge's county court district. | 18086 |
| Sec. 1923.01. (A) As provided in this chapter, any judge of | 18087 |
| a county or municipal court or a court of common pleas, within the | 18088 |
| judge's proper area of jurisdiction, may inquire about persons who | 18089 |
| make unlawful and forcible entry into lands or tenements and | 18090 |
| detain them, and about persons who make a lawful and peaceable | 18091 |
| entry into lands or tenements and hold them unlawfully and by | 18092 |
| force. If, upon the inquiry, it is found that an unlawful and | 18093 |
| forcible entry has been made and the lands or tenements are | 18094 |
| detained, or that, after a lawful entry, lands or tenements are | 18095 |
| held unlawfully and by force, a judge shall cause the plaintiff in | 18096 |
| an action under this chapter to have restitution of the lands or | 18097 |
| tenements. | 18098 |
| (B) An action shall be brought under this chapter within two | 18099 |
| years after the cause of action accrues. | 18100 |
| (C) As used in this chapter: | 18101 |
| (1) "Tenant" means a person who is entitled under a rental | 18102 |
| agreement to the use or occupancy of premises, other than premises | 18103 |
| located in a manufactured home park, to the exclusion of others, | 18104 |
| except that as used in division (A)(6) of section 1923.02 and | 18105 |
| section 1923.051 of the Revised Code, "tenant" includes a | 18106 |
| manufactured home park resident. | 18107 |
| (2) "Landlord" means the owner, lessor, or sublessor of | 18108 |
| premises, or the agent or person the landlord authorizes to manage | 18109 |
| premises or to receive rent from a tenant under a rental | 18110 |
| agreement, except, if required by the facts of the action to which | 18111 |
| the term is applied, "landlord" means a park operator. | 18112 |
| (3) "Resident" has the same meaning as in section | 18113 |
| 4781.01 of the Revised Code. | 18114 |
| (4) "Residential premises" has the same meaning as in section | 18115 |
| 5321.01 of the Revised Code, except, if required by the facts of | 18116 |
| the action to which the term is applied, "residential premises" | 18117 |
|
has the same meaning as in section | 18118 |
| Code. | 18119 |
| (5) "Rental agreement" means any agreement or lease, written | 18120 |
| or oral, that establishes or modifies the terms, conditions, | 18121 |
| rules, or other provisions concerning the use or occupancy of | 18122 |
| premises by one of the parties to the agreement or lease, except | 18123 |
| that "rental agreement," as used in division (A)(13) of section | 18124 |
| 1923.02 of the Revised Code and where the context requires as used | 18125 |
| in this chapter, means a rental agreement as defined in division | 18126 |
| (D) of section 5322.01 of the Revised Code. | 18127 |
| (6) "Controlled substance" has the same meaning as in section | 18128 |
| 3719.01 of the Revised Code. | 18129 |
| (7) "School premises" has the same meaning as in section | 18130 |
| 2925.01 of the Revised Code. | 18131 |
| (8) "Sexually oriented offense" and "child-victim oriented | 18132 |
| offense" have the same meanings as in section 2950.01 of the | 18133 |
| Revised Code. | 18134 |
| (9) "Recreational vehicle" and "mobile home" have the same | 18135 |
| meanings as in section 4501.01 of the Revised Code. | 18136 |
| (10) "Manufactured home" has the same meaning as in section | 18137 |
| 3781.06 of the Revised Code. | 18138 |
| (11) "Manufactured home park" has the same meaning as in | 18139 |
|
section | 18140 |
| tract of land upon which one or two manufactured or mobile homes | 18141 |
| used for habitation are parked, either free of charge or for | 18142 |
| revenue purposes, pursuant to rental agreements between the owners | 18143 |
| of the manufactured or mobile homes and the owner of the tract of | 18144 |
| land. | 18145 |
| (12) "Park operator" has the same meaning as in section | 18146 |
| 18147 | |
| premises upon which one or two manufactured or mobile homes used | 18148 |
| for habitation are parked, either free of charge or for revenue | 18149 |
| purposes, pursuant to rental agreements between the owners of the | 18150 |
| manufactured or mobile homes and a landlord who is not licensed as | 18151 |
|
a manufactured home park operator pursuant to Chapter | 18152 |
| of the Revised Code. | 18153 |
| (13) "Personal property" means tangible personal property | 18154 |
| other than a manufactured home, mobile home, or recreational | 18155 |
| vehicle that is the subject of an action under this chapter. | 18156 |
| (14) "Preschool or child day-care center premises" has the | 18157 |
| same meaning as in section 2950.034 of the Revised Code. | 18158 |
| Sec. 1923.02. (A) Proceedings under this chapter may be had | 18159 |
| as follows: | 18160 |
| (1) Against tenants or manufactured home park residents | 18161 |
| holding over their terms; | 18162 |
| (2) Against tenants or manufactured home park residents in | 18163 |
| possession under an oral tenancy, who are in default in the | 18164 |
| payment of rent as provided in division (B) of this section; | 18165 |
| (3) In sales of real estate, on executions, orders, or other | 18166 |
| judicial process, when the judgment debtor was in possession at | 18167 |
| the time of the rendition of the judgment or decree, by virtue of | 18168 |
| which the sale was made; | 18169 |
| (4) In sales by executors, administrators, or guardians, and | 18170 |
| on partition, when any of the parties to the complaint were in | 18171 |
| possession at the commencement of the action, after the sales, so | 18172 |
| made on execution or otherwise, have been examined by the proper | 18173 |
| court and adjudged legal; | 18174 |
| (5) When the defendant is an occupier of lands or tenements, | 18175 |
| without color of title, and the complainant has the right of | 18176 |
| possession to them; | 18177 |
| (6) In any other case of the unlawful and forcible detention | 18178 |
| of lands or tenements. For purposes of this division, in addition | 18179 |
| to any other type of unlawful and forcible detention of lands or | 18180 |
| tenements, such a detention may be determined to exist when both | 18181 |
| of the following apply: | 18182 |
| (a) A tenant fails to vacate residential premises within | 18183 |
| three days after both of the following occur: | 18184 |
| (i) The tenant's landlord has actual knowledge of or has | 18185 |
| reasonable cause to believe that the tenant, any person in the | 18186 |
| tenant's household, or any person on the premises with the consent | 18187 |
| of the tenant previously has or presently is engaged in a | 18188 |
| violation of Chapter 2925. or 3719. of the Revised Code, or of a | 18189 |
| municipal ordinance that is substantially similar to any section | 18190 |
| in either of those chapters, which involves a controlled substance | 18191 |
| and which occurred in, is occurring in, or otherwise was or is | 18192 |
| connected with the premises, whether or not the tenant or other | 18193 |
| person has been charged with, has pleaded guilty to or been | 18194 |
| convicted of, or has been determined to be a delinquent child for | 18195 |
| an act that, if committed by an adult, would be a violation as | 18196 |
| described in this division. For purposes of this division, a | 18197 |
| landlord has "actual knowledge of or has reasonable cause to | 18198 |
| believe" that a tenant, any person in the tenant's household, or | 18199 |
| any person on the premises with the consent of the tenant | 18200 |
| previously has or presently is engaged in a violation as described | 18201 |
| in this division if a search warrant was issued pursuant to | 18202 |
| Criminal Rule 41 or Chapter 2933. of the Revised Code; the | 18203 |
| affidavit presented to obtain the warrant named or described the | 18204 |
| tenant or person as the individual to be searched and particularly | 18205 |
| described the tenant's premises as the place to be searched, named | 18206 |
| or described one or more controlled substances to be searched for | 18207 |
| and seized, stated substantially the offense under Chapter 2925. | 18208 |
| or 3719. of the Revised Code or the substantially similar | 18209 |
| municipal ordinance that occurred in, is occurring in, or | 18210 |
| otherwise was or is connected with the tenant's premises, and | 18211 |
| states the factual basis for the affiant's belief that the | 18212 |
| controlled substances are located on the tenant's premises; the | 18213 |
| warrant was properly executed by a law enforcement officer and any | 18214 |
| controlled substance described in the affidavit was found by that | 18215 |
| officer during the search and seizure; and, subsequent to the | 18216 |
| search and seizure, the landlord was informed by that or another | 18217 |
| law enforcement officer of the fact that the tenant or person has | 18218 |
| or presently is engaged in a violation as described in this | 18219 |
| division and it occurred in, is occurring in, or otherwise was or | 18220 |
| is connected with the tenant's premises. | 18221 |
| (ii) The landlord gives the tenant the notice required by | 18222 |
| division (C) of section 5321.17 of the Revised Code. | 18223 |
| (b) The court determines, by a preponderance of the evidence, | 18224 |
| that the tenant, any person in the tenant's household, or any | 18225 |
| person on the premises with the consent of the tenant previously | 18226 |
| has or presently is engaged in a violation as described in | 18227 |
| division (A)(6)(a)(i) of this section. | 18228 |
| (7) In cases arising out of Chapter 5313. of the Revised | 18229 |
| Code. In those cases, the court has the authority to declare a | 18230 |
| forfeiture of the vendee's rights under a land installment | 18231 |
| contract and to grant any other claims arising out of the | 18232 |
| contract. | 18233 |
| (8) Against tenants who have breached an obligation that is | 18234 |
| imposed by section 5321.05 of the Revised Code, other than the | 18235 |
| obligation specified in division (A)(9) of that section, and that | 18236 |
| materially affects health and safety. Prior to the commencement of | 18237 |
| an action under this division, notice shall be given to the tenant | 18238 |
| and compliance secured with section 5321.11 of the Revised Code. | 18239 |
| (9) Against tenants who have breached an obligation imposed | 18240 |
| upon them by a written rental agreement; | 18241 |
| (10) Against manufactured home park residents who have | 18242 |
| defaulted in the payment of rent or breached the terms of a rental | 18243 |
| agreement with a park operator. Nothing in this division precludes | 18244 |
| the commencement of an action under division (A)(12) of this | 18245 |
| section when the additional circumstances described in that | 18246 |
| division apply. | 18247 |
| (11) Against manufactured home park residents who have | 18248 |
| committed two material violations of the rules of the manufactured | 18249 |
|
home park, of the | 18250 |
| commission, or of applicable state and local health and safety | 18251 |
| codes and who have been notified of the violations in compliance | 18252 |
|
with section
| 18253 |
| (12) Against a manufactured home park resident, or the estate | 18254 |
| of a manufactured home park resident, who as a result of death or | 18255 |
| otherwise has been absent from the manufactured home park for a | 18256 |
| period of thirty consecutive days prior to the commencement of an | 18257 |
| action under this division and whose manufactured home or mobile | 18258 |
| home, or recreational vehicle that is parked in the manufactured | 18259 |
| home park, has been left unoccupied for that thirty-day period, | 18260 |
| without notice to the park operator and without payment of rent | 18261 |
| due under the rental agreement with the park operator; | 18262 |
| (13) Against occupants of self-service storage facilities, as | 18263 |
| defined in division (A) of section 5322.01 of the Revised Code, | 18264 |
| who have breached the terms of a rental agreement or violated | 18265 |
| section 5322.04 of the Revised Code; | 18266 |
| (14) Against any resident or occupant who, pursuant to a | 18267 |
| rental agreement, resides in or occupies residential premises | 18268 |
| located within one thousand feet of any school premises or | 18269 |
| preschool or child day-care center premises and to whom both of | 18270 |
| the following apply: | 18271 |
| (a) The resident's or occupant's name appears on the state | 18272 |
| registry of sex offenders and child-victim offenders maintained | 18273 |
| under section 2950.13 of the Revised Code. | 18274 |
| (b) The state registry of sex offenders and child-victim | 18275 |
| offenders indicates that the resident or occupant was convicted of | 18276 |
| or pleaded guilty to a sexually oriented offense or a child-victim | 18277 |
| oriented offense in a criminal prosecution and was not sentenced | 18278 |
| to a serious youthful offender dispositional sentence for that | 18279 |
| offense. | 18280 |
| (15) Against any tenant who permits any person to occupy | 18281 |
| residential premises located within one thousand feet of any | 18282 |
| school premises or preschool or child day-care center premises if | 18283 |
| both of the following apply to the person: | 18284 |
| (a) The person's name appears on the state registry of sex | 18285 |
| offenders and child-victim offenders maintained under section | 18286 |
| 2950.13 of the Revised Code. | 18287 |
| (b) The state registry of sex offenders and child-victim | 18288 |
| offenders indicates that the person was convicted of or pleaded | 18289 |
| guilty to a sexually oriented offense or a child-victim oriented | 18290 |
| offense in a criminal prosecution and was not sentenced to a | 18291 |
| serious youthful offender dispositional sentence for that offense. | 18292 |
| (B) If a tenant or manufactured home park resident holding | 18293 |
| under an oral tenancy is in default in the payment of rent, the | 18294 |
| tenant or resident forfeits the right of occupancy, and the | 18295 |
| landlord may, at the landlord's option, terminate the tenancy by | 18296 |
| notifying the tenant or resident, as provided in section 1923.04 | 18297 |
| of the Revised Code, to leave the premises, for the restitution of | 18298 |
| which an action may then be brought under this chapter. | 18299 |
| (C)(1) If a tenant or any other person with the tenant's | 18300 |
| permission resides in or occupies residential premises that are | 18301 |
| located within one thousand feet of any school premises and is a | 18302 |
| resident or occupant of the type described in division (A)(14) of | 18303 |
| this section or a person of the type described in division (A)(15) | 18304 |
| of this section, the landlord for those residential premises, upon | 18305 |
| discovery that the tenant or other person is a resident, occupant, | 18306 |
| or person of that nature, may terminate the rental agreement or | 18307 |
| tenancy for those residential premises by notifying the tenant and | 18308 |
| all other occupants, as provided in section 1923.04 of the Revised | 18309 |
| Code, to leave the premises. | 18310 |
| (2) If a landlord is authorized to terminate a rental | 18311 |
| agreement or tenancy pursuant to division (C)(1) of this section | 18312 |
| but does not so terminate the rental agreement or tenancy, the | 18313 |
| landlord is not liable in a tort or other civil action in damages | 18314 |
| for any injury, death, or loss to person or property that | 18315 |
| allegedly result from that decision. | 18316 |
| (D) This chapter does not apply to a student tenant as | 18317 |
| defined by division (H) of section 5321.01 of the Revised Code | 18318 |
| when the college or university proceeds to terminate a rental | 18319 |
| agreement pursuant to section 5321.031 of the Revised Code. | 18320 |
| Sec. 1923.061. (A) Any defense in an action under this | 18321 |
| chapter may be asserted at trial. | 18322 |
| (B) In an action for possession of residential premises based | 18323 |
| upon nonpayment of the rent or in an action for rent when the | 18324 |
| tenant or manufactured home park resident is in possession, the | 18325 |
|
tenant or resident may counterclaim for any amount | 18326 |
| or resident may recover under the rental agreement or under | 18327 |
|
Chapter | 18328 |
| the court from time to time may order the tenant or resident to | 18329 |
| pay into court all or part of the past due rent and rent becoming | 18330 |
| due during the pendency of the action. After trial and judgment, | 18331 |
| the party to whom a net judgment is owed shall be paid first from | 18332 |
| the money paid into court, and any balance shall be satisfied as | 18333 |
| any other judgment. If no rent remains due after application of | 18334 |
| this division, judgment shall be entered for the tenant or | 18335 |
| resident in the action for possession. If the tenant or resident | 18336 |
| has paid into court an amount greater than that necessary to | 18337 |
| satisfy a judgment obtained by the landlord, the balance shall be | 18338 |
| returned by the court to the tenant or resident. | 18339 |
| Sec. 1923.15. During any proceeding involving residential | 18340 |
| premises under this chapter, the court may order an appropriate | 18341 |
| governmental agency to inspect the residential premises. If the | 18342 |
| agency determines and the court finds conditions which constitute | 18343 |
|
a violation of section | 18344 |
| Code, and if the premises have been vacated or are to be restored | 18345 |
| to the landlord, the court may issue an order forbidding the | 18346 |
| re-rental of the property until such conditions are corrected. If | 18347 |
| the agency determines and the court finds such conditions, and if | 18348 |
| the court finds that the tenant or manufactured home park resident | 18349 |
| may remain in possession, the court may order such conditions | 18350 |
| corrected. If such conditions have been caused by the tenant or | 18351 |
| resident, the court may award damages to the landlord equal to the | 18352 |
| reasonable cost of correcting such conditions. | 18353 |
| Sec. 2151.86. (A)(1) The appointing or hiring officer of any | 18354 |
| entity that appoints or employs any person responsible for a | 18355 |
| child's care in out-of-home care shall request the superintendent | 18356 |
| of BCII to conduct a criminal records check with respect to any | 18357 |
| person who is under final consideration for appointment or | 18358 |
| employment as a person responsible for a child's care in | 18359 |
| out-of-home care, except that section 3319.39 of the Revised Code | 18360 |
| shall apply instead of this section if the out-of-home care entity | 18361 |
| is a public school, educational service center, or chartered | 18362 |
| nonpublic school. | 18363 |
| (2) At the times specified in this division, the | 18364 |
| administrative director of an agency, or attorney, who arranges an | 18365 |
| adoption for a prospective adoptive parent shall request the | 18366 |
| superintendent of BCII to conduct a criminal records check with | 18367 |
| respect to that prospective adoptive parent and a criminal records | 18368 |
| check with respect to all persons eighteen years of age or older | 18369 |
| who reside with the prospective adoptive parent. The | 18370 |
| administrative director or attorney shall request a criminal | 18371 |
| records check pursuant to this division at the time of the initial | 18372 |
| home study, every four years after the initial home study at the | 18373 |
| time of an update, and at the time that an adoptive home study is | 18374 |
| completed as a new home study. | 18375 |
| (3) Before a recommending agency submits a recommendation to | 18376 |
| the department of job and family services on whether the | 18377 |
| department should issue a certificate to a foster home under | 18378 |
| section 5103.03 of the Revised Code, and every four years | 18379 |
| thereafter prior to a recertification under that section, the | 18380 |
| administrative director of the agency shall request that the | 18381 |
| superintendent of BCII conduct a criminal records check with | 18382 |
| respect to the prospective foster caregiver and a criminal records | 18383 |
| check with respect to all other persons eighteen years of age or | 18384 |
| older who reside with the foster caregiver. | 18385 |
| (B)(1) If a person subject to a criminal records check under | 18386 |
| division (A)(1) of this section does not present proof that the | 18387 |
| person has been a resident of this state for the five-year period | 18388 |
| immediately prior to the date upon which the criminal records | 18389 |
| check is requested or does not provide evidence that within that | 18390 |
| five-year period the superintendent of BCII has requested | 18391 |
| information about the person from the federal bureau of | 18392 |
| investigation in a criminal records check, the appointing or | 18393 |
| hiring officer shall request that the superintendent of BCII | 18394 |
| obtain information from the federal bureau of investigation as a | 18395 |
| part of the criminal records check, including fingerprint-based | 18396 |
| checks of national crime information databases as described in 42 | 18397 |
| U.S.C. 671. If a person subject to a criminal records check under | 18398 |
| division (A)(1) of this section presents proof that the person has | 18399 |
| been a resident of this state for that five-year period, the | 18400 |
| appointing or hiring officer or attorney may request that the | 18401 |
| superintendent of BCII include information from the federal bureau | 18402 |
| of investigation in the criminal records check, including | 18403 |
| fingerprint-based checks of national crime information databases | 18404 |
| as described in 42 U.S.C. 671. | 18405 |
| When the administrative director of an agency, or attorney, | 18406 |
| who arranges an adoption for a prospective parent requests, at the | 18407 |
| time of the initial home study, a criminal records check for a | 18408 |
| person pursuant to division (A)(2) of this section, the | 18409 |
| administrative director or attorney shall request that the | 18410 |
| superintendent of BCII obtain information from the federal bureau | 18411 |
| of investigation as part of the criminal records check, including | 18412 |
| fingerprint-based checks of national crime information databases | 18413 |
| as described in 42 U.S.C. 671, for the person subject to the | 18414 |
| criminal records check. In all other cases in which the | 18415 |
| administrative director of an agency, or attorney, who arranges an | 18416 |
| adoption for a prospective parent requests a criminal records | 18417 |
| check for a person pursuant to division (A)(2) of this section, | 18418 |
| the administrative director or attorney may request that the | 18419 |
| superintendent of BCII include information from the federal bureau | 18420 |
| of investigation in the criminal records check, including | 18421 |
| fingerprint-based checks of national crime information databases | 18422 |
| as described in 42 U.S.C. 671. | 18423 |
| When the administrative director of a recommending agency | 18424 |
| requests, before submitting a recommendation to the department of | 18425 |
| job and family services on whether the department should issue a | 18426 |
| certificate to a foster home under section 5103.03 of the Revised | 18427 |
| Code, a criminal records check for a person pursuant to division | 18428 |
| (A)(3) of this section, the administrative director shall request | 18429 |
| that the superintendent of BCII obtain information from the | 18430 |
| federal bureau of investigation as part of a criminal records | 18431 |
| check, including fingerprint-based checks of national crime | 18432 |
| information databases as described in 42 U.S.C. 671, for the | 18433 |
| person subject to the criminal records check. In all other cases | 18434 |
| in which the administrative director of a recommending agency | 18435 |
| requests a criminal records check for a person pursuant to | 18436 |
| division (A)(3) of this section, the administrative director may | 18437 |
| request that the superintendent of BCII include information from | 18438 |
| the federal bureau of investigation in the criminal records check, | 18439 |
| including fingerprint-based checks of national crime information | 18440 |
| databases as described in 42 U.S.C. 671. | 18441 |
| Prior to a hearing on a final decree of adoption or | 18442 |
| interlocutory order of adoption by a probate court, the | 18443 |
| administrative director of an agency, or an attorney, who arranges | 18444 |
| an adoption for a prospective parent shall provide to the clerk of | 18445 |
| the probate court either of the following: | 18446 |
| (a) Any information received pursuant to a request made under | 18447 |
| this division from the superintendent of BCII or the federal | 18448 |
| bureau of investigation as part of the criminal records check, | 18449 |
| including fingerprint-based checks of national crime information | 18450 |
| databases as described in 42 U.S.C. 671, for the person subject to | 18451 |
| the criminal records check; | 18452 |
| (b) Written notification that the person subject to a | 18453 |
| criminal records check pursuant to this division failed upon | 18454 |
| request to provide the information necessary to complete the form | 18455 |
| or failed to provide impressions of the person's fingerprints as | 18456 |
| required under division (B)(2) of this section. | 18457 |
| (2) An appointing or hiring officer, administrative director, | 18458 |
| or attorney required by division (A) of this section to request a | 18459 |
| criminal records check shall provide to each person subject to a | 18460 |
| criminal records check a copy of the form prescribed pursuant to | 18461 |
| division (C)(1) of section 109.572 of the Revised Code and a | 18462 |
| standard impression sheet to obtain fingerprint impressions | 18463 |
| prescribed pursuant to division (C)(2) of section 109.572 of the | 18464 |
| Revised Code, obtain the completed form and impression sheet from | 18465 |
| the person, and forward the completed form and impression sheet to | 18466 |
| the superintendent of BCII at the time the criminal records check | 18467 |
| is requested. | 18468 |
| Any person subject to a criminal records check who receives | 18469 |
| pursuant to this division a copy of the form prescribed pursuant | 18470 |
| to division (C)(1) of section 109.572 of the Revised Code and a | 18471 |
| copy of an impression sheet prescribed pursuant to division (C)(2) | 18472 |
| of that section and who is requested to complete the form and | 18473 |
| provide a set of fingerprint impressions shall complete the form | 18474 |
| or provide all the information necessary to complete the form and | 18475 |
| shall provide the impression sheet with the impressions of the | 18476 |
| person's fingerprints. If a person subject to a criminal records | 18477 |
| check, upon request, fails to provide the information necessary to | 18478 |
| complete the form or fails to provide impressions of the person's | 18479 |
| fingerprints, the appointing or hiring officer shall not appoint | 18480 |
| or employ the person as a person responsible for a child's care in | 18481 |
| out-of-home care, a probate court may not issue a final decree of | 18482 |
| adoption or an interlocutory order of adoption making the person | 18483 |
| an adoptive parent, and the department of job and family services | 18484 |
| shall not issue a certificate authorizing the prospective foster | 18485 |
| caregiver to operate a foster home. | 18486 |
| (C)(1) No appointing or hiring officer shall appoint or | 18487 |
| employ a person as a person responsible for a child's care in | 18488 |
| out-of-home care, the department of job and family services shall | 18489 |
| not issue a certificate under section 5103.03 of the Revised Code | 18490 |
| authorizing a prospective foster caregiver to operate a foster | 18491 |
| home, and no probate court shall issue a final decree of adoption | 18492 |
| or an interlocutory order of adoption making a person an adoptive | 18493 |
| parent if the person or, in the case of a prospective foster | 18494 |
| caregiver or prospective adoptive parent, any person eighteen | 18495 |
| years of age or older who resides with the prospective foster | 18496 |
| caregiver or prospective adoptive parent previously has been | 18497 |
| convicted of or pleaded guilty to any of the violations described | 18498 |
|
in division (A) | 18499 |
| unless the person meets rehabilitation standards established in | 18500 |
| rules adopted under division (F) of this section. | 18501 |
| (2) The appointing or hiring officer may appoint or employ a | 18502 |
| person as a person responsible for a child's care in out-of-home | 18503 |
| care conditionally until the criminal records check required by | 18504 |
| this section is completed and the officer receives the results of | 18505 |
| the criminal records check. If the results of the criminal records | 18506 |
| check indicate that, pursuant to division (C)(1) of this section, | 18507 |
| the person subject to the criminal records check does not qualify | 18508 |
| for appointment or employment, the officer shall release the | 18509 |
| person from appointment or employment. | 18510 |
| (3) Prior to certification or recertification under section | 18511 |
| 5103.03 of the Revised Code, the prospective foster caregiver | 18512 |
| subject to a criminal records check under division (A)(3) of this | 18513 |
| section shall notify the recommending agency of the revocation of | 18514 |
| any foster home license, certificate, or other similar | 18515 |
| authorization in another state occurring within the five years | 18516 |
| prior to the date of application to become a foster caregiver in | 18517 |
| this state. The failure of a prospective foster caregiver to | 18518 |
| notify the recommending agency of any revocation of that type in | 18519 |
| another state that occurred within that five-year period shall be | 18520 |
| grounds for denial of the person's foster home application or the | 18521 |
| revocation of the person's foster home certification, whichever is | 18522 |
| applicable. If a person has had a revocation in another state | 18523 |
| within the five years prior to the date of the application, the | 18524 |
| department of job and family services shall not issue a foster | 18525 |
| home certificate to the prospective foster caregiver. | 18526 |
| (D) The appointing or hiring officer, administrative | 18527 |
| director, or attorney shall pay to the bureau of criminal | 18528 |
| identification and investigation the fee prescribed pursuant to | 18529 |
| division (C)(3) of section 109.572 of the Revised Code for each | 18530 |
| criminal records check conducted in accordance with that section | 18531 |
| upon a request pursuant to division (A) of this section. The | 18532 |
| officer, director, or attorney may charge the person subject to | 18533 |
| the criminal records check a fee for the costs the officer, | 18534 |
| director, or attorney incurs in obtaining the criminal records | 18535 |
| check. A fee charged under this division shall not exceed the | 18536 |
| amount of fees the officer, director, or attorney pays for the | 18537 |
| criminal records check. If a fee is charged under this division, | 18538 |
| the officer, director, or attorney shall notify the person who is | 18539 |
| the applicant at the time of the person's initial application for | 18540 |
| appointment or employment, an adoption to be arranged, or a | 18541 |
| certificate to operate a foster home of the amount of the fee and | 18542 |
| that, unless the fee is paid, the person who is the applicant will | 18543 |
| not be considered for appointment or employment or as an adoptive | 18544 |
| parent or foster caregiver. | 18545 |
| (E) The report of any criminal records check conducted by the | 18546 |
| bureau of criminal identification and investigation in accordance | 18547 |
| with section 109.572 of the Revised Code and pursuant to a request | 18548 |
| made under division (A) of this section is not a public record for | 18549 |
| the purposes of section 149.43 of the Revised Code and shall not | 18550 |
| be made available to any person other than the following: | 18551 |
| (1) The person who is the subject of the criminal records | 18552 |
| check or the person's representative; | 18553 |
| (2) The appointing or hiring officer, administrative | 18554 |
| director, or attorney requesting the criminal records check or the | 18555 |
| officer's, director's, or attorney's representative; | 18556 |
| (3) The department of job and family services, a county | 18557 |
| department of job and family services, or a public children | 18558 |
| services agency; | 18559 |
| (4) Any court, hearing officer, or other necessary individual | 18560 |
| involved in a case dealing with the denial of employment, a final | 18561 |
| decree of adoption or interlocutory order of adoption, or a foster | 18562 |
| home certificate. | 18563 |
| (F) The director of job and family services shall adopt rules | 18564 |
| in accordance with Chapter 119. of the Revised Code to implement | 18565 |
| this section. The rules shall include rehabilitation standards a | 18566 |
| person who has been convicted of or pleaded guilty to an offense | 18567 |
|
listed in division (A) | 18568 |
| Code must meet for an appointing or hiring officer to appoint or | 18569 |
| employ the person as a person responsible for a child's care in | 18570 |
| out-of-home care, a probate court to issue a final decree of | 18571 |
| adoption or interlocutory order of adoption making the person an | 18572 |
| adoptive parent, or the department to issue a certificate | 18573 |
| authorizing the prospective foster caregiver to operate a foster | 18574 |
| home or not revoke a foster home certificate for a violation | 18575 |
| specified in section 5103.0328 of the Revised Code. | 18576 |
| (G) An appointing or hiring officer, administrative director, | 18577 |
| or attorney required by division (A) of this section to request a | 18578 |
| criminal records check shall inform each person who is the | 18579 |
| applicant, at the time of the person's initial application for | 18580 |
| appointment or employment, an adoption to be arranged, or a foster | 18581 |
| home certificate, that the person subject to the criminal records | 18582 |
| check is required to provide a set of impressions of the person's | 18583 |
| fingerprints and that a criminal records check is required to be | 18584 |
| conducted and satisfactorily completed in accordance with section | 18585 |
| 109.572 of the Revised Code. | 18586 |
| (H) The department of job and family services may waive the | 18587 |
| requirement that a criminal records check based on fingerprints be | 18588 |
| conducted for an adult resident of a prospective adoptive or | 18589 |
| foster home or the home of a foster caregiver if the recommending | 18590 |
| agency documents to the department's satisfaction that the adult | 18591 |
| resident is physically unable to comply with the fingerprinting | 18592 |
| requirement and poses no danger to foster children or adoptive | 18593 |
| children who may be placed in the home. In such cases, the | 18594 |
| recommending or approving agency shall request that the bureau of | 18595 |
| criminal identification and investigation conduct a criminal | 18596 |
| records check using the person's name and social security number. | 18597 |
| (I) As used in this section: | 18598 |
| (1) "Children's hospital" means any of the following: | 18599 |
| (a) A hospital registered under section 3701.07 of the | 18600 |
| Revised Code that provides general pediatric medical and surgical | 18601 |
| care, and in which at least seventy-five per cent of annual | 18602 |
| inpatient discharges for the preceding two calendar years were | 18603 |
| individuals less than eighteen years of age; | 18604 |
| (b) A distinct portion of a hospital registered under section | 18605 |
| 3701.07 of the Revised Code that provides general pediatric | 18606 |
| medical and surgical care, has a total of at least one hundred | 18607 |
| fifty registered pediatric special care and pediatric acute care | 18608 |
| beds, and in which at least seventy-five per cent of annual | 18609 |
| inpatient discharges for the preceding two calendar years were | 18610 |
| individuals less than eighteen years of age; | 18611 |
| (c) A distinct portion of a hospital, if the hospital is | 18612 |
| registered under section 3701.07 of the Revised Code as a | 18613 |
| children's hospital and the children's hospital meets all the | 18614 |
| requirements of division (I)(1)(a) of this section. | 18615 |
| (2) "Criminal records check" has the same meaning as in | 18616 |
| section 109.572 of the Revised Code. | 18617 |
| (3) "Person responsible for a child's care in out-of-home | 18618 |
| care" has the same meaning as in section 2151.011 of the Revised | 18619 |
| Code, except that it does not include a prospective employee of | 18620 |
| the department of youth services or a person responsible for a | 18621 |
| child's care in a hospital or medical clinic other than a | 18622 |
| children's hospital. | 18623 |
| (4) "Person subject to a criminal records check" means the | 18624 |
| following: | 18625 |
| (a) A person who is under final consideration for appointment | 18626 |
| or employment as a person responsible for a child's care in | 18627 |
| out-of-home care; | 18628 |
| (b) A prospective adoptive parent; | 18629 |
| (c) A prospective foster caregiver; | 18630 |
| (d) A person eighteen years old or older who resides with a | 18631 |
| prospective foster caregiver or a prospective adoptive parent. | 18632 |
| (5) "Recommending agency" means a public children services | 18633 |
| agency, private child placing agency, or private noncustodial | 18634 |
| agency to which the department of job and family services has | 18635 |
| delegated a duty to inspect and approve foster homes. | 18636 |
| (6) "Superintendent of BCII" means the superintendent of the | 18637 |
| bureau of criminal identification and investigation. | 18638 |
| Sec. 2152.121. (A) If a complaint is filed against a child | 18639 |
| alleging that the child is a delinquent child and the case is | 18640 |
| transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of | 18641 |
| section 2152.12 of the Revised Code, the juvenile court that | 18642 |
| transferred the case shall retain jurisdiction for purposes of | 18643 |
| making disposition of the child when required under division (B) | 18644 |
| of this section. | 18645 |
| (B) If a complaint is filed against a child alleging that the | 18646 |
| child is a delinquent child, if the case is transferred pursuant | 18647 |
| to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of | 18648 |
| the Revised Code, and if the child subsequently is convicted of or | 18649 |
| pleads guilty to an offense in that case, the sentence to be | 18650 |
| imposed or disposition to be made of the child shall be determined | 18651 |
| as follows: | 18652 |
| (1) The court in which the child is convicted of or pleads | 18653 |
| guilty to the offense shall determine whether, had a complaint | 18654 |
| been filed in juvenile court alleging that the child was a | 18655 |
| delinquent child for committing an act that would be that offense | 18656 |
| if committed by an adult, division (A) of section 2152.12 of the | 18657 |
| Revised Code would have required mandatory transfer of the case or | 18658 |
| division (B) of that section would have allowed discretionary | 18659 |
| transfer of the case. The court shall not consider the factor | 18660 |
| specified in division (B)(3) of section 2152.12 of the Revised | 18661 |
| Code in making its determination under this division. | 18662 |
| (2) If the court in which the child is convicted of or pleads | 18663 |
| guilty to the offense determines under division (B)(1) of this | 18664 |
| section that, had a complaint been filed in juvenile court | 18665 |
| alleging that the child was a delinquent child for committing an | 18666 |
| act that would be that offense if committed by an adult, division | 18667 |
| (A) of section 2152.12 of the Revised Code would not have required | 18668 |
| mandatory transfer of the case, and division (B) of that section | 18669 |
| would not have allowed discretionary transfer of the case, the | 18670 |
| court shall transfer jurisdiction of the case back to the juvenile | 18671 |
| court that initially transferred the case, the court and all other | 18672 |
| agencies that have any record of the conviction of the child or | 18673 |
| the child's guilty plea shall expunge the conviction or guilty | 18674 |
| plea and all records of it, the conviction or guilty plea shall be | 18675 |
| considered and treated for all purposes other than as provided in | 18676 |
| this section to have never occurred, the conviction or guilty plea | 18677 |
| shall be considered and treated for all purposes other than as | 18678 |
| provided in this section to have been a delinquent child | 18679 |
| adjudication of the child, and the juvenile court shall impose one | 18680 |
| or more traditional juvenile dispositions upon the child under | 18681 |
| sections 2152.19 and 2152.20 of the Revised Code. | 18682 |
| (3) If the court in which the child is convicted of or pleads | 18683 |
| guilty to the offense determines under division (B)(1) of this | 18684 |
| section that, had a complaint been filed in juvenile court | 18685 |
| alleging that the child was a delinquent child for committing an | 18686 |
| act that would be that offense if committed by an adult, division | 18687 |
| (A) of section 2152.12 of the Revised Code would not have required | 18688 |
| mandatory transfer of the case but division (B) of that section | 18689 |
| would have allowed discretionary transfer of the case, the court | 18690 |
| shall determine the sentence it believes should be imposed upon | 18691 |
| the child under Chapter 2929. of the Revised Code, shall impose | 18692 |
| that sentence upon the child, and shall stay that sentence pending | 18693 |
| completion of the procedures specified in this division. Upon | 18694 |
| imposition and staying of the sentence, the court shall transfer | 18695 |
| jurisdiction of the case back to the juvenile court that initially | 18696 |
| transferred the case and the juvenile court shall proceed in | 18697 |
| accordance with this division. In no case may the child waive a | 18698 |
| right to a hearing of the type described in division (B)(3)(b) of | 18699 |
| this section, regarding a motion filed as described in that | 18700 |
| division by the prosecuting attorney in the case. Upon transfer of | 18701 |
| jurisdiction of the case back to the juvenile court, both of the | 18702 |
| following apply: | 18703 |
| (a) Except as otherwise provided in division (B)(3)(b) of | 18704 |
| this section, the juvenile court shall impose a serious youthful | 18705 |
| offender dispositional sentence upon the child under division | 18706 |
| (D)(1) of section 2152.13 of the Revised Code. In imposing the | 18707 |
| adult portion of that sentence, the juvenile court shall consider | 18708 |
| and give preference to the sentence imposed upon the child by the | 18709 |
| court in which the child was convicted of or pleaded guilty to the | 18710 |
| offense. Upon imposing a serious youthful offender dispositional | 18711 |
| sentence upon the child as described in this division, the | 18712 |
| juvenile court shall notify the court in which the child was | 18713 |
| convicted of or pleaded guilty to the offense, the sentence | 18714 |
| imposed upon the child by that court shall terminate, the court | 18715 |
| and all other agencies that have any record of the conviction of | 18716 |
| the child shall expunge the conviction or guilty plea and all | 18717 |
| records of it, the conviction or guilty plea shall be considered | 18718 |
| and treated for all purposes other than as provided in this | 18719 |
| section to have never occurred, and the conviction or guilty plea | 18720 |
| shall be considered and treated for all purposes other than as | 18721 |
| provided in this section to have been a delinquent child | 18722 |
| adjudication of the child. | 18723 |
| (b) Upon the transfer, the prosecuting attorney in the case | 18724 |
| may file a motion in the juvenile court that objects to the | 18725 |
| imposition of a serious youthful offender dispositional sentence | 18726 |
| upon the child and requests that the sentence imposed upon the | 18727 |
| child by the court in which the child was convicted of or pleaded | 18728 |
| guilty to the offense be invoked. Upon the filing of a motion | 18729 |
| under this division, the juvenile court shall hold a hearing to | 18730 |
| determine whether the child is not amenable to care or | 18731 |
| rehabilitation within the juvenile system and whether the safety | 18732 |
| of the community may require that the child be subject solely to | 18733 |
| adult sanctions. If the juvenile court at the hearing finds that | 18734 |
| the child is not amenable to care or rehabilitation within the | 18735 |
| juvenile system or that the safety of the community may require | 18736 |
| that the child be subject solely to adult sanctions, the court | 18737 |
| shall grant the motion. Absent such a finding, the juvenile court | 18738 |
| shall deny the motion. In making its decision under this division, | 18739 |
| the juvenile court shall consider the factors listed in division | 18740 |
| (D) of section 2152.12 of the Revised Code as factors indicating | 18741 |
| that the motion should be granted, shall consider the factors | 18742 |
| listed in division (E) of that section as factors indicating that | 18743 |
| the motion should not be granted, and shall consider whether the | 18744 |
| applicable factors listed in division (D) of that section outweigh | 18745 |
| the applicable factors listed in division (E) of that section. | 18746 |
| If the juvenile court grants the motion of the prosecuting | 18747 |
| attorney under this division, the juvenile court shall transfer | 18748 |
| jurisdiction of the case back to the court in which the child was | 18749 |
| convicted of or pleaded guilty to the offense, and the sentence | 18750 |
| imposed by that court shall be invoked. If the juvenile court | 18751 |
| denies the motion of the prosecuting attorney under this section, | 18752 |
| the juvenile court shall impose a serious youthful offender | 18753 |
| dispositional sentence upon the child in accordance with division | 18754 |
| (B)(3)(a) of this section. | 18755 |
| (4) If the court in which the child is convicted of or pleads | 18756 |
| guilty to the offense determines under division (B)(1) of this | 18757 |
| section that, had a complaint been filed in juvenile court | 18758 |
| alleging that the child was a delinquent child for committing an | 18759 |
| act that would be that offense if committed by an adult, division | 18760 |
| (A) of section 2152.12 of the Revised Code would have required | 18761 |
| mandatory transfer of the case, the court shall impose sentence | 18762 |
| upon the child under Chapter 2929. of the Revised Code. | 18763 |
| Sec. 2152.131. (A) The department of youth services, for the | 18764 |
| purposes of this section, shall select a single validated risk | 18765 |
| assessment tool for delinquent children that assesses the | 18766 |
| delinquent child's risk to reoffend. The assessment tool shall be | 18767 |
| used as described in division (B) of this section. | 18768 |
| (B)(1) In determining whether to initiate a serious youthful | 18769 |
| offender dispositional sentence process under section 2152.13 of | 18770 |
| the Revised Code with respect to an alleged delinquent child who | 18771 |
| is eligible for the dispositional sentence, a prosecuting attorney | 18772 |
| shall utilize the single validated risk assessment tool selected | 18773 |
| by the department of youth services under division (A) of this | 18774 |
| section. | 18775 |
| (2)(a) If a child is adjudicated a delinquent child under | 18776 |
| circumstances that require the juvenile court to impose upon the | 18777 |
| child a serious youthful dispositional sentence under section | 18778 |
| 2152.11 or division (B)(3) of section 2151.121 of the Revised | 18779 |
| Code, or under circumstances that allow, but do not require, the | 18780 |
| juvenile court to impose upon the child a serious youthful | 18781 |
| dispositional sentence under section 2152.11 of the Revised Code, | 18782 |
| except as otherwise provided in division (B)(2)(b) of this | 18783 |
| section, the court shall utilize the single validated risk | 18784 |
| assessment tool selected by the department of youth services under | 18785 |
| division (A) of this section in determining the traditional | 18786 |
| juvenile disposition or dispositions to impose on the child under | 18787 |
| sections 2152.16, 2152.19, 2152.20, and, if applicable, section | 18788 |
| 2152.17 of the Revised Code, as the juvenile portion of the | 18789 |
| serious youthful offender dispositional sentence described in | 18790 |
| division (D)(1) or (2)(a) of section 2152.13 of the Revised Code | 18791 |
| or as the disposition described in division (D)(2)(b) of that | 18792 |
| section. | 18793 |
| (b) Division (B)(2)(a) of this section does not apply if the | 18794 |
| court is required to commit the child to the department of youth | 18795 |
| services under the juvenile portion of the sentence. | 18796 |
| (C) For each entity required to use the assessment tool, | 18797 |
| every employee of the entity who actually uses the tool shall be | 18798 |
| trained and certified by a trainer who is certified by the | 18799 |
| department of youth services. Each entity that utilizes the | 18800 |
| assessment tool shall develop policies and protocols regarding all | 18801 |
| of the following: | 18802 |
| (1) Application and integration of the assessment tool into | 18803 |
| operation, supervision, and case planning; | 18804 |
| (2) Administrative oversight of the use of the assessment | 18805 |
| tool; | 18806 |
| (3) Staff training; | 18807 |
| (4) Quality assurance; | 18808 |
| (5) Data collection. | 18809 |
| Sec. 2152.22. (A) When a child is committed to the legal | 18810 |
| custody of the department of youth services under this chapter, | 18811 |
| the juvenile court relinquishes control with respect to the child | 18812 |
| so committed, except as provided in divisions (B), (C), (D), and | 18813 |
| (H) of this section or in sections 2152.82 to 2152.86 of the | 18814 |
| Revised Code. Subject to divisions (B), (C), and (D) of this | 18815 |
| section, sections 2151.353 and 2151.412 to 2151.421 of the Revised | 18816 |
| Code, sections 2152.82 to 2152.86 of the Revised Code, and any | 18817 |
| other provision of law that specifies a different duration for a | 18818 |
| dispositional order, all other dispositional orders made by the | 18819 |
| court under this chapter shall be temporary and shall continue for | 18820 |
| a period that is designated by the court in its order, until | 18821 |
| terminated or modified by the court or until the child attains | 18822 |
| twenty-one years of age. | 18823 |
| The department shall not release the child from a department | 18824 |
| facility and as a result shall not discharge the child or order | 18825 |
| the child's release on supervised release prior to the expiration | 18826 |
| of the minimum period specified by the court in division (A)(1) of | 18827 |
| section 2152.16 of the Revised Code and any term of commitment | 18828 |
| imposed under section 2152.17 of the Revised Code or prior to the | 18829 |
| child's attainment of twenty-one years of age, except upon the | 18830 |
| order of a court pursuant to division (B), (C), or (D) of this | 18831 |
| section or in accordance with section 5139.54 of the Revised Code. | 18832 |
| (B)(1) | 18833 |
| division (D)(1)(b) of this section, the court that commits a | 18834 |
| delinquent child to the department of youth services may grant | 18835 |
| judicial release of the child to court supervision under this | 18836 |
| division during the first half of the prescribed minimum term for | 18837 |
| which the child was committed to the department or, if the child | 18838 |
| was committed to the department until the child attains twenty-one | 18839 |
| years of age, during the first half of the prescribed period of | 18840 |
| commitment that begins on the first day of commitment and ends on | 18841 |
| the child's twenty-first birthday, provided any commitment imposed | 18842 |
| under division (A), (B), (C), or (D) of section 2152.17 of the | 18843 |
| Revised Code has ended. | 18844 |
| (2) If the department desires to release a child during a | 18845 |
| period specified in division (B)(1) of this section, it shall | 18846 |
| request the court that committed the child to grant a judicial | 18847 |
| release of the child to court supervision under this division. | 18848 |
| During whichever of those periods is applicable, the child or the | 18849 |
| parents of the child also may request that court to grant a | 18850 |
| judicial release of the child to court supervision. Upon receipt | 18851 |
| of a request for a judicial release to court supervision under | 18852 |
| this division from the department, the child, or the child's | 18853 |
| parent, or upon its own motion, the court that committed the child | 18854 |
| shall do one of the following: approve the release by journal | 18855 |
| entry; schedule within thirty days after the request is received a | 18856 |
| time for a hearing on whether the child is to be released; or | 18857 |
| reject the request by journal entry without conducting a hearing. | 18858 |
| If the court rejects an initial request for a release under | 18859 |
| this division by the child or the child's parent, the child or the | 18860 |
| child's parent may make one additional request for a judicial | 18861 |
| release to court supervision within the applicable period. The | 18862 |
| additional request may be made no earlier than thirty days after | 18863 |
| the filing of the prior request for a judicial release to court | 18864 |
| supervision. Upon the filing of a second request for a judicial | 18865 |
| release to court supervision, the court shall either approve or | 18866 |
| disapprove the release by journal entry or schedule within thirty | 18867 |
| days after the request is received a time for a hearing on whether | 18868 |
| the child is to be released. | 18869 |
| (3) If a court schedules a hearing under division (B)(2) of | 18870 |
| this section, it may order the department to deliver the child to | 18871 |
| the court on the date set for the hearing and may order the | 18872 |
| department to present to the court a report on the child's | 18873 |
| progress in the institution to which the child was committed and | 18874 |
| recommendations for conditions of supervision of the child by the | 18875 |
| court after release. The court may conduct the hearing without the | 18876 |
| child being present. The court shall determine at the hearing | 18877 |
| whether the child should be granted a judicial release to court | 18878 |
| supervision. | 18879 |
| If the court approves the release under this division, it | 18880 |
| shall order its staff to prepare a written treatment and | 18881 |
| rehabilitation plan for the child that may include any conditions | 18882 |
| of the child's release that were recommended by the department and | 18883 |
| approved by the court. The committing court shall send the | 18884 |
| juvenile court of the county in which the child is placed a copy | 18885 |
| of the recommended plan. The court of the county in which the | 18886 |
| child is placed may adopt the recommended conditions set by the | 18887 |
| committing court as an order of the court and may add any | 18888 |
| additional consistent conditions it considers appropriate. If a | 18889 |
| child is granted a judicial release to court supervision, the | 18890 |
| release discharges the child from the custody of the department of | 18891 |
| youth services. | 18892 |
| (C)(1) | 18893 |
| division (D)(1)(b) of this section, the court that commits a | 18894 |
| delinquent child to the department of youth services may grant | 18895 |
| judicial release of the child to department of youth services | 18896 |
| supervision under this division during the second half of the | 18897 |
| prescribed minimum term for which the child was committed to the | 18898 |
| department or, if the child was committed to the department until | 18899 |
| the child attains twenty-one years of age, during the second half | 18900 |
| of the prescribed period of commitment that begins on the first | 18901 |
| day of commitment and ends on the child's twenty-first birthday, | 18902 |
| provided any commitment imposed under division (A), (B), (C), or | 18903 |
| (D) of section 2152.17 of the Revised Code has ended. | 18904 |
| (2) If the department desires to release a child during a | 18905 |
| period specified in division (C)(1) of this section, it shall | 18906 |
| request the court that committed the child to grant a judicial | 18907 |
| release to department of youth services supervision. During | 18908 |
| whichever of those periods is applicable, the child or the child's | 18909 |
| parent also may request the court that committed the child to | 18910 |
| grant a judicial release to department of youth services | 18911 |
| supervision. Upon receipt of a request for judicial release to | 18912 |
| department of youth services supervision, the child, or the | 18913 |
| child's parent, or upon its own motion at any time during that | 18914 |
| period, the court shall do one of the following: approve the | 18915 |
| release by journal entry; schedule a time within thirty days after | 18916 |
| receipt of the request for a hearing on whether the child is to be | 18917 |
| released; or reject the request by journal entry without | 18918 |
| conducting a hearing. | 18919 |
| If the court rejects an initial request for release under | 18920 |
| this division by the child or the child's parent, the child or the | 18921 |
| child's parent may make one or more subsequent requests for a | 18922 |
| release within the applicable period, but may make no more than | 18923 |
| one request during each period of ninety days that the child is in | 18924 |
| a secure department facility after the filing of a prior request | 18925 |
| for early release. Upon the filing of a request for release under | 18926 |
| this division subsequent to an initial request, the court shall | 18927 |
| either approve or disapprove the release by journal entry or | 18928 |
| schedule a time within thirty days after receipt of the request | 18929 |
| for a hearing on whether the child is to be released. | 18930 |
| (3) If a court schedules a hearing under division (C)(2) of | 18931 |
| this section, it may order the department to deliver the child to | 18932 |
| the court on the date set for the hearing and shall order the | 18933 |
| department to present to the court at that time a treatment plan | 18934 |
| for the child's post-institutional care. The court may conduct the | 18935 |
| hearing without the child being present. The court shall determine | 18936 |
| at the hearing whether the child should be granted a judicial | 18937 |
| release to department of youth services supervision. | 18938 |
| If the court approves the judicial release to department of | 18939 |
| youth services supervision, the department shall prepare a written | 18940 |
| treatment and rehabilitation plan for the child pursuant to | 18941 |
| division (F) of this section that shall include the conditions of | 18942 |
| the child's release. It shall send the committing court and the | 18943 |
| juvenile court of the county in which the child is placed a copy | 18944 |
| of the plan. The court of the county in which the child is placed | 18945 |
| may adopt the conditions set by the department as an order of the | 18946 |
| court and may add any additional consistent conditions it | 18947 |
| considers appropriate, provided that the court may not add any | 18948 |
| condition that decreases the level or degree of supervision | 18949 |
| specified by the department in its plan, that substantially | 18950 |
| increases the financial burden of supervision that will be | 18951 |
| experienced by the department, or that alters the placement | 18952 |
| specified by the department in its plan. If the court of the | 18953 |
| county in which the child is placed adds to the department's plan | 18954 |
| any additional conditions, it shall enter those additional | 18955 |
| conditions in its journal and shall send to the department a copy | 18956 |
| of the journal entry of the additional conditions. | 18957 |
| If the court approves the judicial release to department of | 18958 |
| youth services supervision, the actual date on which the | 18959 |
| department shall release the child is contingent upon the | 18960 |
| department finding a suitable placement for the child. If the | 18961 |
| child is to be returned to the child's home, the department shall | 18962 |
| return the child on the date that the court schedules for the | 18963 |
| child's release or shall bear the expense of any additional time | 18964 |
| that the child remains in a department facility. If the child is | 18965 |
| unable to return to the child's home, the department shall | 18966 |
| exercise reasonable diligence in finding a suitable placement for | 18967 |
| the child, and the child shall remain in a department facility | 18968 |
| while the department finds the suitable placement. | 18969 |
| (D)(1) Subject to division (D)(3) of this section, the court | 18970 |
| that commits a delinquent child to the department of youth | 18971 |
| services may grant judicial release of the child under this | 18972 |
| division at any time after the expiration of one of the following | 18973 |
| periods of time: | 18974 |
| (a) Except as otherwise provided in division (D)(1)(b) of | 18975 |
| this section, if the child was committed to the department for a | 18976 |
| prescribed minimum period and a maximum period not to exceed the | 18977 |
| child's attainment of twenty-one years, the court may grant | 18978 |
| judicial release of the child at any time after the expiration of | 18979 |
| the prescribed minimum term for which the child was committed to | 18980 |
| the department. | 18981 |
| (b) If the child was committed to the department for both one | 18982 |
| or more definite periods under division (A), (B), (C), or (D) of | 18983 |
| section 2152.17 of the Revised Code and a period of the type | 18984 |
| described in division (D)(1)(a) of this section, all of the | 18985 |
| prescribed minimum periods of commitment imposed under division | 18986 |
| (A), (B), (C), or (D) of section 2152.17 of the Revised Code and | 18987 |
| the prescribed period of commitment of the type described in | 18988 |
| division (D)(1)(a) of this section shall be aggregated for | 18989 |
| purposes of this division, and the court may grant judicial | 18990 |
| release of the child at any time after the expiration of one year | 18991 |
| after the child begins serving the aggregate period of commitment. | 18992 |
| (2) If a court grants a judicial release of a child under | 18993 |
| division (D)(1) of this section, the release shall be a judicial | 18994 |
| release to department of youth services supervision, if the | 18995 |
| release is granted during a period described in division (C)(1) of | 18996 |
| this section, and the second and third paragraphs of division | 18997 |
| (C)(3) of this section apply regarding the release. In all other | 18998 |
| cases, the release shall be a judicial release to court | 18999 |
| supervision, and the second paragraph of division (B)(3) of this | 19000 |
| section applies regarding the release. | 19001 |
| (3) A court at the time of making the disposition of a child | 19002 |
| shall provide notice in the order of disposition that the judge is | 19003 |
| retaining jurisdiction over the child for the purpose of a | 19004 |
| possible grant of judicial release of the child under division | 19005 |
| (D)(1) of this section. The failure of a court to provide this | 19006 |
| notice does not affect the authority of the court to grant a | 19007 |
| judicial release under that division and does not constitute | 19008 |
| grounds for setting aside the child's delinquent child | 19009 |
| adjudication or disposition or for granting any post-adjudication | 19010 |
| relief to the child. | 19011 |
| (4) The department of youth services, a child committed to | 19012 |
| the department, or the parents of the child, during a period | 19013 |
| specified in division (D)(1) of this section, may request the | 19014 |
| court that committed the child to grant a judicial release of the | 19015 |
| child under that division. Upon receipt of a request for judicial | 19016 |
| release of a child under this division from the department, the | 19017 |
| child, or the child's parent, or upon its own motion, the court | 19018 |
| that committed the child shall do one of the following: | 19019 |
| (a) Approve the request by journal entry; | 19020 |
| (b) Schedule within thirty days after the request is received | 19021 |
| a time for a hearing on whether the child is to be released; | 19022 |
| (c) Reject the request by journal entry without conducting a | 19023 |
| hearing. | 19024 |
| If the court rejects an initial request for a release under | 19025 |
| this division by the child or the child's parent, division (C)(2) | 19026 |
| of this section applies regarding the making of additional | 19027 |
| requests. | 19028 |
| If the court schedules a hearing under this division to | 19029 |
| consider the judicial release, the first paragraph of division | 19030 |
| (B)(3) of this section applies regarding the hearing. | 19031 |
| (E) If a child is released under division (B), (C), or (D) of | 19032 |
| this section and the court of the county in which the child is | 19033 |
| placed has reason to believe that the child's deportment is not in | 19034 |
| accordance with the conditions of the child's judicial release, | 19035 |
| the court of the county in which the child is placed shall | 19036 |
| schedule a time for a hearing to determine whether the child | 19037 |
| violated any of the post-release conditions, and, if the child was | 19038 |
| released under division (C) of this section or under division (D) | 19039 |
| of this section under department supervision, divisions (A) to (E) | 19040 |
| of section 5139.52 of the Revised Code apply regarding the child. | 19041 |
| If that court determines at the hearing that the child | 19042 |
| violated any of the post-release conditions, the court, if it | 19043 |
| determines that the violation was a serious violation, may order | 19044 |
| the child to be returned to the department for | 19045 |
| institutionalization, consistent with the original order of | 19046 |
| commitment of the child, or in any case may make any other | 19047 |
| disposition of the child authorized by law that the court | 19048 |
| considers proper. If the court of the county in which the child is | 19049 |
| placed orders the child to be returned to a department of youth | 19050 |
| services institution, the time during which the child was held in | 19051 |
| a secure department facility prior to the child's judicial release | 19052 |
| shall be considered as time served in fulfilling the prescribed | 19053 |
| period of institutionalization that is applicable to the child | 19054 |
| under the child's original order of commitment. If the court | 19055 |
| orders the child returned to a department institution, the child | 19056 |
| shall remain in institutional care for a minimum of three months | 19057 |
| or until the child successfully completes a revocation program of | 19058 |
| a duration of not less than thirty days operated either by the | 19059 |
| department or by an entity with which the department has | 19060 |
| contracted to provide a revocation program. | 19061 |
| (F) The department of youth services, prior to the release of | 19062 |
| a child pursuant to division (C) of this section or pursuant to | 19063 |
| division (D) of this section on department supervision, shall do | 19064 |
| all of the following: | 19065 |
| (1) After reviewing the child's rehabilitative progress | 19066 |
| history and medical and educational records, prepare a written | 19067 |
| treatment and rehabilitation plan for the child that includes | 19068 |
| conditions of the release; | 19069 |
| (2) Completely discuss the conditions of the plan prepared | 19070 |
| pursuant to division (F)(1) of this section and the possible | 19071 |
| penalties for violation of the plan with the child and the child's | 19072 |
| parents, guardian, or legal custodian; | 19073 |
| (3) Have the plan prepared pursuant to division (F)(1) of | 19074 |
| this section signed by the child, the child's parents, legal | 19075 |
| guardian, or custodian, and any authority or person that is to | 19076 |
| supervise, control, and provide supportive assistance to the child | 19077 |
| at the time of the child's release pursuant to division (C) or (D) | 19078 |
| of this section; | 19079 |
| (4) Prior to the child's release, file a copy of the | 19080 |
| treatment plan prepared pursuant to division (F)(1) of this | 19081 |
| section with the committing court and the juvenile court of the | 19082 |
| county in which the child is to be placed. | 19083 |
| (G) The department of youth services shall file a written | 19084 |
| progress report with the committing court regarding each child | 19085 |
| released pursuant to division (C) of this section or released | 19086 |
| pursuant to division (D) of this section on judicial release to | 19087 |
| department supervision at least once every thirty days unless | 19088 |
| specifically directed otherwise by the court. The report shall | 19089 |
| indicate the treatment and rehabilitative progress of the child | 19090 |
| and the child's family, if applicable, and shall include any | 19091 |
| suggestions for altering the program, custody, living | 19092 |
| arrangements, or treatment. The department shall retain legal | 19093 |
| custody of a child so released until it discharges the child or | 19094 |
| until the custody is terminated as otherwise provided by law. | 19095 |
| (H) When a child is committed to the legal custody of the | 19096 |
| department of youth services, the court retains jurisdiction to | 19097 |
| perform the functions specified in section 5139.51 of the Revised | 19098 |
| Code with respect to the granting of supervised release by the | 19099 |
| release authority and to perform the functions specified in | 19100 |
| section 5139.52 of the Revised Code with respect to violations of | 19101 |
| the conditions of supervised release granted by the release | 19102 |
| authority and to the revocation of supervised release granted by | 19103 |
| the release authority. | 19104 |
| Sec. 2301.03. (A) In Franklin county, the judges of the | 19105 |
| court of common pleas whose terms begin on January 1, 1953, | 19106 |
| January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 19107 |
| 1997, and successors, shall have the same qualifications, exercise | 19108 |
| the same powers and jurisdiction, and receive the same | 19109 |
| compensation as other judges of the court of common pleas of | 19110 |
| Franklin county and shall be elected and designated as judges of | 19111 |
| the court of common pleas, division of domestic relations. They | 19112 |
| shall have all the powers relating to juvenile courts, and all | 19113 |
| cases under Chapters 2151. and 2152. of the Revised Code, all | 19114 |
| parentage proceedings under Chapter 3111. of the Revised Code over | 19115 |
| which the juvenile court has jurisdiction, and all divorce, | 19116 |
| dissolution of marriage, legal separation, and annulment cases | 19117 |
| shall be assigned to them. In addition to the judge's regular | 19118 |
| duties, the judge who is senior in point of service shall serve on | 19119 |
| the children services board and the county advisory board and | 19120 |
| shall be the administrator of the domestic relations division and | 19121 |
| its subdivisions and departments. | 19122 |
| (B) In Hamilton county: | 19123 |
| (1) The judge of the court of common pleas, whose term begins | 19124 |
| on January 1, 1957, and successors, and the judge of the court of | 19125 |
| common pleas, whose term begins on February 14, 1967, and | 19126 |
| successors, shall be the juvenile judges as provided in Chapters | 19127 |
| 2151. and 2152. of the Revised Code, with the powers and | 19128 |
| jurisdiction conferred by those chapters. | 19129 |
| (2) The judges of the court of common pleas whose terms begin | 19130 |
| on January 5, 1957, January 16, 1981, and July 1, 1991, and | 19131 |
| successors, shall be elected and designated as judges of the court | 19132 |
| of common pleas, division of domestic relations, and shall have | 19133 |
| assigned to them all divorce, dissolution of marriage, legal | 19134 |
| separation, and annulment cases coming before the court. On or | 19135 |
| after the first day of July and before the first day of August of | 19136 |
| 1991 and each year thereafter, a majority of the judges of the | 19137 |
| division of domestic relations shall elect one of the judges of | 19138 |
| the division as administrative judge of that division. If a | 19139 |
| majority of the judges of the division of domestic relations are | 19140 |
| unable for any reason to elect an administrative judge for the | 19141 |
| division before the first day of August, a majority of the judges | 19142 |
| of the Hamilton county court of common pleas, as soon as possible | 19143 |
| after that date, shall elect one of the judges of the division of | 19144 |
| domestic relations as administrative judge of that division. The | 19145 |
| term of the administrative judge shall begin on the earlier of the | 19146 |
| first day of August of the year in which the administrative judge | 19147 |
| is elected or the date on which the administrative judge is | 19148 |
| elected by a majority of the judges of the Hamilton county court | 19149 |
| of common pleas and shall terminate on the date on which the | 19150 |
| administrative judge's successor is elected in the following year. | 19151 |
| In addition to the judge's regular duties, the administrative | 19152 |
| judge of the division of domestic relations shall be the | 19153 |
| administrator of the domestic relations division and its | 19154 |
| subdivisions and departments and shall have charge of the | 19155 |
| employment, assignment, and supervision of the personnel of the | 19156 |
| division engaged in handling, servicing, or investigating divorce, | 19157 |
| dissolution of marriage, legal separation, and annulment cases, | 19158 |
| including any referees considered necessary by the judges in the | 19159 |
| discharge of their various duties. | 19160 |
| The administrative judge of the division of domestic | 19161 |
| relations also shall designate the title, compensation, expense | 19162 |
| allowances, hours, leaves of absence, and vacations of the | 19163 |
| personnel of the division, and shall fix the duties of its | 19164 |
| personnel. The duties of the personnel, in addition to those | 19165 |
| provided for in other sections of the Revised Code, shall include | 19166 |
| the handling, servicing, and investigation of divorce, dissolution | 19167 |
| of marriage, legal separation, and annulment cases and counseling | 19168 |
| and conciliation services that may be made available to persons | 19169 |
| requesting them, whether or not the persons are parties to an | 19170 |
| action pending in the division. | 19171 |
| The board of county commissioners shall appropriate the sum | 19172 |
| of money each year as will meet all the administrative expenses of | 19173 |
| the division of domestic relations, including reasonable expenses | 19174 |
| of the domestic relations judges and the division counselors and | 19175 |
| other employees designated to conduct the handling, servicing, and | 19176 |
| investigation of divorce, dissolution of marriage, legal | 19177 |
| separation, and annulment cases, conciliation and counseling, and | 19178 |
| all matters relating to those cases and counseling, and the | 19179 |
| expenses involved in the attendance of division personnel at | 19180 |
| domestic relations and welfare conferences designated by the | 19181 |
| division, and the further sum each year as will provide for the | 19182 |
| adequate operation of the division of domestic relations. | 19183 |
| The compensation and expenses of all employees and the salary | 19184 |
| and expenses of the judges shall be paid by the county treasurer | 19185 |
| from the money appropriated for the operation of the division, | 19186 |
| upon the warrant of the county auditor, certified to by the | 19187 |
| administrative judge of the division of domestic relations. | 19188 |
| The summonses, warrants, citations, subpoenas, and other | 19189 |
| writs of the division may issue to a bailiff, constable, or staff | 19190 |
| investigator of the division or to the sheriff of any county or | 19191 |
| any marshal, constable, or police officer, and the provisions of | 19192 |
| law relating to the subpoenaing of witnesses in other cases shall | 19193 |
| apply insofar as they are applicable. When a summons, warrant, | 19194 |
| citation, subpoena, or other writ is issued to an officer, other | 19195 |
| than a bailiff, constable, or staff investigator of the division, | 19196 |
| the expense of serving it shall be assessed as a part of the costs | 19197 |
| in the case involved. | 19198 |
| (3) The judge of the court of common pleas of Hamilton county | 19199 |
| whose term begins on January 3, 1997, and the successors to that | 19200 |
| judge shall each be elected and designated as the drug court judge | 19201 |
| of the court of common pleas of Hamilton county. The drug court | 19202 |
| judge may accept or reject any case referred to the drug court | 19203 |
| judge under division (B)(3) of this section. After the drug court | 19204 |
| judge accepts a referred case, the drug court judge has full | 19205 |
| authority over the case, including the authority to conduct | 19206 |
| arraignment, accept pleas, enter findings and dispositions, | 19207 |
| conduct trials, order treatment, and if treatment is not | 19208 |
| successfully completed pronounce and enter sentence. | 19209 |
| A judge of the general division of the court of common pleas | 19210 |
| of Hamilton county and a judge of the Hamilton county municipal | 19211 |
| court may refer to the drug court judge any case, and any | 19212 |
| companion cases, the judge determines meet the criteria described | 19213 |
| under divisions (B)(3)(a) and (b) of this section. If the drug | 19214 |
| court judge accepts referral of a referred case, the case, and any | 19215 |
| companion cases, shall be transferred to the drug court judge. A | 19216 |
| judge may refer a case meeting the criteria described in divisions | 19217 |
| (B)(3)(a) and (b) of this section that involves a violation of a | 19218 |
| condition of a community control sanction to the drug court judge, | 19219 |
| and, if the drug court judge accepts the referral, the referring | 19220 |
| judge and the drug court judge have concurrent jurisdiction over | 19221 |
| the case. | 19222 |
| A judge of the general division of the court of common pleas | 19223 |
| of Hamilton county and a judge of the Hamilton county municipal | 19224 |
| court may refer a case to the drug court judge under division | 19225 |
| (B)(3) of this section if the judge determines that both of the | 19226 |
| following apply: | 19227 |
| (a) One of the following applies: | 19228 |
| (i) The case involves a drug abuse offense, as defined in | 19229 |
| section 2925.01 of the Revised Code, that is a felony of the third | 19230 |
| or fourth degree if the offense is committed prior to July 1, | 19231 |
| 1996, a felony of the third, fourth, or fifth degree if the | 19232 |
| offense is committed on or after July 1, 1996, or a misdemeanor. | 19233 |
| (ii) The case involves a theft offense, as defined in section | 19234 |
| 2913.01 of the Revised Code, that is a felony of the third or | 19235 |
| fourth degree if the offense is committed prior to July 1, 1996, a | 19236 |
| felony of the third, fourth, or fifth degree if the offense is | 19237 |
| committed on or after July 1, 1996, or a misdemeanor, and the | 19238 |
| defendant is drug or alcohol dependent or in danger of becoming | 19239 |
| drug or alcohol dependent and would benefit from treatment. | 19240 |
| (b) All of the following apply: | 19241 |
| (i) The case involves an offense for which a community | 19242 |
| control sanction may be imposed or is a case in which a mandatory | 19243 |
| prison term or a mandatory jail term is not required to be | 19244 |
| imposed. | 19245 |
| (ii) The defendant has no history of violent behavior. | 19246 |
| (iii) The defendant has no history of mental illness. | 19247 |
| (iv) The defendant's current or past behavior, or both, is | 19248 |
| drug or alcohol driven. | 19249 |
| (v) The defendant demonstrates a sincere willingness to | 19250 |
| participate in a fifteen-month treatment process. | 19251 |
| (vi) The defendant has no acute health condition. | 19252 |
| (vii) If the defendant is incarcerated, the county prosecutor | 19253 |
| approves of the referral. | 19254 |
| (4) If the administrative judge of the court of common pleas | 19255 |
| of Hamilton county determines that the volume of cases pending | 19256 |
| before the drug court judge does not constitute a sufficient | 19257 |
| caseload for the drug court judge, the administrative judge, in | 19258 |
| accordance with the Rules of Superintendence for Courts of Common | 19259 |
| Pleas, shall assign individual cases to the drug court judge from | 19260 |
| the general docket of the court. If the assignments so occur, the | 19261 |
| administrative judge shall cease the assignments when the | 19262 |
| administrative judge determines that the volume of cases pending | 19263 |
| before the drug court judge constitutes a sufficient caseload for | 19264 |
| the drug court judge. | 19265 |
| (5) As used in division (B) of this section, "community | 19266 |
| control sanction," "mandatory prison term," and "mandatory jail | 19267 |
| term" have the same meanings as in section 2929.01 of the Revised | 19268 |
| Code. | 19269 |
| (C)(1) In Lorain county: | 19270 |
| (a) The judges of the court of common pleas whose terms begin | 19271 |
| on January 3, 1959, January 4, 1989, and January 2, 1999, and | 19272 |
| successors, and the judge of the court of common pleas whose term | 19273 |
| begins on February 9, 2009, shall have the same qualifications, | 19274 |
| exercise the same powers and jurisdiction, and receive the same | 19275 |
| compensation as the other judges of the court of common pleas of | 19276 |
| Lorain county and shall be elected and designated as the judges of | 19277 |
| the court of common pleas, division of domestic relations. The | 19278 |
| judges of the court of common pleas whose terms begin on January | 19279 |
| 3, 1959, January 4, 1989, and January 2, 1999, and successors, | 19280 |
| shall have all of the powers relating to juvenile courts, and all | 19281 |
| cases under Chapters 2151. and 2152. of the Revised Code, all | 19282 |
| parentage proceedings over which the juvenile court has | 19283 |
| jurisdiction, and all divorce, dissolution of marriage, legal | 19284 |
| separation, and annulment cases shall be assigned to them, except | 19285 |
| cases that for some special reason are assigned to some other | 19286 |
| judge of the court of common pleas. From February 9, 2009, through | 19287 |
| September 28, 2009, the judge of the court of common pleas whose | 19288 |
| term begins on February 9, 2009, shall have all the powers | 19289 |
| relating to juvenile courts, and cases under Chapters 2151. and | 19290 |
| 2152. of the Revised Code, parentage proceedings over which the | 19291 |
| juvenile court has jurisdiction, and divorce, dissolution of | 19292 |
| marriage, legal separation, and annulment cases shall be assigned | 19293 |
| to that judge, except cases that for some special reason are | 19294 |
| assigned to some other judge of the court of common pleas. | 19295 |
| (b) From January 1, 2006, through September 28, 2009, the | 19296 |
| judges of the court of common pleas, division of domestic | 19297 |
| relations, in addition to the powers and jurisdiction set forth in | 19298 |
| division (C)(1)(a) of this section, shall have jurisdiction over | 19299 |
| matters that are within the jurisdiction of the probate court | 19300 |
| under Chapter 2101. and other provisions of the Revised Code. | 19301 |
| (c) The judge of the court of common pleas, division of | 19302 |
| domestic relations, whose term begins on February 9, 2009, is the | 19303 |
| successor to the probate judge who was elected in 2002 for a term | 19304 |
| that began on February 9, 2003. After September 28, 2009, the | 19305 |
| judge of the court of common pleas, division of domestic | 19306 |
| relations, whose term begins on February 9, 2009, shall be the | 19307 |
| probate judge. | 19308 |
| (2)(a) From February 9, 2009, through September 28, 2009, | 19309 |
| with respect to Lorain county, all references in law to the | 19310 |
| probate court shall be construed as references to the court of | 19311 |
| common pleas, division of domestic relations, and all references | 19312 |
| to the probate judge shall be construed as references to the | 19313 |
| judges of the court of common pleas, division of domestic | 19314 |
| relations. | 19315 |
| (b) From February 9, 2009, through September 28, 2009, with | 19316 |
| respect to Lorain county, all references in law to the clerk of | 19317 |
| the probate court shall be construed as references to the judge | 19318 |
| who is serving pursuant to Rule 4 of the Rules of Superintendence | 19319 |
| for the Courts of Ohio as the administrative judge of the court of | 19320 |
| common pleas, division of domestic relations. | 19321 |
| (D) In Lucas county: | 19322 |
| (1) The judges of the court of common pleas whose terms begin | 19323 |
| on January 1, 1955, and January 3, 1965, and successors, shall | 19324 |
| have the same qualifications, exercise the same powers and | 19325 |
| jurisdiction, and receive the same compensation as other judges of | 19326 |
| the court of common pleas of Lucas county and shall be elected and | 19327 |
| designated as judges of the court of common pleas, division of | 19328 |
| domestic relations. All divorce, dissolution of marriage, legal | 19329 |
| separation, and annulment cases shall be assigned to them. | 19330 |
| The judge of the division of domestic relations, senior in | 19331 |
| point of service, shall be considered as the presiding judge of | 19332 |
| the court of common pleas, division of domestic relations, and | 19333 |
| shall be charged exclusively with the assignment and division of | 19334 |
| the work of the division and the employment and supervision of all | 19335 |
| other personnel of the domestic relations division. | 19336 |
| (2) The judges of the court of common pleas whose terms begin | 19337 |
| on January 5, 1977, and January 2, 1991, and successors shall have | 19338 |
| the same qualifications, exercise the same powers and | 19339 |
| jurisdiction, and receive the same compensation as other judges of | 19340 |
| the court of common pleas of Lucas county, shall be elected and | 19341 |
| designated as judges of the court of common pleas, juvenile | 19342 |
| division, and shall be the juvenile judges as provided in Chapters | 19343 |
| 2151. and 2152. of the Revised Code with the powers and | 19344 |
| jurisdictions conferred by those chapters. In addition to the | 19345 |
| judge's regular duties, the judge of the court of common pleas, | 19346 |
| juvenile division, senior in point of service, shall be the | 19347 |
| administrator of the juvenile division and its subdivisions and | 19348 |
| departments and shall have charge of the employment, assignment, | 19349 |
| and supervision of the personnel of the division engaged in | 19350 |
| handling, servicing, or investigating juvenile cases, including | 19351 |
| any referees considered necessary by the judges of the division in | 19352 |
| the discharge of their various duties. | 19353 |
| The judge of the court of common pleas, juvenile division, | 19354 |
| senior in point of service, also shall designate the title, | 19355 |
| compensation, expense allowance, hours, leaves of absence, and | 19356 |
| vacation of the personnel of the division and shall fix the duties | 19357 |
| of the personnel of the division. The duties of the personnel, in | 19358 |
| addition to other statutory duties include the handling, | 19359 |
| servicing, and investigation of juvenile cases and counseling and | 19360 |
| conciliation services that may be made available to persons | 19361 |
| requesting them, whether or not the persons are parties to an | 19362 |
| action pending in the division. | 19363 |
| (3) If one of the judges of the court of common pleas, | 19364 |
| division of domestic relations, or one of the judges of the | 19365 |
| juvenile division is sick, absent, or unable to perform that | 19366 |
| judge's judicial duties or the volume of cases pending in that | 19367 |
| judge's division necessitates it, the duties shall be performed by | 19368 |
| the judges of the other of those divisions. | 19369 |
| (E) In Mahoning county: | 19370 |
| (1) The judge of the court of common pleas whose term began | 19371 |
| on January 1, 1955, and successors, shall have the same | 19372 |
| qualifications, exercise the same powers and jurisdiction, and | 19373 |
| receive the same compensation as other judges of the court of | 19374 |
| common pleas of Mahoning county, shall be elected and designated | 19375 |
| as judge of the court of common pleas, division of domestic | 19376 |
| relations, and shall be assigned all the divorce, dissolution of | 19377 |
| marriage, legal separation, and annulment cases coming before the | 19378 |
| court. In addition to the judge's regular duties, the judge of the | 19379 |
| court of common pleas, division of domestic relations, shall be | 19380 |
| the administrator of the domestic relations division and its | 19381 |
| subdivisions and departments and shall have charge of the | 19382 |
| employment, assignment, and supervision of the personnel of the | 19383 |
| division engaged in handling, servicing, or investigating divorce, | 19384 |
| dissolution of marriage, legal separation, and annulment cases, | 19385 |
| including any referees considered necessary in the discharge of | 19386 |
| the various duties of the judge's office. | 19387 |
| The judge also shall designate the title, compensation, | 19388 |
| expense allowances, hours, leaves of absence, and vacations of the | 19389 |
| personnel of the division and shall fix the duties of the | 19390 |
| personnel of the division. The duties of the personnel, in | 19391 |
| addition to other statutory duties, include the handling, | 19392 |
| servicing, and investigation of divorce, dissolution of marriage, | 19393 |
| legal separation, and annulment cases and counseling and | 19394 |
| conciliation services that may be made available to persons | 19395 |
| requesting them, whether or not the persons are parties to an | 19396 |
| action pending in the division. | 19397 |
| (2) The judge of the court of common pleas whose term began | 19398 |
| on January 2, 1969, and successors, shall have the same | 19399 |
| qualifications, exercise the same powers and jurisdiction, and | 19400 |
| receive the same compensation as other judges of the court of | 19401 |
| common pleas of Mahoning county, shall be elected and designated | 19402 |
| as judge of the court of common pleas, juvenile division, and | 19403 |
| shall be the juvenile judge as provided in Chapters 2151. and | 19404 |
| 2152. of the Revised Code, with the powers and jurisdictions | 19405 |
| conferred by those chapters. In addition to the judge's regular | 19406 |
| duties, the judge of the court of common pleas, juvenile division, | 19407 |
| shall be the administrator of the juvenile division and its | 19408 |
| subdivisions and departments and shall have charge of the | 19409 |
| employment, assignment, and supervision of the personnel of the | 19410 |
| division engaged in handling, servicing, or investigating juvenile | 19411 |
| cases, including any referees considered necessary by the judge in | 19412 |
| the discharge of the judge's various duties. | 19413 |
| The judge also shall designate the title, compensation, | 19414 |
| expense allowances, hours, leaves of absence, and vacation of the | 19415 |
| personnel of the division and shall fix the duties of the | 19416 |
| personnel of the division. The duties of the personnel, in | 19417 |
| addition to other statutory duties, include the handling, | 19418 |
| servicing, and investigation of juvenile cases and counseling and | 19419 |
| conciliation services that may be made available to persons | 19420 |
| requesting them, whether or not the persons are parties to an | 19421 |
| action pending in the division. | 19422 |
| (3) If a judge of the court of common pleas, division of | 19423 |
| domestic relations or juvenile division, is sick, absent, or | 19424 |
| unable to perform that judge's judicial duties, or the volume of | 19425 |
| cases pending in that judge's division necessitates it, that | 19426 |
| judge's duties shall be performed by another judge of the court of | 19427 |
| common pleas. | 19428 |
| (F) In Montgomery county: | 19429 |
| (1) The judges of the court of common pleas whose terms begin | 19430 |
| on January 2, 1953, and January 4, 1977, and successors, shall | 19431 |
| have the same qualifications, exercise the same powers and | 19432 |
| jurisdiction, and receive the same compensation as other judges of | 19433 |
| the court of common pleas of Montgomery county and shall be | 19434 |
| elected and designated as judges of the court of common pleas, | 19435 |
| division of domestic relations. These judges shall have assigned | 19436 |
| to them all divorce, dissolution of marriage, legal separation, | 19437 |
| and annulment cases. | 19438 |
| The judge of the division of domestic relations, senior in | 19439 |
| point of service, shall be charged exclusively with the assignment | 19440 |
| and division of the work of the division and shall have charge of | 19441 |
| the employment and supervision of the personnel of the division | 19442 |
| engaged in handling, servicing, or investigating divorce, | 19443 |
| dissolution of marriage, legal separation, and annulment cases, | 19444 |
| including any necessary referees, except those employees who may | 19445 |
| be appointed by the judge, junior in point of service, under this | 19446 |
|
section and sections 2301.12 | 19447 |
| Revised Code. The judge of the division of domestic relations, | 19448 |
| senior in point of service, also shall designate the title, | 19449 |
| compensation, expense allowances, hours, leaves of absence, and | 19450 |
| vacation of the personnel of the division and shall fix their | 19451 |
| duties. | 19452 |
| (2) The judges of the court of common pleas whose terms begin | 19453 |
| on January 1, 1953, and January 1, 1993, and successors, shall | 19454 |
| have the same qualifications, exercise the same powers and | 19455 |
| jurisdiction, and receive the same compensation as other judges of | 19456 |
| the court of common pleas of Montgomery county, shall be elected | 19457 |
| and designated as judges of the court of common pleas, juvenile | 19458 |
| division, and shall be, and have the powers and jurisdiction of, | 19459 |
| the juvenile judge as provided in Chapters 2151. and 2152. of the | 19460 |
| Revised Code. | 19461 |
| In addition to the judge's regular duties, the judge of the | 19462 |
| court of common pleas, juvenile division, senior in point of | 19463 |
| service, shall be the administrator of the juvenile division and | 19464 |
| its subdivisions and departments and shall have charge of the | 19465 |
| employment, assignment, and supervision of the personnel of the | 19466 |
| juvenile division, including any necessary referees, who are | 19467 |
| engaged in handling, servicing, or investigating juvenile cases. | 19468 |
| The judge, senior in point of service, also shall designate the | 19469 |
| title, compensation, expense allowances, hours, leaves of absence, | 19470 |
| and vacation of the personnel of the division and shall fix their | 19471 |
| duties. The duties of the personnel, in addition to other | 19472 |
| statutory duties, shall include the handling, servicing, and | 19473 |
| investigation of juvenile cases and of any counseling and | 19474 |
| conciliation services that are available upon request to persons, | 19475 |
| whether or not they are parties to an action pending in the | 19476 |
| division. | 19477 |
| If one of the judges of the court of common pleas, division | 19478 |
| of domestic relations, or one of the judges of the court of common | 19479 |
| pleas, juvenile division, is sick, absent, or unable to perform | 19480 |
| that judge's duties or the volume of cases pending in that judge's | 19481 |
| division necessitates it, the duties of that judge may be | 19482 |
| performed by the judge or judges of the other of those divisions. | 19483 |
| (G) In Richland county: | 19484 |
| (1) The judge of the court of common pleas whose term begins | 19485 |
| on January 1, 1957, and successors, shall have the same | 19486 |
| qualifications, exercise the same powers and jurisdiction, and | 19487 |
| receive the same compensation as the other judges of the court of | 19488 |
| common pleas of Richland county and shall be elected and | 19489 |
| designated as judge of the court of common pleas, division of | 19490 |
| domestic relations. That judge shall be assigned and hear all | 19491 |
| divorce, dissolution of marriage, legal separation, and annulment | 19492 |
| cases, all domestic violence cases arising under section 3113.31 | 19493 |
| of the Revised Code, and all post-decree proceedings arising from | 19494 |
| any case pertaining to any of those matters. The division of | 19495 |
| domestic relations has concurrent jurisdiction with the juvenile | 19496 |
| division of the court of common pleas of Richland county to | 19497 |
| determine the care, custody, or control of any child not a ward of | 19498 |
| another court of this state, and to hear and determine a request | 19499 |
| for an order for the support of any child if the request is not | 19500 |
| ancillary to an action for divorce, dissolution of marriage, | 19501 |
| annulment, or legal separation, a criminal or civil action | 19502 |
| involving an allegation of domestic violence, or an action for | 19503 |
| support brought under Chapter 3115. of the Revised Code. Except in | 19504 |
| cases that are subject to the exclusive original jurisdiction of | 19505 |
| the juvenile court, the judge of the division of domestic | 19506 |
| relations shall be assigned and hear all cases pertaining to | 19507 |
| paternity or parentage, the care, custody, or control of children, | 19508 |
| parenting time or visitation, child support, or the allocation of | 19509 |
| parental rights and responsibilities for the care of children, all | 19510 |
| proceedings arising under Chapter 3111. of the Revised Code, all | 19511 |
| proceedings arising under the uniform interstate family support | 19512 |
| act contained in Chapter 3115. of the Revised Code, and all | 19513 |
| post-decree proceedings arising from any case pertaining to any of | 19514 |
| those matters. | 19515 |
| In addition to the judge's regular duties, the judge of the | 19516 |
| court of common pleas, division of domestic relations, shall be | 19517 |
| the administrator of the domestic relations division and its | 19518 |
| subdivisions and departments. The judge shall have charge of the | 19519 |
| employment, assignment, and supervision of the personnel of the | 19520 |
| domestic relations division, including any magistrates the judge | 19521 |
| considers necessary for the discharge of the judge's duties. The | 19522 |
| judge shall also designate the title, compensation, expense | 19523 |
| allowances, hours, leaves of absence, vacation, and other | 19524 |
| employment-related matters of the personnel of the division and | 19525 |
| shall fix their duties. | 19526 |
| (2) The judge of the court of common pleas whose term begins | 19527 |
| on January 3, 2005, and successors, shall have the same | 19528 |
| qualifications, exercise the same powers and jurisdiction, and | 19529 |
| receive the same compensation as other judges of the court of | 19530 |
| common pleas of Richland county, shall be elected and designated | 19531 |
| as judge of the court of common pleas, juvenile division, and | 19532 |
| shall be, and have the powers and jurisdiction of, the juvenile | 19533 |
| judge as provided in Chapters 2151. and 2152. of the Revised Code. | 19534 |
| Except in cases that are subject to the exclusive original | 19535 |
| jurisdiction of the juvenile court, the judge of the juvenile | 19536 |
| division shall not have jurisdiction or the power to hear, and | 19537 |
| shall not be assigned, any case pertaining to paternity or | 19538 |
| parentage, the care, custody, or control of children, parenting | 19539 |
| time or visitation, child support, or the allocation of parental | 19540 |
| rights and responsibilities for the care of children or any | 19541 |
| post-decree proceeding arising from any case pertaining to any of | 19542 |
| those matters. The judge of the juvenile division shall not have | 19543 |
| jurisdiction or the power to hear, and shall not be assigned, any | 19544 |
| proceeding under the uniform interstate family support act | 19545 |
| contained in Chapter 3115. of the Revised Code. | 19546 |
| In addition to the judge's regular duties, the judge of the | 19547 |
| juvenile division shall be the administrator of the juvenile | 19548 |
| division and its subdivisions and departments. The judge shall | 19549 |
| have charge of the employment, assignment, and supervision of the | 19550 |
| personnel of the juvenile division who are engaged in handling, | 19551 |
| servicing, or investigating juvenile cases, including any | 19552 |
| magistrates whom the judge considers necessary for the discharge | 19553 |
| of the judge's various duties. | 19554 |
| The judge of the juvenile division also shall designate the | 19555 |
| title, compensation, expense allowances, hours, leaves of absence, | 19556 |
| and vacation of the personnel of the division and shall fix their | 19557 |
| duties. The duties of the personnel, in addition to other | 19558 |
| statutory duties, include the handling, servicing, and | 19559 |
| investigation of juvenile cases and providing any counseling, | 19560 |
| conciliation, and mediation services that the court makes | 19561 |
| available to persons, whether or not the persons are parties to an | 19562 |
| action pending in the court, who request the services. | 19563 |
| (H) In Stark county, the judges of the court of common pleas | 19564 |
| whose terms begin on January 1, 1953, January 2, 1959, and January | 19565 |
| 1, 1993, and successors, shall have the same qualifications, | 19566 |
| exercise the same powers and jurisdiction, and receive the same | 19567 |
| compensation as other judges of the court of common pleas of Stark | 19568 |
| county and shall be elected and designated as judges of the court | 19569 |
| of common pleas, division of domestic relations. They shall have | 19570 |
| all the powers relating to juvenile courts, and all cases under | 19571 |
| Chapters 2151. and 2152. of the Revised Code, all parentage | 19572 |
| proceedings over which the juvenile court has jurisdiction, and | 19573 |
| all divorce, dissolution of marriage, legal separation, and | 19574 |
| annulment cases, except cases that are assigned to some other | 19575 |
| judge of the court of common pleas for some special reason, shall | 19576 |
| be assigned to the judges. | 19577 |
| The judge of the division of domestic relations, second most | 19578 |
| senior in point of service, shall have charge of the employment | 19579 |
| and supervision of the personnel of the division engaged in | 19580 |
| handling, servicing, or investigating divorce, dissolution of | 19581 |
| marriage, legal separation, and annulment cases, and necessary | 19582 |
| referees required for the judge's respective court. | 19583 |
| The judge of the division of domestic relations, senior in | 19584 |
| point of service, shall be charged exclusively with the | 19585 |
| administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 | 19586 |
| of the Revised Code and with the assignment and division of the | 19587 |
| work of the division and the employment and supervision of all | 19588 |
| other personnel of the division, including, but not limited to, | 19589 |
| that judge's necessary referees, but excepting those employees who | 19590 |
| may be appointed by the judge second most senior in point of | 19591 |
| service. The senior judge further shall serve in every other | 19592 |
| position in which the statutes permit or require a juvenile judge | 19593 |
| to serve. | 19594 |
| (I) In Summit county: | 19595 |
| (1) The judges of the court of common pleas whose terms begin | 19596 |
| on January 4, 1967, and January 6, 1993, and successors, shall | 19597 |
| have the same qualifications, exercise the same powers and | 19598 |
| jurisdiction, and receive the same compensation as other judges of | 19599 |
| the court of common pleas of Summit county and shall be elected | 19600 |
| and designated as judges of the court of common pleas, division of | 19601 |
| domestic relations. The judges of the division of domestic | 19602 |
| relations shall have assigned to them and hear all divorce, | 19603 |
| dissolution of marriage, legal separation, and annulment cases | 19604 |
| that come before the court. Except in cases that are subject to | 19605 |
| the exclusive original jurisdiction of the juvenile court, the | 19606 |
| judges of the division of domestic relations shall have assigned | 19607 |
| to them and hear all cases pertaining to paternity, custody, | 19608 |
| visitation, child support, or the allocation of parental rights | 19609 |
| and responsibilities for the care of children and all post-decree | 19610 |
| proceedings arising from any case pertaining to any of those | 19611 |
| matters. The judges of the division of domestic relations shall | 19612 |
| have assigned to them and hear all proceedings under the uniform | 19613 |
| interstate family support act contained in Chapter 3115. of the | 19614 |
| Revised Code. | 19615 |
| The judge of the division of domestic relations, senior in | 19616 |
| point of service, shall be the administrator of the domestic | 19617 |
| relations division and its subdivisions and departments and shall | 19618 |
| have charge of the employment, assignment, and supervision of the | 19619 |
| personnel of the division, including any necessary referees, who | 19620 |
| are engaged in handling, servicing, or investigating divorce, | 19621 |
| dissolution of marriage, legal separation, and annulment cases. | 19622 |
| That judge also shall designate the title, compensation, expense | 19623 |
| allowances, hours, leaves of absence, and vacations of the | 19624 |
| personnel of the division and shall fix their duties. The duties | 19625 |
| of the personnel, in addition to other statutory duties, shall | 19626 |
| include the handling, servicing, and investigation of divorce, | 19627 |
| dissolution of marriage, legal separation, and annulment cases and | 19628 |
| of any counseling and conciliation services that are available | 19629 |
| upon request to all persons, whether or not they are parties to an | 19630 |
| action pending in the division. | 19631 |
| (2) The judge of the court of common pleas whose term begins | 19632 |
| on January 1, 1955, and successors, shall have the same | 19633 |
| qualifications, exercise the same powers and jurisdiction, and | 19634 |
| receive the same compensation as other judges of the court of | 19635 |
| common pleas of Summit county, shall be elected and designated as | 19636 |
| judge of the court of common pleas, juvenile division, and shall | 19637 |
| be, and have the powers and jurisdiction of, the juvenile judge as | 19638 |
| provided in Chapters 2151. and 2152. of the Revised Code. Except | 19639 |
| in cases that are subject to the exclusive original jurisdiction | 19640 |
| of the juvenile court, the judge of the juvenile division shall | 19641 |
| not have jurisdiction or the power to hear, and shall not be | 19642 |
| assigned, any case pertaining to paternity, custody, visitation, | 19643 |
| child support, or the allocation of parental rights and | 19644 |
| responsibilities for the care of children or any post-decree | 19645 |
| proceeding arising from any case pertaining to any of those | 19646 |
| matters. The judge of the juvenile division shall not have | 19647 |
| jurisdiction or the power to hear, and shall not be assigned, any | 19648 |
| proceeding under the uniform interstate family support act | 19649 |
| contained in Chapter 3115. of the Revised Code. | 19650 |
| The juvenile judge shall be the administrator of the juvenile | 19651 |
| division and its subdivisions and departments and shall have | 19652 |
| charge of the employment, assignment, and supervision of the | 19653 |
| personnel of the juvenile division, including any necessary | 19654 |
| referees, who are engaged in handling, servicing, or investigating | 19655 |
| juvenile cases. The judge also shall designate the title, | 19656 |
| compensation, expense allowances, hours, leaves of absence, and | 19657 |
| vacation of the personnel of the division and shall fix their | 19658 |
| duties. The duties of the personnel, in addition to other | 19659 |
| statutory duties, shall include the handling, servicing, and | 19660 |
| investigation of juvenile cases and of any counseling and | 19661 |
| conciliation services that are available upon request to persons, | 19662 |
| whether or not they are parties to an action pending in the | 19663 |
| division. | 19664 |
| (J) In Trumbull county, the judges of the court of common | 19665 |
| pleas whose terms begin on January 1, 1953, and January 2, 1977, | 19666 |
| and successors, shall have the same qualifications, exercise the | 19667 |
| same powers and jurisdiction, and receive the same compensation as | 19668 |
| other judges of the court of common pleas of Trumbull county and | 19669 |
| shall be elected and designated as judges of the court of common | 19670 |
| pleas, division of domestic relations. They shall have all the | 19671 |
| powers relating to juvenile courts, and all cases under Chapters | 19672 |
| 2151. and 2152. of the Revised Code, all parentage proceedings | 19673 |
| over which the juvenile court has jurisdiction, and all divorce, | 19674 |
| dissolution of marriage, legal separation, and annulment cases | 19675 |
| shall be assigned to them, except cases that for some special | 19676 |
| reason are assigned to some other judge of the court of common | 19677 |
| pleas. | 19678 |
| (K) In Butler county: | 19679 |
| (1) The judges of the court of common pleas whose terms begin | 19680 |
| on January 1, 1957, and January 4, 1993, and successors, shall | 19681 |
| have the same qualifications, exercise the same powers and | 19682 |
| jurisdiction, and receive the same compensation as other judges of | 19683 |
| the court of common pleas of Butler county and shall be elected | 19684 |
| and designated as judges of the court of common pleas, division of | 19685 |
| domestic relations. The judges of the division of domestic | 19686 |
| relations shall have assigned to them all divorce, dissolution of | 19687 |
| marriage, legal separation, and annulment cases coming before the | 19688 |
| court, except in cases that for some special reason are assigned | 19689 |
| to some other judge of the court of common pleas. The judges of | 19690 |
| the division of domestic relations also have concurrent | 19691 |
| jurisdiction with judges of the juvenile division of the court of | 19692 |
| common pleas of Butler county with respect to and may hear cases | 19693 |
| to determine the custody, support, or custody and support of a | 19694 |
| child who is born of issue of a marriage and who is not the ward | 19695 |
| of another court of this state, cases commenced by a party of the | 19696 |
| marriage to obtain an order requiring support of any child when | 19697 |
| the request for that order is not ancillary to an action for | 19698 |
| divorce, dissolution of marriage, annulment, or legal separation, | 19699 |
| a criminal or civil action involving an allegation of domestic | 19700 |
| violence, an action for support under Chapter 3115. of the Revised | 19701 |
| Code, or an action that is within the exclusive original | 19702 |
| jurisdiction of the juvenile division of the court of common pleas | 19703 |
| of Butler county and that involves an allegation that the child is | 19704 |
| an abused, neglected, or dependent child, and post-decree | 19705 |
| proceedings and matters arising from those types of cases. The | 19706 |
| judge senior in point of service shall be charged with the | 19707 |
| assignment and division of the work of the division and with the | 19708 |
| employment and supervision of all other personnel of the domestic | 19709 |
| relations division. | 19710 |
| The judge senior in point of service also shall designate the | 19711 |
| title, compensation, expense allowances, hours, leaves of absence, | 19712 |
| and vacations of the personnel of the division and shall fix their | 19713 |
| duties. The duties of the personnel, in addition to other | 19714 |
| statutory duties, shall include the handling, servicing, and | 19715 |
| investigation of divorce, dissolution of marriage, legal | 19716 |
| separation, and annulment cases and providing any counseling and | 19717 |
| conciliation services that the division makes available to | 19718 |
| persons, whether or not the persons are parties to an action | 19719 |
| pending in the division, who request the services. | 19720 |
| (2) The judges of the court of common pleas whose terms begin | 19721 |
| on January 3, 1987, and January 2, 2003, and successors, shall | 19722 |
| have the same qualifications, exercise the same powers and | 19723 |
| jurisdiction, and receive the same compensation as other judges of | 19724 |
| the court of common pleas of Butler county, shall be elected and | 19725 |
| designated as judges of the court of common pleas, juvenile | 19726 |
| division, and shall be the juvenile judges as provided in Chapters | 19727 |
| 2151. and 2152. of the Revised Code, with the powers and | 19728 |
| jurisdictions conferred by those chapters. Except in cases that | 19729 |
| are subject to the exclusive original jurisdiction of the juvenile | 19730 |
| court, the judges of the juvenile division shall not have | 19731 |
| jurisdiction or the power to hear and shall not be assigned, but | 19732 |
| shall have the limited ability and authority to certify, any case | 19733 |
| commenced by a party of a marriage to determine the custody, | 19734 |
| support, or custody and support of a child who is born of issue of | 19735 |
| the marriage and who is not the ward of another court of this | 19736 |
| state when the request for the order in the case is not ancillary | 19737 |
| to an action for divorce, dissolution of marriage, annulment, or | 19738 |
| legal separation. The judge of the court of common pleas, juvenile | 19739 |
| division, who is senior in point of service, shall be the | 19740 |
| administrator of the juvenile division and its subdivisions and | 19741 |
| departments. The judge, senior in point of service, shall have | 19742 |
| charge of the employment, assignment, and supervision of the | 19743 |
| personnel of the juvenile division who are engaged in handling, | 19744 |
| servicing, or investigating juvenile cases, including any referees | 19745 |
| whom the judge considers necessary for the discharge of the | 19746 |
| judge's various duties. | 19747 |
| The judge, senior in point of service, also shall designate | 19748 |
| the title, compensation, expense allowances, hours, leaves of | 19749 |
| absence, and vacation of the personnel of the division and shall | 19750 |
| fix their duties. The duties of the personnel, in addition to | 19751 |
| other statutory duties, include the handling, servicing, and | 19752 |
| investigation of juvenile cases and providing any counseling and | 19753 |
| conciliation services that the division makes available to | 19754 |
| persons, whether or not the persons are parties to an action | 19755 |
| pending in the division, who request the services. | 19756 |
| (3) If a judge of the court of common pleas, division of | 19757 |
| domestic relations or juvenile division, is sick, absent, or | 19758 |
| unable to perform that judge's judicial duties or the volume of | 19759 |
| cases pending in the judge's division necessitates it, the duties | 19760 |
| of that judge shall be performed by the other judges of the | 19761 |
| domestic relations and juvenile divisions. | 19762 |
| (L)(1) In Cuyahoga county, the judges of the court of common | 19763 |
| pleas whose terms begin on January 8, 1961, January 9, 1961, | 19764 |
| January 18, 1975, January 19, 1975, and January 13, 1987, and | 19765 |
| successors, shall have the same qualifications, exercise the same | 19766 |
| powers and jurisdiction, and receive the same compensation as | 19767 |
| other judges of the court of common pleas of Cuyahoga county and | 19768 |
| shall be elected and designated as judges of the court of common | 19769 |
| pleas, division of domestic relations. They shall have all the | 19770 |
| powers relating to all divorce, dissolution of marriage, legal | 19771 |
| separation, and annulment cases, except in cases that are assigned | 19772 |
| to some other judge of the court of common pleas for some special | 19773 |
| reason. | 19774 |
| (2) The administrative judge is administrator of the domestic | 19775 |
| relations division and its subdivisions and departments and has | 19776 |
| the following powers concerning division personnel: | 19777 |
| (a) Full charge of the employment, assignment, and | 19778 |
| supervision; | 19779 |
| (b) Sole determination of compensation, duties, expenses, | 19780 |
| allowances, hours, leaves, and vacations. | 19781 |
| (3) "Division personnel" include persons employed or referees | 19782 |
| engaged in hearing, servicing, investigating, counseling, or | 19783 |
| conciliating divorce, dissolution of marriage, legal separation | 19784 |
| and annulment matters. | 19785 |
| (M) In Lake county: | 19786 |
| (1) The judge of the court of common pleas whose term begins | 19787 |
| on January 2, 1961, and successors, shall have the same | 19788 |
| qualifications, exercise the same powers and jurisdiction, and | 19789 |
| receive the same compensation as the other judges of the court of | 19790 |
| common pleas of Lake county and shall be elected and designated as | 19791 |
| judge of the court of common pleas, division of domestic | 19792 |
| relations. The judge shall be assigned all the divorce, | 19793 |
| dissolution of marriage, legal separation, and annulment cases | 19794 |
| coming before the court, except in cases that for some special | 19795 |
| reason are assigned to some other judge of the court of common | 19796 |
| pleas. The judge shall be charged with the assignment and division | 19797 |
| of the work of the division and with the employment and | 19798 |
| supervision of all other personnel of the domestic relations | 19799 |
| division. | 19800 |
| The judge also shall designate the title, compensation, | 19801 |
| expense allowances, hours, leaves of absence, and vacations of the | 19802 |
| personnel of the division and shall fix their duties. The duties | 19803 |
| of the personnel, in addition to other statutory duties, shall | 19804 |
| include the handling, servicing, and investigation of divorce, | 19805 |
| dissolution of marriage, legal separation, and annulment cases and | 19806 |
| providing any counseling and conciliation services that the | 19807 |
| division makes available to persons, whether or not the persons | 19808 |
| are parties to an action pending in the division, who request the | 19809 |
| services. | 19810 |
| (2) The judge of the court of common pleas whose term begins | 19811 |
| on January 4, 1979, and successors, shall have the same | 19812 |
| qualifications, exercise the same powers and jurisdiction, and | 19813 |
| receive the same compensation as other judges of the court of | 19814 |
| common pleas of Lake county, shall be elected and designated as | 19815 |
| judge of the court of common pleas, juvenile division, and shall | 19816 |
| be the juvenile judge as provided in Chapters 2151. and 2152. of | 19817 |
| the Revised Code, with the powers and jurisdictions conferred by | 19818 |
| those chapters. The judge of the court of common pleas, juvenile | 19819 |
| division, shall be the administrator of the juvenile division and | 19820 |
| its subdivisions and departments. The judge shall have charge of | 19821 |
| the employment, assignment, and supervision of the personnel of | 19822 |
| the juvenile division who are engaged in handling, servicing, or | 19823 |
| investigating juvenile cases, including any referees whom the | 19824 |
| judge considers necessary for the discharge of the judge's various | 19825 |
| duties. | 19826 |
| The judge also shall designate the title, compensation, | 19827 |
| expense allowances, hours, leaves of absence, and vacation of the | 19828 |
| personnel of the division and shall fix their duties. The duties | 19829 |
| of the personnel, in addition to other statutory duties, include | 19830 |
| the handling, servicing, and investigation of juvenile cases and | 19831 |
| providing any counseling and conciliation services that the | 19832 |
| division makes available to persons, whether or not the persons | 19833 |
| are parties to an action pending in the division, who request the | 19834 |
| services. | 19835 |
| (3) If a judge of the court of common pleas, division of | 19836 |
| domestic relations or juvenile division, is sick, absent, or | 19837 |
| unable to perform that judge's judicial duties or the volume of | 19838 |
| cases pending in the judge's division necessitates it, the duties | 19839 |
| of that judge shall be performed by the other judges of the | 19840 |
| domestic relations and juvenile divisions. | 19841 |
| (N) In Erie county: | 19842 |
| (1) The judge of the court of common pleas whose term begins | 19843 |
| on January 2, 1971, and the successors to that judge whose terms | 19844 |
| begin before January 2, 2007, shall have the same qualifications, | 19845 |
| exercise the same powers and jurisdiction, and receive the same | 19846 |
| compensation as the other judge of the court of common pleas of | 19847 |
| Erie county and shall be elected and designated as judge of the | 19848 |
| court of common pleas, division of domestic relations. The judge | 19849 |
| shall have all the powers relating to juvenile courts, and shall | 19850 |
| be assigned all cases under Chapters 2151. and 2152. of the | 19851 |
| Revised Code, parentage proceedings over which the juvenile court | 19852 |
| has jurisdiction, and divorce, dissolution of marriage, legal | 19853 |
| separation, and annulment cases, except cases that for some | 19854 |
| special reason are assigned to some other judge. | 19855 |
| On or after January 2, 2007, the judge of the court of common | 19856 |
| pleas who is elected in 2006 shall be the successor to the judge | 19857 |
| of the domestic relations division whose term expires on January | 19858 |
| 1, 2007, shall be designated as judge of the court of common | 19859 |
| pleas, juvenile division, and shall be the juvenile judge as | 19860 |
| provided in Chapters 2151. and 2152. of the Revised Code with the | 19861 |
| powers and jurisdictions conferred by those chapters. | 19862 |
| (2) The judge of the court of common pleas, general division, | 19863 |
| whose term begins on January 1, 2005, and successors, the judge of | 19864 |
| the court of common pleas, general division whose term begins on | 19865 |
| January 2, 2005, and successors, and the judge of the court of | 19866 |
| common pleas, general division, whose term begins February 9, | 19867 |
| 2009, and successors, shall have assigned to them, in addition to | 19868 |
| all matters that are within the jurisdiction of the general | 19869 |
| division of the court of common pleas, all divorce, dissolution of | 19870 |
| marriage, legal separation, and annulment cases coming before the | 19871 |
| court, and all matters that are within the jurisdiction of the | 19872 |
| probate court under Chapter 2101., and other provisions, of the | 19873 |
| Revised Code. | 19874 |
| (O) In Greene county: | 19875 |
| (1) The judge of the court of common pleas whose term begins | 19876 |
| on January 1, 1961, and successors, shall have the same | 19877 |
| qualifications, exercise the same powers and jurisdiction, and | 19878 |
| receive the same compensation as the other judges of the court of | 19879 |
| common pleas of Greene county and shall be elected and designated | 19880 |
| as the judge of the court of common pleas, division of domestic | 19881 |
| relations. The judge shall be assigned all divorce, dissolution of | 19882 |
| marriage, legal separation, annulment, uniform reciprocal support | 19883 |
| enforcement, and domestic violence cases and all other cases | 19884 |
| related to domestic relations, except cases that for some special | 19885 |
| reason are assigned to some other judge of the court of common | 19886 |
| pleas. | 19887 |
| The judge shall be charged with the assignment and division | 19888 |
| of the work of the division and with the employment and | 19889 |
| supervision of all other personnel of the division. The judge also | 19890 |
| shall designate the title, compensation, hours, leaves of absence, | 19891 |
| and vacations of the personnel of the division and shall fix their | 19892 |
| duties. The duties of the personnel of the division, in addition | 19893 |
| to other statutory duties, shall include the handling, servicing, | 19894 |
| and investigation of divorce, dissolution of marriage, legal | 19895 |
| separation, and annulment cases and the provision of counseling | 19896 |
| and conciliation services that the division considers necessary | 19897 |
| and makes available to persons who request the services, whether | 19898 |
| or not the persons are parties in an action pending in the | 19899 |
| division. The compensation for the personnel shall be paid from | 19900 |
| the overall court budget and shall be included in the | 19901 |
| appropriations for the existing judges of the general division of | 19902 |
| the court of common pleas. | 19903 |
| (2) The judge of the court of common pleas whose term begins | 19904 |
| on January 1, 1995, and successors, shall have the same | 19905 |
| qualifications, exercise the same powers and jurisdiction, and | 19906 |
| receive the same compensation as the other judges of the court of | 19907 |
| common pleas of Greene county, shall be elected and designated as | 19908 |
| judge of the court of common pleas, juvenile division, and, on or | 19909 |
| after January 1, 1995, shall be the juvenile judge as provided in | 19910 |
| Chapters 2151. and 2152. of the Revised Code with the powers and | 19911 |
| jurisdiction conferred by those chapters. The judge of the court | 19912 |
| of common pleas, juvenile division, shall be the administrator of | 19913 |
| the juvenile division and its subdivisions and departments. The | 19914 |
| judge shall have charge of the employment, assignment, and | 19915 |
| supervision of the personnel of the juvenile division who are | 19916 |
| engaged in handling, servicing, or investigating juvenile cases, | 19917 |
| including any referees whom the judge considers necessary for the | 19918 |
| discharge of the judge's various duties. | 19919 |
| The judge also shall designate the title, compensation, | 19920 |
| expense allowances, hours, leaves of absence, and vacation of the | 19921 |
| personnel of the division and shall fix their duties. The duties | 19922 |
| of the personnel, in addition to other statutory duties, include | 19923 |
| the handling, servicing, and investigation of juvenile cases and | 19924 |
| providing any counseling and conciliation services that the court | 19925 |
| makes available to persons, whether or not the persons are parties | 19926 |
| to an action pending in the court, who request the services. | 19927 |
| (3) If one of the judges of the court of common pleas, | 19928 |
| general division, is sick, absent, or unable to perform that | 19929 |
| judge's judicial duties or the volume of cases pending in the | 19930 |
| general division necessitates it, the duties of that judge of the | 19931 |
| general division shall be performed by the judge of the division | 19932 |
| of domestic relations and the judge of the juvenile division. | 19933 |
| (P) In Portage county, the judge of the court of common | 19934 |
| pleas, whose term begins January 2, 1987, and successors, shall | 19935 |
| have the same qualifications, exercise the same powers and | 19936 |
| jurisdiction, and receive the same compensation as the other | 19937 |
| judges of the court of common pleas of Portage county and shall be | 19938 |
| elected and designated as judge of the court of common pleas, | 19939 |
| division of domestic relations. The judge shall be assigned all | 19940 |
| divorce, dissolution of marriage, legal separation, and annulment | 19941 |
| cases coming before the court, except in cases that for some | 19942 |
| special reason are assigned to some other judge of the court of | 19943 |
| common pleas. The judge shall be charged with the assignment and | 19944 |
| division of the work of the division and with the employment and | 19945 |
| supervision of all other personnel of the domestic relations | 19946 |
| division. | 19947 |
| The judge also shall designate the title, compensation, | 19948 |
| expense allowances, hours, leaves of absence, and vacations of the | 19949 |
| personnel of the division and shall fix their duties. The duties | 19950 |
| of the personnel, in addition to other statutory duties, shall | 19951 |
| include the handling, servicing, and investigation of divorce, | 19952 |
| dissolution of marriage, legal separation, and annulment cases and | 19953 |
| providing any counseling and conciliation services that the | 19954 |
| division makes available to persons, whether or not the persons | 19955 |
| are parties to an action pending in the division, who request the | 19956 |
| services. | 19957 |
| (Q) In Clermont county, the judge of the court of common | 19958 |
| pleas, whose term begins January 2, 1987, and successors, shall | 19959 |
| have the same qualifications, exercise the same powers and | 19960 |
| jurisdiction, and receive the same compensation as the other | 19961 |
| judges of the court of common pleas of Clermont county and shall | 19962 |
| be elected and designated as judge of the court of common pleas, | 19963 |
| division of domestic relations. The judge shall be assigned all | 19964 |
| divorce, dissolution of marriage, legal separation, and annulment | 19965 |
| cases coming before the court, except in cases that for some | 19966 |
| special reason are assigned to some other judge of the court of | 19967 |
| common pleas. The judge shall be charged with the assignment and | 19968 |
| division of the work of the division and with the employment and | 19969 |
| supervision of all other personnel of the domestic relations | 19970 |
| division. | 19971 |
| The judge also shall designate the title, compensation, | 19972 |
| expense allowances, hours, leaves of absence, and vacations of the | 19973 |
| personnel of the division and shall fix their duties. The duties | 19974 |
| of the personnel, in addition to other statutory duties, shall | 19975 |
| include the handling, servicing, and investigation of divorce, | 19976 |
| dissolution of marriage, legal separation, and annulment cases and | 19977 |
| providing any counseling and conciliation services that the | 19978 |
| division makes available to persons, whether or not the persons | 19979 |
| are parties to an action pending in the division, who request the | 19980 |
| services. | 19981 |
| (R) In Warren county, the judge of the court of common pleas, | 19982 |
| whose term begins January 1, 1987, and successors, shall have the | 19983 |
| same qualifications, exercise the same powers and jurisdiction, | 19984 |
| and receive the same compensation as the other judges of the court | 19985 |
| of common pleas of Warren county and shall be elected and | 19986 |
| designated as judge of the court of common pleas, division of | 19987 |
| domestic relations. The judge shall be assigned all divorce, | 19988 |
| dissolution of marriage, legal separation, and annulment cases | 19989 |
| coming before the court, except in cases that for some special | 19990 |
| reason are assigned to some other judge of the court of common | 19991 |
| pleas. The judge shall be charged with the assignment and division | 19992 |
| of the work of the division and with the employment and | 19993 |
| supervision of all other personnel of the domestic relations | 19994 |
| division. | 19995 |
| The judge also shall designate the title, compensation, | 19996 |
| expense allowances, hours, leaves of absence, and vacations of the | 19997 |
| personnel of the division and shall fix their duties. The duties | 19998 |
| of the personnel, in addition to other statutory duties, shall | 19999 |
| include the handling, servicing, and investigation of divorce, | 20000 |
| dissolution of marriage, legal separation, and annulment cases and | 20001 |
| providing any counseling and conciliation services that the | 20002 |
| division makes available to persons, whether or not the persons | 20003 |
| are parties to an action pending in the division, who request the | 20004 |
| services. | 20005 |
| (S) In Licking county, the judges of the court of common | 20006 |
| pleas, whose terms begin on January 1, 1991, and January 1, 2005, | 20007 |
| and successors, shall have the same qualifications, exercise the | 20008 |
| same powers and jurisdiction, and receive the same compensation as | 20009 |
| the other judges of the court of common pleas of Licking county | 20010 |
| and shall be elected and designated as judges of the court of | 20011 |
| common pleas, division of domestic relations. The judges shall be | 20012 |
| assigned all divorce, dissolution of marriage, legal separation, | 20013 |
| and annulment cases, all cases arising under Chapter 3111. of the | 20014 |
| Revised Code, all proceedings involving child support, the | 20015 |
| allocation of parental rights and responsibilities for the care of | 20016 |
| children and the designation for the children of a place of | 20017 |
| residence and legal custodian, parenting time, and visitation, and | 20018 |
| all post-decree proceedings and matters arising from those cases | 20019 |
| and proceedings, except in cases that for some special reason are | 20020 |
| assigned to another judge of the court of common pleas. The | 20021 |
| administrative judge of the division of domestic relations shall | 20022 |
| be charged with the assignment and division of the work of the | 20023 |
| division and with the employment and supervision of the personnel | 20024 |
| of the division. | 20025 |
| The administrative judge of the division of domestic | 20026 |
| relations shall designate the title, compensation, expense | 20027 |
| allowances, hours, leaves of absence, and vacations of the | 20028 |
| personnel of the division and shall fix the duties of the | 20029 |
| personnel of the division. The duties of the personnel of the | 20030 |
| division, in addition to other statutory duties, shall include the | 20031 |
| handling, servicing, and investigation of divorce, dissolution of | 20032 |
| marriage, legal separation, and annulment cases, cases arising | 20033 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 20034 |
| child support, the allocation of parental rights and | 20035 |
| responsibilities for the care of children and the designation for | 20036 |
| the children of a place of residence and legal custodian, | 20037 |
| parenting time, and visitation and providing any counseling and | 20038 |
| conciliation services that the division makes available to | 20039 |
| persons, whether or not the persons are parties to an action | 20040 |
| pending in the division, who request the services. | 20041 |
| (T) In Allen county, the judge of the court of common pleas, | 20042 |
| whose term begins January 1, 1993, and successors, shall have the | 20043 |
| same qualifications, exercise the same powers and jurisdiction, | 20044 |
| and receive the same compensation as the other judges of the court | 20045 |
| of common pleas of Allen county and shall be elected and | 20046 |
| designated as judge of the court of common pleas, division of | 20047 |
| domestic relations. The judge shall be assigned all divorce, | 20048 |
| dissolution of marriage, legal separation, and annulment cases, | 20049 |
| all cases arising under Chapter 3111. of the Revised Code, all | 20050 |
| proceedings involving child support, the allocation of parental | 20051 |
| rights and responsibilities for the care of children and the | 20052 |
| designation for the children of a place of residence and legal | 20053 |
| custodian, parenting time, and visitation, and all post-decree | 20054 |
| proceedings and matters arising from those cases and proceedings, | 20055 |
| except in cases that for some special reason are assigned to | 20056 |
| another judge of the court of common pleas. The judge shall be | 20057 |
| charged with the assignment and division of the work of the | 20058 |
| division and with the employment and supervision of the personnel | 20059 |
| of the division. | 20060 |
| The judge shall designate the title, compensation, expense | 20061 |
| allowances, hours, leaves of absence, and vacations of the | 20062 |
| personnel of the division and shall fix the duties of the | 20063 |
| personnel of the division. The duties of the personnel of the | 20064 |
| division, in addition to other statutory duties, shall include the | 20065 |
| handling, servicing, and investigation of divorce, dissolution of | 20066 |
| marriage, legal separation, and annulment cases, cases arising | 20067 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 20068 |
| child support, the allocation of parental rights and | 20069 |
| responsibilities for the care of children and the designation for | 20070 |
| the children of a place of residence and legal custodian, | 20071 |
| parenting time, and visitation, and providing any counseling and | 20072 |
| conciliation services that the division makes available to | 20073 |
| persons, whether or not the persons are parties to an action | 20074 |
| pending in the division, who request the services. | 20075 |
| (U) In Medina county, the judge of the court of common pleas | 20076 |
| whose term begins January 1, 1995, and successors, shall have the | 20077 |
| same qualifications, exercise the same powers and jurisdiction, | 20078 |
| and receive the same compensation as other judges of the court of | 20079 |
| common pleas of Medina county and shall be elected and designated | 20080 |
| as judge of the court of common pleas, division of domestic | 20081 |
| relations. The judge shall be assigned all divorce, dissolution of | 20082 |
| marriage, legal separation, and annulment cases, all cases arising | 20083 |
| under Chapter 3111. of the Revised Code, all proceedings involving | 20084 |
| child support, the allocation of parental rights and | 20085 |
| responsibilities for the care of children and the designation for | 20086 |
| the children of a place of residence and legal custodian, | 20087 |
| parenting time, and visitation, and all post-decree proceedings | 20088 |
| and matters arising from those cases and proceedings, except in | 20089 |
| cases that for some special reason are assigned to another judge | 20090 |
| of the court of common pleas. The judge shall be charged with the | 20091 |
| assignment and division of the work of the division and with the | 20092 |
| employment and supervision of the personnel of the division. | 20093 |
| The judge shall designate the title, compensation, expense | 20094 |
| allowances, hours, leaves of absence, and vacations of the | 20095 |
| personnel of the division and shall fix the duties of the | 20096 |
| personnel of the division. The duties of the personnel, in | 20097 |
| addition to other statutory duties, include the handling, | 20098 |
| servicing, and investigation of divorce, dissolution of marriage, | 20099 |
| legal separation, and annulment cases, cases arising under Chapter | 20100 |
| 3111. of the Revised Code, and proceedings involving child | 20101 |
| support, the allocation of parental rights and responsibilities | 20102 |
| for the care of children and the designation for the children of a | 20103 |
| place of residence and legal custodian, parenting time, and | 20104 |
| visitation, and providing counseling and conciliation services | 20105 |
| that the division makes available to persons, whether or not the | 20106 |
| persons are parties to an action pending in the division, who | 20107 |
| request the services. | 20108 |
| (V) In Fairfield county, the judge of the court of common | 20109 |
| pleas whose term begins January 2, 1995, and successors, shall | 20110 |
| have the same qualifications, exercise the same powers and | 20111 |
| jurisdiction, and receive the same compensation as the other | 20112 |
| judges of the court of common pleas of Fairfield county and shall | 20113 |
| be elected and designated as judge of the court of common pleas, | 20114 |
| division of domestic relations. The judge shall be assigned all | 20115 |
| divorce, dissolution of marriage, legal separation, and annulment | 20116 |
| cases, all cases arising under Chapter 3111. of the Revised Code, | 20117 |
| all proceedings involving child support, the allocation of | 20118 |
| parental rights and responsibilities for the care of children and | 20119 |
| the designation for the children of a place of residence and legal | 20120 |
| custodian, parenting time, and visitation, and all post-decree | 20121 |
| proceedings and matters arising from those cases and proceedings, | 20122 |
| except in cases that for some special reason are assigned to | 20123 |
| another judge of the court of common pleas. The judge also has | 20124 |
| concurrent jurisdiction with the probate-juvenile division of the | 20125 |
| court of common pleas of Fairfield county with respect to and may | 20126 |
| hear cases to determine the custody of a child, as defined in | 20127 |
| section 2151.011 of the Revised Code, who is not the ward of | 20128 |
| another court of this state, cases that are commenced by a parent, | 20129 |
| guardian, or custodian of a child, as defined in section 2151.011 | 20130 |
| of the Revised Code, to obtain an order requiring a parent of the | 20131 |
| child to pay child support for that child when the request for | 20132 |
| that order is not ancillary to an action for divorce, dissolution | 20133 |
| of marriage, annulment, or legal separation, a criminal or civil | 20134 |
| action involving an allegation of domestic violence, an action for | 20135 |
| support under Chapter 3115. of the Revised Code, or an action that | 20136 |
| is within the exclusive original jurisdiction of the | 20137 |
| probate-juvenile division of the court of common pleas of | 20138 |
| Fairfield county and that involves an allegation that the child is | 20139 |
| an abused, neglected, or dependent child, and post-decree | 20140 |
| proceedings and matters arising from those types of cases. | 20141 |
| The judge of the domestic relations division shall be charged | 20142 |
| with the assignment and division of the work of the division and | 20143 |
| with the employment and supervision of the personnel of the | 20144 |
| division. | 20145 |
| The judge shall designate the title, compensation, expense | 20146 |
| allowances, hours, leaves of absence, and vacations of the | 20147 |
| personnel of the division and shall fix the duties of the | 20148 |
| personnel of the division. The duties of the personnel of the | 20149 |
| division, in addition to other statutory duties, shall include the | 20150 |
| handling, servicing, and investigation of divorce, dissolution of | 20151 |
| marriage, legal separation, and annulment cases, cases arising | 20152 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 20153 |
| child support, the allocation of parental rights and | 20154 |
| responsibilities for the care of children and the designation for | 20155 |
| the children of a place of residence and legal custodian, | 20156 |
| parenting time, and visitation, and providing any counseling and | 20157 |
| conciliation services that the division makes available to | 20158 |
| persons, regardless of whether the persons are parties to an | 20159 |
| action pending in the division, who request the services. When the | 20160 |
| judge hears a case to determine the custody of a child, as defined | 20161 |
| in section 2151.011 of the Revised Code, who is not the ward of | 20162 |
| another court of this state or a case that is commenced by a | 20163 |
| parent, guardian, or custodian of a child, as defined in section | 20164 |
| 2151.011 of the Revised Code, to obtain an order requiring a | 20165 |
| parent of the child to pay child support for that child when the | 20166 |
| request for that order is not ancillary to an action for divorce, | 20167 |
| dissolution of marriage, annulment, or legal separation, a | 20168 |
| criminal or civil action involving an allegation of domestic | 20169 |
| violence, an action for support under Chapter 3115. of the Revised | 20170 |
| Code, or an action that is within the exclusive original | 20171 |
| jurisdiction of the probate-juvenile division of the court of | 20172 |
| common pleas of Fairfield county and that involves an allegation | 20173 |
| that the child is an abused, neglected, or dependent child, the | 20174 |
| duties of the personnel of the domestic relations division also | 20175 |
| include the handling, servicing, and investigation of those types | 20176 |
| of cases. | 20177 |
| (W)(1) In Clark county, the judge of the court of common | 20178 |
| pleas whose term begins on January 2, 1995, and successors, shall | 20179 |
| have the same qualifications, exercise the same powers and | 20180 |
| jurisdiction, and receive the same compensation as other judges of | 20181 |
| the court of common pleas of Clark county and shall be elected and | 20182 |
| designated as judge of the court of common pleas, domestic | 20183 |
| relations division. The judge shall have all the powers relating | 20184 |
| to juvenile courts, and all cases under Chapters 2151. and 2152. | 20185 |
| of the Revised Code and all parentage proceedings under Chapter | 20186 |
| 3111. of the Revised Code over which the juvenile court has | 20187 |
| jurisdiction shall be assigned to the judge of the division of | 20188 |
| domestic relations. All divorce, dissolution of marriage, legal | 20189 |
| separation, annulment, uniform reciprocal support enforcement, and | 20190 |
| other cases related to domestic relations shall be assigned to the | 20191 |
| domestic relations division, and the presiding judge of the court | 20192 |
| of common pleas shall assign the cases to the judge of the | 20193 |
| domestic relations division and the judges of the general | 20194 |
| division. | 20195 |
| (2) In addition to the judge's regular duties, the judge of | 20196 |
| the division of domestic relations shall serve on the children | 20197 |
| services board and the county advisory board. | 20198 |
| (3) If the judge of the court of common pleas of Clark | 20199 |
| county, division of domestic relations, is sick, absent, or unable | 20200 |
| to perform that judge's judicial duties or if the presiding judge | 20201 |
| of the court of common pleas of Clark county determines that the | 20202 |
| volume of cases pending in the division of domestic relations | 20203 |
| necessitates it, the duties of the judge of the division of | 20204 |
| domestic relations shall be performed by the judges of the general | 20205 |
| division or probate division of the court of common pleas of Clark | 20206 |
| county, as assigned for that purpose by the presiding judge of | 20207 |
| that court, and the judges so assigned shall act in conjunction | 20208 |
| with the judge of the division of domestic relations of that | 20209 |
| court. | 20210 |
| (X) In Scioto county, the judge of the court of common pleas | 20211 |
| whose term begins January 2, 1995, and successors, shall have the | 20212 |
| same qualifications, exercise the same powers and jurisdiction, | 20213 |
| and receive the same compensation as other judges of the court of | 20214 |
| common pleas of Scioto county and shall be elected and designated | 20215 |
| as judge of the court of common pleas, division of domestic | 20216 |
| relations. The judge shall be assigned all divorce, dissolution of | 20217 |
| marriage, legal separation, and annulment cases, all cases arising | 20218 |
| under Chapter 3111. of the Revised Code, all proceedings involving | 20219 |
| child support, the allocation of parental rights and | 20220 |
| responsibilities for the care of children and the designation for | 20221 |
| the children of a place of residence and legal custodian, | 20222 |
| parenting time, visitation, and all post-decree proceedings and | 20223 |
| matters arising from those cases and proceedings, except in cases | 20224 |
| that for some special reason are assigned to another judge of the | 20225 |
| court of common pleas. The judge shall be charged with the | 20226 |
| assignment and division of the work of the division and with the | 20227 |
| employment and supervision of the personnel of the division. | 20228 |
| The judge shall designate the title, compensation, expense | 20229 |
| allowances, hours, leaves of absence, and vacations of the | 20230 |
| personnel of the division and shall fix the duties of the | 20231 |
| personnel of the division. The duties of the personnel, in | 20232 |
| addition to other statutory duties, include the handling, | 20233 |
| servicing, and investigation of divorce, dissolution of marriage, | 20234 |
| legal separation, and annulment cases, cases arising under Chapter | 20235 |
| 3111. of the Revised Code, and proceedings involving child | 20236 |
| support, the allocation of parental rights and responsibilities | 20237 |
| for the care of children and the designation for the children of a | 20238 |
| place of residence and legal custodian, parenting time, and | 20239 |
| visitation, and providing counseling and conciliation services | 20240 |
| that the division makes available to persons, whether or not the | 20241 |
| persons are parties to an action pending in the division, who | 20242 |
| request the services. | 20243 |
| (Y) In Auglaize county, the judge of the probate and juvenile | 20244 |
| divisions of the Auglaize county court of common pleas also shall | 20245 |
| be the administrative judge of the domestic relations division of | 20246 |
| the court and shall be assigned all divorce, dissolution of | 20247 |
| marriage, legal separation, and annulment cases coming before the | 20248 |
| court. The judge shall have all powers as administrator of the | 20249 |
| domestic relations division and shall have charge of the personnel | 20250 |
| engaged in handling, servicing, or investigating divorce, | 20251 |
| dissolution of marriage, legal separation, and annulment cases, | 20252 |
| including any referees considered necessary for the discharge of | 20253 |
| the judge's various duties. | 20254 |
| (Z)(1) In Marion county, the judge of the court of common | 20255 |
| pleas whose term begins on February 9, 1999, and the successors to | 20256 |
| that judge, shall have the same qualifications, exercise the same | 20257 |
| powers and jurisdiction, and receive the same compensation as the | 20258 |
| other judges of the court of common pleas of Marion county and | 20259 |
| shall be elected and designated as judge of the court of common | 20260 |
| pleas, domestic relations-juvenile-probate division. Except as | 20261 |
| otherwise specified in this division, that judge, and the | 20262 |
| successors to that judge, shall have all the powers relating to | 20263 |
| juvenile courts, and all cases under Chapters 2151. and 2152. of | 20264 |
| the Revised Code, all cases arising under Chapter 3111. of the | 20265 |
| Revised Code, all divorce, dissolution of marriage, legal | 20266 |
| separation, and annulment cases, all proceedings involving child | 20267 |
| support, the allocation of parental rights and responsibilities | 20268 |
| for the care of children and the designation for the children of a | 20269 |
| place of residence and legal custodian, parenting time, and | 20270 |
| visitation, and all post-decree proceedings and matters arising | 20271 |
| from those cases and proceedings shall be assigned to that judge | 20272 |
| and the successors to that judge. Except as provided in division | 20273 |
| (Z)(2) of this section and notwithstanding any other provision of | 20274 |
| any section of the Revised Code, on and after February 9, 2003, | 20275 |
| the judge of the court of common pleas of Marion county whose term | 20276 |
| begins on February 9, 1999, and the successors to that judge, | 20277 |
| shall have all the powers relating to the probate division of the | 20278 |
| court of common pleas of Marion county in addition to the powers | 20279 |
| previously specified in this division, and shall exercise | 20280 |
| concurrent jurisdiction with the judge of the probate division of | 20281 |
| that court over all matters that are within the jurisdiction of | 20282 |
| the probate division of that court under Chapter 2101., and other | 20283 |
| provisions, of the Revised Code in addition to the jurisdiction of | 20284 |
| the domestic relations-juvenile-probate division of that court | 20285 |
| otherwise specified in division (Z)(1) of this section. | 20286 |
| (2) The judge of the domestic relations-juvenile-probate | 20287 |
| division of the court of common pleas of Marion county or the | 20288 |
| judge of the probate division of the court of common pleas of | 20289 |
| Marion county, whichever of those judges is senior in total length | 20290 |
| of service on the court of common pleas of Marion county, | 20291 |
| regardless of the division or divisions of service, shall serve as | 20292 |
| the clerk of the probate division of the court of common pleas of | 20293 |
| Marion county. | 20294 |
| (3) On and after February 9, 2003, all references in law to | 20295 |
| "the probate court," "the probate judge," "the juvenile court," or | 20296 |
| "the judge of the juvenile court" shall be construed, with respect | 20297 |
| to Marion county, as being references to both "the probate | 20298 |
| division" and "the domestic relations-juvenile-probate division" | 20299 |
| and as being references to both "the judge of the probate | 20300 |
| division" and "the judge of the domestic relations- | 20301 |
| juvenile-probate division." On and after February 9, 2003, all | 20302 |
| references in law to "the clerk of the probate court" shall be | 20303 |
| construed, with respect to Marion county, as being references to | 20304 |
| the judge who is serving pursuant to division (Z)(2) of this | 20305 |
| section as the clerk of the probate division of the court of | 20306 |
| common pleas of Marion county. | 20307 |
| (AA) In Muskingum county, the judge of the court of common | 20308 |
| pleas whose term begins on January 2, 2003, and successors, shall | 20309 |
| have the same qualifications, exercise the same powers and | 20310 |
| jurisdiction, and receive the same compensation as the other | 20311 |
| judges of the court of common pleas of Muskingum county and shall | 20312 |
| be elected and designated as the judge of the court of common | 20313 |
| pleas, division of domestic relations. The judge shall be assigned | 20314 |
| all divorce, dissolution of marriage, legal separation, and | 20315 |
| annulment cases, all cases arising under Chapter 3111. of the | 20316 |
| Revised Code, all proceedings involving child support, the | 20317 |
| allocation of parental rights and responsibilities for the care of | 20318 |
| children and the designation for the children of a place of | 20319 |
| residence and legal custodian, parenting time, and visitation, and | 20320 |
| all post-decree proceedings and matters arising from those cases | 20321 |
| and proceedings, except in cases that for some special reason are | 20322 |
| assigned to another judge of the court of common pleas. The judge | 20323 |
| shall be charged with the assignment and division of the work of | 20324 |
| the division and with the employment and supervision of the | 20325 |
| personnel of the division. | 20326 |
| The judge shall designate the title, compensation, expense | 20327 |
| allowances, hours, leaves of absence, and vacations of the | 20328 |
| personnel of the division and shall fix the duties of the | 20329 |
| personnel of the division. The duties of the personnel of the | 20330 |
| division, in addition to other statutory duties, shall include the | 20331 |
| handling, servicing, and investigation of divorce, dissolution of | 20332 |
| marriage, legal separation, and annulment cases, cases arising | 20333 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 20334 |
| child support, the allocation of parental rights and | 20335 |
| responsibilities for the care of children and the designation for | 20336 |
| the children of a place of residence and legal custodian, | 20337 |
| parenting time, and visitation and providing any counseling and | 20338 |
| conciliation services that the division makes available to | 20339 |
| persons, whether or not the persons are parties to an action | 20340 |
| pending in the division, who request the services. | 20341 |
| (BB) In Henry county, the judge of the court of common pleas | 20342 |
| whose term begins on January 1, 2005, and successors, shall have | 20343 |
| the same qualifications, exercise the same powers and | 20344 |
| jurisdiction, and receive the same compensation as the other judge | 20345 |
| of the court of common pleas of Henry county and shall be elected | 20346 |
| and designated as the judge of the court of common pleas, division | 20347 |
| of domestic relations. The judge shall have all of the powers | 20348 |
| relating to juvenile courts, and all cases under Chapter 2151. or | 20349 |
| 2152. of the Revised Code, all parentage proceedings arising under | 20350 |
| Chapter 3111. of the Revised Code over which the juvenile court | 20351 |
| has jurisdiction, all divorce, dissolution of marriage, legal | 20352 |
| separation, and annulment cases, all proceedings involving child | 20353 |
| support, the allocation of parental rights and responsibilities | 20354 |
| for the care of children and the designation for the children of a | 20355 |
| place of residence and legal custodian, parenting time, and | 20356 |
| visitation, and all post-decree proceedings and matters arising | 20357 |
| from those cases and proceedings shall be assigned to that judge, | 20358 |
| except in cases that for some special reason are assigned to the | 20359 |
| other judge of the court of common pleas. | 20360 |
| (CC)(1) In Logan county, the judge of the court of common | 20361 |
| pleas whose term begins January 2, 2005, and the successors to | 20362 |
| that judge, shall have the same qualifications, exercise the same | 20363 |
| powers and jurisdiction, and receive the same compensation as the | 20364 |
| other judges of the court of common pleas of Logan county and | 20365 |
| shall be elected and designated as judge of the court of common | 20366 |
| pleas, domestic relations-juvenile-probate division. Except as | 20367 |
| otherwise specified in this division, that judge, and the | 20368 |
| successors to that judge, shall have all the powers relating to | 20369 |
| juvenile courts, and all cases under Chapters 2151. and 2152. of | 20370 |
| the Revised Code, all cases arising under Chapter 3111. of the | 20371 |
| Revised Code, all divorce, dissolution of marriage, legal | 20372 |
| separation, and annulment cases, all proceedings involving child | 20373 |
| support, the allocation of parental rights and responsibilities | 20374 |
| for the care of children and designation for the children of a | 20375 |
| place of residence and legal custodian, parenting time, and | 20376 |
| visitation, and all post-decree proceedings and matters arising | 20377 |
| from those cases and proceedings shall be assigned to that judge | 20378 |
| and the successors to that judge. Notwithstanding any other | 20379 |
| provision of any section of the Revised Code, on and after January | 20380 |
| 2, 2005, the judge of the court of common pleas of Logan county | 20381 |
| whose term begins on January 2, 2005, and the successors to that | 20382 |
| judge, shall have all the powers relating to the probate division | 20383 |
| of the court of common pleas of Logan county in addition to the | 20384 |
| powers previously specified in this division and shall exercise | 20385 |
| concurrent jurisdiction with the judge of the probate division of | 20386 |
| that court over all matters that are within the jurisdiction of | 20387 |
| the probate division of that court under Chapter 2101., and other | 20388 |
| provisions, of the Revised Code in addition to the jurisdiction of | 20389 |
| the domestic relations-juvenile-probate division of that court | 20390 |
| otherwise specified in division (CC)(1) of this section. | 20391 |
| (2) The judge of the domestic relations-juvenile-probate | 20392 |
| division of the court of common pleas of Logan county or the | 20393 |
| probate judge of the court of common pleas of Logan county who is | 20394 |
| elected as the administrative judge of the probate division of the | 20395 |
| court of common pleas of Logan county pursuant to Rule 4 of the | 20396 |
| Rules of Superintendence shall be the clerk of the probate | 20397 |
| division and juvenile division of the court of common pleas of | 20398 |
| Logan county. The clerk of the court of common pleas who is | 20399 |
| elected pursuant to section 2303.01 of the Revised Code shall keep | 20400 |
| all of the journals, records, books, papers, and files pertaining | 20401 |
| to the domestic relations cases. | 20402 |
| (3) On and after January 2, 2005, all references in law to | 20403 |
| "the probate court," "the probate judge," "the juvenile court," or | 20404 |
| "the judge of the juvenile court" shall be construed, with respect | 20405 |
| to Logan county, as being references to both "the probate | 20406 |
| division" and the "domestic relations-juvenile-probate division" | 20407 |
| and as being references to both "the judge of the probate | 20408 |
| division" and the "judge of the domestic | 20409 |
| relations-juvenile-probate division." On and after January 2, | 20410 |
| 2005, all references in law to "the clerk of the probate court" | 20411 |
| shall be construed, with respect to Logan county, as being | 20412 |
| references to the judge who is serving pursuant to division | 20413 |
| (CC)(2) of this section as the clerk of the probate division of | 20414 |
| the court of common pleas of Logan county. | 20415 |
| (DD)(1) In Champaign county, the judge of the court of common | 20416 |
| pleas whose term begins February 9, 2003, and the judge of the | 20417 |
| court of common pleas whose term begins February 10, 2009, and the | 20418 |
| successors to those judges, shall have the same qualifications, | 20419 |
| exercise the same powers and jurisdiction, and receive the same | 20420 |
| compensation as the other judges of the court of common pleas of | 20421 |
| Champaign county and shall be elected and designated as judges of | 20422 |
| the court of common pleas, domestic relations-juvenile-probate | 20423 |
| division. Except as otherwise specified in this division, those | 20424 |
| judges, and the successors to those judges, shall have all the | 20425 |
| powers relating to juvenile courts, and all cases under Chapters | 20426 |
| 2151. and 2152. of the Revised Code, all cases arising under | 20427 |
| Chapter 3111. of the Revised Code, all divorce, dissolution of | 20428 |
| marriage, legal separation, and annulment cases, all proceedings | 20429 |
| involving child support, the allocation of parental rights and | 20430 |
| responsibilities for the care of children and the designation for | 20431 |
| the children of a place of residence and legal custodian, | 20432 |
| parenting time, and visitation, and all post-decree proceedings | 20433 |
| and matters arising from those cases and proceedings shall be | 20434 |
| assigned to those judges and the successors to those judges. | 20435 |
| Notwithstanding any other provision of any section of the Revised | 20436 |
| Code, on and after February 9, 2009, the judges designated by this | 20437 |
| division as judges of the court of common pleas of Champaign | 20438 |
| county, domestic relations-juvenile-probate division, and the | 20439 |
| successors to those judges, shall have all the powers relating to | 20440 |
| probate courts in addition to the powers previously specified in | 20441 |
| this division and shall exercise jurisdiction over all matters | 20442 |
| that are within the jurisdiction of probate courts under Chapter | 20443 |
| 2101., and other provisions, of the Revised Code in addition to | 20444 |
| the jurisdiction of the domestic relations-juvenile-probate | 20445 |
| division otherwise specified in division (DD)(1) of this section. | 20446 |
| (2) On and after February 9, 2009, all references in law to | 20447 |
| "the probate court," "the probate judge," "the juvenile court," or | 20448 |
| "the judge of the juvenile court" shall be construed with respect | 20449 |
| to Champaign county as being references to the "domestic | 20450 |
| relations-juvenile-probate division" and as being references to | 20451 |
| the "judge of the domestic relations-juvenile-probate division." | 20452 |
| On and after February 9, 2009, all references in law to "the clerk | 20453 |
| of the probate court" shall be construed with respect to Champaign | 20454 |
| county as being references to the judge who is serving pursuant to | 20455 |
| Rule 4 of the Rules of Superintendence for the Courts of Ohio as | 20456 |
| the administrative judge of the court of common pleas, domestic | 20457 |
| relations-juvenile-probate division. | 20458 |
| (EE) If a judge of the court of common pleas, division of | 20459 |
| domestic relations, or juvenile judge, of any of the counties | 20460 |
| mentioned in this section is sick, absent, or unable to perform | 20461 |
| that judge's judicial duties or the volume of cases pending in the | 20462 |
| judge's division necessitates it, the duties of that judge shall | 20463 |
| be performed by another judge of the court of common pleas of that | 20464 |
| county, assigned for that purpose by the presiding judge of the | 20465 |
| court of common pleas of that county to act in place of or in | 20466 |
| conjunction with that judge, as the case may require. | 20467 |
| Sec. 2301.18. The court of common pleas shall appoint a | 20468 |
| 20469 | |
| the court | 20470 |
|
three years | 20471 |
|
after | 20472 |
|
office, or incompetency. | 20473 |
| reporters as the business of the court requires for terms not | 20474 |
| exceeding three years under one appointment. The official | 20475 |
| 20476 | |
|
faithfully and impartially to discharge the duties of
| 20477 |
| 20478 |
| Sec. 2301.20. | 20479 |
| 20480 | |
| 20481 | |
| 20482 | |
| 20483 | |
| 20484 | |
| 20485 | |
| 20486 | |
|
filed in the office of the official
| 20487 |
| carefully preserved for either of the following periods of time: | 20488 |
| (A) If the action is not a capital case, the notes and | 20489 |
| electronic records shall be preserved for the period of time | 20490 |
| specified by the court of common pleas, which period of time shall | 20491 |
| not be longer than the period of time that the other records of | 20492 |
|
the particular action are required to be kept | 20493 |
| (B) If the action is a capital case, the notes and electronic | 20494 |
| records shall be preserved for the longer of ten years or until | 20495 |
| the final disposition of the action and exhaustion of all appeals. | 20496 |
| Sec. 2301.21. In every case | 20497 |
| section 2301.20 of the Revised Code, there shall be taxed for each | 20498 |
|
day's service of the official or assistant | 20499 |
| fee of twenty-five dollars, to be collected as other costs in the | 20500 |
| case. The fees so collected shall be paid quarterly by the clerk | 20501 |
| of the court of common pleas in which the cases were tried into | 20502 |
| the treasury of the county and shall be credited by the county | 20503 |
| treasurer to the general fund. | 20504 |
| Sec. 2301.22. Each | 20505 |
|
compensation | 20506 |
|
appointment fixes. | 20507 |
|
per diem compensation in | 20508 |
|
appointment is for a term of less than one year, | 20509 |
| may allow a per diem compensation to be fixed by the court, plus | 20510 |
|
actual and necessary expenses incurred, for each day | 20511 |
| 20512 | |
|
performing other duties under the orders of | 20513 |
| allowance shall be in full payment for all services so rendered. | 20514 |
| The county auditor shall issue warrants on the county | 20515 |
|
treasurer for the payment of | 20516 |
|
section in equal monthly installments | 20517 |
|
allowed annually, and | 20518 |
| amount of the bill approved by the court, from the general fund | 20519 |
| upon the presentation of a certified copy of the journal entry of | 20520 |
|
appointment and compensation of | 20521 |
| Sec. 2301.23. When | 20522 |
| electronic recording has been made in a case as provided in | 20523 |
|
section 2301.20 of the Revised Code, if the court | 20524 |
|
to the suit | 20525 |
|
portion of | 20526 |
| reporter reporting the case shall make full and accurate | 20527 |
|
transcripts of the notes | 20528 |
|
electronic recording. The court may direct the official | 20529 |
| reporter to furnish to the court and the parties copies of | 20530 |
| decisions rendered and charges delivered by the court in pending | 20531 |
| cases. | 20532 |
| When the compensation for transcripts, copies of decisions, | 20533 |
|
or charges is taxed as a part of the costs, | 20534 |
| copies of decisions, and charges shall remain on file with the | 20535 |
| papers of the case. | 20536 |
| Sec. 2301.24. The compensation of | 20537 |
|
making written transcripts
| 20538 |
|
2301.23 of the Revised Code shall be fixed by | 20539 |
|
court of common pleas of the county | 20540 |
| 20541 | |
| or proceeding is ordered, the reporter shall make copies of the | 20542 |
| transcript at cost pursuant to division (B)(1) of section 149.43 | 20543 |
| of the Revised Code or shall provide an electronic copy of the | 20544 |
| transcript free of charge. The compensation shall be paid | 20545 |
| 20546 | |
|
compensation for transcripts | 20547 |
|
prosecuting attorney | 20548 |
|
criminal cases or by the trial judge | 20549 |
| cases, and for copies of decisions and charges furnished by | 20550 |
|
direction of the court shall be paid from the county treasury | 20551 |
| taxed and collected as costs. | 20552 |
| Sec. 2301.25. When ordered by the prosecuting attorney or | 20553 |
|
the defendant in a criminal | 20554 |
|
of the court of common pleas | 20555 |
|
criminal cases, the costs of transcripts | 20556 |
| 20557 | |
|
collected as other costs, whether | 20558 |
| prepaid or not, as provided by section 2301.24 of the Revised | 20559 |
|
Code, | 20560 |
|
quarterly | 20561 |
|
fund. If, upon final judgment, the costs or any part | 20562 |
| 20563 | |
|
case, | 20564 |
|
the amount paid | 20565 |
| and, if the costs are finally adjudged against the state, the | 20566 |
|
defendant shall have | 20567 |
| 20568 | |
| 20569 | |
| 20570 | |
| 20571 | |
| 20572 | |
| 20573 | |
| 20574 | |
|
evidence of their correctness. | 20575 |
|
is taken before the grand jury by | 20576 |
|
receive for | 20577 |
| 20578 | |
| the same manner as provided in this section and section 2301.24 of | 20579 |
| the Revised Code. | 20580 |
| Sec. 2301.26. | 20581 |
| 20582 | |
| appointed referees to take and report evidence in causes pending | 20583 |
| in any of the courts of this state. In the taking of evidence as | 20584 |
| 20585 | |
| witnesses. They shall be furnished by the board of county | 20586 |
| commissioners with a suitable room in the courthouse, and with | 20587 |
| 20588 | |
| proper discharge of their duties and for the preservation of their | 20589 |
| 20590 | |
| electronic records shall be the property of the county and | 20591 |
|
carefully preserved in the office of the | 20592 |
| Sec. 2301.27. (A)(1)(a) The court of common pleas may | 20593 |
| establish a county department of probation. The establishment of | 20594 |
| the department shall be entered upon the journal of the court, and | 20595 |
| the clerk of the court of common pleas shall certify a copy of the | 20596 |
| journal entry establishing the department to each elective officer | 20597 |
| and board of the county. The department shall consist of a chief | 20598 |
| probation officer and the number of other probation officers and | 20599 |
| employees, clerks, and stenographers that is fixed from time to | 20600 |
| time by the court. The court shall appoint those individuals, fix | 20601 |
| their salaries, and supervise their work. | 20602 |
| (b) When appointing a chief probation officer, the court | 20603 |
| shall do all of the following: | 20604 |
| (i) Publicly advertise the position on the court's web site, | 20605 |
| including, but not limited to, the job description, qualifications | 20606 |
| for the position, and the application requirements; | 20607 |
| (ii) Conduct a competitive hiring process that adheres to | 20608 |
| state and federal equal employment opportunity laws; | 20609 |
| (iii) Review applicants who meet the posted qualifications | 20610 |
| and comply with the application requirements. | 20611 |
| (c) The court shall not appoint as a probation officer any | 20612 |
| person who does not possess the training, experience, and other | 20613 |
| qualifications prescribed by the adult parole authority created by | 20614 |
| section 5149.02 of the Revised Code. Probation officers have all | 20615 |
| the powers of regular police officers and shall perform any duties | 20616 |
| that are designated by the judge or judges of the court. All | 20617 |
| positions within the department of probation shall be in the | 20618 |
| classified service of the civil service of the county. | 20619 |
| (2) If two or more counties desire to jointly establish a | 20620 |
| probation department for those counties, the judges of the courts | 20621 |
| of common pleas of those counties may establish a probation | 20622 |
| department for those counties. If a probation department is | 20623 |
| established pursuant to division (A)(2) of this section to serve | 20624 |
| more than one county, the judges of the courts of common pleas | 20625 |
| that established the department shall designate the county | 20626 |
| treasurer of one of the counties served by the department as the | 20627 |
| treasurer to whom probation fees paid under section 2951.021 of | 20628 |
| the Revised Code are to be appropriated and transferred under | 20629 |
| division (A)(2) of section 321.44 of the Revised Code for deposit | 20630 |
| into the multicounty probation services fund established under | 20631 |
| division (B) of section 321.44 of the Revised Code. | 20632 |
| The cost of the administration and operation of a probation | 20633 |
| department established for two or more counties shall be prorated | 20634 |
| to the respective counties on the basis of population. | 20635 |
| (3) Probation officers shall receive, in addition to their | 20636 |
| respective salaries, their necessary and reasonable travel and | 20637 |
| other expenses incurred in the performance of their duties. Their | 20638 |
| salaries and expenses shall be paid monthly from the county | 20639 |
| treasury in the manner provided for the payment of the | 20640 |
| compensation of other appointees of the court. | 20641 |
| (4) | 20642 |
| accordance with a set of minimum standards that are established by | 20643 |
| the adult parole authority of the department of rehabilitation and | 20644 |
| correction. | 20645 |
| (B)(1) In lieu of establishing a county department of | 20646 |
| probation under division (A) of this section and in lieu of | 20647 |
| entering into an agreement with the adult parole authority as | 20648 |
| described in division (B) of section 2301.32 of the Revised Code, | 20649 |
| the court of common pleas may request the board of county | 20650 |
| commissioners to contract with, and upon that request the board | 20651 |
| may contract with, any nonprofit, public or private agency, | 20652 |
| association, or organization for the provision of probation | 20653 |
| services and supervisory services for persons placed under | 20654 |
| community control sanctions. The contract shall specify that each | 20655 |
| individual providing the probation services and supervisory | 20656 |
| services shall possess the training, experience, and other | 20657 |
| qualifications prescribed by the adult parole authority. The | 20658 |
| individuals who provide the probation services and supervisory | 20659 |
| services shall not be included in the classified or unclassified | 20660 |
| civil service of the county. | 20661 |
| (2) In lieu of establishing a county department of probation | 20662 |
| under division (A) of this section and in lieu of entering into an | 20663 |
| agreement with the adult parole authority as described in division | 20664 |
| (B) of section 2301.32 of the Revised Code, the courts of common | 20665 |
| pleas of two or more adjoining counties jointly may request the | 20666 |
| boards of county commissioners of those counties to contract with, | 20667 |
| and upon that request the boards of county commissioners of two or | 20668 |
| more adjoining counties jointly may contract with, any nonprofit, | 20669 |
| public or private agency, association, or organization for the | 20670 |
| provision of probation services and supervisory services for | 20671 |
| persons placed under community control sanctions for those | 20672 |
| counties. The contract shall specify that each individual | 20673 |
| providing the probation services and supervisory services shall | 20674 |
| possess the training, experience, and other qualifications | 20675 |
| prescribed by the adult parole authority. The individuals who | 20676 |
| provide the probation services and supervisory services shall not | 20677 |
| be included in the classified or unclassified civil service of any | 20678 |
| of those counties. | 20679 |
| (C) The chief probation officer may grant permission to a | 20680 |
| probation officer to carry firearms when required in the discharge | 20681 |
| of official duties if the probation officer has successfully | 20682 |
| completed a basic firearm training program that is approved by the | 20683 |
| executive director of the Ohio peace officer training commission. | 20684 |
| A probation officer who has been granted permission to carry a | 20685 |
| firearm in the discharge of official duties, annually shall | 20686 |
| successfully complete a firearms requalification program in | 20687 |
| accordance with section 109.801 of the Revised Code. | 20688 |
| (D) As used in this section and sections 2301.28 to 2301.32 | 20689 |
| of the Revised Code, "community control sanction" has the same | 20690 |
| meaning as in section 2929.01 of the Revised Code. | 20691 |
| Sec. 2301.271. (A) The adult parole authority of the | 20692 |
| department of rehabilitation and correction shall develop minimum | 20693 |
| standards for the training of adult probation officers as provided | 20694 |
| by section 2301.27 of the Revised Code. The adult parole authority | 20695 |
| shall consult and collaborate with the supreme court in developing | 20696 |
| the standards. | 20697 |
| (B) Within six months after | 20698 |
| 20699 | |
| correction shall make available a copy of the minimum standards to | 20700 |
| the following entities: | 20701 |
| (1) Every municipal court, county court, and court of common | 20702 |
| pleas; | 20703 |
| (2) Every probation department. | 20704 |
| Sec. 2301.571. (A) A person who has been convicted of or | 20705 |
| pleaded guilty to an offense and who is confined in a | 20706 |
| community-based correctional facility or district community-based | 20707 |
|
correctional facility | 20708 |
| for the payment of any medical expense or service requested by and | 20709 |
| provided to that person. | 20710 |
| (B) | 20711 |
| 20712 | |
| 20713 | |
| 20714 | |
| 20715 | |
| 20716 | |
| 20717 | |
| 20718 | |
| 20719 | |
| correctional facility or district community-based correctional | 20720 |
| facility shall be denied any necessary medical care because of | 20721 |
| inability to pay for medical treatment or service. | 20722 |
| (C) | 20723 |
|
shall | 20724 |
| facility or district community-based correctional facility to be | 20725 |
|
responsible for the payment of any medical or | 20726 |
| 20727 | |
| 20728 | |
| 20729 | |
| incurred in connection with an offender who is serving a term in | 20730 |
|
the facility pursuant to section | 20731 |
| Code. | 20732 |
| Sec. 2305.01. Except as otherwise provided by this section | 20733 |
| or section 2305.03 of the Revised Code, the court of common pleas | 20734 |
| has original jurisdiction in all civil cases in which the sum or | 20735 |
| matter in dispute exceeds the exclusive original jurisdiction of | 20736 |
| county courts and appellate jurisdiction from the decisions of | 20737 |
| boards of county commissioners. The court of common pleas shall | 20738 |
| not have jurisdiction, in any tort action to which the amounts | 20739 |
| apply, to award punitive or exemplary damages that exceed the | 20740 |
| amounts set forth in section 2315.21 of the Revised Code. The | 20741 |
| court of common pleas shall not have jurisdiction in any tort | 20742 |
| action to which the limits apply to enter judgment on an award of | 20743 |
| compensatory damages for noneconomic loss in excess of the limits | 20744 |
| set forth in section 2315.18 of the Revised Code. | 20745 |
| The court of common pleas may on its own motion transfer for | 20746 |
| trial any action in the court to any municipal court in the county | 20747 |
| having concurrent jurisdiction of the subject matter of, and the | 20748 |
| parties to, the action, if the amount sought by the plaintiff does | 20749 |
| not exceed one thousand dollars and if the judge or presiding | 20750 |
| judge of the municipal court concurs in the proposed transfer. | 20751 |
| Upon the issuance of an order of transfer, the clerk of courts | 20752 |
| shall remove to the designated municipal court the entire case | 20753 |
| file. Any untaxed portion of the common pleas deposit for court | 20754 |
| costs shall be remitted to the municipal court by the clerk of | 20755 |
| courts to be applied in accordance with section 1901.26 of the | 20756 |
| Revised Code, and the costs taxed by the municipal court shall be | 20757 |
| added to any costs taxed in the common pleas court. | 20758 |
| The court of common pleas has jurisdiction in any action | 20759 |
|
brought pursuant to division (I) of section | 20760 |
| Revised Code if the residential premises that are the subject of | 20761 |
| the action are located within the territorial jurisdiction of the | 20762 |
| court. | 20763 |
| The courts of common pleas of Adams, Athens, Belmont, Brown, | 20764 |
| Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, | 20765 |
| Meigs, Monroe, Scioto, and Washington counties have jurisdiction | 20766 |
| beyond the north or northwest shore of the Ohio river extending to | 20767 |
| the opposite shore line, between the extended boundary lines of | 20768 |
| any adjacent counties or adjacent state. Each of those courts of | 20769 |
| common pleas has concurrent jurisdiction on the Ohio river with | 20770 |
| any adjacent court of common pleas that borders on that river and | 20771 |
| with any court of Kentucky or of West Virginia that borders on the | 20772 |
| Ohio river and that has jurisdiction on the Ohio river under the | 20773 |
| law of Kentucky or the law of West Virginia, whichever is | 20774 |
| applicable, or under federal law. | 20775 |
| Sec. 2305.02. | 20776 |
| the individual's conviction has exclusive, original jurisdiction | 20777 |
| to hear and determine an action or proceeding that is commenced by | 20778 |
| an individual who satisfies divisions (A)(1) to (4) of section | 20779 |
|
2743.48 of the Revised Code and | 20780 |
| that court that the offense of which
| 20781 |
| guilty, including all lesser-included offenses, either was not | 20782 |
|
committed by | 20783 |
|
person. If
| 20784 |
| shall comply with division (B) of that section. | 20785 |
| Sec. 2307.89. The following apply to all tort actions for | 20786 |
| silicosis or mixed dust disease claims brought against a premises | 20787 |
| owner to recover damages or other relief for exposure to silica or | 20788 |
| mixed dust on the premises owner's property: | 20789 |
| (A) A premises owner is not liable for any injury to any | 20790 |
| individual resulting from silica or mixed dust exposure unless | 20791 |
| that individual's alleged exposure occurred while the individual | 20792 |
| was at the premises owner's property. | 20793 |
| (B) If exposure to silica or mixed dust is alleged to have | 20794 |
| occurred before January 1, 1972, it is presumed that a premises | 20795 |
| owner knew that this state had adopted safe levels of exposure for | 20796 |
| silica or mixed dust and that products containing silica or mixed | 20797 |
| dust were used on its property only at levels below those safe | 20798 |
| levels of exposure. To rebut this presumption, the plaintiff must | 20799 |
| prove by a preponderance of the evidence that the premises owner | 20800 |
| knew or should have known that the levels of silica or mixed dust | 20801 |
| in the immediate breathing zone of the plaintiff regularly | 20802 |
| exceeded the threshold limit values adopted by this state and that | 20803 |
| the premises owner allowed that condition to persist. | 20804 |
| (C)(1) A premises owner is presumed to be not liable for any | 20805 |
| injury to any invitee who was engaged to work with, install, or | 20806 |
| remove products containing silica or mixed dust on the premises | 20807 |
| owner's property if the invitee's employer held itself out as | 20808 |
| qualified to perform the work. To rebut this presumption, the | 20809 |
| plaintiff must demonstrate by a preponderance of the evidence that | 20810 |
| the premises owner had actual knowledge of the potential dangers | 20811 |
| of the products containing silica or mixed dust at the time of the | 20812 |
| alleged exposure that was superior to the knowledge of both the | 20813 |
| invitee and the invitee's employer. | 20814 |
| (2) A premises owner that hired a contractor before January | 20815 |
| 1, 1972, to perform the type of work at the premises owner's | 20816 |
| property that the contractor was qualified to perform cannot be | 20817 |
| liable for any injury to any individual resulting from silica or | 20818 |
| mixed dust exposure caused by any of the contractor's employees or | 20819 |
| agents on the premises owner's property unless the premises owner | 20820 |
| directed the activity that resulted in the injury or gave or | 20821 |
| denied permission for the critical acts that led to the | 20822 |
| individual's injury. | 20823 |
| (3) If exposure to silica or mixed dust is alleged to have | 20824 |
| occurred after January 1, 1972, a premises owner is not liable for | 20825 |
| any injury to any individual resulting from that exposure caused | 20826 |
| by a contractor's employee or agent on the premises owner's | 20827 |
| property unless the plaintiff establishes the premises owner's | 20828 |
| intentional violation of an established safety standard that was | 20829 |
| in effect at the time of the exposure and that the alleged | 20830 |
| violation was in the plaintiff's breathing zone and was the | 20831 |
| proximate cause of the plaintiff's medical condition. | 20832 |
| (D) As used in this section: | 20833 |
| (1) "Threshold limit values" means the maximum allowable | 20834 |
| concentration of silica, or other dust, set forth in regulation | 20835 |
| 247 of the "regulations for the prevention and control of diseases | 20836 |
| resulting from exposure to toxic fumes, vapors, mists, gases, and | 20837 |
| dusts in order to preserve and protect the public health," as | 20838 |
| adopted by the former public health council of the department of | 20839 |
| health on January 1, 1947, and set forth by the industrial | 20840 |
| commission of Ohio in bulletin no. 203, "specific requirements and | 20841 |
| general safety standards of the industrial commission of Ohio for | 20842 |
| work shops and factories, chapter XV, ventilation and exhausts," | 20843 |
| effective January 3, 1955. | 20844 |
| (2) "Established safety standard" means that, for the years | 20845 |
| after 1971, the concentration of silica or mixed dust in the | 20846 |
| breathing zone of the worker does not exceed the maximum allowable | 20847 |
| exposure limits for the eight-hour time-weighted average airborne | 20848 |
| concentration as promulgated by the occupational safety and health | 20849 |
| administration (OSHA) in effect at the time of the alleged | 20850 |
| exposure. | 20851 |
| (3) "Employee" means an individual who performs labor or | 20852 |
| provides construction services pursuant to a construction | 20853 |
| contract, as defined in section 4123.79 of the Revised Code, or a | 20854 |
| remodeling or repair contract, whether written or oral, if at | 20855 |
| least ten of the following criteria apply: | 20856 |
| (a) The individual is required to comply with instructions | 20857 |
| from the other contracting party regarding the manner or method of | 20858 |
| performing services. | 20859 |
| (b) The individual is required by the other contracting party | 20860 |
| to have particular training. | 20861 |
| (c) The individual's services are integrated into the regular | 20862 |
| functioning of the other contracting party. | 20863 |
| (d) The individual is required to perform the work | 20864 |
| personally. | 20865 |
| (e) The individual is hired, supervised, or paid by the other | 20866 |
| contracting party. | 20867 |
| (f) A continuing relationship exists between the individual | 20868 |
| and the other contracting party that contemplates continuing or | 20869 |
| recurring work even if the work is not full time. | 20870 |
| (g) The individual's hours of work are established by the | 20871 |
| other contracting party. | 20872 |
| (h) The individual is required to devote full time to the | 20873 |
| business of the other contracting party. | 20874 |
| (i) The individual is required to perform the work on the | 20875 |
| premises of the other contracting party. | 20876 |
| (j) The individual is required to follow the order of work | 20877 |
| set by the other contracting party. | 20878 |
| (k) The individual is required to make oral or written | 20879 |
| reports of progress to the other contracting party. | 20880 |
| (l) The individual is paid for services on a regular basis, | 20881 |
| including hourly, weekly, or monthly. | 20882 |
| (m) The individual's expenses are paid for by the other | 20883 |
| contracting party. | 20884 |
| (n) The individual's tools and materials are furnished by the | 20885 |
| other contracting party. | 20886 |
| (o) The individual is provided with the facilities used to | 20887 |
| perform services. | 20888 |
| (p) The individual does not realize a profit or suffer a loss | 20889 |
| as a result of the services provided. | 20890 |
| (q) The individual is not performing services for a number of | 20891 |
| employers at the same time. | 20892 |
| (r) The individual does not make the same services available | 20893 |
| to the general public. | 20894 |
| (s) The other contracting party has a right to discharge the | 20895 |
| individual. | 20896 |
| (t) The individual has the right to end the relationship with | 20897 |
| the other contracting party without incurring liability pursuant | 20898 |
| to an employment contract or agreement. | 20899 |
| Sec. 2317.02. The following persons shall not testify in | 20900 |
| certain respects: | 20901 |
| (A)(1) An attorney, concerning a communication made to the | 20902 |
| attorney by a client in that relation or the attorney's advice to | 20903 |
| a client, except that the attorney may testify by express consent | 20904 |
| of the client or, if the client is deceased, by the express | 20905 |
| consent of the surviving spouse or the executor or administrator | 20906 |
| of the estate of the deceased client. However, if the client | 20907 |
| voluntarily testifies or is deemed by section 2151.421 of the | 20908 |
| Revised Code to have waived any testimonial privilege under this | 20909 |
| division, the attorney may be compelled to testify on the same | 20910 |
| subject. | 20911 |
| The testimonial privilege established under this division | 20912 |
| does not apply concerning a communication between a client who has | 20913 |
| since died and the deceased client's attorney if the communication | 20914 |
| is relevant to a dispute between parties who claim through that | 20915 |
| deceased client, regardless of whether the claims are by testate | 20916 |
| or intestate succession or by inter vivos transaction, and the | 20917 |
| dispute addresses the competency of the deceased client when the | 20918 |
| deceased client executed a document that is the basis of the | 20919 |
| dispute or whether the deceased client was a victim of fraud, | 20920 |
| undue influence, or duress when the deceased client executed a | 20921 |
| document that is the basis of the dispute. | 20922 |
| (2) An attorney, concerning a communication made to the | 20923 |
| attorney by a client in that relationship or the attorney's advice | 20924 |
| to a client, except that if the client is an insurance company, | 20925 |
| the attorney may be compelled to testify, subject to an in camera | 20926 |
| inspection by a court, about communications made by the client to | 20927 |
| the attorney or by the attorney to the client that are related to | 20928 |
| the attorney's aiding or furthering an ongoing or future | 20929 |
| commission of bad faith by the client, if the party seeking | 20930 |
| disclosure of the communications has made a prima-facie showing of | 20931 |
| bad faith, fraud, or criminal misconduct by the client. | 20932 |
| (B)(1) A physician or a dentist concerning a communication | 20933 |
| made to the physician or dentist by a patient in that relation or | 20934 |
| the physician's or dentist's advice to a patient, except as | 20935 |
| otherwise provided in this division, division (B)(2), and division | 20936 |
| (B)(3) of this section, and except that, if the patient is deemed | 20937 |
| by section 2151.421 of the Revised Code to have waived any | 20938 |
| testimonial privilege under this division, the physician may be | 20939 |
| compelled to testify on the same subject. | 20940 |
| The testimonial privilege established under this division | 20941 |
| does not apply, and a physician or dentist may testify or may be | 20942 |
| compelled to testify, in any of the following circumstances: | 20943 |
| (a) In any civil action, in accordance with the discovery | 20944 |
| provisions of the Rules of Civil Procedure in connection with a | 20945 |
| civil action, or in connection with a claim under Chapter 4123. of | 20946 |
| the Revised Code, under any of the following circumstances: | 20947 |
| (i) If the patient or the guardian or other legal | 20948 |
| representative of the patient gives express consent; | 20949 |
| (ii) If the patient is deceased, the spouse of the patient or | 20950 |
| the executor or administrator of the patient's estate gives | 20951 |
| express consent; | 20952 |
| (iii) If a medical claim, dental claim, chiropractic claim, | 20953 |
| or optometric claim, as defined in section 2305.113 of the Revised | 20954 |
| Code, an action for wrongful death, any other type of civil | 20955 |
| action, or a claim under Chapter 4123. of the Revised Code is | 20956 |
| filed by the patient, the personal representative of the estate of | 20957 |
| the patient if deceased, or the patient's guardian or other legal | 20958 |
| representative. | 20959 |
| (b) In any civil action concerning court-ordered treatment or | 20960 |
| services received by a patient, if the court-ordered treatment or | 20961 |
| services were ordered as part of a case plan journalized under | 20962 |
| section 2151.412 of the Revised Code or the court-ordered | 20963 |
| treatment or services are necessary or relevant to dependency, | 20964 |
| neglect, or abuse or temporary or permanent custody proceedings | 20965 |
| under Chapter 2151. of the Revised Code. | 20966 |
| (c) In any criminal action concerning any test or the results | 20967 |
| of any test that determines the presence or concentration of | 20968 |
| alcohol, a drug of abuse, a combination of them, a controlled | 20969 |
| substance, or a metabolite of a controlled substance in the | 20970 |
| patient's whole blood, blood serum or plasma, breath, urine, or | 20971 |
| other bodily substance at any time relevant to the criminal | 20972 |
| offense in question. | 20973 |
| (d) In any criminal action against a physician or dentist. In | 20974 |
| such an action, the testimonial privilege established under this | 20975 |
| division does not prohibit the admission into evidence, in | 20976 |
| accordance with the Rules of Evidence, of a patient's medical or | 20977 |
| dental records or other communications between a patient and the | 20978 |
| physician or dentist that are related to the action and obtained | 20979 |
| by subpoena, search warrant, or other lawful means. A court that | 20980 |
| permits or compels a physician or dentist to testify in such an | 20981 |
| action or permits the introduction into evidence of patient | 20982 |
| records or other communications in such an action shall require | 20983 |
| that appropriate measures be taken to ensure that the | 20984 |
| confidentiality of any patient named or otherwise identified in | 20985 |
| the records is maintained. Measures to ensure confidentiality that | 20986 |
| may be taken by the court include sealing its records or deleting | 20987 |
| specific information from its records. | 20988 |
| (e)(i) If the communication was between a patient who has | 20989 |
| since died and the deceased patient's physician or dentist, the | 20990 |
| communication is relevant to a dispute between parties who claim | 20991 |
| through that deceased patient, regardless of whether the claims | 20992 |
| are by testate or intestate succession or by inter vivos | 20993 |
| transaction, and the dispute addresses the competency of the | 20994 |
| deceased patient when the deceased patient executed a document | 20995 |
| that is the basis of the dispute or whether the deceased patient | 20996 |
| was a victim of fraud, undue influence, or duress when the | 20997 |
| deceased patient executed a document that is the basis of the | 20998 |
| dispute. | 20999 |
| (ii) If neither the spouse of a patient nor the executor or | 21000 |
| administrator of that patient's estate gives consent under | 21001 |
| division (B)(1)(a)(ii) of this section, testimony or the | 21002 |
| disclosure of the patient's medical records by a physician, | 21003 |
| dentist, or other health care provider under division (B)(1)(e)(i) | 21004 |
| of this section is a permitted use or disclosure of protected | 21005 |
| health information, as defined in 45 C.F.R. 160.103, and an | 21006 |
| authorization or opportunity to be heard shall not be required. | 21007 |
| (iii) Division (B)(1)(e)(i) of this section does not require | 21008 |
| a mental health professional to disclose psychotherapy notes, as | 21009 |
| defined in 45 C.F.R. 164.501. | 21010 |
| (iv) An interested person who objects to testimony or | 21011 |
| disclosure under division (B)(1)(e)(i) of this section may seek a | 21012 |
| protective order pursuant to Civil Rule 26. | 21013 |
| (v) A person to whom protected health information is | 21014 |
| disclosed under division (B)(1)(e)(i) of this section shall not | 21015 |
| use or disclose the protected health information for any purpose | 21016 |
| other than the litigation or proceeding for which the information | 21017 |
| was requested and shall return the protected health information to | 21018 |
| the covered entity or destroy the protected health information, | 21019 |
| including all copies made, at the conclusion of the litigation or | 21020 |
| proceeding. | 21021 |
| (2)(a) If any law enforcement officer submits a written | 21022 |
| statement to a health care provider that states that an official | 21023 |
| criminal investigation has begun regarding a specified person or | 21024 |
| that a criminal action or proceeding has been commenced against a | 21025 |
| specified person, that requests the provider to supply to the | 21026 |
| officer copies of any records the provider possesses that pertain | 21027 |
| to any test or the results of any test administered to the | 21028 |
| specified person to determine the presence or concentration of | 21029 |
| alcohol, a drug of abuse, a combination of them, a controlled | 21030 |
| substance, or a metabolite of a controlled substance in the | 21031 |
| person's whole blood, blood serum or plasma, breath, or urine at | 21032 |
| any time relevant to the criminal offense in question, and that | 21033 |
| conforms to section 2317.022 of the Revised Code, the provider, | 21034 |
| except to the extent specifically prohibited by any law of this | 21035 |
| state or of the United States, shall supply to the officer a copy | 21036 |
| of any of the requested records the provider possesses. If the | 21037 |
| health care provider does not possess any of the requested | 21038 |
| records, the provider shall give the officer a written statement | 21039 |
| that indicates that the provider does not possess any of the | 21040 |
| requested records. | 21041 |
| (b) If a health care provider possesses any records of the | 21042 |
| type described in division (B)(2)(a) of this section regarding the | 21043 |
| person in question at any time relevant to the criminal offense in | 21044 |
| question, in lieu of personally testifying as to the results of | 21045 |
| the test in question, the custodian of the records may submit a | 21046 |
| certified copy of the records, and, upon its submission, the | 21047 |
| certified copy is qualified as authentic evidence and may be | 21048 |
| admitted as evidence in accordance with the Rules of Evidence. | 21049 |
| Division (A) of section 2317.422 of the Revised Code does not | 21050 |
| apply to any certified copy of records submitted in accordance | 21051 |
| with this division. Nothing in this division shall be construed to | 21052 |
| limit the right of any party to call as a witness the person who | 21053 |
| administered the test to which the records pertain, the person | 21054 |
| under whose supervision the test was administered, the custodian | 21055 |
| of the records, the person who made the records, or the person | 21056 |
| under whose supervision the records were made. | 21057 |
| (3)(a) If the testimonial privilege described in division | 21058 |
| (B)(1) of this section does not apply as provided in division | 21059 |
| (B)(1)(a)(iii) of this section, a physician or dentist may be | 21060 |
| compelled to testify or to submit to discovery under the Rules of | 21061 |
| Civil Procedure only as to a communication made to the physician | 21062 |
| or dentist by the patient in question in that relation, or the | 21063 |
| physician's or dentist's advice to the patient in question, that | 21064 |
| related causally or historically to physical or mental injuries | 21065 |
| that are relevant to issues in the medical claim, dental claim, | 21066 |
| chiropractic claim, or optometric claim, action for wrongful | 21067 |
| death, other civil action, or claim under Chapter 4123. of the | 21068 |
| Revised Code. | 21069 |
| (b) If the testimonial privilege described in division (B)(1) | 21070 |
| of this section does not apply to a physician or dentist as | 21071 |
| provided in division (B)(1)(c) of this section, the physician or | 21072 |
| dentist, in lieu of personally testifying as to the results of the | 21073 |
| test in question, may submit a certified copy of those results, | 21074 |
| and, upon its submission, the certified copy is qualified as | 21075 |
| authentic evidence and may be admitted as evidence in accordance | 21076 |
| with the Rules of Evidence. Division (A) of section 2317.422 of | 21077 |
| the Revised Code does not apply to any certified copy of results | 21078 |
| submitted in accordance with this division. Nothing in this | 21079 |
| division shall be construed to limit the right of any party to | 21080 |
| call as a witness the person who administered the test in | 21081 |
| question, the person under whose supervision the test was | 21082 |
| administered, the custodian of the results of the test, the person | 21083 |
| who compiled the results, or the person under whose supervision | 21084 |
| the results were compiled. | 21085 |
| (4) The testimonial privilege described in division (B)(1) of | 21086 |
| this section is not waived when a communication is made by a | 21087 |
| physician to a pharmacist or when there is communication between a | 21088 |
| patient and a pharmacist in furtherance of the physician-patient | 21089 |
| relation. | 21090 |
| (5)(a) As used in divisions (B)(1) to (4) of this section, | 21091 |
| "communication" means acquiring, recording, or transmitting any | 21092 |
| information, in any manner, concerning any facts, opinions, or | 21093 |
| statements necessary to enable a physician or dentist to diagnose, | 21094 |
| treat, prescribe, or act for a patient. A "communication" may | 21095 |
| include, but is not limited to, any medical or dental, office, or | 21096 |
| hospital communication such as a record, chart, letter, | 21097 |
| memorandum, laboratory test and results, x-ray, photograph, | 21098 |
| financial statement, diagnosis, or prognosis. | 21099 |
| (b) As used in division (B)(2) of this section, "health care | 21100 |
| provider" means a hospital, ambulatory care facility, long-term | 21101 |
| care facility, pharmacy, emergency facility, or health care | 21102 |
| practitioner. | 21103 |
| (c) As used in division (B)(5)(b) of this section: | 21104 |
| (i) "Ambulatory care facility" means a facility that provides | 21105 |
| medical, diagnostic, or surgical treatment to patients who do not | 21106 |
| require hospitalization, including a dialysis center, ambulatory | 21107 |
| surgical facility, cardiac catheterization facility, diagnostic | 21108 |
| imaging center, extracorporeal shock wave lithotripsy center, home | 21109 |
| health agency, inpatient hospice, birthing center, radiation | 21110 |
| therapy center, emergency facility, and an urgent care center. | 21111 |
| "Ambulatory health care facility" does not include the private | 21112 |
| office of a physician or dentist, whether the office is for an | 21113 |
| individual or group practice. | 21114 |
| (ii) "Emergency facility" means a hospital emergency | 21115 |
| department or any other facility that provides emergency medical | 21116 |
| services. | 21117 |
| (iii) "Health care practitioner" has the same meaning as in | 21118 |
| section 4769.01 of the Revised Code. | 21119 |
| (iv) "Hospital" has the same meaning as in section 3727.01 of | 21120 |
| the Revised Code. | 21121 |
| (v) "Long-term care facility" means a nursing home, | 21122 |
| residential care facility, or home for the aging, as those terms | 21123 |
|
are defined in section 3721.01 of the Revised Code; | 21124 |
| a residential facility | 21125 |
| 21126 | |
| supervision, and personal care services for three to sixteen | 21127 |
| unrelated adults; a nursing facility or intermediate care facility | 21128 |
| for the mentally retarded, as those terms are defined in section | 21129 |
| 5111.20 of the Revised Code; a facility or portion of a facility | 21130 |
| certified as a skilled nursing facility under Title XVIII of the | 21131 |
| "Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as | 21132 |
| amended. | 21133 |
| (vi) "Pharmacy" has the same meaning as in section 4729.01 of | 21134 |
| the Revised Code. | 21135 |
| (d) As used in divisions (B)(1) and (2) of this section, | 21136 |
| "drug of abuse" has the same meaning as in section 4506.01 of the | 21137 |
| Revised Code. | 21138 |
| (6) Divisions (B)(1), (2), (3), (4), and (5) of this section | 21139 |
| apply to doctors of medicine, doctors of osteopathic medicine, | 21140 |
| doctors of podiatry, and dentists. | 21141 |
| (7) Nothing in divisions (B)(1) to (6) of this section | 21142 |
| affects, or shall be construed as affecting, the immunity from | 21143 |
| civil liability conferred by section 307.628 of the Revised Code | 21144 |
| or the immunity from civil liability conferred by section 2305.33 | 21145 |
| of the Revised Code upon physicians who report an employee's use | 21146 |
| of a drug of abuse, or a condition of an employee other than one | 21147 |
| involving the use of a drug of abuse, to the employer of the | 21148 |
| employee in accordance with division (B) of that section. As used | 21149 |
| in division (B)(7) of this section, "employee," "employer," and | 21150 |
| "physician" have the same meanings as in section 2305.33 of the | 21151 |
| Revised Code. | 21152 |
| (C)(1) A cleric, when the cleric remains accountable to the | 21153 |
| authority of that cleric's church, denomination, or sect, | 21154 |
| concerning a confession made, or any information confidentially | 21155 |
| communicated, to the cleric for a religious counseling purpose in | 21156 |
| the cleric's professional character. The cleric may testify by | 21157 |
| express consent of the person making the communication, except | 21158 |
| when the disclosure of the information is in violation of a sacred | 21159 |
| trust and except that, if the person voluntarily testifies or is | 21160 |
| deemed by division (A)(4)(c) of section 2151.421 of the Revised | 21161 |
| Code to have waived any testimonial privilege under this division, | 21162 |
| the cleric may be compelled to testify on the same subject except | 21163 |
| when disclosure of the information is in violation of a sacred | 21164 |
| trust. | 21165 |
| (2) As used in division (C) of this section: | 21166 |
| (a) "Cleric" means a member of the clergy, rabbi, priest, | 21167 |
| Christian Science practitioner, or regularly ordained, accredited, | 21168 |
| or licensed minister of an established and legally cognizable | 21169 |
| church, denomination, or sect. | 21170 |
| (b) "Sacred trust" means a confession or confidential | 21171 |
| communication made to a cleric in the cleric's ecclesiastical | 21172 |
| capacity in the course of discipline enjoined by the church to | 21173 |
| which the cleric belongs, including, but not limited to, the | 21174 |
| Catholic Church, if both of the following apply: | 21175 |
| (i) The confession or confidential communication was made | 21176 |
| directly to the cleric. | 21177 |
| (ii) The confession or confidential communication was made in | 21178 |
| the manner and context that places the cleric specifically and | 21179 |
| strictly under a level of confidentiality that is considered | 21180 |
| inviolate by canon law or church doctrine. | 21181 |
| (D) Husband or wife, concerning any communication made by one | 21182 |
| to the other, or an act done by either in the presence of the | 21183 |
| other, during coverture, unless the communication was made, or act | 21184 |
| done, in the known presence or hearing of a third person competent | 21185 |
| to be a witness; and such rule is the same if the marital relation | 21186 |
| has ceased to exist; | 21187 |
| (E) A person who assigns a claim or interest, concerning any | 21188 |
| matter in respect to which the person would not, if a party, be | 21189 |
| permitted to testify; | 21190 |
| (F) A person who, if a party, would be restricted under | 21191 |
| section 2317.03 of the Revised Code, when the property or thing is | 21192 |
| sold or transferred by an executor, administrator, guardian, | 21193 |
| trustee, heir, devisee, or legatee, shall be restricted in the | 21194 |
| same manner in any action or proceeding concerning the property or | 21195 |
| thing. | 21196 |
| (G)(1) A school guidance counselor who holds a valid educator | 21197 |
| license from the state board of education as provided for in | 21198 |
| section 3319.22 of the Revised Code, a person licensed under | 21199 |
| Chapter 4757. of the Revised Code as a professional clinical | 21200 |
| counselor, professional counselor, social worker, independent | 21201 |
| social worker, marriage and family therapist or independent | 21202 |
| marriage and family therapist, or registered under Chapter 4757. | 21203 |
| of the Revised Code as a social work assistant concerning a | 21204 |
| confidential communication received from a client in that relation | 21205 |
| or the person's advice to a client unless any of the following | 21206 |
| applies: | 21207 |
| (a) The communication or advice indicates clear and present | 21208 |
| danger to the client or other persons. For the purposes of this | 21209 |
| division, cases in which there are indications of present or past | 21210 |
| child abuse or neglect of the client constitute a clear and | 21211 |
| present danger. | 21212 |
| (b) The client gives express consent to the testimony. | 21213 |
| (c) If the client is deceased, the surviving spouse or the | 21214 |
| executor or administrator of the estate of the deceased client | 21215 |
| gives express consent. | 21216 |
| (d) The client voluntarily testifies, in which case the | 21217 |
| school guidance counselor or person licensed or registered under | 21218 |
| Chapter 4757. of the Revised Code may be compelled to testify on | 21219 |
| the same subject. | 21220 |
| (e) The court in camera determines that the information | 21221 |
| communicated by the client is not germane to the counselor-client, | 21222 |
| marriage and family therapist-client, or social worker-client | 21223 |
| relationship. | 21224 |
| (f) A court, in an action brought against a school, its | 21225 |
| administration, or any of its personnel by the client, rules after | 21226 |
| an in-camera inspection that the testimony of the school guidance | 21227 |
| counselor is relevant to that action. | 21228 |
| (g) The testimony is sought in a civil action and concerns | 21229 |
| court-ordered treatment or services received by a patient as part | 21230 |
| of a case plan journalized under section 2151.412 of the Revised | 21231 |
| Code or the court-ordered treatment or services are necessary or | 21232 |
| relevant to dependency, neglect, or abuse or temporary or | 21233 |
| permanent custody proceedings under Chapter 2151. of the Revised | 21234 |
| Code. | 21235 |
| (2) Nothing in division (G)(1) of this section shall relieve | 21236 |
| a school guidance counselor or a person licensed or registered | 21237 |
| under Chapter 4757. of the Revised Code from the requirement to | 21238 |
| report information concerning child abuse or neglect under section | 21239 |
| 2151.421 of the Revised Code. | 21240 |
| (H) A mediator acting under a mediation order issued under | 21241 |
| division (A) of section 3109.052 of the Revised Code or otherwise | 21242 |
| issued in any proceeding for divorce, dissolution, legal | 21243 |
| separation, annulment, or the allocation of parental rights and | 21244 |
| responsibilities for the care of children, in any action or | 21245 |
| proceeding, other than a criminal, delinquency, child abuse, child | 21246 |
| neglect, or dependent child action or proceeding, that is brought | 21247 |
| by or against either parent who takes part in mediation in | 21248 |
| accordance with the order and that pertains to the mediation | 21249 |
| process, to any information discussed or presented in the | 21250 |
| mediation process, to the allocation of parental rights and | 21251 |
| responsibilities for the care of the parents' children, or to the | 21252 |
| awarding of parenting time rights in relation to their children; | 21253 |
| (I) A communications assistant, acting within the scope of | 21254 |
| the communication assistant's authority, when providing | 21255 |
| telecommunications relay service pursuant to section 4931.06 of | 21256 |
| the Revised Code or Title II of the "Communications Act of 1934," | 21257 |
| 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication | 21258 |
| made through a telecommunications relay service. Nothing in this | 21259 |
| section shall limit the obligation of a communications assistant | 21260 |
| to divulge information or testify when mandated by federal law or | 21261 |
| regulation or pursuant to subpoena in a criminal proceeding. | 21262 |
| Nothing in this section shall limit any immunity or privilege | 21263 |
| granted under federal law or regulation. | 21264 |
| (J)(1) A chiropractor in a civil proceeding concerning a | 21265 |
| communication made to the chiropractor by a patient in that | 21266 |
| relation or the chiropractor's advice to a patient, except as | 21267 |
| otherwise provided in this division. The testimonial privilege | 21268 |
| established under this division does not apply, and a chiropractor | 21269 |
| may testify or may be compelled to testify, in any civil action, | 21270 |
| in accordance with the discovery provisions of the Rules of Civil | 21271 |
| Procedure in connection with a civil action, or in connection with | 21272 |
| a claim under Chapter 4123. of the Revised Code, under any of the | 21273 |
| following circumstances: | 21274 |
| (a) If the patient or the guardian or other legal | 21275 |
| representative of the patient gives express consent. | 21276 |
| (b) If the patient is deceased, the spouse of the patient or | 21277 |
| the executor or administrator of the patient's estate gives | 21278 |
| express consent. | 21279 |
| (c) If a medical claim, dental claim, chiropractic claim, or | 21280 |
| optometric claim, as defined in section 2305.113 of the Revised | 21281 |
| Code, an action for wrongful death, any other type of civil | 21282 |
| action, or a claim under Chapter 4123. of the Revised Code is | 21283 |
| filed by the patient, the personal representative of the estate of | 21284 |
| the patient if deceased, or the patient's guardian or other legal | 21285 |
| representative. | 21286 |
| (2) If the testimonial privilege described in division (J)(1) | 21287 |
| of this section does not apply as provided in division (J)(1)(c) | 21288 |
| of this section, a chiropractor may be compelled to testify or to | 21289 |
| submit to discovery under the Rules of Civil Procedure only as to | 21290 |
| a communication made to the chiropractor by the patient in | 21291 |
| question in that relation, or the chiropractor's advice to the | 21292 |
| patient in question, that related causally or historically to | 21293 |
| physical or mental injuries that are relevant to issues in the | 21294 |
| medical claim, dental claim, chiropractic claim, or optometric | 21295 |
| claim, action for wrongful death, other civil action, or claim | 21296 |
| under Chapter 4123. of the Revised Code. | 21297 |
| (3) The testimonial privilege established under this division | 21298 |
| does not apply, and a chiropractor may testify or be compelled to | 21299 |
| testify, in any criminal action or administrative proceeding. | 21300 |
| (4) As used in this division, "communication" means | 21301 |
| acquiring, recording, or transmitting any information, in any | 21302 |
| manner, concerning any facts, opinions, or statements necessary to | 21303 |
| enable a chiropractor to diagnose, treat, or act for a patient. A | 21304 |
| communication may include, but is not limited to, any | 21305 |
| chiropractic, office, or hospital communication such as a record, | 21306 |
| chart, letter, memorandum, laboratory test and results, x-ray, | 21307 |
| photograph, financial statement, diagnosis, or prognosis. | 21308 |
| (K)(1) Except as provided under division (K)(2) of this | 21309 |
| section, a critical incident stress management team member | 21310 |
| concerning a communication received from an individual who | 21311 |
| receives crisis response services from the team member, or the | 21312 |
| team member's advice to the individual, during a debriefing | 21313 |
| session. | 21314 |
| (2) The testimonial privilege established under division | 21315 |
| (K)(1) of this section does not apply if any of the following are | 21316 |
| true: | 21317 |
| (a) The communication or advice indicates clear and present | 21318 |
| danger to the individual who receives crisis response services or | 21319 |
| to other persons. For purposes of this division, cases in which | 21320 |
| there are indications of present or past child abuse or neglect of | 21321 |
| the individual constitute a clear and present danger. | 21322 |
| (b) The individual who received crisis response services | 21323 |
| gives express consent to the testimony. | 21324 |
| (c) If the individual who received crisis response services | 21325 |
| is deceased, the surviving spouse or the executor or administrator | 21326 |
| of the estate of the deceased individual gives express consent. | 21327 |
| (d) The individual who received crisis response services | 21328 |
| voluntarily testifies, in which case the team member may be | 21329 |
| compelled to testify on the same subject. | 21330 |
| (e) The court in camera determines that the information | 21331 |
| communicated by the individual who received crisis response | 21332 |
| services is not germane to the relationship between the individual | 21333 |
| and the team member. | 21334 |
| (f) The communication or advice pertains or is related to any | 21335 |
| criminal act. | 21336 |
| (3) As used in division (K) of this section: | 21337 |
| (a) "Crisis response services" means consultation, risk | 21338 |
| assessment, referral, and on-site crisis intervention services | 21339 |
| provided by a critical incident stress management team to | 21340 |
| individuals affected by crisis or disaster. | 21341 |
| (b) "Critical incident stress management team member" or | 21342 |
| "team member" means an individual specially trained to provide | 21343 |
| crisis response services as a member of an organized community or | 21344 |
| local crisis response team that holds membership in the Ohio | 21345 |
| critical incident stress management network. | 21346 |
| (c) "Debriefing session" means a session at which crisis | 21347 |
| response services are rendered by a critical incident stress | 21348 |
| management team member during or after a crisis or disaster. | 21349 |
| (L)(1) Subject to division (L)(2) of this section and except | 21350 |
| as provided in division (L)(3) of this section, an employee | 21351 |
| assistance professional, concerning a communication made to the | 21352 |
| employee assistance professional by a client in the employee | 21353 |
| assistance professional's official capacity as an employee | 21354 |
| assistance professional. | 21355 |
| (2) Division (L)(1) of this section applies to an employee | 21356 |
| assistance professional who meets either or both of the following | 21357 |
| requirements: | 21358 |
| (a) Is certified by the employee assistance certification | 21359 |
| commission to engage in the employee assistance profession; | 21360 |
| (b) Has education, training, and experience in all of the | 21361 |
| following: | 21362 |
| (i) Providing workplace-based services designed to address | 21363 |
| employer and employee productivity issues; | 21364 |
| (ii) Providing assistance to employees and employees' | 21365 |
| dependents in identifying and finding the means to resolve | 21366 |
| personal problems that affect the employees or the employees' | 21367 |
| performance; | 21368 |
| (iii) Identifying and resolving productivity problems | 21369 |
| associated with an employee's concerns about any of the following | 21370 |
| matters: health, marriage, family, finances, substance abuse or | 21371 |
| other addiction, workplace, law, and emotional issues; | 21372 |
| (iv) Selecting and evaluating available community resources; | 21373 |
| (v) Making appropriate referrals; | 21374 |
| (vi) Local and national employee assistance agreements; | 21375 |
| (vii) Client confidentiality. | 21376 |
| (3) Division (L)(1) of this section does not apply to any of | 21377 |
| the following: | 21378 |
| (a) A criminal action or proceeding involving an offense | 21379 |
| under sections 2903.01 to 2903.06 of the Revised Code if the | 21380 |
| employee assistance professional's disclosure or testimony relates | 21381 |
| directly to the facts or immediate circumstances of the offense; | 21382 |
| (b) A communication made by a client to an employee | 21383 |
| assistance professional that reveals the contemplation or | 21384 |
| commission of a crime or serious, harmful act; | 21385 |
| (c) A communication that is made by a client who is an | 21386 |
| unemancipated minor or an adult adjudicated to be incompetent and | 21387 |
| indicates that the client was the victim of a crime or abuse; | 21388 |
| (d) A civil proceeding to determine an individual's mental | 21389 |
| competency or a criminal action in which a plea of not guilty by | 21390 |
| reason of insanity is entered; | 21391 |
| (e) A civil or criminal malpractice action brought against | 21392 |
| the employee assistance professional; | 21393 |
| (f) When the employee assistance professional has the express | 21394 |
| consent of the client or, if the client is deceased or disabled, | 21395 |
| the client's legal representative; | 21396 |
| (g) When the testimonial privilege otherwise provided by | 21397 |
| division (L)(1) of this section is abrogated under law. | 21398 |
| Sec. 2317.422. (A) Notwithstanding sections 2317.40 and | 21399 |
| 2317.41 of the Revised Code but subject to division (B) of this | 21400 |
| section, the records, or copies or photographs of the records, of | 21401 |
| a hospital, homes required to be licensed pursuant to section | 21402 |
|
3721.01 of the Revised Code, and | 21403 |
| 21404 | |
| of the Revised Code that provides accommodations, supervision, and | 21405 |
| personal care services for three to sixteen unrelated adults, in | 21406 |
| lieu of the testimony in open court of their custodian, person who | 21407 |
| made them, or person under whose supervision they were made, may | 21408 |
| be qualified as authentic evidence if any such person endorses | 21409 |
| thereon the person's verified certification identifying such | 21410 |
| records, giving the mode and time of their preparation, and | 21411 |
| stating that they were prepared in the usual course of the | 21412 |
| business of the institution. Such records, copies, or photographs | 21413 |
| may not be qualified by certification as provided in this section | 21414 |
| unless the party intending to offer them delivers a copy of them, | 21415 |
| or of their relevant portions, to the attorney of record for each | 21416 |
| adverse party not less than five days before trial. Nothing in | 21417 |
| this section shall be construed to limit the right of any party to | 21418 |
| call the custodian, person who made such records, or person under | 21419 |
| whose supervision they were made, as a witness. | 21420 |
| (B) Division (A) of this section does not apply to any | 21421 |
| certified copy of the results of any test given to determine the | 21422 |
| presence or concentration of alcohol, a drug of abuse, a | 21423 |
| combination of them, a controlled substance, or a metabolite of a | 21424 |
| controlled substance in a patient's whole blood, blood serum or | 21425 |
| plasma, breath, or urine at any time relevant to a criminal | 21426 |
| offense that is submitted in a criminal action or proceeding in | 21427 |
| accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 | 21428 |
| of the Revised Code. | 21429 |
| Sec. 2317.56. (A) As used in this section: | 21430 |
| (1) "Medical emergency" means a condition of a pregnant woman | 21431 |
| that, in the reasonable judgment of the physician who is attending | 21432 |
| the woman, creates an immediate threat of serious risk to the life | 21433 |
| or physical health of the woman from the continuation of the | 21434 |
| pregnancy necessitating the immediate performance or inducement of | 21435 |
| an abortion. | 21436 |
| (2) "Medical necessity" means a medical condition of a | 21437 |
| pregnant woman that, in the reasonable judgment of the physician | 21438 |
| who is attending the woman, so complicates the pregnancy that it | 21439 |
| necessitates the immediate performance or inducement of an | 21440 |
| abortion. | 21441 |
| (3) "Probable gestational age of the embryo or fetus" means | 21442 |
| the gestational age that, in the judgment of a physician, is, with | 21443 |
| reasonable probability, the gestational age of the embryo or fetus | 21444 |
| at the time that the physician informs a pregnant woman pursuant | 21445 |
| to division (B)(1)(b) of this section. | 21446 |
| (B) Except when there is a medical emergency or medical | 21447 |
| necessity, an abortion shall be performed or induced only if all | 21448 |
| of the following conditions are satisfied: | 21449 |
| (1) At least twenty-four hours prior to the performance or | 21450 |
| inducement of the abortion, a physician meets with the pregnant | 21451 |
| woman in person in an individual, private setting and gives her an | 21452 |
| adequate opportunity to ask questions about the abortion that will | 21453 |
| be performed or induced. At this meeting, the physician shall | 21454 |
| inform the pregnant woman, verbally or, if she is hearing | 21455 |
| impaired, by other means of communication, of all of the | 21456 |
| following: | 21457 |
| (a) The nature and purpose of the particular abortion | 21458 |
| procedure to be used and the medical risks associated with that | 21459 |
| procedure; | 21460 |
| (b) The probable gestational age of the embryo or fetus; | 21461 |
| (c) The medical risks associated with the pregnant woman | 21462 |
| carrying the pregnancy to term. | 21463 |
| The meeting need not occur at the facility where the abortion | 21464 |
| is to be performed or induced, and the physician involved in the | 21465 |
| meeting need not be affiliated with that facility or with the | 21466 |
| physician who is scheduled to perform or induce the abortion. | 21467 |
| (2) At least twenty-four hours prior to the performance or | 21468 |
| inducement of the abortion, one or more physicians or one or more | 21469 |
| agents of one or more physicians do each of the following in | 21470 |
| person, by telephone, by certified mail, return receipt requested, | 21471 |
| or by regular mail evidenced by a certificate of mailing: | 21472 |
| (a) Inform the pregnant woman of the name of the physician | 21473 |
| who is scheduled to perform or induce the abortion; | 21474 |
| (b) Give the pregnant woman copies of the published materials | 21475 |
| described in division (C) of this section; | 21476 |
| (c) Inform the pregnant woman that the materials given | 21477 |
|
pursuant to division (B)(2)(b) of this section are
| 21478 |
| published by the state and that they describe the embryo or fetus | 21479 |
| and list agencies that offer alternatives to abortion. The | 21480 |
| pregnant woman may choose to examine or not to examine the | 21481 |
| materials. A physician or an agent of a physician may choose to be | 21482 |
| disassociated from the materials and may choose to comment or not | 21483 |
| comment on the materials. | 21484 |
| (3) Prior to the performance or inducement of the abortion, | 21485 |
| the pregnant woman signs a form consenting to the abortion and | 21486 |
| certifies both of the following on that form: | 21487 |
| (a) She has received the information and materials described | 21488 |
| in divisions (B)(1) and (2) of this section, and her questions | 21489 |
| about the abortion that will be performed or induced have been | 21490 |
| answered in a satisfactory manner. | 21491 |
| (b) She consents to the particular abortion voluntarily, | 21492 |
| knowingly, intelligently, and without coercion by any person, and | 21493 |
| she is not under the influence of any drug of abuse or alcohol. | 21494 |
| (4) Prior to the performance or inducement of the abortion, | 21495 |
| the physician who is scheduled to perform or induce the abortion | 21496 |
| or the physician's agent receives a copy of the pregnant woman's | 21497 |
| signed form on which she consents to the abortion and that | 21498 |
| includes the certification required by division (B)(3) of this | 21499 |
| section. | 21500 |
| (C) The department of health shall | 21501 |
| publish in English and in Spanish, in a typeface large enough to | 21502 |
| be clearly legible, and in an easily comprehensible format, the | 21503 |
| following materials on the department's web site: | 21504 |
| (1) Materials that inform the pregnant woman about family | 21505 |
| planning information, of publicly funded agencies that are | 21506 |
| available to assist in family planning, and of public and private | 21507 |
| agencies and services that are available to assist her through the | 21508 |
| pregnancy, upon childbirth, and while the child is dependent, | 21509 |
| including, but not limited to, adoption agencies. The materials | 21510 |
| shall be geographically indexed; include a comprehensive list of | 21511 |
| the available agencies, a description of the services offered by | 21512 |
| the agencies, and the telephone numbers and addresses of the | 21513 |
| agencies; and inform the pregnant woman about available medical | 21514 |
| assistance benefits for prenatal care, childbirth, and neonatal | 21515 |
| care and about the support obligations of the father of a child | 21516 |
| who is born alive. The department shall ensure that the materials | 21517 |
| described in division (C)(1) of this section are comprehensive and | 21518 |
| do not directly or indirectly promote, exclude, or discourage the | 21519 |
| use of any agency or service described in this division. | 21520 |
| (2) Materials that inform the pregnant woman of the probable | 21521 |
| anatomical and physiological characteristics of the zygote, | 21522 |
| blastocyte, embryo, or fetus at two-week gestational increments | 21523 |
| for the first sixteen weeks of pregnancy and at four-week | 21524 |
| gestational increments from the seventeenth week of pregnancy to | 21525 |
| full term, including any relevant information regarding the time | 21526 |
| at which the fetus possibly would be viable. The department shall | 21527 |
| cause these materials to be published only after it consults with | 21528 |
| the Ohio state medical association and the Ohio section of the | 21529 |
| American college of obstetricians and gynecologists relative to | 21530 |
| the probable anatomical and physiological characteristics of a | 21531 |
| zygote, blastocyte, embryo, or fetus at the various gestational | 21532 |
| increments. The materials shall use language that is | 21533 |
| understandable by the average person who is not medically trained, | 21534 |
| shall be objective and nonjudgmental, and shall include only | 21535 |
| accurate scientific information about the zygote, blastocyte, | 21536 |
| embryo, or fetus at the various gestational increments. If the | 21537 |
| materials use a pictorial, photographic, or other depiction to | 21538 |
| provide information regarding the zygote, blastocyte, embryo, or | 21539 |
| fetus, the materials shall include, in a conspicuous manner, a | 21540 |
| scale or other explanation that is understandable by the average | 21541 |
| person and that can be used to determine the actual size of the | 21542 |
| zygote, blastocyte, embryo, or fetus at a particular gestational | 21543 |
| increment as contrasted with the depicted size of the zygote, | 21544 |
| blastocyte, embryo, or fetus at that gestational increment. | 21545 |
| (D) Upon the submission of a request to the department of | 21546 |
| health by any person, hospital, physician, or medical facility for | 21547 |
|
one | 21548 |
| with division (C) of this section, the department shall make the | 21549 |
|
requested | 21550 |
| person, hospital, physician, or medical facility that requested | 21551 |
|
the | 21552 |
| (E) If a medical emergency or medical necessity compels the | 21553 |
| performance or inducement of an abortion, the physician who will | 21554 |
| perform or induce the abortion, prior to its performance or | 21555 |
| inducement if possible, shall inform the pregnant woman of the | 21556 |
| medical indications supporting the physician's judgment that an | 21557 |
| immediate abortion is necessary. Any physician who performs or | 21558 |
| induces an abortion without the prior satisfaction of the | 21559 |
| conditions specified in division (B) of this section because of a | 21560 |
| medical emergency or medical necessity shall enter the reasons for | 21561 |
| the conclusion that a medical emergency or medical necessity | 21562 |
| exists in the medical record of the pregnant woman. | 21563 |
| (F) If the conditions specified in division (B) of this | 21564 |
| section are satisfied, consent to an abortion shall be presumed to | 21565 |
| be valid and effective. | 21566 |
| (G) The performance or inducement of an abortion without the | 21567 |
| prior satisfaction of the conditions specified in division (B) of | 21568 |
| this section does not constitute, and shall not be construed as | 21569 |
| constituting, a violation of division (A) of section 2919.12 of | 21570 |
| the Revised Code. The failure of a physician to satisfy the | 21571 |
| conditions of division (B) of this section prior to performing or | 21572 |
| inducing an abortion upon a pregnant woman may be the basis of | 21573 |
| both of the following: | 21574 |
| (1) A civil action for compensatory and exemplary damages as | 21575 |
| described in division (H) of this section; | 21576 |
| (2) Disciplinary action under section 4731.22 of the Revised | 21577 |
| Code. | 21578 |
| (H)(1) Subject to divisions (H)(2) and (3) of this section, | 21579 |
| any physician who performs or induces an abortion with actual | 21580 |
| knowledge that the conditions specified in division (B) of this | 21581 |
| section have not been satisfied or with a heedless indifference as | 21582 |
| to whether those conditions have been satisfied is liable in | 21583 |
| compensatory and exemplary damages in a civil action to any | 21584 |
| person, or the representative of the estate of any person, who | 21585 |
| sustains injury, death, or loss to person or property as a result | 21586 |
| of the failure to satisfy those conditions. In the civil action, | 21587 |
| the court additionally may enter any injunctive or other equitable | 21588 |
| relief that it considers appropriate. | 21589 |
| (2) The following shall be affirmative defenses in a civil | 21590 |
| action authorized by division (H)(1) of this section: | 21591 |
| (a) The physician performed or induced the abortion under the | 21592 |
| circumstances described in division (E) of this section. | 21593 |
| (b) The physician made a good faith effort to satisfy the | 21594 |
| conditions specified in division (B) of this section. | 21595 |
| | 21596 |
| 21597 | |
| 21598 | |
| 21599 | |
| 21600 | |
| 21601 | |
| 21602 | |
| 21603 | |
| 21604 |
| (3) An employer or other principal is not liable in damages | 21605 |
| in a civil action authorized by division (H)(1) of this section on | 21606 |
| the basis of the doctrine of respondeat superior unless either of | 21607 |
| the following applies: | 21608 |
| (a) The employer or other principal had actual knowledge or, | 21609 |
| by the exercise of reasonable diligence, should have known that an | 21610 |
| employee or agent performed or induced an abortion with actual | 21611 |
| knowledge that the conditions specified in division (B) of this | 21612 |
| section had not been satisfied or with a heedless indifference as | 21613 |
| to whether those conditions had been satisfied. | 21614 |
| (b) The employer or other principal negligently failed to | 21615 |
| secure the compliance of an employee or agent with division (B) of | 21616 |
| this section. | 21617 |
| (4) Notwithstanding division (E) of section 2919.12 of the | 21618 |
| Revised Code, the civil action authorized by division (H)(1) of | 21619 |
| this section shall be the exclusive civil remedy for persons, or | 21620 |
| the representatives of estates of persons, who allegedly sustain | 21621 |
| injury, death, or loss to person or property as a result of a | 21622 |
| failure to satisfy the conditions specified in division (B) of | 21623 |
| this section. | 21624 |
| (I) The department of job and family services shall prepare | 21625 |
| and conduct a public information program to inform women of all | 21626 |
| available governmental programs and agencies that provide services | 21627 |
| or assistance for family planning, prenatal care, child care, or | 21628 |
| alternatives to abortion. | 21629 |
| Sec. 2319.27. Except as section 147.08 of the Revised Code | 21630 |
| governs the fees chargeable by a notary public for services | 21631 |
| rendered in connection with depositions, the fees and expenses | 21632 |
| chargeable for the taking and certifying of a deposition by a | 21633 |
| person who is authorized to do so in this state, including, but | 21634 |
|
not limited to, a | 21635 |
| described in Civil Rule 28, may be established by that person | 21636 |
| subject to the qualification specified in this section, and may be | 21637 |
| different than the fees and expenses charged for the taking and | 21638 |
| certifying of depositions by similar persons in other areas of | 21639 |
| this state. Unless, prior to the taking and certifying of a | 21640 |
| deposition, the parties who request it agree that the fees or | 21641 |
| expenses to be charged may exceed the usual and customary fees or | 21642 |
| expenses charged in the particular community for similar services, | 21643 |
| such a person shall not charge fees or expenses in connection with | 21644 |
| the taking and certifying of the deposition that exceed those | 21645 |
| usual and customary fees and expenses. | 21646 |
| The person taking and certifying a deposition may retain the | 21647 |
|
deposition until the fees and expenses that | 21648 |
|
are paid. | 21649 |
| sheriff or other officer who serves any process in connection with | 21650 |
| the taking of a deposition and the fees of the witnesses, and, if | 21651 |
| directed by a person entitled to those costs or fees, may retain | 21652 |
| the deposition until those costs or fees are paid. | 21653 |
| Sec. 2501.16. (A) Each court of appeals may appoint one or | 21654 |
|
more official | 21655 |
| any other employees that the court considers necessary for its | 21656 |
| efficient operation. | 21657 |
| The clerk of the court of common pleas, acting as the clerk | 21658 |
| of the court of appeals for the county, shall perform the duties | 21659 |
| otherwise performed and collect the fees otherwise collected by | 21660 |
| the clerk of the court of common pleas, as set forth in section | 21661 |
| 2303.03 of the Revised Code, and shall maintain the files and | 21662 |
| records of the court. The clerk of the court of common pleas, | 21663 |
| acting as the clerk of the court of appeals for the county, may | 21664 |
| refuse to accept for filing any pleading or paper submitted for | 21665 |
| filing by a person who has been found to be a vexatious litigator | 21666 |
| under section 2323.52 of the Revised Code and who has failed to | 21667 |
| obtain leave from the court of appeals to proceed under that | 21668 |
| section. The overhead expenses pertaining to the office of the | 21669 |
| clerk of the court of common pleas that result from the clerk's | 21670 |
| acting as clerk of the court of appeals for the county, other than | 21671 |
| wages and salaries, shall be paid from the funds provided under | 21672 |
| sections 2501.18 and 2501.181 of the Revised Code. | 21673 |
| Each officer and employee appointed pursuant to this section | 21674 |
| shall take an oath of office, serve at the pleasure of the court, | 21675 |
|
and perform any duties that the court directs. Each
| 21676 |
| reporter shall have the powers that are vested in official | 21677 |
| 21678 | |
| 2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per | 21679 |
| curiam, or report of a case has been prepared in accordance with | 21680 |
|
section 2503.20 of the Revised Code, the official
| 21681 |
| reporter immediately shall forward one copy of the opinion, per | 21682 |
| curiam, or report to the reporter of the supreme court, without | 21683 |
| expense to the reporter. | 21684 |
| (B) The court of appeals may determine that, for the | 21685 |
| efficient operation of the court, additional funds are necessary | 21686 |
| to acquire and pay for special projects of the court, including, | 21687 |
| but not limited to, the acquisition of additional facilities or | 21688 |
| the rehabilitation of existing facilities, the acquisition of | 21689 |
| equipment, the hiring and training of staff, the employment of | 21690 |
| magistrates, the training and education of judges, acting judges, | 21691 |
| and magistrates, community service programs, and other related | 21692 |
| services. Upon that determination, the court by rule may charge a | 21693 |
| fee, in addition to all other court costs, on the filing of each | 21694 |
| case or cause over which the court has jurisdiction. | 21695 |
| If the court of appeals offers a special program or service | 21696 |
| in cases of a specific type, the court by rule may assess an | 21697 |
| additional charge in a case of that type, over and above court | 21698 |
| costs, to cover the special program or service. The court shall | 21699 |
| adjust the special assessment periodically, but not retroactively, | 21700 |
| so that the amount assessed in those cases does not exceed the | 21701 |
| actual cost of providing the service or program. | 21702 |
| All moneys collected under division (B) of this section shall | 21703 |
| be paid to the county treasurer of the county selected as the | 21704 |
| principal seat of that court of appeals for deposit into either a | 21705 |
| general special projects fund or a fund established for a specific | 21706 |
| special project. Moneys from a fund of that nature shall be | 21707 |
| disbursed upon an order of the court in an amount no greater than | 21708 |
| the actual cost to the court of a project. If a specific fund is | 21709 |
| terminated because of the discontinuance of a program or service | 21710 |
| established under division (B) of this section, the court may | 21711 |
| order that moneys remaining in the fund be transferred to an | 21712 |
| account established under this division for a similar purpose. | 21713 |
| Sec. 2501.17. Each officer and employee of a court of | 21714 |
| appeals appointed under section 2501.16 of the Revised Code shall | 21715 |
| receive the compensation that is fixed by the court of appeals and | 21716 |
| payable from the state treasury upon the certificate of the | 21717 |
| presiding or administrative judge of the district in which the | 21718 |
| officer or employee serves. The additional amount of compensation | 21719 |
| that the clerk of the court of common pleas receives for acting as | 21720 |
|
the clerk of the court of appeals in | 21721 |
| assuming the duties of that office and that is equal to one-eighth | 21722 |
|
of the annual compensation that | 21723 |
| sections 325.08 and 325.18 of the Revised Code for being the clerk | 21724 |
| of the court of common pleas is payable from the state treasury | 21725 |
| upon the certificate of the presiding or administrative judge of | 21726 |
| the district in which the clerk serves. | 21727 |
| | 21728 |
| compensation for transcripts of evidence, the fee for the | 21729 |
| transcripts to be fixed by the judges of the court of appeals and | 21730 |
| paid and collected in the same manner as the fees for transcripts | 21731 |
|
furnished by official
| 21732 |
|
pleas under section 2301.24 of the Revised Code. | 21733 |
| 21734 | |
| shall receive a per diem compensation of not less than thirty | 21735 |
|
dollars per day. All | 21736 |
| actual expenses for traveling when attending court in any county | 21737 |
| other than that in which they reside, to be paid as provided by | 21738 |
|
section | 21739 |
| Sec. 2743.01. As used in this chapter: | 21740 |
| (A) | 21741 |
| Revised Code, "state" means the state of Ohio, including, but not | 21742 |
| limited to, the general assembly, the supreme court, the offices | 21743 |
| of all elected state officers, and all departments, boards, | 21744 |
| offices, commissions, agencies, institutions, and other | 21745 |
| instrumentalities of the state. "State" does not include political | 21746 |
| subdivisions. | 21747 |
| (B) "Political subdivisions" means municipal corporations, | 21748 |
| townships, counties, school districts, and all other bodies | 21749 |
| corporate and politic responsible for governmental activities only | 21750 |
| in geographic areas smaller than that of the state to which the | 21751 |
| sovereign immunity of the state attaches. | 21752 |
| (C) "Claim for an award of reparations" or "claim" means a | 21753 |
| claim for an award of reparations made under sections 2743.51 to | 21754 |
| 2743.72 of the Revised Code. | 21755 |
| (D) "Award of reparations" or "award" means an award made | 21756 |
| under sections 2743.51 to 2743.72 of the Revised Code. | 21757 |
| (E)(1) "Public duty" includes, but is not limited to, any | 21758 |
| statutory, regulatory, or assumed duty concerning any action or | 21759 |
| omission of the state involving any of the following: | 21760 |
| (a) Permitting, certifying, licensing, inspecting, | 21761 |
| investigating, supervising, regulating, auditing, monitoring, law | 21762 |
| enforcement, or emergency response activity; | 21763 |
| (b) Supervising, rehabilitating, or liquidating corporations | 21764 |
| or other business entities. | 21765 |
| (2) "Public duty" does not include any action of the state | 21766 |
| under circumstances in which a special relationship can be | 21767 |
| established between the state and an injured party as provided in | 21768 |
| division (A)(3) of section 2743.02 of the Revised Code. | 21769 |
| Sec. 2743.02. (A)(1) The state hereby waives its immunity | 21770 |
| from liability, except as provided for the office of the state | 21771 |
| fire marshal in division (G)(1) of section 9.60 and division (B) | 21772 |
| of section 3737.221 of the Revised Code and subject to division | 21773 |
| (H) of this section, and consents to be sued, and have its | 21774 |
| liability determined, in the court of claims created in this | 21775 |
| chapter in accordance with the same rules of law applicable to | 21776 |
| suits between private parties, except that the determination of | 21777 |
| liability is subject to the limitations set forth in this chapter | 21778 |
| and, in the case of state universities or colleges, in section | 21779 |
| 3345.40 of the Revised Code, except that the determination of | 21780 |
| liability of the department of transportation is subject to | 21781 |
| sections 2743.021 and 2743.022 of the Revised Code, and except as | 21782 |
| provided in division (A)(2) or (3) of this section. To the extent | 21783 |
| that the state has previously consented to be sued, this chapter | 21784 |
| has no applicability. | 21785 |
| Except in the case of a civil action filed by the state, | 21786 |
| filing a civil action in the court of claims results in a complete | 21787 |
| waiver of any cause of action, based on the same act or omission, | 21788 |
| 21789 | |
| as defined in section 109.36 of the Revised Code. The waiver shall | 21790 |
| be void if the court determines that the act or omission was | 21791 |
| manifestly outside the scope of the officer's or employee's office | 21792 |
| or employment or that the officer or employee acted with malicious | 21793 |
| purpose, in bad faith, or in a wanton or reckless manner. | 21794 |
| (2) If a claimant proves in the court of claims that an | 21795 |
| officer or employee, as defined in section 109.36 of the Revised | 21796 |
| Code, would have personal liability for the officer's or | 21797 |
| employee's acts or omissions but for the fact that the officer or | 21798 |
| employee has personal immunity under section 9.86 of the Revised | 21799 |
| Code, the state shall be held liable in the court of claims in any | 21800 |
| action that is timely filed pursuant to section 2743.16 of the | 21801 |
| Revised Code and that is based upon the acts or omissions. | 21802 |
| (3)(a) Except as provided in division (A)(3)(b) of this | 21803 |
| section, the state is immune from liability in any civil action or | 21804 |
| proceeding involving the performance or nonperformance of a public | 21805 |
| duty, including the performance or nonperformance of a public duty | 21806 |
| that is owed by the state in relation to any action of an | 21807 |
| individual who is committed to the custody of the state. | 21808 |
| (b) The state immunity provided in division (A)(3)(a) of this | 21809 |
| section does not apply to any action of the state under | 21810 |
| circumstances in which a special relationship can be established | 21811 |
| between the state and an injured party. A special relationship | 21812 |
| under this division is demonstrated if all of the following | 21813 |
| elements exist: | 21814 |
| (i) An assumption by the state, by means of promises or | 21815 |
| actions, of an affirmative duty to act on behalf of the party who | 21816 |
| was allegedly injured; | 21817 |
| (ii) Knowledge on the part of the state's agents that | 21818 |
| inaction of the state could lead to harm; | 21819 |
| (iii) Some form of direct contact between the state's agents | 21820 |
| and the injured party; | 21821 |
| (iv) The injured party's justifiable reliance on the state's | 21822 |
| affirmative undertaking. | 21823 |
| (B) The state hereby waives the immunity from liability of | 21824 |
| all hospitals owned or operated by one or more political | 21825 |
| subdivisions and consents for them to be sued, and to have their | 21826 |
| liability determined, in the court of common pleas, in accordance | 21827 |
| with the same rules of law applicable to suits between private | 21828 |
| parties, subject to the limitations set forth in this chapter. | 21829 |
| This division is also applicable to hospitals owned or operated by | 21830 |
|
political subdivisions | 21831 |
| supreme court to be subject to suit prior to July 28, 1975. | 21832 |
| (C) Any hospital, as defined in section 2305.113 of the | 21833 |
| Revised Code, may purchase liability insurance covering its | 21834 |
| operations and activities and its agents, employees, nurses, | 21835 |
| interns, residents, staff, and members of the governing board and | 21836 |
| committees, and, whether or not such insurance is purchased, may, | 21837 |
|
to | 21838 |
| appropriate, indemnify or agree to indemnify and hold harmless any | 21839 |
| such person against expense, including attorney's fees, damage, | 21840 |
| loss, or other liability arising out of, or claimed to have arisen | 21841 |
| out of, the death, disease, or injury of any person as a result of | 21842 |
| the negligence, malpractice, or other action or inaction of the | 21843 |
| indemnified person while acting within the scope of the | 21844 |
| indemnified person's duties or engaged in activities at the | 21845 |
| request or direction, or for the benefit, of the hospital. Any | 21846 |
|
hospital electing to indemnify
| 21847 |
|
so indemnify, shall reserve | 21848 |
| in the exercise of sound and prudent actuarial judgment, to cover | 21849 |
| the potential expense, fees, damage, loss, or other liability. The | 21850 |
|
superintendent of insurance may recommend, or, if | 21851 |
| hospital requests the superintendent to do so, the superintendent | 21852 |
| shall recommend, a specific amount for any period that, in the | 21853 |
| superintendent's opinion, represents such a judgment. This | 21854 |
| authority is in addition to any authorization otherwise provided | 21855 |
| or permitted by law. | 21856 |
| (D) Recoveries against the state shall be reduced by the | 21857 |
| aggregate of insurance proceeds, disability award, or other | 21858 |
| collateral recovery received by the claimant. This division does | 21859 |
| not apply to civil actions in the court of claims against a state | 21860 |
| university or college under the circumstances described in section | 21861 |
| 3345.40 of the Revised Code. The collateral benefits provisions of | 21862 |
| division (B)(2) of that section apply under those circumstances. | 21863 |
| (E) The only defendant in original actions in the court of | 21864 |
| claims is the state. The state may file a third-party complaint or | 21865 |
|
counterclaim in any civil action, except a civil action for | 21866 |
| ten thousand | 21867 |
| court of claims. | 21868 |
| (F) A civil action against an officer or employee, as defined | 21869 |
| in section 109.36 of the Revised Code, that alleges that the | 21870 |
| officer's or employee's conduct was manifestly outside the scope | 21871 |
| of the officer's or employee's employment or official | 21872 |
| responsibilities, or that the officer or employee acted with | 21873 |
| malicious purpose, in bad faith, or in a wanton or reckless manner | 21874 |
|
shall first be filed against the state in the court of claims | 21875 |
| 21876 | |
| initially, whether the officer or employee is entitled to personal | 21877 |
| immunity under section 9.86 of the Revised Code and whether the | 21878 |
| courts of common pleas have jurisdiction over the civil action. | 21879 |
| The officer or employee may participate in the immunity | 21880 |
| determination proceeding before the court of claims to determine | 21881 |
| whether the officer or employee is entitled to personal immunity | 21882 |
| under section 9.86 of the Revised Code. | 21883 |
| The filing of a claim against an officer or employee under | 21884 |
| this division tolls the running of the applicable statute of | 21885 |
| limitations until the court of claims determines whether the | 21886 |
| officer or employee is entitled to personal immunity under section | 21887 |
| 9.86 of the Revised Code. | 21888 |
| (G) | 21889 |
| who is a member of the Ohio national guard, and the officer or | 21890 |
| employee was, at the time of the act or omission complained of, | 21891 |
| subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 | 21892 |
|
U.S.C. 2671, et seq., | 21893 |
| exclusive remedy of the claimant and the state has no liability | 21894 |
| under this section. | 21895 |
| (H) If an inmate of a state correctional institution has a | 21896 |
| claim against the state for the loss of or damage to property and | 21897 |
| the amount claimed does not exceed three hundred dollars, before | 21898 |
| commencing an action against the state in the court of claims, the | 21899 |
| inmate shall file a claim for the loss or damage under the rules | 21900 |
| adopted by the director of rehabilitation and correction pursuant | 21901 |
| to this division. The inmate shall file the claim within the time | 21902 |
| allowed for commencement of a civil action under section 2743.16 | 21903 |
| of the Revised Code. If the state admits or compromises the claim, | 21904 |
| the director shall make payment from a fund designated by the | 21905 |
| director for that purpose. If the state denies the claim or does | 21906 |
| not compromise the claim at least sixty days prior to expiration | 21907 |
| of the time allowed for commencement of a civil action based upon | 21908 |
| the loss or damage under section 2743.16 of the Revised Code, the | 21909 |
| inmate may commence an action in the court of claims under this | 21910 |
| chapter to recover damages for the loss or damage. | 21911 |
| The director of rehabilitation and correction shall adopt | 21912 |
| rules pursuant to Chapter 119. of the Revised Code to implement | 21913 |
| this division. | 21914 |
| Sec. 2743.021. (A) As used in this section and section | 21915 |
| 2743.022 of the Revised Code: | 21916 |
| (1)(a) "Governmental function" means a function of the | 21917 |
| department of transportation that is specified in division | 21918 |
| (A)(1)(b) of this section or that satisfies any of the following: | 21919 |
| (i) A function that is imposed upon the state as an | 21920 |
| obligation of sovereignty and is performed by the department of | 21921 |
| transportation voluntarily or pursuant to legislative requirement; | 21922 |
| (ii) A function that is for the common good of all citizens | 21923 |
| of the state; | 21924 |
| (iii) A function that promotes or preserves the public peace, | 21925 |
| health, safety, or welfare and that involves activities that are | 21926 |
| not engaged in or not customarily engaged in by nongovernmental | 21927 |
| persons. | 21928 |
| (b) "Governmental function" includes, but is not limited to, | 21929 |
| the following functions insofar as they are within the | 21930 |
| jurisdiction of the department of transportation: | 21931 |
| (i) The provision or nonprovision of roadway services; | 21932 |
| (ii) The regulation of the use of, and the design, | 21933 |
| construction, reconstruction, repair, renovation, and maintenance | 21934 |
| of roads, highways, streets, avenues, alleys, sidewalks, bridges, | 21935 |
| culverts, aqueducts, viaducts, and public grounds; | 21936 |
| (iii) Quasi-judicial, prosecutorial, and quasi-legislative | 21937 |
| functions, including, but not limited to, permitting functions; | 21938 |
| (iv) The design, construction, reconstruction, repair, | 21939 |
| renovation, maintenance, and operation of buildings that are used | 21940 |
| in connection with the performance of a governmental function, | 21941 |
| including, but not limited to, office buildings, garage | 21942 |
| facilities, and rest areas; | 21943 |
| (v) The enforcement or nonperformance of any law; | 21944 |
| (vi) The regulation of traffic and the erection or | 21945 |
| nonerection of traffic signs, signals, or control devices; | 21946 |
| (vii) The collection and disposal of solid wastes, as defined | 21947 |
| in section 3734.01 of the Revised Code; | 21948 |
| (viii) The provision or nonprovision, planning or design, | 21949 |
| construction, or reconstruction of a public improvement, | 21950 |
| including, but not limited to, a sewer system; | 21951 |
| (ix) The provision or nonprovision of inspection services of | 21952 |
| all types, including, but not limited to, inspections in | 21953 |
| connection with building, zoning, sanitation, fire, plumbing, and | 21954 |
| electrical codes, and the taking of actions in connection with | 21955 |
| those types of codes, including, but not limited to, the approval | 21956 |
| of plans for the construction of buildings or structures and the | 21957 |
| issuance or revocation of building permits or stop work orders in | 21958 |
| connection with buildings or structures; | 21959 |
| (x) Flood control measures; | 21960 |
| (xi) The issuance of revenue obligations; | 21961 |
| (xii) The design, construction, reconstruction, renovation, | 21962 |
| repair, maintenance, and operation of any recreational area or | 21963 |
| facility incident to a highway improvement; | 21964 |
| (xiii) A function that the general assembly requires the | 21965 |
| department of transportation to perform, including, but not | 21966 |
| limited to, any duties, powers, and functions that are conferred | 21967 |
| by law on the department of transportation or the director, the | 21968 |
| assistant directors, the deputy directors, or the divisions of the | 21969 |
| department under Title LV of the Revised Code. | 21970 |
| (2) "Proprietary function" means a function of the department | 21971 |
| of transportation that satisfies both of the following: | 21972 |
| (a) The function is not one described in division | 21973 |
| (A)(1)(a)(i) or (ii) of this section and is not one specified in | 21974 |
| division (A)(1)(b) of this section; | 21975 |
| (b) The function is one that promotes or preserves the public | 21976 |
| peace, health, safety, or welfare and that involves activities | 21977 |
| that are customarily engaged in by nongovernmental persons. | 21978 |
| (B)(1) Notwithstanding any provision in this chapter, the | 21979 |
| liability of the department of transportation for damages in a | 21980 |
| civil action for injury, death, or loss to person or property | 21981 |
| allegedly caused by any act or omission of the department of | 21982 |
| transportation or of any of its officers or employees in | 21983 |
| connection with a governmental or proprietary function shall be | 21984 |
| determined in accordance with this section and section 2743.022 of | 21985 |
| the Revised Code. | 21986 |
| (2) Except as provided in division (C) of this section, the | 21987 |
| department of transportation is not liable in damages in a civil | 21988 |
| action for injury, death, or loss to person or property allegedly | 21989 |
| caused by any act or omission of the department of transportation | 21990 |
| or of any of its officers or employees in connection with a | 21991 |
| governmental or proprietary function. | 21992 |
| (C) Subject to section 2743.022 of the Revised Code, the | 21993 |
| department of transportation is liable in damages in a civil | 21994 |
| action for injury, death, or loss to person or property shown to | 21995 |
| be caused by a preponderance of the evidence by any act or | 21996 |
| omission of the department of transportation or of any of its | 21997 |
| officers or employees in connection with a governmental or | 21998 |
| proprietary function, as follows: | 21999 |
| (1) The department of transportation is liable for injury, | 22000 |
| death, or loss to person or property caused by the negligent | 22001 |
| operation of any motor vehicle by any of its officers or employees | 22002 |
| while the officer or employee is engaged within the officer's or | 22003 |
| employee's scope of employment and authority. | 22004 |
| (2) The department of transportation is liable for injury, | 22005 |
| death, or loss to person or property caused by the negligent | 22006 |
| performance of acts by any of its officers or employees with | 22007 |
| respect to proprietary functions of the department of | 22008 |
| transportation. | 22009 |
| (3)(a) The department of transportation is liable for injury, | 22010 |
| death, or loss to person or property caused by its negligent | 22011 |
| failure to keep roads or highways under the jurisdiction of the | 22012 |
| department in repair and other negligent failure to remove | 22013 |
| obstructions from roads or highways under the jurisdiction of the | 22014 |
| department. | 22015 |
| (b) As used in division (C)(3)(a) of this section, "road" and | 22016 |
| "highway" have the same meanings as in section 5501.01 of the | 22017 |
| Revised Code but do not include berms, shoulders, rights-of-way, | 22018 |
| or traffic control devices unless the traffic control devices are | 22019 |
| mandated by the Ohio manual of uniform traffic control devices. | 22020 |
| (4) The department of transportation is liable for injury, | 22021 |
| death, or loss to person or property that is caused by the | 22022 |
| negligence of any of its officers or employees and that occurs | 22023 |
| within or on the grounds of, and is due to patent physical defects | 22024 |
| within or on the grounds of, buildings that are used in connection | 22025 |
| with the performance of a governmental function of the department | 22026 |
| of transportation. | 22027 |
| (5) In addition to the circumstances described in divisions | 22028 |
| (C)(1) to (4) of this section, the department of transportation is | 22029 |
| liable for injury, death, or loss to person or property when civil | 22030 |
| liability is expressly imposed upon the department of | 22031 |
| transportation by a section of the Revised Code. Civil liability | 22032 |
| shall not be construed to exist under another section of the | 22033 |
| Revised Code merely because that section imposes a responsibility | 22034 |
| or mandatory duty upon the department of transportation, because | 22035 |
| that section provides for a criminal penalty, because of a general | 22036 |
| authorization in that section that the department of | 22037 |
| transportation may sue and be sued, or because that section uses | 22038 |
| the term "shall" in a provision pertaining to the department of | 22039 |
| transportation. | 22040 |
| Sec. 2743.022. (A) In a civil action brought against the | 22041 |
| department of transportation or an officer or employee of the | 22042 |
| department to recover damages for injury, death, or loss to person | 22043 |
| or property allegedly caused by any act or omission in connection | 22044 |
| with a governmental or proprietary function, the following | 22045 |
| defenses or immunities may be asserted to establish nonliability: | 22046 |
| (1) The department is immune from liability if the officer or | 22047 |
| employee involved was engaged in the performance of a | 22048 |
| quasi-judicial, prosecutorial, or quasi-legislative function. | 22049 |
| (2) The department is immune from liability if the conduct of | 22050 |
| the officer or employee involved, other than negligent conduct, | 22051 |
| that gave rise to the claim of liability was required by law or | 22052 |
| authorized by law, or if the conduct of the officer or employee | 22053 |
| involved that gave rise to the claim of liability was necessary or | 22054 |
| essential to the exercise of the powers of the department or the | 22055 |
| officer or employee. | 22056 |
| (3) The department is immune from liability if the action or | 22057 |
| failure to act by the officer or employee involved that gave rise | 22058 |
| to the claim of liability was within the discretion of the officer | 22059 |
| or employee with respect to policy-making, planning, or | 22060 |
| enforcement powers by virtue of the duties and responsibilities of | 22061 |
| the office or position of the officer or employee. | 22062 |
| (4) The department is immune from liability if the injury, | 22063 |
| death, or loss to person or property resulted from the exercise of | 22064 |
| judgment or discretion in determining whether to acquire, or how | 22065 |
| to use, equipment, supplies, materials, personnel, facilities, and | 22066 |
| other resources unless the judgment or discretion was exercised | 22067 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 22068 |
| manner. | 22069 |
| (5) The officer or employee of the department of | 22070 |
| transportation is immune from liability unless one of the | 22071 |
| following applies: | 22072 |
| (a) The officer's or employee's acts or omissions were | 22073 |
| manifestly outside the scope of the officer's or employee's | 22074 |
| employment or official responsibilities. | 22075 |
| (b) The officer's or employee's acts or omissions were with | 22076 |
| malicious purpose, in bad faith, or in a wanton or reckless | 22077 |
| manner. | 22078 |
| (c) Civil liability is expressly imposed upon the officer or | 22079 |
| employee by a section of the Revised Code. Civil liability shall | 22080 |
| not be construed to exist under another section of the Revised | 22081 |
| Code merely because that section imposes a responsibility or | 22082 |
| mandatory duty upon an officer or employee, because that section | 22083 |
| provides for a criminal penalty, because of a general | 22084 |
| authorization in that section that an officer or employee may sue | 22085 |
| and be sued, or because the section uses the term "shall" in a | 22086 |
| provision pertaining to an officer or employee. | 22087 |
| (B) Any immunity or defense conferred upon an officer or | 22088 |
| employee of the department of transportation by division (A)(5) of | 22089 |
| this section does not affect or limit any liability of the | 22090 |
| department of transportation for an act or omission of the officer | 22091 |
| or employee as provided in section 2743.021 of the Revised Code. | 22092 |
| (C) An order that denies the department of transportation or | 22093 |
| an officer or employee of the department the benefit of an alleged | 22094 |
| immunity from liability as provided in this section or any other | 22095 |
| provision of the law is a final order. | 22096 |
| Sec. 2743.09. The clerk of the court of claims shall do all | 22097 |
| of the following: | 22098 |
| (A) Administer oaths and take and certify affidavits, | 22099 |
| depositions, and acknowledgments of powers of attorney and other | 22100 |
| instruments in writing; | 22101 |
| (B) Prepare the dockets, enter and record the orders, | 22102 |
| judgments, decisions, awards, and proceedings of the court of | 22103 |
| claims and the court of claims commissioners, and issue writs and | 22104 |
| process; | 22105 |
| (C) Maintain an office in Franklin county in rooms provided | 22106 |
| by the supreme court for that purpose; | 22107 |
| (D) Keep an appearance docket of civil actions, claims for an | 22108 |
| award of reparations, and appeals from decisions of the court of | 22109 |
| claims commissioners. The clerk may refuse to accept for filing | 22110 |
| any pleading or paper that relates to a civil action in the court | 22111 |
| of claims and that is submitted for filing by a person who has | 22112 |
| been found to be a vexatious litigator under section 2323.52 of | 22113 |
| the Revised Code and who has failed to obtain leave to proceed | 22114 |
| under that section. | 22115 |
| Upon the commencement of an action or claim, the clerk shall | 22116 |
| assign it a number. This number shall be placed on the first page, | 22117 |
| and every continuation page, of the appearance docket that | 22118 |
| concerns the particular action or claim. In addition, this number | 22119 |
|
and the names of the parties shall be placed on the case file | 22120 |
| every paper filed in the action or claim. | 22121 |
| At the time the action is commenced the clerk shall enter in | 22122 |
| the appearance docket the names of the parties in full and the | 22123 |
| names of counsel and shall index the action alphabetically by the | 22124 |
| last name of each party. Thereafter, the clerk shall | 22125 |
| chronologically note in the appearance docket all process issued | 22126 |
| and returns, pleas, motions, papers filed in the action, orders, | 22127 |
| verdicts, and judgments. The notations shall be brief but shall | 22128 |
| show the date of filing, substance, and journal volume and page of | 22129 |
| each order, verdict, and judgment. An action is commenced for | 22130 |
| purposes of this division by the filing of a complaint, including | 22131 |
| a form complaint under section 2743.10 of the Revised Code or a | 22132 |
| petition for removal. | 22133 |
| At the time an appeal for an award of reparations is | 22134 |
| commenced, the clerk shall enter the full names of the claimant, | 22135 |
| the victim, and the attorneys in the appearance docket and shall | 22136 |
| index the claim alphabetically by the last name of the claimant | 22137 |
| and the victim. Thereafter, the clerk shall chronologically note | 22138 |
| in the appearance docket all process issued and returns, motions, | 22139 |
| papers filed in the claim, orders, decisions, and awards. The | 22140 |
| notations shall be brief but shall show the date of filing, | 22141 |
| substance, and journal volume and page of each order. | 22142 |
| (E) Keep all original papers filed in an action or claim in a | 22143 |
| separate file folder and a journal in which all orders, verdicts, | 22144 |
| and judgments of the court and commissioners shall be recorded; | 22145 |
| (F) Charge and collect fees pursuant to section 2303.20 of | 22146 |
| the Revised Code, keep a cashbook in which the clerk shall enter | 22147 |
| the amounts received, make a report to the clerk of the supreme | 22148 |
| court each quarter of the fees received during the preceding | 22149 |
| quarter, and pay them monthly into the state treasury; | 22150 |
| (G) Appoint | 22151 |
| clerical personnel; | 22152 |
| (H) Under the direction of the chief justice, establish | 22153 |
| procedures for hearing and determining appeals for an award of | 22154 |
| reparations pursuant to sections 2743.51 to 2743.72 of the Revised | 22155 |
| Code. | 22156 |
| Sec. 2743.10. (A) Civil actions against the state for | 22157 |
| ten thousand | 22158 |
| administratively by the clerk of the court of claims, except that | 22159 |
| the clerk is not required to administratively determine a civil | 22160 |
| action of that nature if the civil action was commenced by a | 22161 |
| person who has been found to be a vexatious litigator under | 22162 |
| section 2323.52 of the Revised Code and who has failed to obtain | 22163 |
| leave to proceed under that section and if the clerk refused | 22164 |
| pursuant to division (D) of section 2743.09 of the Revised Code to | 22165 |
| accept for filing any pleading or paper that relates to the civil | 22166 |
| action and that was submitted for filing by that person and except | 22167 |
| that all civil actions against the state that have been removed to | 22168 |
| the court of claims shall be heard and determined by a judge of | 22169 |
| the court of claims. | 22170 |
| (B) Civil actions covered by division (A) of this section | 22171 |
| shall be commenced by filing with the clerk on complaint forms | 22172 |
| prescribed by the supreme court. The clerk shall forward copies of | 22173 |
| the form complaint to the attorney general and the state | 22174 |
| department, board, office, commission, agency, institution, or | 22175 |
| other instrumentality whose actions or failure to act are the | 22176 |
| subject of complaint. The latter shall investigate the allegations | 22177 |
| made in the form complaint and report the results of its | 22178 |
| investigation to the clerk within sixty days of receipt of a copy | 22179 |
| of the form complaint. The clerk shall forward a copy of the | 22180 |
| report to the claimant and give the claimant an opportunity to | 22181 |
| respond to the report either in writing or by appearing before the | 22182 |
| clerk. | 22183 |
| (C) The clerk shall determine the civil action covered by | 22184 |
| division (A) of this section and make a report of the decision, | 22185 |
| together with findings of fact and conclusions of law, copies of | 22186 |
| which shall be mailed to the claimant and the state | 22187 |
| instrumentality. Except as otherwise provided in this division, | 22188 |
| the determination shall be based upon principles of law applicable | 22189 |
| in the court of claims, including, but not limited to, section | 22190 |
| 3345.40 of the Revised Code if a state university or college is a | 22191 |
| defendant in the court of claims. | 22192 |
| Rules of evidence shall not be applicable in the | 22193 |
| determination. Procedures shall be governed by rules promulgated | 22194 |
| by the clerk, shall be informal, and shall be designed to | 22195 |
| accommodate persons who are not skilled in the law. | 22196 |
| (D) Upon the motion of a party, the court of claims shall | 22197 |
| review the determination of the clerk upon the clerk's report and | 22198 |
| papers filed in the action and shall enter judgment consistent | 22199 |
| with its findings. The judgment shall not be the subject of | 22200 |
| further appeal. No civil action arising out of the same | 22201 |
| transaction or set of facts may be commenced by the claimant in | 22202 |
| the court of claims. | 22203 |
| (E) The determination of the clerk pursuant to division (C) | 22204 |
| of this section shall be processed pursuant to section 2743.19 of | 22205 |
| the Revised Code as if it were a judgment. | 22206 |
| Sec. 2743.48. (A) As used in this section and section | 22207 |
| 2743.49 of the Revised Code, a "wrongfully imprisoned individual" | 22208 |
| means an individual who satisfies each of the following: | 22209 |
| (1) The individual was charged with a violation of a section | 22210 |
|
of the Revised Code by an indictment or information | 22211 |
| 22212 | |
| aggravated felony or felony. | 22213 |
| (2) The individual was found guilty of | 22214 |
| 22215 | |
| the court or jury involved, the offender did not plead guilty to | 22216 |
| the particular charge or a lesser-included offense, whether or not | 22217 |
| the guilty plea was accepted or invalidated by the court, and the | 22218 |
| offense of which the individual was found guilty was an aggravated | 22219 |
| felony or felony. | 22220 |
| (3) The individual was sentenced to an indefinite or definite | 22221 |
| term of imprisonment in a state correctional institution for the | 22222 |
| offense of which the individual was found guilty. | 22223 |
| (4) The individual's conviction was vacated or was dismissed, | 22224 |
| or reversed on appeal, the prosecuting attorney in the case cannot | 22225 |
| or will not seek any further appeal of right or upon leave of | 22226 |
| court, and no criminal proceeding is pending, can be brought, or | 22227 |
| will be brought by any prosecuting attorney, city director of law, | 22228 |
| village solicitor, or other chief legal officer of a municipal | 22229 |
| corporation against the individual for any act associated with | 22230 |
| that conviction. | 22231 |
| (5) Subsequent to sentencing and during or subsequent to | 22232 |
|
imprisonment, | 22233 |
| 22234 | |
| associated with the individual's conviction that the offense | 22235 |
| 22236 | |
| lesser-included offenses, either was not committed by the | 22237 |
| individual or was not committed by any person. | 22238 |
| (B)(1) | 22239 |
| a wrongfully imprisoned individual in the court of common pleas | 22240 |
| associated with the person's conviction. That civil action shall | 22241 |
| be separate from the underlying finding of guilt by that court of | 22242 |
| common pleas. There is no right to a jury trial in that action. | 22243 |
| The prosecuting attorney of that county shall be served with a | 22244 |
| copy of the complaint and shall defend all civil actions to | 22245 |
| determine a person to be a wrongfully imprisoned individual under | 22246 |
| this section. Upon the filing of a civil action to be determined a | 22247 |
| wrongfully imprisoned individual, the attorney general shall also | 22248 |
| be served with a copy of the complaint and shall be heard. | 22249 |
| (2) Before a person may be determined to be a wrongfully | 22250 |
| imprisoned individual, the person shall prove to the court of | 22251 |
| common pleas associated with the person's conviction that at the | 22252 |
| time of the offense the person was not engaging in any other | 22253 |
| criminal conduct arising out of that offense. | 22254 |
| (3) When the court of common pleas associated with the | 22255 |
|
person's conviction determines | 22256 |
| a separate civil action that a person is a wrongfully imprisoned | 22257 |
| individual, the court shall provide the person with a copy of this | 22258 |
| section and orally inform the person and the person's attorney of | 22259 |
| the person's rights under this section to commence a civil action | 22260 |
| against the state in the court of claims because of the person's | 22261 |
|
wrongful imprisonment | 22262 |
| 22263 |
| | 22264 |
| section shall notify the clerk of the court of claims, in writing | 22265 |
| and within seven days after the date of the entry of its | 22266 |
| determination that the person is a wrongfully imprisoned | 22267 |
| individual, of the name and proposed mailing address of the person | 22268 |
| and of the fact that the person has the rights to commence a civil | 22269 |
| action and to have legal representation as provided in this | 22270 |
| section. The clerk of the court of claims shall maintain in the | 22271 |
| clerk's office a list of wrongfully imprisoned individuals for | 22272 |
| whom notices are received under this section and shall create | 22273 |
| files in the clerk's office for each such individual. | 22274 |
| | 22275 |
| 22276 | |
| 22277 | |
| court of claims and the finding by the court of claims of the | 22278 |
| number of days of wrongful imprisonment in a state correctional | 22279 |
| institution, the clerk of the court of claims shall forward a | 22280 |
| preliminary judgment to the president of the controlling board | 22281 |
| requesting the payment of fifty per cent of the amount described | 22282 |
| in division (E)(2)(b) of this section to the wrongfully imprisoned | 22283 |
| individual. The board shall take all actions necessary to cause | 22284 |
| the payment of that amount out of the emergency purposes special | 22285 |
| purpose account of the board. | 22286 |
| (6) If an individual was serving at the time of the wrongful | 22287 |
| imprisonment concurrent sentences on other convictions that were | 22288 |
| not vacated, dismissed, or reversed on appeal, the individual is | 22289 |
| not eligible for compensation as described in this section for any | 22290 |
| portion of that wrongful imprisonment that occurred during a | 22291 |
| concurrent sentence of that nature. | 22292 |
| (C) | 22293 |
| 22294 | |
| 22295 |
| | 22296 |
|
of a court determination as described in division (B) | 22297 |
| this section does not commence a civil action under this section | 22298 |
| within six months after the entry of that determination, the clerk | 22299 |
| of the court of claims shall send a letter to the wrongfully | 22300 |
| imprisoned individual, at the address set forth in the notice | 22301 |
| received from the court of common pleas pursuant to division | 22302 |
|
(B) | 22303 |
| wrongfully imprisoned individual, that reminds the wrongfully | 22304 |
| imprisoned individual of the wrongfully imprisoned individual's | 22305 |
| rights under this section. Until the statute of limitations | 22306 |
| provided in division (H) of this section expires and unless the | 22307 |
| wrongfully imprisoned individual commences a civil action under | 22308 |
| this section, the clerk of the court of claims shall send a | 22309 |
| similar letter in a similar manner to the wrongfully imprisoned | 22310 |
| individual at least once each three months after the sending of | 22311 |
| the first reminder. | 22312 |
| (D) Notwithstanding any provisions of this chapter to the | 22313 |
| contrary, a wrongfully imprisoned individual has and may file a | 22314 |
| civil action against the state, in the court of claims, to recover | 22315 |
| a sum of money as described in this section, because of the | 22316 |
| individual's wrongful imprisonment. The court of claims shall have | 22317 |
| exclusive, original jurisdiction over such a civil action. The | 22318 |
| civil action shall proceed, be heard, and be determined as | 22319 |
| provided in sections 2743.01 to 2743.20 of the Revised Code, | 22320 |
| except that if a provision of this section conflicts with a | 22321 |
| provision in any of those sections, the provision in this section | 22322 |
| controls. | 22323 |
| (E)(1) In a civil action as described in division (D) of this | 22324 |
| section, the complainant may establish that the claimant is a | 22325 |
| wrongfully imprisoned individual by submitting to the court of | 22326 |
| claims a certified copy of the judgment entry of the court of | 22327 |
| common pleas associated with the claimant's conviction and | 22328 |
| sentencing, and a certified copy of the entry of the determination | 22329 |
|
of | 22330 |
| imprisoned individual. No other evidence shall be required of the | 22331 |
| complainant to establish that the claimant is a wrongfully | 22332 |
|
imprisoned individual, and the claimant shall be | 22333 |
| rebuttably presumed to be a wrongfully imprisoned individual | 22334 |
| absent a violation of any provision of this section or of section | 22335 |
| 2305.02 of the Revised Code. | 22336 |
| (2) In a civil action as described in division (D) of this | 22337 |
| section, upon presentation of requisite proof to the court of | 22338 |
| claims, a wrongfully imprisoned individual is entitled to receive | 22339 |
| a sum of money that equals the total of each of the following | 22340 |
| amounts: | 22341 |
| (a) The amount of any fine or court costs imposed and paid, | 22342 |
| and the reasonable attorney's fees and other expenses incurred by | 22343 |
| the wrongfully imprisoned individual in connection with all | 22344 |
| associated criminal proceedings and appeals, and, if applicable, | 22345 |
| in connection with obtaining the wrongfully imprisoned | 22346 |
| individual's discharge from confinement in the state correctional | 22347 |
| institution; | 22348 |
| (b) For each full year of imprisonment in the state | 22349 |
| correctional institution for the offense of which the wrongfully | 22350 |
| imprisoned individual was found guilty, forty thousand three | 22351 |
| hundred thirty dollars or the adjusted amount determined by the | 22352 |
| auditor of state pursuant to section 2743.49 of the Revised Code, | 22353 |
| and for each part of a year of being so imprisoned, a pro-rated | 22354 |
| share of forty thousand three hundred thirty dollars or the | 22355 |
| adjusted amount determined by the auditor of state pursuant to | 22356 |
| section 2743.49 of the Revised Code; | 22357 |
| (c) Any loss of wages, salary, or other earned income that | 22358 |
| directly resulted from the wrongfully imprisoned individual's | 22359 |
| arrest, prosecution, conviction, and wrongful imprisonment; | 22360 |
| (d) The amount of the following cost debts the department of | 22361 |
| rehabilitation and correction recovered from the wrongfully | 22362 |
| imprisoned individual who was in custody of the department or | 22363 |
| under the department's supervision: | 22364 |
| (i) Any user fee or copayment for services at a detention | 22365 |
| facility, including, but not limited to, a fee or copayment for | 22366 |
| sick call visits; | 22367 |
| (ii) The cost of housing and feeding the wrongfully | 22368 |
| imprisoned individual in a detention facility; | 22369 |
| (iii) The cost of supervision of the wrongfully imprisoned | 22370 |
| individual; | 22371 |
| (iv) The cost of any ancillary services provided to the | 22372 |
| wrongfully imprisoned individual. | 22373 |
| (3) The court of claims shall deduct any known debts owed by | 22374 |
| the wrongfully imprisoned individual to the state as described in | 22375 |
| division (A) of section 2743.01 of the Revised Code or a political | 22376 |
| subdivision under division (B) of section 2743.01 of the Revised | 22377 |
| Code from the sum of money described in division (E)(2) of this | 22378 |
| section, and those deducted amounts shall be paid to the state or | 22379 |
| political subdivision, whichever is applicable. | 22380 |
| (F)(1) If the court of claims determines in a civil action as | 22381 |
| described in division (D) of this section that the complainant is | 22382 |
| a wrongfully imprisoned individual, it shall enter judgment for | 22383 |
| the wrongfully imprisoned individual in the amount of the sum of | 22384 |
| money to which the wrongfully imprisoned individual is entitled | 22385 |
| under division (E)(2) of this section. In determining that sum, | 22386 |
| the court of claims shall not take into consideration any expenses | 22387 |
| incurred by the state or any of its political subdivisions in | 22388 |
| connection with the arrest, prosecution, and imprisonment of the | 22389 |
| wrongfully imprisoned individual, including, but not limited to, | 22390 |
| expenses for food, clothing, shelter, and medical services. The | 22391 |
| court shall reduce that sum by the amount of the payment to the | 22392 |
|
wrongfully imprisoned individual described in | 22393 |
|
(B) | 22394 |
| (2) | 22395 |
| 22396 | |
| 22397 | |
| the court of claims shall include in the judgment entry referred | 22398 |
| to in division (F)(1) of this section an award for the payment of | 22399 |
| the court costs, transcripts, expert witness fees, and other | 22400 |
|
reasonable | 22401 |
| litigation expenses related to the civil action described in | 22402 |
| division (D) of this section. These fees shall be paid as provided | 22403 |
| in division (G) of this section. | 22404 |
| (3) The state consents to be sued by a wrongfully imprisoned | 22405 |
| individual because the imprisonment was wrongful, and to liability | 22406 |
| on its part because of that fact, only as provided in this | 22407 |
| section. However, this section does not affect any liability of | 22408 |
| the state or of its employees to a wrongfully imprisoned | 22409 |
| individual on a claim for relief that is not based on the fact of | 22410 |
| the wrongful imprisonment, including, but not limited to, a claim | 22411 |
| for relief that arises out of circumstances occurring during the | 22412 |
| wrongfully imprisoned individual's confinement in the state | 22413 |
| correctional institution. | 22414 |
| (G) The clerk of the court of claims shall forward a | 22415 |
| certified copy of a judgment under division (F) of this section to | 22416 |
| the president of the controlling board. The board shall take all | 22417 |
| actions necessary to cause the payment of the judgment out of the | 22418 |
| emergency purposes special purpose account of the board. | 22419 |
| (H) To be eligible to recover a sum of money as described in | 22420 |
|
this section because of wrongful imprisonment, | 22421 |
| following shall apply to a wrongfully imprisoned individual: | 22422 |
| (1) The wrongfully imprisoned individual shall not have been, | 22423 |
| prior to September 24, 1986, the subject of an act of the general | 22424 |
| assembly that authorized an award of compensation for the wrongful | 22425 |
| imprisonment or have been the subject of an action before the | 22426 |
| former sundry claims board that resulted in an award of | 22427 |
|
compensation for the wrongful imprisonment. | 22428 |
| 22429 |
| (2) The wrongfully imprisoned individual shall commence a | 22430 |
| civil action under this section in the court of claims no later | 22431 |
| than two years after the date of the entry of the determination of | 22432 |
| 22433 | |
| conviction that the individual is a wrongfully imprisoned | 22434 |
| individual. | 22435 |
| (3) The wrongfully imprisoned individual shall not have been | 22436 |
| convicted of a felony, other than the felony that is the subject | 22437 |
| of the action under this section, or a misdemeanor offense of | 22438 |
| violence within ten years prior to the filing of the civil action | 22439 |
| to be determined to be a wrongfully imprisoned individual by the | 22440 |
| court of common pleas associated with the individual's conviction | 22441 |
| or be convicted of a felony during the pendency of that action or | 22442 |
| the action in the court of claims under this section. | 22443 |
| Sec. 2746.01. A court of record of this state shall tax as | 22444 |
| costs or otherwise require the payment of fees for the following | 22445 |
| services rendered or as compensation for the following persons or | 22446 |
| any other of the following fees that are applicable in a | 22447 |
| particular case: | 22448 |
| (A) Appraisers, commissioners, or arbitrators appointed to | 22449 |
| make or procure an appraisement or valuation of any property, as | 22450 |
| provided in section 2335.02 of the Revised Code; | 22451 |
| (B) Auctioneers appointed to conduct any public auction of | 22452 |
| goods, chattels, or lands required to be sold by an officer of the | 22453 |
| court, as provided in section 2335.021 of the Revised Code; | 22454 |
| (C) Commissioners appointed to make partition of lands or to | 22455 |
| assign dower and appraisers of real or personal property on | 22456 |
| execution, replevin, or attachment or to fix the value of exempt | 22457 |
| property, as provided in section 2335.01 of the Revised Code; | 22458 |
| (D) Deposit of rent with the clerk of court by a resident of | 22459 |
|
a manufactured home park, as provided in section | 22460 |
| of the Revised Code, or by a tenant of residential premises, as | 22461 |
| provided in section 5321.08 of the Revised Code; | 22462 |
| (E) Interpreters, as provided in section 2335.09 of the | 22463 |
| Revised Code; | 22464 |
| (F) Fees in a civil action or appeal commenced by an inmate | 22465 |
| against a government entity or employee, as provided in section | 22466 |
| 2969.22 of the Revised Code; | 22467 |
| (G) Procurement of a transcript of a judgment or proceeding | 22468 |
| or exemplification of a record in an appeal or other civil action, | 22469 |
| as provided in section 2303.21 of the Revised Code; | 22470 |
| (H) Publication of an advertisement, notice, or proclamation | 22471 |
| required to be published by a trustee, assignee, executor, | 22472 |
| administrator, receiver, or other officer of the court or a party | 22473 |
| in a case or proceeding, as provided in section 7.13 of the | 22474 |
| Revised Code; | 22475 |
| (I) Publication of calendars, motion dockets, legal | 22476 |
| advertisements, and notices, the fees for which are not fixed by | 22477 |
| law, as provided in section 2701.09 of the Revised Code; | 22478 |
| (J) Sheriffs, as provided in section 311.17 of the Revised | 22479 |
| Code; | 22480 |
| (K) Township constables or members of the police force of a | 22481 |
| township police district or joint police district, as provided in | 22482 |
| section 509.15 of the Revised Code; | 22483 |
| (L) Witnesses, as follows: | 22484 |
| (1) Fees and mileage in civil cases, as provided in section | 22485 |
| 2335.06 of the Revised Code; | 22486 |
| (2) Fees and mileage in criminal cases, as provided in | 22487 |
| section 2335.08 of the Revised Code; | 22488 |
| (3) Fees in all cases or proceedings not specified in | 22489 |
| sections 2335.06 and 2335.08 of the Revised Code, as provided in | 22490 |
| section 2335.05 of the Revised Code; | 22491 |
| (4) Fees of municipal police officers in state felony cases, | 22492 |
| as provided in section 2335.17 of the Revised Code; | 22493 |
| (5) Fees in arbitration proceedings, as provided in section | 22494 |
| 2711.06 of the Revised Code. | 22495 |
| (M) In an action to abate a nuisance or to enforce a local | 22496 |
| code relating to buildings, the expenses of operating and | 22497 |
| conserving the building, as provided in section 3767.41 of the | 22498 |
| Revised Code. | 22499 |
| Sec. 2746.03. In addition to any applicable fees or costs | 22500 |
| set forth in sections 2746.01 and 2746.02 of the Revised Code or | 22501 |
| any other applicable provision of law, the supreme court, a court | 22502 |
| of appeals, or the court of claims shall tax as costs or otherwise | 22503 |
| require the payment of fees for the following services rendered or | 22504 |
| as compensation for the following persons or any other of the | 22505 |
| following fees that are applicable in a particular case: | 22506 |
| (A) In the supreme court, filing fees, as provided in section | 22507 |
| 2503.17 of the Revised Code; | 22508 |
| (B) In a court of appeals: | 22509 |
| (1) Fees collectible by the clerk of a court of common pleas | 22510 |
| when acting as the clerk of the court of appeals of the county, as | 22511 |
| provided in section 2303.03 of the Revised Code; | 22512 |
| (2) Additional filing fees or charges for special projects, | 22513 |
| programs, or services, as provided in section 2501.16 of the | 22514 |
| Revised Code; | 22515 |
| (3) Sheriffs or other officers who serve process, as provided | 22516 |
| in section 2501.19 of the Revised Code; | 22517 |
| (4) | 22518 |
| 2501.17 of the Revised Code; | 22519 |
| (5) The expense of preparing and transcribing the record in | 22520 |
| an appeal to the tenth district court of appeals from a ruling of | 22521 |
| the director of health under the certificate of need program, as | 22522 |
| provided in section 3702.60 of the Revised Code. | 22523 |
| (C) In the court of claims: | 22524 |
| (1) The fees provided for in section 2743.09 of the Revised | 22525 |
| Code; | 22526 |
| (2) Witness fees and mileage, as provided in section 2743.06 | 22527 |
| of the Revised Code. | 22528 |
| Sec. 2746.04. In addition to any applicable fees or costs | 22529 |
| set forth in sections 2746.01 and 2746.02 of the Revised Code or | 22530 |
| any other applicable provision of law, a court of common pleas | 22531 |
| shall tax as costs or otherwise require the payment of fees for | 22532 |
| the following services rendered or as compensation for the | 22533 |
| following persons or any other of the following fees that are | 22534 |
| applicable in a particular case: | 22535 |
| (A) The fees provided for in section 2303.20 of the Revised | 22536 |
| Code; | 22537 |
| (B) Additional fees to computerize the court, make available | 22538 |
| computerized legal research services, computerize the office of | 22539 |
| the clerk of the court, provide financial assistance to legal aid | 22540 |
| societies, support the office of the state public defender, fund | 22541 |
| shelters for victims of domestic violence, and special projects of | 22542 |
| the court, as provided in section 2303.201 and, for a court that | 22543 |
| has a domestic relations division, section 2301.031 of the Revised | 22544 |
| Code; | 22545 |
| (C) Filing for a divorce decree under section 3105.10 or a | 22546 |
| decree of dissolution under section 3105.65 of the Revised Code, | 22547 |
| as provided in section 3109.14 of the Revised Code; | 22548 |
| (D) Filing of a foreign judgment pursuant to section 2329.022 | 22549 |
| of the Revised Code, as provided in section 2329.025 of the | 22550 |
| Revised Code; | 22551 |
| (E) Interpreters, as provided in section 2301.14 of the | 22552 |
| Revised Code; | 22553 |
| (F) Jurors in civil actions, as provided in section 2335.28 | 22554 |
| of the Revised Code; | 22555 |
| (G) | 22556 |
| 2301.21 and 2301.24 of the Revised Code; | 22557 |
| (H) In a case involving the operation by a nonresident of a | 22558 |
| vessel upon the waters in this state, or the operation on the | 22559 |
| waters in this state of a vessel owned by a nonresident if | 22560 |
| operated with his consent, actual traveling expenses of the | 22561 |
| defendant, as provided in section 1547.36 of the Revised Code; | 22562 |
| (I) In a civil case, the expenses of taking a deposition of a | 22563 |
| person who is imprisoned in a workhouse, juvenile detention | 22564 |
| facility, jail, or state correctional institution within this | 22565 |
| state, or who is in the custody of the department of youth | 22566 |
| services, as provided in section 2317.06 of the Revised Code; | 22567 |
| (J) In proceedings relating to the examination of a judgment | 22568 |
| debtor under sections 2333.09 to 2333.27 of the Revised Code, | 22569 |
| compensation for clerks, sheriffs, referees, receivers, and | 22570 |
| witnesses, as provided in section 2333.27 of the Revised Code; | 22571 |
| (K) In an appeal from an order of an agency issued pursuant | 22572 |
| to an adjudication under section 119.12 of the Revised Code, the | 22573 |
| expense of preparing and transcribing the record; | 22574 |
| (L) In a case in which the court issues a protection order | 22575 |
| upon a petition alleging that the respondent engaged in domestic | 22576 |
| violence against a family or household member, the cost of | 22577 |
| supervision of the respondent's exercise of parenting time, | 22578 |
| visitation, or companionship rights, as provided in section | 22579 |
| 3113.31 of the Revised Code; | 22580 |
| (M) Upon a petition to have a person involuntarily | 22581 |
| institutionalized, the costs of appointed counsel for the | 22582 |
| respondent at a full hearing, as provided in section 5123.76 of | 22583 |
| the Revised Code; | 22584 |
| (N) In a case before the domestic relations division of the | 22585 |
| Hamilton county court of common pleas, the expense of serving a | 22586 |
| summons, warrant, citation, subpoena, or other writ issued to an | 22587 |
| officer other than a bailiff, constable, or staff investigator of | 22588 |
| the division, as provided in section 2301.03 of the Revised Code. | 22589 |
| Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the | 22590 |
| Revised Code: | 22591 |
| (A) "Care facility" means any of the following: | 22592 |
| (1) Any "home" as defined in section 3721.10 or 5111.20 of | 22593 |
| the Revised Code; | 22594 |
| (2) Any "residential facility" as defined in section 5123.19 | 22595 |
| of the Revised Code; | 22596 |
| (3) Any institution or facility operated or provided by the | 22597 |
| department of mental health or by the department of developmental | 22598 |
| disabilities pursuant to sections 5119.02 and 5123.03 of the | 22599 |
| Revised Code; | 22600 |
| (4) Any "residential facility" as defined in section 5119.22 | 22601 |
| of the Revised Code; | 22602 |
| (5) Any unit of any hospital, as defined in section 3701.01 | 22603 |
| of the Revised Code, that provides the same services as a nursing | 22604 |
| home, as defined in section 3721.01 of the Revised Code; | 22605 |
| (6) Any institution, residence, or facility that provides, | 22606 |
| for a period of more than twenty-four hours, whether for a | 22607 |
| consideration or not, accommodations to one individual or two | 22608 |
| unrelated individuals who are dependent upon the services of | 22609 |
| others; | 22610 |
| (7) | 22611 |
| 22612 |
| | 22613 |
| the Revised Code. | 22614 |
| (B) "Abuse" means knowingly causing physical harm or | 22615 |
| recklessly causing serious physical harm to a person by physical | 22616 |
| contact with the person or by the inappropriate use of a physical | 22617 |
| or chemical restraint, medication, or isolation on the person. | 22618 |
| (C)(1) "Gross neglect" means knowingly failing to provide a | 22619 |
| person with any treatment, care, goods, or service that is | 22620 |
| necessary to maintain the health or safety of the person when the | 22621 |
| failure results in physical harm or serious physical harm to the | 22622 |
| person. | 22623 |
| (2) "Neglect" means recklessly failing to provide a person | 22624 |
| with any treatment, care, goods, or service that is necessary to | 22625 |
| maintain the health or safety of the person when the failure | 22626 |
| results in serious physical harm to the person. | 22627 |
| (D) "Inappropriate use of a physical or chemical restraint, | 22628 |
| medication, or isolation" means the use of physical or chemical | 22629 |
| restraint, medication, or isolation as punishment, for staff | 22630 |
| convenience, excessively, as a substitute for treatment, or in | 22631 |
| quantities that preclude habilitation and treatment. | 22632 |
| Sec. 2907.27. (A)(1) If a person is charged with a violation | 22633 |
| of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or | 22634 |
| 2907.25 of the Revised Code or with a violation of a municipal | 22635 |
| ordinance that is substantially equivalent to any of those | 22636 |
| sections, the arresting authorities or a court, upon the request | 22637 |
| of the prosecutor in the case or upon the request of the victim | 22638 |
| and not later than forty-eight hours after the date on which the | 22639 |
| complaint, information, or indictment is filed against the | 22640 |
| accused, shall cause the accused to submit to one or more | 22641 |
| appropriate tests to determine if the accused is suffering from a | 22642 |
| venereal disease. | 22643 |
| (2) If the accused is found to be suffering from a venereal | 22644 |
| disease in an infectious stage, the accused shall be required to | 22645 |
| submit to medical treatment for that disease. The cost of the | 22646 |
| medical treatment shall be charged to and paid by the accused who | 22647 |
| undergoes the treatment. If the accused is indigent, the court | 22648 |
| shall order the accused to report to a facility operated by a city | 22649 |
| health district or a general health district for treatment. If the | 22650 |
| accused is convicted of or pleads guilty to the offense with which | 22651 |
| the accused is charged and is placed under a community control | 22652 |
| sanction, a condition of community control shall be that the | 22653 |
| offender submit to and faithfully follow a course of medical | 22654 |
| treatment for the venereal disease. If the offender does not seek | 22655 |
| the required medical treatment, the court may revoke the | 22656 |
| offender's community control and order the offender to undergo | 22657 |
| medical treatment during the period of the offender's | 22658 |
| incarceration and to pay the cost of that treatment. | 22659 |
| (B)(1)(a) If a person is charged with a violation of division | 22660 |
| (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, | 22661 |
| 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised | 22662 |
| Code or with a violation of a municipal ordinance that is | 22663 |
| substantially equivalent to that division or any of those | 22664 |
| sections, the court, upon the request of the prosecutor in the | 22665 |
| case, upon the request of the victim, or upon the request of any | 22666 |
| other person whom the court reasonably believes had contact with | 22667 |
| the accused in circumstances related to the violation that could | 22668 |
| have resulted in the transmission to that person the human | 22669 |
| immunodeficiency virus, shall cause the accused to submit to one | 22670 |
| or more tests designated by the director of health under section | 22671 |
| 3701.241 of the Revised Code to determine if the accused is | 22672 |
| infected with HIV. The court, upon the request of the prosecutor | 22673 |
| in the case, upon the request of the victim with the agreement of | 22674 |
| the prosecutor, or upon the request of any other person with the | 22675 |
| agreement of the prosecutor, may cause an accused who is charged | 22676 |
| with a violation of any other section of the Revised Code or with | 22677 |
| a violation of any other municipal ordinance to submit to one or | 22678 |
| more tests so designated by the director of health if the | 22679 |
| circumstances of the violation indicate probable cause to believe | 22680 |
| that the accused, if the accused is infected with HIV, might have | 22681 |
| transmitted HIV to any of the following persons in committing the | 22682 |
| violation: | 22683 |
| (i) In relation to a request made by the prosecuting | 22684 |
| attorney, to the victim or to any other person; | 22685 |
| (ii) In relation to a request made by the victim, to the | 22686 |
| victim making the request; | 22687 |
| (iii) In relation to a request made by any other person, to | 22688 |
| the person making the request. | 22689 |
| (b) The results of a test performed under division (B)(1)(a) | 22690 |
| of this section shall be communicated in confidence to the court, | 22691 |
| and the court shall inform the accused of the result. The court | 22692 |
| shall inform the victim that the test was performed and that the | 22693 |
| victim has a right to receive the results on request. If the test | 22694 |
| was performed upon the request of a person other than the | 22695 |
| prosecutor in the case and other than the victim, the court shall | 22696 |
| inform the person who made the request that the test was performed | 22697 |
| and that the person has a right to receive the results upon | 22698 |
| request. Additionally, regardless of who made the request that was | 22699 |
| the basis of the test being performed, if the court reasonably | 22700 |
| believes that, in circumstances related to the violation, a person | 22701 |
| other than the victim had contact with the accused that could have | 22702 |
| resulted in the transmission of HIV to that person, the court may | 22703 |
| inform that person that the test was performed and that the person | 22704 |
| has a right to receive the results of the test on request. If the | 22705 |
| accused tests positive for HIV, the test results shall be reported | 22706 |
| to the department of health in accordance with section 3701.24 of | 22707 |
| the Revised Code and to the sheriff, head of the state | 22708 |
| correctional institution, or other person in charge of any jail or | 22709 |
| prison in which the accused is incarcerated. If the accused tests | 22710 |
| positive for HIV and the accused was charged with, and was | 22711 |
| convicted of or pleaded guilty to, a violation of section 2907.24, | 22712 |
| 2907.241, or 2907.25 of the Revised Code or a violation of a | 22713 |
| municipal ordinance that is substantially equivalent to any of | 22714 |
| those sections, the test results also shall be reported to the law | 22715 |
| enforcement agency that arrested the accused, and the law | 22716 |
| enforcement agency may use the test results as the basis for any | 22717 |
| future charge of a violation of division (B) of any of those | 22718 |
| sections or a violation of a municipal ordinance that is | 22719 |
| substantially equivalent to division (B) of any of those sections. | 22720 |
| No other disclosure of the test results or the fact that a test | 22721 |
| was performed shall be made, other than as evidence in a grand | 22722 |
| jury proceeding or as evidence in a judicial proceeding in | 22723 |
| accordance with the Rules of Evidence. If the test result is | 22724 |
| negative, and the charge has not been dismissed or if the accused | 22725 |
| has been convicted of the charge or a different offense arising | 22726 |
| out of the same circumstances as the offense charged, the court | 22727 |
| shall order that the test be repeated not earlier than three | 22728 |
| months nor later than six months after the original test. | 22729 |
| (2) If an accused who is free on bond refuses to submit to a | 22730 |
| test ordered by the court pursuant to division (B)(1) of this | 22731 |
| section, the court may order that the accused's bond be revoked | 22732 |
| and that the accused be incarcerated until the test is performed. | 22733 |
| If an accused who is incarcerated refuses to submit to a test | 22734 |
| ordered by the court pursuant to division (B)(1) of this section, | 22735 |
| the court shall order the person in charge of the jail or prison | 22736 |
| in which the accused is incarcerated to take any action necessary | 22737 |
| to facilitate the performance of the test, including the forcible | 22738 |
| restraint of the accused for the purpose of drawing blood to be | 22739 |
| used in the test. | 22740 |
| (3) A state agency, a political subdivision of the state, or | 22741 |
| an employee of a state agency or of a political subdivision of the | 22742 |
| state is immune from liability in a civil action to recover | 22743 |
| damages for injury, death, or loss to person or property allegedly | 22744 |
| caused by any act or omission in connection with the performance | 22745 |
| of the duties required under division (B)(2) of this section | 22746 |
| unless the acts or omissions are with malicious purpose, in bad | 22747 |
| faith, or in a wanton or reckless manner. | 22748 |
| (C) As used in this section: | 22749 |
| (1) "Community control sanction" has the same meaning as in | 22750 |
| section 2929.01 of the Revised Code. | 22751 |
| (2) "HIV" means the human immunodeficiency virus. | 22752 |
| Sec. 2907.29. Every hospital of this state that offers | 22753 |
| organized emergency services shall provide that a physician, a | 22754 |
| physician assistant, a clinical nurse specialist, a certified | 22755 |
| nurse practitioner, or a certified nurse-midwife is available on | 22756 |
| call twenty-four hours each day for the examination of persons | 22757 |
| reported to any law enforcement agency to be victims of sexual | 22758 |
| offenses cognizable as violations of any provision of sections | 22759 |
| 2907.02 to 2907.06 of the Revised Code. The physician, physician | 22760 |
| assistant, clinical nurse specialist, certified nurse | 22761 |
| practitioner, or certified nurse-midwife, upon the request of any | 22762 |
| peace officer or prosecuting attorney and with the consent of the | 22763 |
| reported victim or upon the request of the reported victim, shall | 22764 |
| examine the person for the purposes of gathering physical evidence | 22765 |
| and shall complete any written documentation of the physical | 22766 |
|
examination. The | 22767 |
| procedures for gathering evidence under this section. | 22768 |
| Each reported victim shall be informed of available venereal | 22769 |
| disease, pregnancy, medical, and psychiatric services. | 22770 |
| Notwithstanding any other provision of law, a minor may | 22771 |
| consent to examination under this section. The consent is not | 22772 |
| subject to disaffirmance because of minority, and consent of the | 22773 |
| parent, parents, or guardian of the minor is not required for an | 22774 |
| examination under this section. However, the hospital shall give | 22775 |
| written notice to the parent, parents, or guardian of a minor that | 22776 |
| an examination under this section has taken place. The parent, | 22777 |
| parents, or guardian of a minor giving consent under this section | 22778 |
| are not liable for payment for any services provided under this | 22779 |
| section without their consent. | 22780 |
| Sec. 2909.21. As used in sections 2909.21 to | 22781 |
| of the Revised Code: | 22782 |
| (A) "Act of terrorism" means an act that is committed within | 22783 |
| or outside the territorial jurisdiction of this state or the | 22784 |
| United States, that constitutes a specified offense if committed | 22785 |
| in this state or constitutes an offense in any jurisdiction within | 22786 |
| or outside the territorial jurisdiction of the United States | 22787 |
| containing all of the essential elements of a specified offense, | 22788 |
| and that is intended to do one or more of the following: | 22789 |
| (1) Intimidate or coerce a civilian population; | 22790 |
| (2) Influence the policy of any government by intimidation or | 22791 |
| coercion; | 22792 |
| (3) Affect the conduct of any government by the act that | 22793 |
| constitutes the offense. | 22794 |
| (B) "Biological agent," "delivery system," "toxin," and | 22795 |
| "vector" have the same meanings as in section 2917.33 of the | 22796 |
| Revised Code. | 22797 |
| (C) "Biological weapon" means any biological agent, toxin, | 22798 |
| vector, or delivery system or combination of any biological agent | 22799 |
| or agents, any toxin or toxins, any vector or vectors, and any | 22800 |
| delivery system or systems. | 22801 |
| (D) "Chemical weapon" means any one or more of the following: | 22802 |
| (1) Any toxic chemical or precursor of a toxic chemical that | 22803 |
| is listed in Schedule 1, Schedule 2, or Schedule 3 of the | 22804 |
| international "Convention on the Prohibition of the Development, | 22805 |
| Production, Stockpiling and Use of Chemical Weapons and on their | 22806 |
| Destruction (CWC)," as entered into force on April 29, 1997; | 22807 |
| (2) A device specifically designed to cause death or other | 22808 |
| harm through the toxic properties of a toxic chemical or precursor | 22809 |
| identified in division (D)(1) of this section that would be | 22810 |
| created or released as a result of the employment of that device; | 22811 |
| (3) Any equipment specifically designed for use directly in | 22812 |
| connection with the employment of devices identified in division | 22813 |
| (D)(2) of this section. | 22814 |
| (E) "Radiological or nuclear weapon" means any device that is | 22815 |
| designed to create or release radiation or radioactivity at a | 22816 |
| level that is dangerous to human life or in order to cause serious | 22817 |
| physical harm to persons as a result of the radiation or | 22818 |
| radioactivity created or released. | 22819 |
| (F) "Explosive device" has the same meaning as in section | 22820 |
| 2923.11 of the Revised Code. | 22821 |
| (G) "Key component of a binary or multicomponent chemical | 22822 |
| system" means the precursor that plays the most important role in | 22823 |
| determining the toxic properties of the final product and reacts | 22824 |
| rapidly with other chemicals in the binary or multicomponent | 22825 |
| chemical system. | 22826 |
| (H)
| 22827 |
| | 22828 |
| 22829 |
| | 22830 |
| 22831 | |
| 22832 |
| | 22833 |
| 22834 | |
| 22835 |
| | 22836 |
| 22837 | |
| 22838 |
| | 22839 |
| 22840 | |
| 22841 | |
| 22842 |
| | 22843 |
| 22844 | |
| 22845 | |
| 22846 | |
| 22847 | |
| 22848 |
| | 22849 |
| instruments, other financial securities, funds, transfer of funds, | 22850 |
| financial services, communications, lodging, training, safe | 22851 |
| houses, false documentation or identification, communications | 22852 |
| equipment, facilities, weapons, lethal substances, explosives, | 22853 |
| personnel, transportation, and other physical assets, except | 22854 |
| medicine or religious materials. | 22855 |
| | 22856 |
| order, traveler's check, cashier's check, teller's check, or other | 22857 |
| instrument or order for the transmission or payment of money, | 22858 |
| regardless of whether the item in question is negotiable. | 22859 |
| | 22860 |
| meanings as in section 2935.01 of the Revised Code. | 22861 |
| | 22862 |
| part at any stage in the production by whatever method of a toxic | 22863 |
| chemical, including any key component of a binary or | 22864 |
| multicomponent chemical system. | 22865 |
| | 22866 |
| subdivision incurs as a result of, or in making any response to, a | 22867 |
| threat of a specified offense made as described in section 2909.23 | 22868 |
| of the Revised Code or a specified offense committed as described | 22869 |
| in section 2909.24 of the Revised Code, including, but not limited | 22870 |
| to, all costs so incurred by any law enforcement officers, | 22871 |
| firefighters, rescue personnel, or emergency medical services | 22872 |
| personnel of the political subdivision and all costs so incurred | 22873 |
| by the political subdivision that relate to laboratory testing or | 22874 |
| hazardous material cleanup. | 22875 |
| | 22876 |
| (1) A felony offense of violence, a violation of section | 22877 |
| 2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, | 22878 |
| 2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the | 22879 |
| first degree that is not a violation of any provision in Chapter | 22880 |
| 2925. or 3719. of the Revised Code; | 22881 |
| (2) An attempt to commit, complicity in committing, or a | 22882 |
|
conspiracy to commit an offense listed in division | 22883 |
| this section. | 22884 |
| | 22885 |
| chemical action on life processes can cause death or serious | 22886 |
| physical harm to persons or animals, regardless of its origin or | 22887 |
| of its method of production and regardless of whether it is | 22888 |
| produced in facilities, in munitions, or elsewhere. | 22889 |
| | 22890 |
| 22891 | |
| 22892 | |
| 22893 | |
| 22894 | |
| 22895 | |
| 22896 | |
| 22897 | |
| 22898 | |
| 22899 | |
| 22900 | |
| 22901 | |
| 22902 | |
| 22903 | |
| 22904 | |
| 22905 | |
| 22906 | |
| 22907 |
| | 22908 |
| or item that releases or is designed to release radiation or | 22909 |
| radioactivity at a level dangerous to human life. | 22910 |
| Sec. 2909.28. (A) No person, with the intent to manufacture | 22911 |
| a chemical weapon, biological weapon, radiological or nuclear | 22912 |
| weapon, or explosive device, shall knowingly assemble or possess | 22913 |
| one or more toxins, toxic chemicals, precursors of toxic | 22914 |
| chemicals, vectors, biological agents, or hazardous radioactive | 22915 |
|
substances | 22916 |
| 22917 | |
| manufacture a chemical weapon, biological weapon, radiological or | 22918 |
| nuclear weapon, or explosive device. | 22919 |
| (B) In a prosecution under this section, it is not necessary | 22920 |
| to allege or prove that the offender assembled or possessed all | 22921 |
| chemicals or substances necessary to manufacture a chemical | 22922 |
| weapon, biological weapon, radiological or nuclear weapon, or | 22923 |
| explosive device. The assembly or possession of a single chemical | 22924 |
| or substance, with the intent to use that chemical or substance in | 22925 |
| the manufacture of a chemical weapon, biological weapon, | 22926 |
| radiological or nuclear weapon, or explosive device, is sufficient | 22927 |
| to violate this section. | 22928 |
| (C) Whoever violates this section is guilty of illegal | 22929 |
| assembly or possession of chemicals or substances for the | 22930 |
| manufacture of a chemical weapon, biological weapon, radiological | 22931 |
| or nuclear weapon, or explosive device, which is a felony of the | 22932 |
| fourth degree. | 22933 |
| (D) This section does not apply when the items described in | 22934 |
| division (A) of this section are assembled or possessed for a | 22935 |
| purpose related to the performance of official duties related to | 22936 |
| any military purpose of the United States and any law enforcement | 22937 |
| purpose, including any domestic riot control purpose. | 22938 |
| Sec. 2927.023. (A) As used in this section | 22939 |
| (1) "Authorized recipient of tobacco products" means a person | 22940 |
| who is: | 22941 |
| | 22942 |
| 5743.15 of the Revised Code; | 22943 |
| | 22944 |
| purchases cigarettes with the appropriate tax stamp affixed; | 22945 |
| | 22946 |
| 5702 of the Internal Revenue Code; | 22947 |
| | 22948 |
| U.S.C. 1311 or 19 U.S.C. 1555; | 22949 |
| | 22950 |
| government or of this state acting in the person's official | 22951 |
| capacity; | 22952 |
| | 22953 |
| subdivision of the federal government or of this state; | 22954 |
| | 22955 |
| by the tax commissioner under section 5743.71 of the Revised Code. | 22956 |
| (2) "Motor carrier" has the same meaning as in section | 22957 |
| 4923.01 of the Revised Code. | 22958 |
| The purpose of this section is to prevent the sale of | 22959 |
| cigarettes to minors and to ensure compliance with the Master | 22960 |
| Settlement Agreement, as defined in section 1346.01 of the Revised | 22961 |
| Code. | 22962 |
| (B)(1) No person shall cause to be shipped any cigarettes to | 22963 |
| any person in this state other than an authorized recipient of | 22964 |
| tobacco products. | 22965 |
| (2) No | 22966 |
| person shall knowingly transport cigarettes to any person in this | 22967 |
| state that the carrier or other person reasonably believes is not | 22968 |
| an authorized recipient of tobacco products. If cigarettes are | 22969 |
| transported to a home or residence, it shall be presumed that the | 22970 |
| 22971 | |
| the person to whom the cigarettes were delivered was not an | 22972 |
| authorized recipient of tobacco products. | 22973 |
| (C) No person engaged in the business of selling cigarettes | 22974 |
| who ships or causes to be shipped cigarettes to any person in this | 22975 |
| state in any container or wrapping other than the original | 22976 |
| container or wrapping of the cigarettes shall fail to plainly and | 22977 |
| visibly mark the exterior of the container or wrapping in which | 22978 |
| the cigarettes are shipped with the words "cigarettes." | 22979 |
| (D) A court shall impose a fine of up to one thousand dollars | 22980 |
| for each violation of division (B)(1), (B)(2), or (C) of this | 22981 |
| section. | 22982 |
| Sec. 2929.01. As used in this chapter: | 22983 |
| (A)(1) "Alternative residential facility" means, subject to | 22984 |
| division (A)(2) of this section, any facility other than an | 22985 |
| offender's home or residence in which an offender is assigned to | 22986 |
| live and that satisfies all of the following criteria: | 22987 |
| (a) It provides programs through which the offender may seek | 22988 |
| or maintain employment or may receive education, training, | 22989 |
| treatment, or habilitation. | 22990 |
| (b) It has received the appropriate license or certificate | 22991 |
| for any specialized education, training, treatment, habilitation, | 22992 |
| or other service that it provides from the government agency that | 22993 |
| is responsible for licensing or certifying that type of education, | 22994 |
| training, treatment, habilitation, or service. | 22995 |
| (2) "Alternative residential facility" does not include a | 22996 |
| community-based correctional facility, jail, halfway house, or | 22997 |
| prison. | 22998 |
| (B) "Basic probation supervision" means a requirement that | 22999 |
| the offender maintain contact with a person appointed to supervise | 23000 |
| the offender in accordance with sanctions imposed by the court or | 23001 |
| imposed by the parole board pursuant to section 2967.28 of the | 23002 |
| Revised Code. "Basic probation supervision" includes basic parole | 23003 |
| supervision and basic post-release control supervision. | 23004 |
| (C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the | 23005 |
| same meanings as in section 2925.01 of the Revised Code. | 23006 |
| (D) "Community-based correctional facility" means a | 23007 |
| community-based correctional facility and program or district | 23008 |
| community-based correctional facility and program developed | 23009 |
| pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 23010 |
| (E) "Community control sanction" means a sanction that is not | 23011 |
| a prison term and that is described in section 2929.15, 2929.16, | 23012 |
| 2929.17, or 2929.18 of the Revised Code or a sanction that is not | 23013 |
| a jail term and that is described in section 2929.26, 2929.27, or | 23014 |
| 2929.28 of the Revised Code. "Community control sanction" includes | 23015 |
| probation if the sentence involved was imposed for a felony that | 23016 |
| was committed prior to July 1, 1996, or if the sentence involved | 23017 |
| was imposed for a misdemeanor that was committed prior to January | 23018 |
| 1, 2004. | 23019 |
| (F) "Controlled substance," "marihuana," "schedule I," and | 23020 |
| "schedule II" have the same meanings as in section 3719.01 of the | 23021 |
| Revised Code. | 23022 |
| (G) "Curfew" means a requirement that an offender during a | 23023 |
| specified period of time be at a designated place. | 23024 |
| (H) "Day reporting" means a sanction pursuant to which an | 23025 |
| offender is required each day to report to and leave a center or | 23026 |
| other approved reporting location at specified times in order to | 23027 |
| participate in work, education or training, treatment, and other | 23028 |
| approved programs at the center or outside the center. | 23029 |
| (I) "Deadly weapon" has the same meaning as in section | 23030 |
| 2923.11 of the Revised Code. | 23031 |
| (J) "Drug and alcohol use monitoring" means a program under | 23032 |
| which an offender agrees to submit to random chemical analysis of | 23033 |
| the offender's blood, breath, or urine to determine whether the | 23034 |
| offender has ingested any alcohol or other drugs. | 23035 |
| (K) "Drug treatment program" means any program under which a | 23036 |
| person undergoes assessment and treatment designed to reduce or | 23037 |
| completely eliminate the person's physical or emotional reliance | 23038 |
| upon alcohol, another drug, or alcohol and another drug and under | 23039 |
| which the person may be required to receive assessment and | 23040 |
| treatment on an outpatient basis or may be required to reside at a | 23041 |
| facility other than the person's home or residence while | 23042 |
| undergoing assessment and treatment. | 23043 |
| (L) "Economic loss" means any economic detriment suffered by | 23044 |
| a victim as a direct and proximate result of the commission of an | 23045 |
| offense and includes any loss of income due to lost time at work | 23046 |
| because of any injury caused to the victim, and any property loss, | 23047 |
| medical cost, or funeral expense incurred as a result of the | 23048 |
| commission of the offense. "Economic loss" does not include | 23049 |
| non-economic loss or any punitive or exemplary damages. | 23050 |
| (M) "Education or training" includes study at, or in | 23051 |
| conjunction with a program offered by, a university, college, or | 23052 |
| technical college or vocational study and also includes the | 23053 |
| completion of primary school, secondary school, and literacy | 23054 |
| curricula or their equivalent. | 23055 |
| (N) "Firearm" has the same meaning as in section 2923.11 of | 23056 |
| the Revised Code. | 23057 |
| (O) "Halfway house" means a facility licensed by the division | 23058 |
| of parole and community services of the department of | 23059 |
| rehabilitation and correction pursuant to section 2967.14 of the | 23060 |
| Revised Code as a suitable facility for the care and treatment of | 23061 |
| adult offenders. | 23062 |
| (P) "House arrest" means a period of confinement of an | 23063 |
| offender that is in the offender's home or in other premises | 23064 |
| specified by the sentencing court or by the parole board pursuant | 23065 |
| to section 2967.28 of the Revised Code and during which all of the | 23066 |
| following apply: | 23067 |
| (1) The offender is required to remain in the offender's home | 23068 |
| or other specified premises for the specified period of | 23069 |
| confinement, except for periods of time during which the offender | 23070 |
| is at the offender's place of employment or at other premises as | 23071 |
| authorized by the sentencing court or by the parole board. | 23072 |
| (2) The offender is required to report periodically to a | 23073 |
| person designated by the court or parole board. | 23074 |
| (3) The offender is subject to any other restrictions and | 23075 |
| requirements that may be imposed by the sentencing court or by the | 23076 |
| parole board. | 23077 |
| (Q) "Intensive probation supervision" means a requirement | 23078 |
| that an offender maintain frequent contact with a person appointed | 23079 |
| by the court, or by the parole board pursuant to section 2967.28 | 23080 |
| of the Revised Code, to supervise the offender while the offender | 23081 |
| is seeking or maintaining necessary employment and participating | 23082 |
| in training, education, and treatment programs as required in the | 23083 |
| court's or parole board's order. "Intensive probation supervision" | 23084 |
| includes intensive parole supervision and intensive post-release | 23085 |
| control supervision. | 23086 |
| (R) "Jail" means a jail, workhouse, minimum security jail, or | 23087 |
| other residential facility used for the confinement of alleged or | 23088 |
| convicted offenders that is operated by a political subdivision or | 23089 |
| a combination of political subdivisions of this state. | 23090 |
| (S) "Jail term" means the term in a jail that a sentencing | 23091 |
| court imposes or is authorized to impose pursuant to section | 23092 |
| 2929.24 or 2929.25 of the Revised Code or pursuant to any other | 23093 |
| provision of the Revised Code that authorizes a term in a jail for | 23094 |
| a misdemeanor conviction. | 23095 |
| (T) "Mandatory jail term" means the term in a jail that a | 23096 |
| sentencing court is required to impose pursuant to division (G) of | 23097 |
| section 1547.99 of the Revised Code, division (E) of section | 23098 |
| 2903.06 or division (D) of section 2903.08 of the Revised Code, | 23099 |
| division (E) or (G) of section 2929.24 of the Revised Code, | 23100 |
| division (B) of section 4510.14 of the Revised Code, or division | 23101 |
| (G) of section 4511.19 of the Revised Code or pursuant to any | 23102 |
| other provision of the Revised Code that requires a term in a jail | 23103 |
| for a misdemeanor conviction. | 23104 |
| (U) "Delinquent child" has the same meaning as in section | 23105 |
| 2152.02 of the Revised Code. | 23106 |
| (V) "License violation report" means a report that is made by | 23107 |
| a sentencing court, or by the parole board pursuant to section | 23108 |
| 2967.28 of the Revised Code, to the regulatory or licensing board | 23109 |
| or agency that issued an offender a professional license or a | 23110 |
| license or permit to do business in this state and that specifies | 23111 |
| that the offender has been convicted of or pleaded guilty to an | 23112 |
| offense that may violate the conditions under which the offender's | 23113 |
| professional license or license or permit to do business in this | 23114 |
| state was granted or an offense for which the offender's | 23115 |
| professional license or license or permit to do business in this | 23116 |
| state may be revoked or suspended. | 23117 |
| (W) "Major drug offender" means an offender who is convicted | 23118 |
| of or pleads guilty to the possession of, sale of, or offer to | 23119 |
| sell any drug, compound, mixture, preparation, or substance that | 23120 |
| consists of or contains at least one thousand grams of hashish; at | 23121 |
| least one hundred grams of cocaine; at least two thousand five | 23122 |
| hundred unit doses or two hundred fifty grams of heroin; at least | 23123 |
| five thousand unit doses of L.S.D. or five hundred grams of L.S.D. | 23124 |
| in a liquid concentrate, liquid extract, or liquid distillate | 23125 |
| form; or at least one hundred times the amount of any other | 23126 |
| schedule I or II controlled substance other than marihuana that is | 23127 |
| necessary to commit a felony of the third degree pursuant to | 23128 |
| section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code | 23129 |
| that is based on the possession of, sale of, or offer to sell the | 23130 |
| controlled substance. | 23131 |
| (X) "Mandatory prison term" means any of the following: | 23132 |
| (1) Subject to division (X)(2) of this section, the term in | 23133 |
| prison that must be imposed for the offenses or circumstances set | 23134 |
| forth in divisions (F)(1) to (8) or (F)(12) to (18) of section | 23135 |
| 2929.13 and division (B) of section 2929.14 of the Revised Code. | 23136 |
| Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 23137 |
| and 2925.11 of the Revised Code, unless the maximum or another | 23138 |
| specific term is required under section 2929.14 or 2929.142 of the | 23139 |
| Revised Code, a mandatory prison term described in this division | 23140 |
| may be any prison term authorized for the level of offense. | 23141 |
| (2) The term of sixty or one hundred twenty days in prison | 23142 |
| that a sentencing court is required to impose for a third or | 23143 |
| fourth degree felony OVI offense pursuant to division (G)(2) of | 23144 |
| section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 23145 |
| of the Revised Code or the term of one, two, three, four, or five | 23146 |
| years in prison that a sentencing court is required to impose | 23147 |
| pursuant to division (G)(2) of section 2929.13 of the Revised | 23148 |
| Code. | 23149 |
| (3) The term in prison imposed pursuant to division (A) of | 23150 |
| section 2971.03 of the Revised Code for the offenses and in the | 23151 |
| circumstances described in division (F)(11) of section 2929.13 of | 23152 |
| the Revised Code or pursuant to division (B)(1)(a), (b), or (c), | 23153 |
| (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 23154 |
| 2971.03 of the Revised Code and that term as modified or | 23155 |
| terminated pursuant to section 2971.05 of the Revised Code. | 23156 |
| (Y) "Monitored time" means a period of time during which an | 23157 |
| offender continues to be under the control of the sentencing court | 23158 |
| or parole board, subject to no conditions other than leading a | 23159 |
| law-abiding life. | 23160 |
| (Z) "Offender" means a person who, in this state, is | 23161 |
| convicted of or pleads guilty to a felony or a misdemeanor. | 23162 |
| (AA) "Prison" means a residential facility used for the | 23163 |
| confinement of convicted felony offenders that is under the | 23164 |
| control of the department of rehabilitation and correction but | 23165 |
| does not include a violation sanction center operated under | 23166 |
| authority of section 2967.141 of the Revised Code. | 23167 |
| (BB) "Prison term" includes either of the following sanctions | 23168 |
| for an offender: | 23169 |
| (1) A stated prison term; | 23170 |
| (2) A term in a prison shortened by, or with the approval of, | 23171 |
| the sentencing court pursuant to section 2929.143, 2929.20, | 23172 |
| 2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code. | 23173 |
| (CC) "Repeat violent offender" means a person about whom both | 23174 |
| of the following apply: | 23175 |
| (1) The person is being sentenced for committing or for | 23176 |
| complicity in committing any of the following: | 23177 |
| (a) Aggravated murder, murder, any felony of the first or | 23178 |
| second degree that is an offense of violence, or an attempt to | 23179 |
| commit any of these offenses if the attempt is a felony of the | 23180 |
| first or second degree; | 23181 |
| (b) An offense under an existing or former law of this state, | 23182 |
| another state, or the United States that is or was substantially | 23183 |
| equivalent to an offense described in division (CC)(1)(a) of this | 23184 |
| section. | 23185 |
| (2) The person previously was convicted of or pleaded guilty | 23186 |
| to an offense described in division (CC)(1)(a) or (b) of this | 23187 |
| section. | 23188 |
| (DD) "Sanction" means any penalty imposed upon an offender | 23189 |
| who is convicted of or pleads guilty to an offense, as punishment | 23190 |
| for the offense. "Sanction" includes any sanction imposed pursuant | 23191 |
| to any provision of sections 2929.14 to 2929.18 or 2929.24 to | 23192 |
| 2929.28 of the Revised Code. | 23193 |
| (EE) "Sentence" means the sanction or combination of | 23194 |
| sanctions imposed by the sentencing court on an offender who is | 23195 |
| convicted of or pleads guilty to an offense. | 23196 |
| (FF) "Stated prison term" means the prison term, mandatory | 23197 |
| prison term, or combination of all prison terms and mandatory | 23198 |
| prison terms imposed by the sentencing court pursuant to section | 23199 |
| 2929.14, 2929.142, or 2971.03 of the Revised Code or under section | 23200 |
| 2919.25 of the Revised Code. "Stated prison term" includes any | 23201 |
| credit received by the offender for time spent in jail awaiting | 23202 |
| trial, sentencing, or transfer to prison for the offense and any | 23203 |
| time spent under house arrest or house arrest with electronic | 23204 |
| monitoring imposed after earning credits pursuant to section | 23205 |
| 2967.193 of the Revised Code. If an offender is serving a prison | 23206 |
| term as a risk reduction sentence under sections 2929.142 and | 23207 |
| 5120.036 of the Revised Code, "stated prison term" includes any | 23208 |
| period of time by which the prison term imposed upon the offender | 23209 |
| is shortened by the offender's successful completion of all | 23210 |
| assessment and treatment or programming pursuant to those | 23211 |
| sections. | 23212 |
| (GG) "Victim-offender mediation" means a reconciliation or | 23213 |
| mediation program that involves an offender and the victim of the | 23214 |
| offense committed by the offender and that includes a meeting in | 23215 |
| which the offender and the victim may discuss the offense, discuss | 23216 |
| restitution, and consider other sanctions for the offense. | 23217 |
| (HH) "Fourth degree felony OVI offense" means a violation of | 23218 |
| division (A) of section 4511.19 of the Revised Code that, under | 23219 |
| division (G) of that section, is a felony of the fourth degree. | 23220 |
| (II) "Mandatory term of local incarceration" means the term | 23221 |
| of sixty or one hundred twenty days in a jail, a community-based | 23222 |
| correctional facility, a halfway house, or an alternative | 23223 |
| residential facility that a sentencing court may impose upon a | 23224 |
| person who is convicted of or pleads guilty to a fourth degree | 23225 |
| felony OVI offense pursuant to division (G)(1) of section 2929.13 | 23226 |
| of the Revised Code and division (G)(1)(d) or (e) of section | 23227 |
| 4511.19 of the Revised Code. | 23228 |
| (JJ) "Designated homicide, assault, or kidnapping offense," | 23229 |
| "violent sex offense," "sexual motivation specification," | 23230 |
| "sexually violent offense," "sexually violent predator," and | 23231 |
| "sexually violent predator specification" have the same meanings | 23232 |
| as in section 2971.01 of the Revised Code. | 23233 |
| (KK) "Sexually oriented offense," "child-victim oriented | 23234 |
|
offense," and "tier III sex offender/child-victim offender | 23235 |
| the same meanings as in section 2950.01 of the Revised Code. | 23236 |
| (LL) An offense is "committed in the vicinity of a child" if | 23237 |
| the offender commits the offense within thirty feet of or within | 23238 |
| the same residential unit as a child who is under eighteen years | 23239 |
| of age, regardless of whether the offender knows the age of the | 23240 |
| child or whether the offender knows the offense is being committed | 23241 |
| within thirty feet of or within the same residential unit as the | 23242 |
| child and regardless of whether the child actually views the | 23243 |
| commission of the offense. | 23244 |
| (MM) "Family or household member" has the same meaning as in | 23245 |
| section 2919.25 of the Revised Code. | 23246 |
| (NN) "Motor vehicle" and "manufactured home" have the same | 23247 |
| meanings as in section 4501.01 of the Revised Code. | 23248 |
| (OO) "Detention" and "detention facility" have the same | 23249 |
| meanings as in section 2921.01 of the Revised Code. | 23250 |
| (PP) "Third degree felony OVI offense" means a violation of | 23251 |
| division (A) of section 4511.19 of the Revised Code that, under | 23252 |
| division (G) of that section, is a felony of the third degree. | 23253 |
| (QQ) "Random drug testing" has the same meaning as in section | 23254 |
| 5120.63 of the Revised Code. | 23255 |
| (RR) "Felony sex offense" has the same meaning as in section | 23256 |
| 2967.28 of the Revised Code. | 23257 |
| (SS) "Body armor" has the same meaning as in section | 23258 |
| 2941.1411 of the Revised Code. | 23259 |
| (TT) "Electronic monitoring" means monitoring through the use | 23260 |
| of an electronic monitoring device. | 23261 |
| (UU) "Electronic monitoring device" means any of the | 23262 |
| following: | 23263 |
| (1) Any device that can be operated by electrical or battery | 23264 |
| power and that conforms with all of the following: | 23265 |
| (a) The device has a transmitter that can be attached to a | 23266 |
| person, that will transmit a specified signal to a receiver of the | 23267 |
| type described in division (UU)(1)(b) of this section if the | 23268 |
| transmitter is removed from the person, turned off, or altered in | 23269 |
| any manner without prior court approval in relation to electronic | 23270 |
| monitoring or without prior approval of the department of | 23271 |
| rehabilitation and correction in relation to the use of an | 23272 |
| electronic monitoring device for an inmate on transitional control | 23273 |
| or otherwise is tampered with, that can transmit continuously and | 23274 |
| periodically a signal to that receiver when the person is within a | 23275 |
| specified distance from the receiver, and that can transmit an | 23276 |
| appropriate signal to that receiver if the person to whom it is | 23277 |
| attached travels a specified distance from that receiver. | 23278 |
| (b) The device has a receiver that can receive continuously | 23279 |
| the signals transmitted by a transmitter of the type described in | 23280 |
| division (UU)(1)(a) of this section, can transmit continuously | 23281 |
| those signals by a wireless or landline telephone connection to a | 23282 |
| central monitoring computer of the type described in division | 23283 |
| (UU)(1)(c) of this section, and can transmit continuously an | 23284 |
| appropriate signal to that central monitoring computer if the | 23285 |
| device has been turned off or altered without prior court approval | 23286 |
| or otherwise tampered with. The device is designed specifically | 23287 |
| for use in electronic monitoring, is not a converted wireless | 23288 |
| phone or another tracking device that is clearly not designed for | 23289 |
| electronic monitoring, and provides a means of text-based or voice | 23290 |
| communication with the person. | 23291 |
| (c) The device has a central monitoring computer that can | 23292 |
| receive continuously the signals transmitted by a wireless or | 23293 |
| landline telephone connection by a receiver of the type described | 23294 |
| in division (UU)(1)(b) of this section and can monitor | 23295 |
| continuously the person to whom an electronic monitoring device of | 23296 |
| the type described in division (UU)(1)(a) of this section is | 23297 |
| attached. | 23298 |
| (2) Any device that is not a device of the type described in | 23299 |
| division (UU)(1) of this section and that conforms with all of the | 23300 |
| following: | 23301 |
| (a) The device includes a transmitter and receiver that can | 23302 |
| monitor and determine the location of a subject person at any | 23303 |
| time, or at a designated point in time, through the use of a | 23304 |
| central monitoring computer or through other electronic means. | 23305 |
| (b) The device includes a transmitter and receiver that can | 23306 |
| determine at any time, or at a designated point in time, through | 23307 |
| the use of a central monitoring computer or other electronic means | 23308 |
| the fact that the transmitter is turned off or altered in any | 23309 |
| manner without prior approval of the court in relation to the | 23310 |
| electronic monitoring or without prior approval of the department | 23311 |
| of rehabilitation and correction in relation to the use of an | 23312 |
| electronic monitoring device for an inmate on transitional control | 23313 |
| or otherwise is tampered with. | 23314 |
| (3) Any type of technology that can adequately track or | 23315 |
| determine the location of a subject person at any time and that is | 23316 |
| approved by the director of rehabilitation and correction, | 23317 |
| including, but not limited to, any satellite technology, voice | 23318 |
| tracking system, or retinal scanning system that is so approved. | 23319 |
| (VV) "Non-economic loss" means nonpecuniary harm suffered by | 23320 |
| a victim of an offense as a result of or related to the commission | 23321 |
| of the offense, including, but not limited to, pain and suffering; | 23322 |
| loss of society, consortium, companionship, care, assistance, | 23323 |
| attention, protection, advice, guidance, counsel, instruction, | 23324 |
| training, or education; mental anguish; and any other intangible | 23325 |
| loss. | 23326 |
| (WW) "Prosecutor" has the same meaning as in section 2935.01 | 23327 |
| of the Revised Code. | 23328 |
| (XX) "Continuous alcohol monitoring" means the ability to | 23329 |
| automatically test and periodically transmit alcohol consumption | 23330 |
| levels and tamper attempts at least every hour, regardless of the | 23331 |
| location of the person who is being monitored. | 23332 |
| (YY) A person is "adjudicated a sexually violent predator" if | 23333 |
| the person is convicted of or pleads guilty to a violent sex | 23334 |
| offense and also is convicted of or pleads guilty to a sexually | 23335 |
| violent predator specification that was included in the | 23336 |
| indictment, count in the indictment, or information charging that | 23337 |
| violent sex offense or if the person is convicted of or pleads | 23338 |
| guilty to a designated homicide, assault, or kidnapping offense | 23339 |
| and also is convicted of or pleads guilty to both a sexual | 23340 |
| motivation specification and a sexually violent predator | 23341 |
| specification that were included in the indictment, count in the | 23342 |
| indictment, or information charging that designated homicide, | 23343 |
| assault, or kidnapping offense. | 23344 |
| (ZZ) An offense is "committed in proximity to a school" if | 23345 |
| the offender commits the offense in a school safety zone or within | 23346 |
| five hundred feet of any school building or the boundaries of any | 23347 |
| school premises, regardless of whether the offender knows the | 23348 |
| offense is being committed in a school safety zone or within five | 23349 |
| hundred feet of any school building or the boundaries of any | 23350 |
| school premises. | 23351 |
| (AAA) "Human trafficking" means a scheme or plan to which all | 23352 |
| of the following apply: | 23353 |
| (1) Its object is to subject a victim or victims to | 23354 |
| involuntary servitude, as defined in section 2905.31 of the | 23355 |
| Revised Code, to compel a victim or victims to engage in sexual | 23356 |
| activity for hire, to engage in a performance that is obscene, | 23357 |
| sexually oriented, or nudity oriented, or to be a model or | 23358 |
| participant in the production of material that is obscene, | 23359 |
| sexually oriented, or nudity oriented. | 23360 |
| (2) It involves at least two felony offenses, whether or not | 23361 |
| there has been a prior conviction for any of the felony offenses, | 23362 |
| to which all of the following apply: | 23363 |
| (a) Each of the felony offenses is a violation of section | 23364 |
| 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division | 23365 |
| (A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), | 23366 |
| (4), or (5) of section 2919.22 of the Revised Code or is a | 23367 |
| violation of a law of any state other than this state that is | 23368 |
| substantially similar to any of the sections or divisions of the | 23369 |
| Revised Code identified in this division. | 23370 |
| (b) At least one of the felony offenses was committed in this | 23371 |
| state. | 23372 |
| (c) The felony offenses are related to the same scheme or | 23373 |
| plan and are not isolated instances. | 23374 |
| (BBB) "Material," "nudity," "obscene," "performance," and | 23375 |
| "sexual activity" have the same meanings as in section 2907.01 of | 23376 |
| the Revised Code. | 23377 |
| (CCC) "Material that is obscene, sexually oriented, or nudity | 23378 |
| oriented" means any material that is obscene, that shows a person | 23379 |
| participating or engaging in sexual activity, masturbation, or | 23380 |
| bestiality, or that shows a person in a state of nudity. | 23381 |
| (DDD) "Performance that is obscene, sexually oriented, or | 23382 |
| nudity oriented" means any performance that is obscene, that shows | 23383 |
| a person participating or engaging in sexual activity, | 23384 |
| masturbation, or bestiality, or that shows a person in a state of | 23385 |
| nudity. | 23386 |
| Sec. 2929.19. (A) The court shall hold a sentencing hearing | 23387 |
| before imposing a sentence under this chapter upon an offender who | 23388 |
| was convicted of or pleaded guilty to a felony and before | 23389 |
| resentencing an offender who was convicted of or pleaded guilty to | 23390 |
| a felony and whose case was remanded pursuant to section 2953.07 | 23391 |
| or 2953.08 of the Revised Code. At the hearing, the offender, the | 23392 |
| prosecuting attorney, the victim or the victim's representative in | 23393 |
| accordance with section 2930.14 of the Revised Code, and, with the | 23394 |
| approval of the court, any other person may present information | 23395 |
| relevant to the imposition of sentence in the case. The court | 23396 |
| shall inform the offender of the verdict of the jury or finding of | 23397 |
| the court and ask the offender whether the offender has anything | 23398 |
| to say as to why sentence should not be imposed upon the offender. | 23399 |
| (B)(1) At the sentencing hearing, the court, before imposing | 23400 |
| sentence, shall consider the record, any information presented at | 23401 |
| the hearing by any person pursuant to division (A) of this | 23402 |
| section, and, if one was prepared, the presentence investigation | 23403 |
| report made pursuant to section 2951.03 of the Revised Code or | 23404 |
| Criminal Rule 32.2, and any victim impact statement made pursuant | 23405 |
| to section 2947.051 of the Revised Code. | 23406 |
| (2) Subject to division (B)(3) of this section, if the | 23407 |
| sentencing court determines at the sentencing hearing that a | 23408 |
| prison term is necessary or required, the court shall do all of | 23409 |
| the following: | 23410 |
| (a) Impose a stated prison term and, if the court imposes a | 23411 |
| mandatory prison term, notify the offender that the prison term is | 23412 |
| a mandatory prison term; | 23413 |
| (b) In addition to any other information, include in the | 23414 |
| sentencing entry the name and section reference to the offense or | 23415 |
| offenses, the sentence or sentences imposed and whether the | 23416 |
| sentence or sentences contain mandatory prison terms, if sentences | 23417 |
| are imposed for multiple counts whether the sentences are to be | 23418 |
| served concurrently or consecutively, and the name and section | 23419 |
| reference of any specification or specifications for which | 23420 |
| sentence is imposed and the sentence or sentences imposed for the | 23421 |
| specification or specifications; | 23422 |
| (c) Notify the offender that the offender will be supervised | 23423 |
| under section 2967.28 of the Revised Code after the offender | 23424 |
| leaves prison if the offender is being sentenced for a felony of | 23425 |
| the first degree or second degree, for a felony sex offense, or | 23426 |
| for a felony of the third degree that is not a felony sex offense | 23427 |
| and in the commission of which the offender caused or threatened | 23428 |
| to cause physical harm to a person. This division applies with | 23429 |
| respect to all prison terms imposed for an offense of a type | 23430 |
| described in this division, including a term imposed for any such | 23431 |
| offense that is a risk reduction sentence, as defined in section | 23432 |
| 2967.28 of the Revised Code. If a court imposes a sentence | 23433 |
| including a prison term of a type described in division (B)(2)(c) | 23434 |
| of this section on or after July 11, 2006, the failure of a court | 23435 |
| to notify the offender pursuant to division (B)(2)(c) of this | 23436 |
| section that the offender will be supervised under section 2967.28 | 23437 |
| of the Revised Code after the offender leaves prison or to include | 23438 |
| in the judgment of conviction entered on the journal a statement | 23439 |
| to that effect does not negate, limit, or otherwise affect the | 23440 |
| mandatory period of supervision that is required for the offender | 23441 |
| under division (B) of section 2967.28 of the Revised Code. Section | 23442 |
| 2929.191 of the Revised Code applies if, prior to July 11, 2006, a | 23443 |
| court imposed a sentence including a prison term of a type | 23444 |
| described in division (B)(2)(c) of this section and failed to | 23445 |
| notify the offender pursuant to division (B)(2)(c) of this section | 23446 |
| regarding post-release control or to include in the judgment of | 23447 |
| conviction entered on the journal or in the sentence a statement | 23448 |
| regarding post-release control. | 23449 |
| (d) Notify the offender that the offender may be supervised | 23450 |
| under section 2967.28 of the Revised Code after the offender | 23451 |
| leaves prison if the offender is being sentenced for a felony of | 23452 |
| the third, fourth, or fifth degree that is not subject to division | 23453 |
| (B)(2)(c) of this section. This division applies with respect to | 23454 |
| all prison terms imposed for an offense of a type described in | 23455 |
| this division, including a term imposed for any such offense that | 23456 |
| is a risk reduction sentence, as defined in section 2967.28 of the | 23457 |
| Revised Code. Section 2929.191 of the Revised Code applies if, | 23458 |
| prior to July 11, 2006, a court imposed a sentence including a | 23459 |
| prison term of a type described in division (B)(2)(d) of this | 23460 |
| section and failed to notify the offender pursuant to division | 23461 |
| (B)(2)(d) of this section regarding post-release control or to | 23462 |
| include in the judgment of conviction entered on the journal or in | 23463 |
| the sentence a statement regarding post-release control. | 23464 |
| (e) Notify the offender that, if a period of supervision is | 23465 |
| imposed following the offender's release from prison, as described | 23466 |
| in division (B)(2)(c) or (d) of this section, and if the offender | 23467 |
| violates that supervision or a condition of post-release control | 23468 |
| imposed under division (B) of section 2967.131 of the Revised | 23469 |
| Code, the parole board may impose a prison term, as part of the | 23470 |
| sentence, of up to one-half of the stated prison term originally | 23471 |
| imposed upon the offender. If a court imposes a sentence including | 23472 |
| a prison term on or after July 11, 2006, the failure of a court to | 23473 |
| notify the offender pursuant to division (B)(2)(e) of this section | 23474 |
| that the parole board may impose a prison term as described in | 23475 |
| division (B)(2)(e) of this section for a violation of that | 23476 |
| supervision or a condition of post-release control imposed under | 23477 |
| division (B) of section 2967.131 of the Revised Code or to include | 23478 |
| in the judgment of conviction entered on the journal a statement | 23479 |
| to that effect does not negate, limit, or otherwise affect the | 23480 |
| authority of the parole board to so impose a prison term for a | 23481 |
| violation of that nature if, pursuant to division (D)(1) of | 23482 |
| section 2967.28 of the Revised Code, the parole board notifies the | 23483 |
| offender prior to the offender's release of the board's authority | 23484 |
| to so impose a prison term. Section 2929.191 of the Revised Code | 23485 |
| applies if, prior to July 11, 2006, a court imposed a sentence | 23486 |
| including a prison term and failed to notify the offender pursuant | 23487 |
| to division (B)(2)(e) of this section regarding the possibility of | 23488 |
| the parole board imposing a prison term for a violation of | 23489 |
| supervision or a condition of post-release control. | 23490 |
| (f) Require that the offender not ingest or be injected with | 23491 |
| a drug of abuse and submit to random drug testing as provided in | 23492 |
| section 341.26, 753.33, or 5120.63 of the Revised Code, whichever | 23493 |
| is applicable to the offender who is serving a prison term, and | 23494 |
| require that the results of the drug test administered under any | 23495 |
| of those sections indicate that the offender did not ingest or was | 23496 |
| not injected with a drug of abuse. | 23497 |
| (g) Include in the offender's sentence a statement notifying | 23498 |
| the offender of the information described in division (F)(3) of | 23499 |
| section 2929.14 of the Revised Code regarding earned credits under | 23500 |
| section 2967.193 of the Revised Code. | 23501 |
| (h)(i) Determine, notify the offender of, and include in the | 23502 |
| sentencing entry the number of days that the offender has been | 23503 |
| confined for any reason arising out of the offense for which the | 23504 |
| offender is being sentenced and by which the department of | 23505 |
| rehabilitation and correction must reduce the stated prison term | 23506 |
| under section 2967.191 of the Revised Code. The court's | 23507 |
| calculation shall not include the number of days, if any, that the | 23508 |
| offender previously served in the custody of the department of | 23509 |
| rehabilitation and correction arising out of the offense for which | 23510 |
| the prisoner was convicted and sentenced. | 23511 |
| (ii) In making a determination under division (B)(2)(h)(i) of | 23512 |
| this section, the court shall consider the arguments of the | 23513 |
| parties and conduct a hearing if one is requested. | 23514 |
| (iii) The sentencing court retains continuing jurisdiction to | 23515 |
| correct any error not previously raised at sentencing in making a | 23516 |
| determination under division (B)(2)(h)(i) of this section. The | 23517 |
| offender may, at any time after sentencing, file a motion in the | 23518 |
| sentencing court to correct any error made in making a | 23519 |
| determination under division (B)(2)(h)(i) of this section, and the | 23520 |
| court may in its discretion grant or deny that motion. If the | 23521 |
| court changes the number of days in its determination or | 23522 |
| redetermination, the court shall cause the entry granting that | 23523 |
| change to be delivered to the department of rehabilitation and | 23524 |
| correction without delay. Sections 2931.15 and 2953.21 of the | 23525 |
| Revised Code do not apply to a motion made under this section. | 23526 |
| (iv) An inaccurate determination under division (B)(2)(h)(i) | 23527 |
| of this section is not grounds for setting aside the offender's | 23528 |
| conviction or sentence and does not otherwise render the sentence | 23529 |
| void or voidable. | 23530 |
| (3)(a) The court shall include in the offender's sentence a | 23531 |
| statement that the offender is a tier III sex | 23532 |
| offender/child-victim offender, and the court shall comply with | 23533 |
| the requirements of section 2950.03 of the Revised Code if any of | 23534 |
| the following apply: | 23535 |
| (i) The offender is being sentenced for a violent sex offense | 23536 |
| or designated homicide, assault, or kidnapping offense that the | 23537 |
| offender committed on or after January 1, 1997, and the offender | 23538 |
| is adjudicated a sexually violent predator in relation to that | 23539 |
| offense. | 23540 |
| (ii) The offender is being sentenced for a sexually oriented | 23541 |
| offense that the offender committed on or after January 1, 1997, | 23542 |
| and the offender is a tier III sex offender/child-victim offender | 23543 |
| relative to that offense. | 23544 |
| (iii) The offender is being sentenced on or after July 31, | 23545 |
| 2003, for a child-victim oriented offense, and the offender is a | 23546 |
| tier III sex offender/child-victim offender relative to that | 23547 |
| offense. | 23548 |
| (iv) The offender is being sentenced under section 2971.03 of | 23549 |
| the Revised Code for a violation of division (A)(1)(b) of section | 23550 |
| 2907.02 of the Revised Code committed on or after January 2, 2007. | 23551 |
| (v) The offender is sentenced to a term of life without | 23552 |
| parole under division (B) of section 2907.02 of the Revised Code. | 23553 |
| (vi) The offender is being sentenced for attempted rape | 23554 |
| committed on or after January 2, 2007, and a specification of the | 23555 |
| type described in section 2941.1418, 2941.1419, or 2941.1420 of | 23556 |
| the Revised Code. | 23557 |
| (vii) The offender is being sentenced under division | 23558 |
| (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code | 23559 |
| for an offense described in those divisions committed on or after | 23560 |
| January 1, 2008. | 23561 |
| (b) Additionally, if any criterion set forth in divisions | 23562 |
| (B)(3)(a)(i) to (vii) of this section is satisfied, in the | 23563 |
| circumstances described in division (E) of section 2929.14 of the | 23564 |
| Revised Code, the court shall impose sentence on the offender as | 23565 |
| described in that division. | 23566 |
| (4) If the sentencing court determines at the sentencing | 23567 |
| hearing that a community control sanction should be imposed and | 23568 |
| the court is not prohibited from imposing a community control | 23569 |
| sanction, the court shall impose a community control sanction. The | 23570 |
| court shall notify the offender that, if the conditions of the | 23571 |
| sanction are violated, if the offender commits a violation of any | 23572 |
| law, or if the offender leaves this state without the permission | 23573 |
| of the court or the offender's probation officer, the court may | 23574 |
| impose a longer time under the same sanction, may impose a more | 23575 |
| restrictive sanction, or may impose a prison term on the offender | 23576 |
| and shall indicate the specific prison term that may be imposed as | 23577 |
| a sanction for the violation, as selected by the court from the | 23578 |
| range of prison terms for the offense pursuant to section 2929.14 | 23579 |
| of the Revised Code. | 23580 |
| (5) Before imposing a financial sanction under section | 23581 |
| 2929.18 of the Revised Code or a fine under section 2929.32 of the | 23582 |
| Revised Code, the court shall consider the offender's present and | 23583 |
| future ability to pay the amount of the sanction or fine. | 23584 |
| (6) If the sentencing court sentences the offender to a | 23585 |
| sanction of confinement pursuant to section 2929.14 or 2929.16 of | 23586 |
| the Revised Code that is to be served in a local detention | 23587 |
| facility, as defined in section 2929.36 of the Revised Code, and | 23588 |
| if the local detention facility is covered by a policy adopted | 23589 |
| pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 23590 |
| 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code | 23591 |
| and section 2929.37 of the Revised Code, both of the following | 23592 |
| apply: | 23593 |
| (a) The court shall specify both of the following as part of | 23594 |
| the sentence: | 23595 |
| (i) If the offender is presented with an itemized bill | 23596 |
| pursuant to section 2929.37 of the Revised Code for payment of the | 23597 |
| costs of confinement, the offender is required to pay the bill in | 23598 |
| accordance with that section. | 23599 |
| (ii) If the offender does not dispute the bill described in | 23600 |
| division (B)(6)(a)(i) of this section and does not pay the bill by | 23601 |
| the times specified in section 2929.37 of the Revised Code, the | 23602 |
| clerk of the court may issue a certificate of judgment against the | 23603 |
| offender as described in that section. | 23604 |
| (b) The sentence automatically includes any certificate of | 23605 |
| judgment issued as described in division (B)(6)(a)(ii) of this | 23606 |
| section. | 23607 |
| (7) The failure of the court to notify the offender that a | 23608 |
| prison term is a mandatory prison term pursuant to division | 23609 |
| (B)(2)(a) of this section or to include in the sentencing entry | 23610 |
| any information required by division (B)(2)(b) of this section | 23611 |
| does not affect the validity of the imposed sentence or sentences. | 23612 |
| If the sentencing court notifies the offender at the sentencing | 23613 |
| hearing that a prison term is mandatory but the sentencing entry | 23614 |
| does not specify that the prison term is mandatory, the court may | 23615 |
| complete a corrected journal entry and send copies of the | 23616 |
| corrected entry to the offender and the department of | 23617 |
| rehabilitation and correction, or, at the request of the state, | 23618 |
| the court shall complete a corrected journal entry and send copies | 23619 |
| of the corrected entry to the offender and department of | 23620 |
| rehabilitation and correction. | 23621 |
| (C)(1) If the offender is being sentenced for a fourth degree | 23622 |
| felony OVI offense under division (G)(1) of section 2929.13 of the | 23623 |
| Revised Code, the court shall impose the mandatory term of local | 23624 |
| incarceration in accordance with that division, shall impose a | 23625 |
| mandatory fine in accordance with division (B)(3) of section | 23626 |
| 2929.18 of the Revised Code, and, in addition, may impose | 23627 |
| additional sanctions as specified in sections 2929.15, 2929.16, | 23628 |
| 2929.17, and 2929.18 of the Revised Code. The court shall not | 23629 |
| impose a prison term on the offender except that the court may | 23630 |
| impose a prison term upon the offender as provided in division | 23631 |
| (A)(1) of section 2929.13 of the Revised Code. | 23632 |
| (2) If the offender is being sentenced for a third or fourth | 23633 |
| degree felony OVI offense under division (G)(2) of section 2929.13 | 23634 |
| of the Revised Code, the court shall impose the mandatory prison | 23635 |
| term in accordance with that division, shall impose a mandatory | 23636 |
| fine in accordance with division (B)(3) of section 2929.18 of the | 23637 |
| Revised Code, and, in addition, may impose an additional prison | 23638 |
| term as specified in section 2929.14 of the Revised Code. In | 23639 |
| addition to the mandatory prison term or mandatory prison term and | 23640 |
| additional prison term the court imposes, the court also may | 23641 |
| impose a community control sanction on the offender, but the | 23642 |
| offender shall serve all of the prison terms so imposed prior to | 23643 |
| serving the community control sanction. | 23644 |
| (D) The sentencing court, pursuant to division (I)(1) of | 23645 |
| section 2929.14 of the Revised Code, may recommend placement of | 23646 |
| the offender in a program of shock incarceration under section | 23647 |
| 5120.031 of the Revised Code or an intensive program prison under | 23648 |
| section 5120.032 of the Revised Code, disapprove placement of the | 23649 |
| offender in a program or prison of that nature, or make no | 23650 |
| recommendation. If the court recommends or disapproves placement, | 23651 |
| it shall make a finding that gives its reasons for its | 23652 |
| recommendation or disapproval. | 23653 |
| Sec. 2939.11. The official | 23654 |
|
or any | 23655 |
| at the request of the prosecuting attorney, or any such reporter | 23656 |
| designated by the attorney general in investigations conducted by | 23657 |
| 23658 | |
| electronically record testimony before the grand jury, and furnish | 23659 |
| a transcript to the prosecuting attorney or the attorney general, | 23660 |
|
and to no other person. The | 23661 |
| the jury room before the jurors begin to express their views or | 23662 |
| take their vote on the matter before them. Such reporter shall | 23663 |
| take an oath to be administered by the judge after the grand jury | 23664 |
| is sworn, imposing an obligation of secrecy to not disclose any | 23665 |
| testimony taken or heard except to the grand jury, prosecuting | 23666 |
| attorney, or attorney general, unless called upon in court to make | 23667 |
| disclosures. | 23668 |
| Sec. 2945.371. (A) If the issue of a defendant's competence | 23669 |
| to stand trial is raised or if a defendant enters a plea of not | 23670 |
| guilty by reason of insanity, the court may order one or more | 23671 |
| evaluations of the defendant's present mental condition or, in the | 23672 |
| case of a plea of not guilty by reason of insanity, of the | 23673 |
| defendant's mental condition at the time of the offense charged. | 23674 |
| An examiner shall conduct the evaluation. | 23675 |
| (B) If the court orders more than one evaluation under | 23676 |
| division (A) of this section, the prosecutor and the defendant may | 23677 |
| recommend to the court an examiner whom each prefers to perform | 23678 |
| one of the evaluations. If a defendant enters a plea of not guilty | 23679 |
| by reason of insanity and if the court does not designate an | 23680 |
| examiner recommended by the defendant, the court shall inform the | 23681 |
| defendant that the defendant may have independent expert | 23682 |
| evaluation and that, if the defendant is unable to obtain | 23683 |
| independent expert evaluation, it will be obtained for the | 23684 |
| defendant at public expense if the defendant is indigent. | 23685 |
| (C) If the court orders an evaluation under division (A) of | 23686 |
| this section, the defendant shall be available at the times and | 23687 |
| places established by the examiners who are to conduct the | 23688 |
| evaluation. The court may order a defendant who has been released | 23689 |
| on bail or recognizance to submit to an evaluation under this | 23690 |
| section. If a defendant who has been released on bail or | 23691 |
| recognizance refuses to submit to a complete evaluation, the court | 23692 |
| may amend the conditions of bail or recognizance and order the | 23693 |
| sheriff to take the defendant into custody and deliver the | 23694 |
| defendant to a center, program, or facility operated or certified | 23695 |
| by the department of mental health or the department of | 23696 |
| developmental disabilities where the defendant may be held for | 23697 |
| evaluation for a reasonable period of time not to exceed twenty | 23698 |
| days. | 23699 |
| (D) A defendant who has not been released on bail or | 23700 |
| recognizance may be evaluated at the defendant's place of | 23701 |
| detention. Upon the request of the examiner, the court may order | 23702 |
| the sheriff to transport the defendant to a program or facility | 23703 |
| operated or certified by the department of mental health or the | 23704 |
| department of developmental disabilities, where the defendant may | 23705 |
| be held for evaluation for a reasonable period of time not to | 23706 |
| exceed twenty days, and to return the defendant to the place of | 23707 |
| detention after the evaluation. A municipal court may make an | 23708 |
| order under this division only upon the request of a certified | 23709 |
| forensic center examiner. | 23710 |
| (E) If a court orders the evaluation to determine a | 23711 |
| defendant's mental condition at the time of the offense charged, | 23712 |
| the court shall inform the examiner of the offense with which the | 23713 |
| defendant is charged. | 23714 |
| (F) In conducting an evaluation of a defendant's mental | 23715 |
| condition at the time of the offense charged, the examiner shall | 23716 |
| consider all relevant evidence. If the offense charged involves | 23717 |
| the use of force against another person, the relevant evidence to | 23718 |
| be considered includes, but is not limited to, any evidence that | 23719 |
| the defendant suffered, at the time of the commission of the | 23720 |
| offense, from the "battered woman syndrome." | 23721 |
| (G) The examiner shall file a written report with the court | 23722 |
| within thirty days after entry of a court order for evaluation, | 23723 |
| and the court shall provide copies of the report to the prosecutor | 23724 |
| and defense counsel. The report shall include all of the | 23725 |
| following: | 23726 |
| (1) The examiner's findings; | 23727 |
| (2) The facts in reasonable detail on which the findings are | 23728 |
| based; | 23729 |
| (3) If the evaluation was ordered to determine the | 23730 |
| defendant's competence to stand trial, all of the following | 23731 |
| findings or recommendations that are applicable: | 23732 |
| (a) Whether the defendant is capable of understanding the | 23733 |
| nature and objective of the proceedings against the defendant or | 23734 |
| of assisting in the defendant's defense; | 23735 |
| (b) If the examiner's opinion is that the defendant is | 23736 |
| incapable of understanding the nature and objective of the | 23737 |
| proceedings against the defendant or of assisting in the | 23738 |
| defendant's defense, whether the defendant presently is mentally | 23739 |
| ill or mentally retarded and, if the examiner's opinion is that | 23740 |
| the defendant presently is mentally retarded, whether the | 23741 |
| defendant appears to be a mentally retarded person subject to | 23742 |
| institutionalization by court order; | 23743 |
| (c) If the examiner's opinion is that the defendant is | 23744 |
| incapable of understanding the nature and objective of the | 23745 |
| proceedings against the defendant or of assisting in the | 23746 |
| defendant's defense, the examiner's opinion as to the likelihood | 23747 |
| of the defendant becoming capable of understanding the nature and | 23748 |
| objective of the proceedings against the defendant and of | 23749 |
| assisting in the defendant's defense within one year if the | 23750 |
| defendant is provided with a course of treatment; | 23751 |
| (d) If the examiner's opinion is that the defendant is | 23752 |
| incapable of understanding the nature and objective of the | 23753 |
| proceedings against the defendant or of assisting in the | 23754 |
| defendant's defense and that the defendant presently is mentally | 23755 |
| ill or mentally retarded, the examiner's recommendation as to the | 23756 |
| least restrictive placement or commitment alternative, consistent | 23757 |
| with the defendant's treatment needs for restoration to competency | 23758 |
|
and with the safety of the community | 23759 |
| | 23760 |
| 23761 | |
| 23762 | |
| 23763 | |
| 23764 | |
| 23765 | |
| 23766 | |
| 23767 |
| (4) If the evaluation was ordered to determine the | 23768 |
| defendant's mental condition at the time of the offense charged, | 23769 |
| the examiner's findings as to whether the defendant, at the time | 23770 |
| of the offense charged, did not know, as a result of a severe | 23771 |
| mental disease or defect, the wrongfulness of the defendant's acts | 23772 |
| charged. | 23773 |
| (H) If the examiner's report filed under division (G) of this | 23774 |
| section indicates that in the examiner's opinion the defendant is | 23775 |
| incapable of understanding the nature and objective of the | 23776 |
| proceedings against the defendant or of assisting in the | 23777 |
| defendant's defense and that in the examiner's opinion the | 23778 |
| defendant appears to be a mentally retarded person subject to | 23779 |
| institutionalization by court order, the court shall order the | 23780 |
| defendant to undergo a separate mental retardation evaluation | 23781 |
| conducted by a psychologist designated by the director of | 23782 |
| developmental disabilities. Divisions (C) to (F) of this section | 23783 |
| apply in relation to a separate mental retardation evaluation | 23784 |
| conducted under this division. The psychologist appointed under | 23785 |
| this division to conduct the separate mental retardation | 23786 |
| evaluation shall file a written report with the court within | 23787 |
| thirty days after the entry of the court order requiring the | 23788 |
| separate mental retardation evaluation, and the court shall | 23789 |
| provide copies of the report to the prosecutor and defense | 23790 |
| counsel. The report shall include all of the information described | 23791 |
| in divisions (G)(1) to (4) of this section. If the court orders a | 23792 |
| separate mental retardation evaluation of a defendant under this | 23793 |
| division, the court shall not conduct a hearing under divisions | 23794 |
| (B) to (H) of section 2945.37 of the Revised Code regarding that | 23795 |
| defendant until a report of the separate mental retardation | 23796 |
| evaluation conducted under this division has been filed. Upon the | 23797 |
| filing of that report, the court shall conduct the hearing within | 23798 |
| the period of time specified in division (C) of section 2945.37 of | 23799 |
| the Revised Code. | 23800 |
| (I) An examiner appointed under divisions (A) and (B) of this | 23801 |
| section or under division (H) of this section to evaluate a | 23802 |
| defendant to determine the defendant's competence to stand trial | 23803 |
| also may be appointed to evaluate a defendant who has entered a | 23804 |
| plea of not guilty by reason of insanity, but an examiner of that | 23805 |
| nature shall prepare separate reports on the issue of competence | 23806 |
| to stand trial and the defense of not guilty by reason of | 23807 |
| insanity. | 23808 |
| (J) No statement that a defendant makes in an evaluation or | 23809 |
| hearing under divisions (A) to (H) of this section relating to the | 23810 |
| defendant's competence to stand trial or to the defendant's mental | 23811 |
| condition at the time of the offense charged shall be used against | 23812 |
| the defendant on the issue of guilt in any criminal action or | 23813 |
| proceeding, but, in a criminal action or proceeding, the | 23814 |
| prosecutor or defense counsel may call as a witness any person who | 23815 |
| evaluated the defendant or prepared a report pursuant to a | 23816 |
| referral under this section. Neither the appointment nor the | 23817 |
| testimony of an examiner appointed under this section precludes | 23818 |
| the prosecutor or defense counsel from calling other witnesses or | 23819 |
| presenting other evidence on competency or insanity issues. | 23820 |
| (K) Persons appointed as examiners under divisions (A) and | 23821 |
| (B) of this section or under division (H) of this section shall be | 23822 |
| paid a reasonable amount for their services and expenses, as | 23823 |
| certified by the court. The certified amount shall be paid by the | 23824 |
| county in the case of county courts and courts of common pleas and | 23825 |
| by the legislative authority, as defined in section 1901.03 of the | 23826 |
| Revised Code, in the case of municipal courts. | 23827 |
| Sec. 2945.38. (A) If the issue of a defendant's competence | 23828 |
| to stand trial is raised and if the court, upon conducting the | 23829 |
| hearing provided for in section 2945.37 of the Revised Code, finds | 23830 |
| that the defendant is competent to stand trial, the defendant | 23831 |
| shall be proceeded against as provided by law. If the court finds | 23832 |
| the defendant competent to stand trial and the defendant is | 23833 |
| receiving psychotropic drugs or other medication, the court may | 23834 |
| authorize the continued administration of the drugs or medication | 23835 |
| or other appropriate treatment in order to maintain the | 23836 |
| defendant's competence to stand trial, unless the defendant's | 23837 |
| attending physician advises the court against continuation of the | 23838 |
| drugs, other medication, or treatment. | 23839 |
| (B)(1)(a) If, after taking into consideration all relevant | 23840 |
| reports, information, and other evidence, the court finds that the | 23841 |
| defendant is incompetent to stand trial and that there is a | 23842 |
| substantial probability that the defendant will become competent | 23843 |
| to stand trial within one year if the defendant is provided with a | 23844 |
| course of treatment, the court shall order the defendant to | 23845 |
| undergo treatment. If the defendant has been charged with a felony | 23846 |
| offense and if, after taking into consideration all relevant | 23847 |
| reports, information, and other evidence, the court finds that the | 23848 |
| defendant is incompetent to stand trial, but the court is unable | 23849 |
| at that time to determine whether there is a substantial | 23850 |
| probability that the defendant will become competent to stand | 23851 |
| trial within one year if the defendant is provided with a course | 23852 |
| of treatment, the court shall order continuing evaluation and | 23853 |
| treatment of the defendant for a period not to exceed four months | 23854 |
| to determine whether there is a substantial probability that the | 23855 |
| defendant will become competent to stand trial within one year if | 23856 |
| the defendant is provided with a course of treatment. | 23857 |
| (b) The court order for the defendant to undergo treatment or | 23858 |
| continuing evaluation and treatment under division (B)(1)(a) of | 23859 |
| this section shall specify that the defendant, if determined to | 23860 |
| require mental health treatment or continuing evaluation and | 23861 |
| treatment, either shall be committed to the department of mental | 23862 |
| health for treatment or continuing evaluation and treatment at a | 23863 |
| hospital, facility, or agency, as determined to be clinically | 23864 |
|
appropriate by the department of mental health | 23865 |
| committed to a facility certified by the department of mental | 23866 |
| health as being qualified to treat mental illness, to a public or | 23867 |
| community mental health facility, or to a psychiatrist or another | 23868 |
| mental health professional for treatment or continuing evaluation | 23869 |
| and treatment. Prior to placing the defendant, the department of | 23870 |
| mental health shall obtain court approval for that placement | 23871 |
| following a hearing. The court order for the defendant to undergo | 23872 |
| treatment or continuing evaluation and treatment under division | 23873 |
| (B)(1)(a) of this section shall specify that the defendant, if | 23874 |
| determined to require treatment or continuing evaluation and | 23875 |
|
treatment for | 23876 |
| shall receive treatment or continuing evaluation and treatment at | 23877 |
| an institution or facility operated by the department of | 23878 |
| developmental disabilities, at a facility certified by the | 23879 |
| department of developmental disabilities as being qualified to | 23880 |
|
treat mental retardation, at a public or private
| 23881 |
| retardation facility, or by a psychiatrist or another mental | 23882 |
|
retardation professional. | 23883 |
| the defendant's freedom of movement as the court considers | 23884 |
| necessary. The prosecutor in the defendant's case shall send to | 23885 |
| the chief clinical officer of the hospital, facility, or agency | 23886 |
| where the defendant is placed by the department of mental health, | 23887 |
| or to the managing officer of the institution, the director of the | 23888 |
| program or facility, or the person to which the defendant is | 23889 |
| committed, copies of relevant police reports and other background | 23890 |
| information that pertains to the defendant and is available to the | 23891 |
| prosecutor unless the prosecutor determines that the release of | 23892 |
| any of the information in the police reports or any of the other | 23893 |
| background information to unauthorized persons would interfere | 23894 |
| with the effective prosecution of any person or would create a | 23895 |
| substantial risk of harm to any person. | 23896 |
| In | 23897 |
| 23898 | |
| 23899 | |
| 23900 | |
| 23901 | |
| 23902 | |
| 23903 | |
| 23904 | |
| 23905 | |
| 23906 | |
| shall consider the extent to which the person is a danger to the | 23907 |
| person and to others, the need for security, and the type of crime | 23908 |
| involved and shall order the least restrictive alternative | 23909 |
| available that is consistent with public safety and treatment | 23910 |
| goals. In weighing these factors, the court shall give preference | 23911 |
| to protecting public safety. | 23912 |
| (c) If the defendant is found incompetent to stand trial, if | 23913 |
| the chief clinical officer of the hospital, facility, or agency | 23914 |
| where the defendant is placed, or the managing officer of the | 23915 |
| institution, the director of the program or facility, or the | 23916 |
| person to which the defendant is committed for treatment or | 23917 |
| continuing evaluation and treatment under division (B)(1)(b) of | 23918 |
| this section determines that medication is necessary to restore | 23919 |
| the defendant's competency to stand trial, and if the defendant | 23920 |
| lacks the capacity to give informed consent or refuses medication, | 23921 |
| the chief clinical officer of the hospital, facility, or agency | 23922 |
| where the defendant is placed, or the managing officer of the | 23923 |
| institution, the director of the program or facility, or the | 23924 |
| person to which the defendant is committed for treatment or | 23925 |
| continuing evaluation and treatment may petition the court for | 23926 |
| authorization for the involuntary administration of medication. | 23927 |
| The court shall hold a hearing on the petition within five days of | 23928 |
| the filing of the petition if the petition was filed in a | 23929 |
| municipal court or a county court regarding an incompetent | 23930 |
| defendant charged with a misdemeanor or within ten days of the | 23931 |
| filing of the petition if the petition was filed in a court of | 23932 |
| common pleas regarding an incompetent defendant charged with a | 23933 |
| felony offense. Following the hearing, the court may authorize the | 23934 |
| involuntary administration of medication or may dismiss the | 23935 |
| petition. | 23936 |
| | 23937 |
| 23938 | |
| 23939 | |
| 23940 |
| (2) If the court finds that the defendant is incompetent to | 23941 |
| stand trial and that, even if the defendant is provided with a | 23942 |
| course of treatment, there is not a substantial probability that | 23943 |
| the defendant will become competent to stand trial within one | 23944 |
| year, the court shall order the discharge of the defendant, unless | 23945 |
| upon motion of the prosecutor or on its own motion, the court | 23946 |
| either seeks to retain jurisdiction over the defendant pursuant to | 23947 |
| section 2945.39 of the Revised Code or files an affidavit in the | 23948 |
| probate court for the civil commitment of the defendant pursuant | 23949 |
| to Chapter 5122. or 5123. of the Revised Code alleging that the | 23950 |
| defendant is a mentally ill person subject to hospitalization by | 23951 |
| court order or a mentally retarded person subject to | 23952 |
| institutionalization by court order. If an affidavit is filed in | 23953 |
| the probate court, the trial court shall send to the probate court | 23954 |
| copies of all written reports of the defendant's mental condition | 23955 |
| that were prepared pursuant to section 2945.371 of the Revised | 23956 |
| Code. | 23957 |
| The trial court may issue the temporary order of detention | 23958 |
| that a probate court may issue under section 5122.11 or 5123.71 of | 23959 |
| the Revised Code, to remain in effect until the probable cause or | 23960 |
| initial hearing in the probate court. Further proceedings in the | 23961 |
| probate court are civil proceedings governed by Chapter 5122. or | 23962 |
| 5123. of the Revised Code. | 23963 |
| (C) No defendant shall be required to undergo treatment, | 23964 |
| including any continuing evaluation and treatment, under division | 23965 |
| (B)(1) of this section for longer than whichever of the following | 23966 |
| periods is applicable: | 23967 |
| (1) One year, if the most serious offense with which the | 23968 |
| defendant is charged is one of the following offenses: | 23969 |
| (a) Aggravated murder, murder, or an offense of violence for | 23970 |
| which a sentence of death or life imprisonment may be imposed; | 23971 |
| (b) An offense of violence that is a felony of the first or | 23972 |
| second degree; | 23973 |
| (c) A conspiracy to commit, an attempt to commit, or | 23974 |
| complicity in the commission of an offense described in division | 23975 |
| (C)(1)(a) or (b) of this section if the conspiracy, attempt, or | 23976 |
| complicity is a felony of the first or second degree. | 23977 |
| (2) Six months, if the most serious offense with which the | 23978 |
| defendant is charged is a felony other than a felony described in | 23979 |
| division (C)(1) of this section; | 23980 |
| (3) Sixty days, if the most serious offense with which the | 23981 |
| defendant is charged is a misdemeanor of the first or second | 23982 |
| degree; | 23983 |
| (4) Thirty days, if the most serious offense with which the | 23984 |
| defendant is charged is a misdemeanor of the third or fourth | 23985 |
| degree, a minor misdemeanor, or an unclassified misdemeanor. | 23986 |
| (D) Any defendant who is committed pursuant to this section | 23987 |
| shall not voluntarily admit the defendant or be voluntarily | 23988 |
| admitted to a hospital or institution pursuant to section 5122.02, | 23989 |
| 5122.15, 5123.69, or 5123.76 of the Revised Code. | 23990 |
| (E) Except as otherwise provided in this division, a | 23991 |
| defendant who is charged with an offense and is committed by the | 23992 |
|
court under this section to the department of mental health | 23993 |
| 23994 | |
| committed to an institution or facility for the treatment of | 23995 |
| 23996 | |
| unsupervised on-grounds movement, supervised off-grounds movement, | 23997 |
| or nonsecured status except in accordance with the court order. | 23998 |
| The court may grant a defendant supervised off-grounds movement to | 23999 |
| obtain medical treatment or specialized habilitation treatment | 24000 |
| services if the person who supervises the treatment or the | 24001 |
| continuing evaluation and treatment of the defendant ordered under | 24002 |
| division (B)(1)(a) of this section informs the court that the | 24003 |
| treatment or continuing evaluation and treatment cannot be | 24004 |
| provided at the hospital or facility where the defendant is placed | 24005 |
| by the department of mental health or the institution or facility | 24006 |
| to which the defendant is committed. The chief clinical officer of | 24007 |
| the hospital or facility where the defendant is placed by the | 24008 |
| department of mental health or the managing officer of the | 24009 |
| institution or director of the facility to which the defendant is | 24010 |
| committed, or a designee of any of those persons, may grant a | 24011 |
| defendant movement to a medical facility for an emergency medical | 24012 |
| situation with appropriate supervision to ensure the safety of the | 24013 |
| defendant, staff, and community during that emergency medical | 24014 |
| situation. The chief clinical officer of the hospital or facility | 24015 |
| where the defendant is placed by the department of mental health | 24016 |
| or the managing officer of the institution or director of the | 24017 |
| facility to which the defendant is committed shall notify the | 24018 |
| court within twenty-four hours of the defendant's movement to the | 24019 |
| medical facility for an emergency medical situation under this | 24020 |
| division. | 24021 |
| (F) The person who supervises the treatment or continuing | 24022 |
| evaluation and treatment of a defendant ordered to undergo | 24023 |
| treatment or continuing evaluation and treatment under division | 24024 |
| (B)(1)(a) of this section shall file a written report with the | 24025 |
| court at the following times: | 24026 |
| (1) Whenever the person believes the defendant is capable of | 24027 |
| understanding the nature and objective of the proceedings against | 24028 |
| the defendant and of assisting in the defendant's defense; | 24029 |
| (2) For a felony offense, fourteen days before expiration of | 24030 |
| the maximum time for treatment as specified in division (C) of | 24031 |
| this section and fourteen days before the expiration of the | 24032 |
| maximum time for continuing evaluation and treatment as specified | 24033 |
| in division (B)(1)(a) of this section, and, for a misdemeanor | 24034 |
| offense, ten days before the expiration of the maximum time for | 24035 |
| treatment, as specified in division (C) of this section; | 24036 |
| (3) At a minimum, after each six months of treatment; | 24037 |
| (4) Whenever the person who supervises the treatment or | 24038 |
| continuing evaluation and treatment of a defendant ordered under | 24039 |
| division (B)(1)(a) of this section believes that there is not a | 24040 |
| substantial probability that the defendant will become capable of | 24041 |
| understanding the nature and objective of the proceedings against | 24042 |
| the defendant or of assisting in the defendant's defense even if | 24043 |
| the defendant is provided with a course of treatment. | 24044 |
| (G) A report under division (F) of this section shall contain | 24045 |
| the examiner's findings, the facts in reasonable detail on which | 24046 |
| the findings are based, and the examiner's opinion as to the | 24047 |
| defendant's capability of understanding the nature and objective | 24048 |
| of the proceedings against the defendant and of assisting in the | 24049 |
| defendant's defense. If, in the examiner's opinion, the defendant | 24050 |
| remains incapable of understanding the nature and objective of the | 24051 |
| proceedings against the defendant and of assisting in the | 24052 |
| defendant's defense and there is a substantial probability that | 24053 |
| the defendant will become capable of understanding the nature and | 24054 |
| objective of the proceedings against the defendant and of | 24055 |
| assisting in the defendant's defense if the defendant is provided | 24056 |
| with a course of treatment, if in the examiner's opinion the | 24057 |
| defendant remains mentally ill or mentally retarded, and if the | 24058 |
| maximum time for treatment as specified in division (C) of this | 24059 |
| section has not expired, the report also shall contain the | 24060 |
| examiner's recommendation as to the least restrictive placement or | 24061 |
| commitment alternative that is consistent with the defendant's | 24062 |
| treatment needs for restoration to competency and with the safety | 24063 |
| of the community. The court shall provide copies of the report to | 24064 |
| the prosecutor and defense counsel. | 24065 |
| (H) If a defendant is committed pursuant to division (B)(1) | 24066 |
| of this section, within ten days after the treating physician of | 24067 |
| the defendant or the examiner of the defendant who is employed or | 24068 |
| retained by the treating facility advises that there is not a | 24069 |
| substantial probability that the defendant will become capable of | 24070 |
| understanding the nature and objective of the proceedings against | 24071 |
| the defendant or of assisting in the defendant's defense even if | 24072 |
| the defendant is provided with a course of treatment, within ten | 24073 |
| days after the expiration of the maximum time for treatment as | 24074 |
| specified in division (C) of this section, within ten days after | 24075 |
| the expiration of the maximum time for continuing evaluation and | 24076 |
| treatment as specified in division (B)(1)(a) of this section, | 24077 |
| within thirty days after a defendant's request for a hearing that | 24078 |
| is made after six months of treatment, or within thirty days after | 24079 |
| being advised by the treating physician or examiner that the | 24080 |
| defendant is competent to stand trial, whichever is the earliest, | 24081 |
| the court shall conduct another hearing to determine if the | 24082 |
| defendant is competent to stand trial and shall do whichever of | 24083 |
| the following is applicable: | 24084 |
| (1) If the court finds that the defendant is competent to | 24085 |
| stand trial, the defendant shall be proceeded against as provided | 24086 |
| by law. | 24087 |
| (2) If the court finds that the defendant is incompetent to | 24088 |
| stand trial, but that there is a substantial probability that the | 24089 |
| defendant will become competent to stand trial if the defendant is | 24090 |
| provided with a course of treatment, and the maximum time for | 24091 |
| treatment as specified in division (C) of this section has not | 24092 |
| expired, the court, after consideration of the examiner's | 24093 |
| recommendation, shall order that treatment be continued, may | 24094 |
|
change the | 24095 |
| 24096 | |
|
to be continued, and | 24097 |
|
treatment | 24098 |
|
same or a different facility or | 24099 |
| (3) If the court finds that the defendant is incompetent to | 24100 |
| stand trial, if the defendant is charged with an offense listed in | 24101 |
| division (C)(1) of this section, and if the court finds that there | 24102 |
| is not a substantial probability that the defendant will become | 24103 |
| competent to stand trial even if the defendant is provided with a | 24104 |
| course of treatment, or if the maximum time for treatment relative | 24105 |
| to that offense as specified in division (C) of this section has | 24106 |
| expired, further proceedings shall be as provided in sections | 24107 |
| 2945.39, 2945.401, and 2945.402 of the Revised Code. | 24108 |
| (4) If the court finds that the defendant is incompetent to | 24109 |
| stand trial, if the most serious offense with which the defendant | 24110 |
| is charged is a misdemeanor or a felony other than a felony listed | 24111 |
| in division (C)(1) of this section, and if the court finds that | 24112 |
| there is not a substantial probability that the defendant will | 24113 |
| become competent to stand trial even if the defendant is provided | 24114 |
| with a course of treatment, or if the maximum time for treatment | 24115 |
| relative to that offense as specified in division (C) of this | 24116 |
| section has expired, the court shall dismiss the indictment, | 24117 |
| information, or complaint against the defendant. A dismissal under | 24118 |
| this division is not a bar to further prosecution based on the | 24119 |
| same conduct. The court shall discharge the defendant unless the | 24120 |
| court or prosecutor files an affidavit in probate court for civil | 24121 |
| commitment pursuant to Chapter 5122. or 5123. of the Revised Code. | 24122 |
| If an affidavit for civil commitment is filed, the court may | 24123 |
| detain the defendant for ten days pending civil commitment. All of | 24124 |
| the following provisions apply to persons charged with a | 24125 |
| misdemeanor or a felony other than a felony listed in division | 24126 |
| (C)(1) of this section who are committed by the probate court | 24127 |
| subsequent to the court's or prosecutor's filing of an affidavit | 24128 |
| for civil commitment under authority of this division: | 24129 |
| (a) The chief clinical officer of the entity, hospital, or | 24130 |
| facility, the managing officer of the institution, the director of | 24131 |
| the program, or the person to which the defendant is committed or | 24132 |
| admitted shall do all of the following: | 24133 |
| (i) Notify the prosecutor, in writing, of the discharge of | 24134 |
| the defendant, send the notice at least ten days prior to the | 24135 |
| discharge unless the discharge is by the probate court, and state | 24136 |
| in the notice the date on which the defendant will be discharged; | 24137 |
| (ii) Notify the prosecutor, in writing, when the defendant is | 24138 |
| absent without leave or is granted unsupervised, off-grounds | 24139 |
| movement, and send this notice promptly after the discovery of the | 24140 |
| absence without leave or prior to the granting of the | 24141 |
| unsupervised, off-grounds movement, whichever is applicable; | 24142 |
| (iii) Notify the prosecutor, in writing, of the change of the | 24143 |
| defendant's commitment or admission to voluntary status, send the | 24144 |
| notice promptly upon learning of the change to voluntary status, | 24145 |
| and state in the notice the date on which the defendant was | 24146 |
| committed or admitted on a voluntary status. | 24147 |
| (b) Upon receiving notice that the defendant will be granted | 24148 |
| unsupervised, off-grounds movement, the prosecutor either shall | 24149 |
| re-indict the defendant or promptly notify the court that the | 24150 |
| prosecutor does not intend to prosecute the charges against the | 24151 |
| defendant. | 24152 |
| (I) If a defendant is convicted of a crime and sentenced to a | 24153 |
| jail or workhouse, the defendant's sentence shall be reduced by | 24154 |
| the total number of days the defendant is confined for evaluation | 24155 |
| to determine the defendant's competence to stand trial or | 24156 |
| treatment under this section and sections 2945.37 and 2945.371 of | 24157 |
| the Revised Code or by the total number of days the defendant is | 24158 |
| confined for evaluation to determine the defendant's mental | 24159 |
| condition at the time of the offense charged. | 24160 |
| Sec. 2945.39. (A) If a defendant who is charged with an | 24161 |
| offense described in division (C)(1) of section 2945.38 of the | 24162 |
| Revised Code is found incompetent to stand trial, after the | 24163 |
| expiration of the maximum time for treatment as specified in | 24164 |
| division (C) of that section or after the court finds that there | 24165 |
| is not a substantial probability that the defendant will become | 24166 |
| competent to stand trial even if the defendant is provided with a | 24167 |
| course of treatment, one of the following applies: | 24168 |
| (1) The court or the prosecutor may file an affidavit in | 24169 |
| probate court for civil commitment of the defendant in the manner | 24170 |
| provided in Chapter 5122. or 5123. of the Revised Code. If the | 24171 |
| court or prosecutor files an affidavit for civil commitment, the | 24172 |
| court may detain the defendant for ten days pending civil | 24173 |
| commitment. If the probate court commits the defendant subsequent | 24174 |
| to the court's or prosecutor's filing of an affidavit for civil | 24175 |
| commitment, the chief clinical officer of the entity, hospital, or | 24176 |
| facility, the managing officer of the institution, the director of | 24177 |
| the program, or the person to which the defendant is committed or | 24178 |
| admitted shall send to the prosecutor the notices described in | 24179 |
| divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised | 24180 |
| Code within the periods of time and under the circumstances | 24181 |
| specified in those divisions. | 24182 |
| (2) On the motion of the prosecutor or on its own motion, the | 24183 |
| court may retain jurisdiction over the defendant if, at a hearing, | 24184 |
| the court finds both of the following by clear and convincing | 24185 |
| evidence: | 24186 |
| (a) The defendant committed the offense with which the | 24187 |
| defendant is charged. | 24188 |
| (b) The defendant is a mentally ill person subject to | 24189 |
| hospitalization by court order or a mentally retarded person | 24190 |
| subject to institutionalization by court order. | 24191 |
| (B) In making its determination under division (A)(2) of this | 24192 |
| section as to whether to retain jurisdiction over the defendant, | 24193 |
| the court may consider all relevant evidence, including, but not | 24194 |
| limited to, any relevant psychiatric, psychological, or medical | 24195 |
| testimony or reports, the acts constituting the offense charged, | 24196 |
| and any history of the defendant that is relevant to the | 24197 |
| defendant's ability to conform to the law. | 24198 |
| (C) If the court conducts a hearing as described in division | 24199 |
| (A)(2) of this section and if the court does not make both | 24200 |
| findings described in divisions (A)(2)(a) and (b) of this section | 24201 |
| by clear and convincing evidence, the court shall dismiss the | 24202 |
| indictment, information, or complaint against the defendant. Upon | 24203 |
| the dismissal, the court shall discharge the defendant unless the | 24204 |
| court or prosecutor files an affidavit in probate court for civil | 24205 |
| commitment of the defendant pursuant to Chapter 5122. or 5123. of | 24206 |
| the Revised Code. If the court or prosecutor files an affidavit | 24207 |
| for civil commitment, the court may order that the defendant be | 24208 |
| detained for up to ten days pending the civil commitment. If the | 24209 |
| probate court commits the defendant subsequent to the court's or | 24210 |
| prosecutor's filing of an affidavit for civil commitment, the | 24211 |
| chief clinical officer of the entity, hospital, or facility, the | 24212 |
| managing officer of the institution, the director of the program, | 24213 |
| or the person to which the defendant is committed or admitted | 24214 |
| shall send to the prosecutor the notices described in divisions | 24215 |
| (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code | 24216 |
| within the periods of time and under the circumstances specified | 24217 |
| in those divisions. A dismissal of charges under this division is | 24218 |
| not a bar to further criminal proceedings based on the same | 24219 |
| conduct. | 24220 |
| (D)(1) If the court conducts a hearing as described in | 24221 |
| division (A)(2) of this section and if the court makes the | 24222 |
| findings described in divisions (A)(2)(a) and (b) of this section | 24223 |
| by clear and convincing evidence, the court shall commit the | 24224 |
| defendant, if determined to require mental health treatment, | 24225 |
| either to the department of mental health for treatment at a | 24226 |
| hospital, facility, or agency as determined clinically appropriate | 24227 |
| by the department of mental health or to another medical or | 24228 |
| psychiatric facility, as appropriate. Prior to placing the | 24229 |
| defendant, the department of mental health shall obtain court | 24230 |
| approval for that placement. If the court conducts such a hearing | 24231 |
| and if it makes those findings by clear and convincing evidence, | 24232 |
| the court shall commit the defendant, if determined to require | 24233 |
|
treatment for | 24234 |
| facility operated by the department of developmental disabilities, | 24235 |
|
or another facility, as appropriate.
| 24236 |
| 24237 | |
| 24238 | |
| 24239 | |
| 24240 | |
| 24241 | |
| 24242 | |
| 24243 | |
| consider the extent to which the person is a danger to the person | 24244 |
| and to others, the need for security, and the type of crime | 24245 |
|
involved and shall order the least restrictive | 24246 |
| alternative available that is consistent with public safety and | 24247 |
| the welfare of the defendant. In weighing these factors, the court | 24248 |
| shall give preference to protecting public safety. | 24249 |
| (2) If a court makes a commitment of a defendant under | 24250 |
| division (D)(1) of this section, the prosecutor shall send to the | 24251 |
| hospital, facility, or agency where the defendant is placed by the | 24252 |
| department of mental health or to the defendant's place of | 24253 |
| commitment all reports of the defendant's current mental condition | 24254 |
| and, except as otherwise provided in this division, any other | 24255 |
| relevant information, including, but not limited to, a transcript | 24256 |
| of the hearing held pursuant to division (A)(2) of this section, | 24257 |
| copies of relevant police reports, and copies of any prior arrest | 24258 |
| and conviction records that pertain to the defendant and that the | 24259 |
| prosecutor possesses. The prosecutor shall send the reports of the | 24260 |
| defendant's current mental condition in every case of commitment, | 24261 |
| and, unless the prosecutor determines that the release of any of | 24262 |
| the other relevant information to unauthorized persons would | 24263 |
| interfere with the effective prosecution of any person or would | 24264 |
| create a substantial risk of harm to any person, the prosecutor | 24265 |
| also shall send the other relevant information. Upon admission of | 24266 |
| a defendant committed under division (D)(1) of this section, the | 24267 |
| place of commitment shall send to the board of alcohol, drug | 24268 |
| addiction, and mental health services or the community mental | 24269 |
| health board serving the county in which the charges against the | 24270 |
| defendant were filed a copy of all reports of the defendant's | 24271 |
| current mental condition and a copy of the other relevant | 24272 |
| information provided by the prosecutor under this division, | 24273 |
| including, if provided, a transcript of the hearing held pursuant | 24274 |
| to division (A)(2) of this section, the relevant police reports, | 24275 |
| and the prior arrest and conviction records that pertain to the | 24276 |
| defendant and that the prosecutor possesses. | 24277 |
| (3) If a court makes a commitment under division (D)(1) of | 24278 |
| this section, all further proceedings shall be in accordance with | 24279 |
| sections 2945.401 and 2945.402 of the Revised Code. | 24280 |
| Sec. 2945.40. (A) If a person is found not guilty by reason | 24281 |
| of insanity, the verdict shall state that finding, and the trial | 24282 |
| court shall conduct a full hearing to determine whether the person | 24283 |
| is a mentally ill person subject to hospitalization by court order | 24284 |
| or a mentally retarded person subject to institutionalization by | 24285 |
| court order. Prior to the hearing, if the trial judge believes | 24286 |
| that there is probable cause that the person found not guilty by | 24287 |
| reason of insanity is a mentally ill person subject to | 24288 |
| hospitalization by court order or mentally retarded person subject | 24289 |
| to institutionalization by court order, the trial judge may issue | 24290 |
| a temporary order of detention for that person to remain in effect | 24291 |
| for ten court days or until the hearing, whichever occurs first. | 24292 |
| Any person detained pursuant to a temporary order of | 24293 |
| detention issued under this division shall be held in a suitable | 24294 |
| facility, taking into consideration the place and type of | 24295 |
| confinement prior to and during trial. | 24296 |
| (B) The court shall hold the hearing under division (A) of | 24297 |
| this section to determine whether the person found not guilty by | 24298 |
| reason of insanity is a mentally ill person subject to | 24299 |
| hospitalization by court order or a mentally retarded person | 24300 |
| subject to institutionalization by court order within ten court | 24301 |
| days after the finding of not guilty by reason of insanity. | 24302 |
| Failure to conduct the hearing within the ten-day period shall | 24303 |
| cause the immediate discharge of the respondent, unless the judge | 24304 |
| grants a continuance for not longer than ten court days for good | 24305 |
| cause shown or for any period of time upon motion of the | 24306 |
| respondent. | 24307 |
| (C) If a person is found not guilty by reason of insanity, | 24308 |
| the person has the right to attend all hearings conducted pursuant | 24309 |
| to sections 2945.37 to 2945.402 of the Revised Code. At any | 24310 |
| hearing conducted pursuant to one of those sections, the court | 24311 |
| shall inform the person that the person has all of the following | 24312 |
| rights: | 24313 |
| (1) The right to be represented by counsel and to have that | 24314 |
| counsel provided at public expense if the person is indigent, with | 24315 |
| the counsel to be appointed by the court under Chapter 120. of the | 24316 |
| Revised Code or under the authority recognized in division (C) of | 24317 |
| section 120.06, division (E) of section 120.16, division (E) of | 24318 |
| section 120.26, or section 2941.51 of the Revised Code; | 24319 |
| (2) The right to have independent expert evaluation and to | 24320 |
| have that independent expert evaluation provided at public expense | 24321 |
| if the person is indigent; | 24322 |
| (3) The right to subpoena witnesses and documents, to present | 24323 |
| evidence on the person's behalf, and to cross-examine witnesses | 24324 |
| against the person; | 24325 |
| (4) The right to testify in the person's own behalf and to | 24326 |
| not be compelled to testify; | 24327 |
| (5) The right to have copies of any relevant medical or | 24328 |
| mental health document in the custody of the state or of any place | 24329 |
| of commitment other than a document for which the court finds that | 24330 |
| the release to the person of information contained in the document | 24331 |
| would create a substantial risk of harm to any person. | 24332 |
| (D) The hearing under division (A) of this section shall be | 24333 |
| open to the public, and the court shall conduct the hearing in | 24334 |
| accordance with the Rules of Civil Procedure. The court shall make | 24335 |
| and maintain a full transcript and record of the hearing | 24336 |
| proceedings. The court may consider all relevant evidence, | 24337 |
| including, but not limited to, any relevant psychiatric, | 24338 |
| psychological, or medical testimony or reports, the acts | 24339 |
| constituting the offense in relation to which the person was found | 24340 |
| not guilty by reason of insanity, and any history of the person | 24341 |
| that is relevant to the person's ability to conform to the law. | 24342 |
| (E) Upon completion of the hearing under division (A) of this | 24343 |
| section, if the court finds there is not clear and convincing | 24344 |
| evidence that the person is a mentally ill person subject to | 24345 |
| hospitalization by court order or a mentally retarded person | 24346 |
| subject to institutionalization by court order, the court shall | 24347 |
| discharge the person, unless a detainer has been placed upon the | 24348 |
| person by the department of rehabilitation and correction, in | 24349 |
| which case the person shall be returned to that department. | 24350 |
| (F) If, at the hearing under division (A) of this section, | 24351 |
| the court finds by clear and convincing evidence that the person | 24352 |
| is a mentally ill person subject to hospitalization by court | 24353 |
| order, the court shall commit the person either to the department | 24354 |
|
of mental health for | 24355 |
| or agency as determined clinically appropriate by the department | 24356 |
| of mental health or to another medical or psychiatric facility, as | 24357 |
| appropriate. Prior to placing the defendant, the department of | 24358 |
| mental health shall obtain court approval for that placement. If, | 24359 |
|
at the hearing under division (A) of this section, the court | 24360 |
| determines by clear and convincing evidence that the person | 24361 |
| 24362 | |
| 24363 | |
| the person to a facility operated by the department of | 24364 |
| developmental disabilities or another facility, as appropriate. | 24365 |
| Further proceedings shall be in accordance with sections 2945.401 | 24366 |
|
and 2945.402 of the Revised Code. | 24367 |
| 24368 | |
| 24369 | |
| 24370 | |
|
determining the place | 24371 |
| 24372 | |
| the court shall consider the extent to which the person is a | 24373 |
| danger to the person and to others, the need for security, and the | 24374 |
| type of crime involved and shall order the least restrictive | 24375 |
| 24376 | |
| safety and the welfare of the person. In weighing these factors, | 24377 |
| the court shall give preference to protecting public safety. | 24378 |
| (G) If a court makes a commitment of a person under division | 24379 |
| (F) of this section, the prosecutor shall send to the hospital, | 24380 |
| facility, or agency where the person is placed by the department | 24381 |
| of mental health or to the defendant's place of commitment all | 24382 |
| reports of the person's current mental condition, and, except as | 24383 |
| otherwise provided in this division, any other relevant | 24384 |
| information, including, but not limited to, a transcript of the | 24385 |
| hearing held pursuant to division (A) of this section, copies of | 24386 |
| relevant police reports, and copies of any prior arrest and | 24387 |
| conviction records that pertain to the person and that the | 24388 |
| prosecutor possesses. The prosecutor shall send the reports of the | 24389 |
| person's current mental condition in every case of commitment, | 24390 |
| and, unless the prosecutor determines that the release of any of | 24391 |
| the other relevant information to unauthorized persons would | 24392 |
| interfere with the effective prosecution of any person or would | 24393 |
| create a substantial risk of harm to any person, the prosecutor | 24394 |
| also shall send the other relevant information. Upon admission of | 24395 |
| a person committed under division (F) of this section, the place | 24396 |
| of commitment shall send to the board of alcohol, drug addiction, | 24397 |
| and mental health services or the community mental health board | 24398 |
| serving the county in which the charges against the person were | 24399 |
| filed a copy of all reports of the person's current mental | 24400 |
| condition and a copy of the other relevant information provided by | 24401 |
| the prosecutor under this division, including, if provided, a | 24402 |
| transcript of the hearing held pursuant to division (A) of this | 24403 |
| section, the relevant police reports, and the prior arrest and | 24404 |
| conviction records that pertain to the person and that the | 24405 |
| prosecutor possesses. | 24406 |
| (H) A person who is committed pursuant to this section shall | 24407 |
| not voluntarily admit the person or be voluntarily admitted to a | 24408 |
| hospital or institution pursuant to section 5122.02, 5122.15, | 24409 |
| 5123.69, or 5123.76 of the Revised Code. | 24410 |
| Sec. 2945.401. (A) A defendant found incompetent to stand | 24411 |
| trial and committed pursuant to section 2945.39 of the Revised | 24412 |
| Code or a person found not guilty by reason of insanity and | 24413 |
| committed pursuant to section 2945.40 of the Revised Code shall | 24414 |
| remain subject to the jurisdiction of the trial court pursuant to | 24415 |
| that commitment, and to the provisions of this section, until the | 24416 |
| final termination of the commitment as described in division | 24417 |
| (J)(1) of this section. If the jurisdiction is terminated under | 24418 |
| this division because of the final termination of the commitment | 24419 |
| resulting from the expiration of the maximum prison term or term | 24420 |
| of imprisonment described in division (J)(1)(b) of this section, | 24421 |
| the court or prosecutor may file an affidavit for the civil | 24422 |
| commitment of the defendant or person pursuant to Chapter 5122. or | 24423 |
| 5123. of the Revised Code. | 24424 |
| (B) A hearing conducted under any provision of sections | 24425 |
| 2945.37 to 2945.402 of the Revised Code shall not be conducted in | 24426 |
| accordance with Chapters 5122. and 5123. of the Revised Code. Any | 24427 |
| person who is committed pursuant to section 2945.39 or 2945.40 of | 24428 |
| the Revised Code shall not voluntarily admit the person or be | 24429 |
| voluntarily admitted to a hospital or institution pursuant to | 24430 |
| section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code. | 24431 |
| All other provisions of Chapters 5122. and 5123. of the Revised | 24432 |
| Code regarding hospitalization or institutionalization shall apply | 24433 |
| to the extent they are not in conflict with this chapter. A | 24434 |
| commitment under section 2945.39 or 2945.40 of the Revised Code | 24435 |
| shall not be terminated and the conditions of the commitment shall | 24436 |
| not be changed except as otherwise provided in division (D)(2) of | 24437 |
| this section with respect to a mentally retarded person subject to | 24438 |
| institutionalization by court order or except by order of the | 24439 |
| trial court. | 24440 |
| (C) The department of mental health or the institution | 24441 |
| facility, or program to which a defendant or person has been | 24442 |
| committed under section 2945.39 or 2945.40 of the Revised Code | 24443 |
| shall report in writing to the trial court, at the times specified | 24444 |
| in this division, as to whether the defendant or person remains a | 24445 |
| mentally ill person subject to hospitalization by court order or a | 24446 |
| mentally retarded person subject to institutionalization by court | 24447 |
| order and, in the case of a defendant committed under section | 24448 |
| 2945.39 of the Revised Code, as to whether the defendant remains | 24449 |
|
incompetent to stand trial. The department, institution, | 24450 |
| facility, or program shall make the reports after the initial six | 24451 |
| months of treatment and every two years after the initial report | 24452 |
| is made. The trial court shall provide copies of the reports to | 24453 |
| the prosecutor and to the counsel for the defendant or person. | 24454 |
| Within thirty days after its receipt pursuant to this division of | 24455 |
|
a report from the department, institution, | 24456 |
| program, the trial court shall hold a hearing on the continued | 24457 |
| commitment of the defendant or person or on any changes in the | 24458 |
| conditions of the commitment of the defendant or person. The | 24459 |
| defendant or person may request a change in the conditions of | 24460 |
| confinement, and the trial court shall conduct a hearing on that | 24461 |
| request if six months or more have elapsed since the most recent | 24462 |
| hearing was conducted under this section. | 24463 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 24464 |
| this section, when a defendant or person has been committed under | 24465 |
| section 2945.39 or 2945.40 of the Revised Code, at any time after | 24466 |
| evaluating the risks to public safety and the welfare of the | 24467 |
| defendant or person, the designee of the department of mental | 24468 |
| health or the managing officer of the institution or director of | 24469 |
| the facility or program to which the defendant or person is | 24470 |
| committed may recommend a termination of the defendant's or | 24471 |
| person's commitment or a change in the conditions of the | 24472 |
| defendant's or person's commitment. | 24473 |
| Except as otherwise provided in division (D)(2) of this | 24474 |
| section, if the designee of the department of mental health | 24475 |
| recommends on-grounds unsupervised movement, off-grounds | 24476 |
| supervised movement, or nonsecured status for the defendant or | 24477 |
| person or termination of the defendant's or person's commitment, | 24478 |
| the following provisions apply: | 24479 |
| (a) If the department's designee recommends on-grounds | 24480 |
| unsupervised movement or off-grounds supervised movement, the | 24481 |
| department's designee shall file with the trial court an | 24482 |
| application for approval of the movement and shall send a copy of | 24483 |
| the application to the prosecutor. Within fifteen days after | 24484 |
| receiving the application, the prosecutor may request a hearing on | 24485 |
| the application and, if a hearing is requested, shall so inform | 24486 |
| the department's designee. If the prosecutor does not request a | 24487 |
| hearing within the fifteen-day period, the trial court shall | 24488 |
| approve the application by entering its order approving the | 24489 |
| requested movement or, within five days after the expiration of | 24490 |
| the fifteen-day period, shall set a date for a hearing on the | 24491 |
| application. If the prosecutor requests a hearing on the | 24492 |
| application within the fifteen-day period, the trial court shall | 24493 |
| hold a hearing on the application within thirty days after the | 24494 |
| hearing is requested. If the trial court, within five days after | 24495 |
| the expiration of the fifteen-day period, sets a date for a | 24496 |
| hearing on the application, the trial court shall hold the hearing | 24497 |
| within thirty days after setting the hearing date. At least | 24498 |
| fifteen days before any hearing is held under this division, the | 24499 |
| trial court shall give the prosecutor written notice of the date, | 24500 |
| time, and place of the hearing. At the conclusion of each hearing | 24501 |
| conducted under this division, the trial court either shall | 24502 |
| approve or disapprove the application and shall enter its order | 24503 |
| accordingly. | 24504 |
| (b) If the department's designee recommends termination of | 24505 |
| the defendant's or person's commitment at any time or if the | 24506 |
| department's designee recommends the first of any nonsecured | 24507 |
| status for the defendant or person, the department's designee | 24508 |
| shall send written notice of this recommendation to the trial | 24509 |
| court and to the local forensic center. The local forensic center | 24510 |
| shall evaluate the committed defendant or person and, within | 24511 |
| thirty days after its receipt of the written notice, shall submit | 24512 |
| to the trial court and the department's designee a written report | 24513 |
| of the evaluation. The trial court shall provide a copy of the | 24514 |
| department's designee's written notice and of the local forensic | 24515 |
| center's written report to the prosecutor and to the counsel for | 24516 |
| the defendant or person. Upon the local forensic center's | 24517 |
| submission of the report to the trial court and the department's | 24518 |
| designee, all of the following apply: | 24519 |
| (i) If the forensic center disagrees with the recommendation | 24520 |
| of the department's designee, it shall inform the department's | 24521 |
| designee and the trial court of its decision and the reasons for | 24522 |
| the decision. The department's designee, after consideration of | 24523 |
| the forensic center's decision, shall either withdraw, proceed | 24524 |
| with, or modify and proceed with the recommendation. If the | 24525 |
| department's designee proceeds with, or modifies and proceeds | 24526 |
| with, the recommendation, the department's designee shall proceed | 24527 |
| in accordance with division (D)(1)(b)(iii) of this section. | 24528 |
| (ii) If the forensic center agrees with the recommendation of | 24529 |
| the department's designee, it shall inform the department's | 24530 |
| designee and the trial court of its decision and the reasons for | 24531 |
| the decision, and the department's designee shall proceed in | 24532 |
| accordance with division (D)(1)(b)(iii) of this section. | 24533 |
| (iii) If the forensic center disagrees with the | 24534 |
| recommendation of the department's designee and the department's | 24535 |
| designee proceeds with, or modifies and proceeds with, the | 24536 |
| recommendation or if the forensic center agrees with the | 24537 |
| recommendation of the department's designee, the department's | 24538 |
| designee shall work with community mental health agencies, | 24539 |
| programs, facilities, or boards of alcohol, drug addiction, and | 24540 |
| mental health services or community mental health boards to | 24541 |
| develop a plan to implement the recommendation. If the defendant | 24542 |
| or person is on medication, the plan shall include, but shall not | 24543 |
| be limited to, a system to monitor the defendant's or person's | 24544 |
| compliance with the prescribed medication treatment plan. The | 24545 |
| system shall include a schedule that clearly states when the | 24546 |
| defendant or person shall report for a medication compliance | 24547 |
| check. The medication compliance checks shall be based upon the | 24548 |
| effective duration of the prescribed medication, taking into | 24549 |
| account the route by which it is taken, and shall be scheduled at | 24550 |
| intervals sufficiently close together to detect a potential | 24551 |
| increase in mental illness symptoms that the medication is | 24552 |
| intended to prevent. | 24553 |
| The department's designee, after consultation with the board | 24554 |
| of alcohol, drug addiction, and mental health services or the | 24555 |
| community mental health board serving the area, shall send the | 24556 |
| recommendation and plan developed under division (D)(1)(b)(iii) of | 24557 |
| this section, in writing, to the trial court, the prosecutor, and | 24558 |
| the counsel for the committed defendant or person. The trial court | 24559 |
| shall conduct a hearing on the recommendation and plan developed | 24560 |
| under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c) | 24561 |
| and (d) and (E) to (J) of this section apply regarding the | 24562 |
| hearing. | 24563 |
| (c) If the department's designee's recommendation is for | 24564 |
| nonsecured status or termination of commitment, the prosecutor may | 24565 |
| obtain an independent expert evaluation of the defendant's or | 24566 |
| person's mental condition, and the trial court may continue the | 24567 |
| hearing on the recommendation for a period of not more than thirty | 24568 |
| days to permit time for the evaluation. | 24569 |
| The prosecutor may introduce the evaluation report or present | 24570 |
| other evidence at the hearing in accordance with the Rules of | 24571 |
| Evidence. | 24572 |
| (d) The trial court shall schedule the hearing on a | 24573 |
| department's designee's recommendation for nonsecured status or | 24574 |
| termination of commitment and shall give reasonable notice to the | 24575 |
| prosecutor and the counsel for the defendant or person. Unless | 24576 |
| continued for independent evaluation at the prosecutor's request | 24577 |
| or for other good cause, the hearing shall be held within thirty | 24578 |
| days after the trial court's receipt of the recommendation and | 24579 |
| plan. | 24580 |
| (2)(a) Division (D)(1) of this section does not apply to | 24581 |
| on-grounds unsupervised movement of a defendant or person who has | 24582 |
| been committed under section 2945.39 or 2945.40 of the Revised | 24583 |
| Code, who is a mentally retarded person subject to | 24584 |
| institutionalization by court order, and who is being provided | 24585 |
| residential habilitation, care, and treatment in a facility | 24586 |
| operated by the department of developmental disabilities. | 24587 |
| (b) If, pursuant to section 2945.39 of the Revised Code, the | 24588 |
| trial court commits a defendant who is found incompetent to stand | 24589 |
| trial and who is a mentally retarded person subject to | 24590 |
| institutionalization by court order, if the defendant is being | 24591 |
| provided residential habilitation, care, and treatment in a | 24592 |
| facility operated by the department of developmental disabilities, | 24593 |
| if an individual who is conducting a survey for the department of | 24594 |
| health to determine the facility's compliance with the | 24595 |
| certification requirements of the medicaid program under Chapter | 24596 |
| 5111. of the Revised Code and Title XIX of the "Social Security | 24597 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the | 24598 |
| defendant's receipt of the residential habilitation, care, and | 24599 |
| treatment in the facility as being inappropriate under the | 24600 |
| certification requirements, if the defendant's receipt of the | 24601 |
| residential habilitation, care, and treatment in the facility | 24602 |
| potentially jeopardizes the facility's continued receipt of | 24603 |
| federal medicaid moneys, and if as a result of the citation the | 24604 |
| chief clinical officer of the facility determines that the | 24605 |
| conditions of the defendant's commitment should be changed, the | 24606 |
| department of developmental disabilities may cause the defendant | 24607 |
| to be removed from the particular facility and, after evaluating | 24608 |
| the risks to public safety and the welfare of the defendant and | 24609 |
| after determining whether another type of placement is consistent | 24610 |
| with the certification requirements, may place the defendant in | 24611 |
| another facility that the department selects as an appropriate | 24612 |
| facility for the defendant's continued receipt of residential | 24613 |
| habilitation, care, and treatment and that is a no less secure | 24614 |
| setting than the facility in which the defendant had been placed | 24615 |
| at the time of the citation. Within three days after the | 24616 |
| defendant's removal and alternative placement under the | 24617 |
| circumstances described in division (D)(2)(b) of this section, the | 24618 |
| department of developmental disabilities shall notify the trial | 24619 |
| court and the prosecutor in writing of the removal and alternative | 24620 |
| placement. | 24621 |
| The trial court shall set a date for a hearing on the removal | 24622 |
| and alternative placement, and the hearing shall be held within | 24623 |
| twenty-one days after the trial court's receipt of the notice from | 24624 |
| the department of developmental disabilities. At least ten days | 24625 |
| before the hearing is held, the trial court shall give the | 24626 |
| prosecutor, the department of developmental disabilities, and the | 24627 |
| counsel for the defendant written notice of the date, time, and | 24628 |
| place of the hearing. At the hearing, the trial court shall | 24629 |
| consider the citation issued by the individual who conducted the | 24630 |
| survey for the department of health to be prima-facie evidence of | 24631 |
| the fact that the defendant's commitment to the particular | 24632 |
| facility was inappropriate under the certification requirements of | 24633 |
| the medicaid program under Chapter 5111. of the Revised Code and | 24634 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 24635 |
| U.S.C.A. 301, as amended, and potentially jeopardizes the | 24636 |
| particular facility's continued receipt of federal medicaid | 24637 |
| moneys. At the conclusion of the hearing, the trial court may | 24638 |
| approve or disapprove the defendant's removal and alternative | 24639 |
| placement. If the trial court approves the defendant's removal and | 24640 |
| alternative placement, the department of developmental | 24641 |
| disabilities may continue the defendant's alternative placement. | 24642 |
| If the trial court disapproves the defendant's removal and | 24643 |
| alternative placement, it shall enter an order modifying the | 24644 |
| defendant's removal and alternative placement, but that order | 24645 |
| shall not require the department of developmental disabilities to | 24646 |
| replace the defendant for purposes of continued residential | 24647 |
| habilitation, care, and treatment in the facility associated with | 24648 |
| the citation issued by the individual who conducted the survey for | 24649 |
| the department of health. | 24650 |
| (E) In making a determination under this section regarding | 24651 |
| nonsecured status or termination of commitment, the trial court | 24652 |
| shall consider all relevant factors, including, but not limited | 24653 |
| to, all of the following: | 24654 |
| (1) Whether, in the trial court's view, the defendant or | 24655 |
| person currently represents a substantial risk of physical harm to | 24656 |
| the defendant or person or others; | 24657 |
| (2) Psychiatric and medical testimony as to the current | 24658 |
| mental and physical condition of the defendant or person; | 24659 |
| (3) Whether the defendant or person has insight into the | 24660 |
| 24661 | |
| defendant or person will continue treatment as prescribed or seek | 24662 |
| professional assistance as needed; | 24663 |
| (4) The grounds upon which the state relies for the proposed | 24664 |
| commitment; | 24665 |
| (5) Any past history that is relevant to establish the | 24666 |
| defendant's or person's degree of conformity to the laws, rules, | 24667 |
| regulations, and values of society; | 24668 |
| (6) If there is evidence that the defendant's or person's | 24669 |
| mental illness is in a state of remission, the medically suggested | 24670 |
| cause and degree of the remission and the probability that the | 24671 |
| defendant or person will continue treatment to maintain the | 24672 |
| remissive state of the defendant's or person's illness should the | 24673 |
| defendant's or person's commitment conditions be altered. | 24674 |
| (F) At any hearing held pursuant to division (C) or (D)(1) or | 24675 |
| (2) of this section, the defendant or the person shall have all | 24676 |
| the rights of a defendant or person at a commitment hearing as | 24677 |
| described in section 2945.40 of the Revised Code. | 24678 |
| (G) In a hearing held pursuant to division (C) or (D)(1) of | 24679 |
| this section, the prosecutor has the burden of proof as follows: | 24680 |
| (1) For a recommendation of termination of commitment, to | 24681 |
| show by clear and convincing evidence that the defendant or person | 24682 |
| remains a mentally ill person subject to hospitalization by court | 24683 |
| order or a mentally retarded person subject to | 24684 |
| institutionalization by court order; | 24685 |
| (2) For a recommendation for a change in the conditions of | 24686 |
| the commitment to a less restrictive status, to show by clear and | 24687 |
| convincing evidence that the proposed change represents a threat | 24688 |
| to public safety or a threat to the safety of any person. | 24689 |
| (H) In a hearing held pursuant to division (C) or (D)(1) or | 24690 |
| (2) of this section, the prosecutor shall represent the state or | 24691 |
| the public interest. | 24692 |
| (I) At the conclusion of a hearing conducted under division | 24693 |
| (D)(1) of this section regarding a recommendation from the | 24694 |
| designee of the department of mental health, managing officer of | 24695 |
| the institution, or director of a facility or program, the trial | 24696 |
| court may approve, disapprove, or modify the recommendation and | 24697 |
| shall enter an order accordingly. | 24698 |
| (J)(1) A defendant or person who has been committed pursuant | 24699 |
| to section 2945.39 or 2945.40 of the Revised Code continues to be | 24700 |
| under the jurisdiction of the trial court until the final | 24701 |
| termination of the commitment. For purposes of division (J) of | 24702 |
| this section, the final termination of a commitment occurs upon | 24703 |
| the earlier of one of the following: | 24704 |
| (a) The defendant or person no longer is a mentally ill | 24705 |
| person subject to hospitalization by court order or a mentally | 24706 |
| retarded person subject to institutionalization by court order, as | 24707 |
| determined by the trial court; | 24708 |
| (b) The expiration of the maximum prison term or term of | 24709 |
| imprisonment that the defendant or person could have received if | 24710 |
| the defendant or person had been convicted of the most serious | 24711 |
| offense with which the defendant or person is charged or in | 24712 |
| relation to which the defendant or person was found not guilty by | 24713 |
| reason of insanity; | 24714 |
| (c) The trial court enters an order terminating the | 24715 |
| commitment under the circumstances described in division | 24716 |
| (J)(2)(a)(ii) of this section. | 24717 |
| (2)(a) If a defendant is found incompetent to stand trial and | 24718 |
| committed pursuant to section 2945.39 of the Revised Code, if | 24719 |
| neither of the circumstances described in divisions (J)(1)(a) and | 24720 |
| (b) of this section applies to that defendant, and if a report | 24721 |
| filed with the trial court pursuant to division (C) of this | 24722 |
| section indicates that the defendant presently is competent to | 24723 |
| stand trial or if, at any other time during the period of the | 24724 |
| defendant's commitment, the prosecutor, the counsel for the | 24725 |
| defendant, or the designee of the department of mental health or | 24726 |
| the managing officer of the institution or director of the | 24727 |
| facility or program to which the defendant is committed files an | 24728 |
| application with the trial court alleging that the defendant | 24729 |
| presently is competent to stand trial and requesting a hearing on | 24730 |
| the competency issue or the trial court otherwise has reasonable | 24731 |
| cause to believe that the defendant presently is competent to | 24732 |
| stand trial and determines on its own motion to hold a hearing on | 24733 |
| the competency issue, the trial court shall schedule a hearing on | 24734 |
| the competency of the defendant to stand trial, shall give the | 24735 |
| prosecutor, the counsel for the defendant, and the department's | 24736 |
| designee or the managing officer of the institution or the | 24737 |
| director of the facility to which the defendant is committed | 24738 |
| notice of the date, time, and place of the hearing at least | 24739 |
| fifteen days before the hearing, and shall conduct the hearing | 24740 |
| within thirty days of the filing of the application or of its own | 24741 |
| motion. If, at the conclusion of the hearing, the trial court | 24742 |
| determines that the defendant presently is capable of | 24743 |
| understanding the nature and objective of the proceedings against | 24744 |
| the defendant and of assisting in the defendant's defense, the | 24745 |
| trial court shall order that the defendant is competent to stand | 24746 |
| trial and shall be proceeded against as provided by law with | 24747 |
| respect to the applicable offenses described in division (C)(1) of | 24748 |
| section 2945.38 of the Revised Code and shall enter whichever of | 24749 |
| the following additional orders is appropriate: | 24750 |
| (i) If the trial court determines that the defendant remains | 24751 |
| a mentally ill person subject to hospitalization by court order or | 24752 |
| a mentally retarded person subject to institutionalization by | 24753 |
| court order, the trial court shall order that the defendant's | 24754 |
| commitment to the department of mental health or to an institution | 24755 |
| 24756 | |
| 24757 | |
| of the trial on the applicable offenses described in division | 24758 |
| (C)(1) of section 2945.38 of the Revised Code. | 24759 |
| (ii) If the trial court determines that the defendant no | 24760 |
| longer is a mentally ill person subject to hospitalization by | 24761 |
| court order or a mentally retarded person subject to | 24762 |
| institutionalization by court order, the trial court shall order | 24763 |
| that the defendant's commitment to the department of mental health | 24764 |
|
or to an institution | 24765 |
| 24766 | |
| continued during the pendency of the trial on the applicable | 24767 |
| offenses described in division (C)(1) of section 2945.38 of the | 24768 |
| Revised Code. This order shall be a final termination of the | 24769 |
| commitment for purposes of division (J)(1)(c) of this section. | 24770 |
| (b) If, at the conclusion of the hearing described in | 24771 |
| division (J)(2)(a) of this section, the trial court determines | 24772 |
| that the defendant remains incapable of understanding the nature | 24773 |
| and objective of the proceedings against the defendant or of | 24774 |
| assisting in the defendant's defense, the trial court shall order | 24775 |
| that the defendant continues to be incompetent to stand trial, | 24776 |
| that the defendant's commitment to the department of mental health | 24777 |
|
or to an institution | 24778 |
| 24779 | |
| and that the defendant remains subject to the jurisdiction of the | 24780 |
| trial court pursuant to that commitment, and to the provisions of | 24781 |
| this section, until the final termination of the commitment as | 24782 |
| described in division (J)(1) of this section. | 24783 |
| Sec. 2953.32. (A)(1) Except as provided in section 2953.61 | 24784 |
| of the Revised Code, a first offender may apply to the sentencing | 24785 |
| court if convicted in this state, or to a court of common pleas if | 24786 |
| convicted in another state or in a federal court, for the sealing | 24787 |
| of the conviction record. Application may be made at the | 24788 |
| expiration of three years after the offender's final discharge if | 24789 |
| convicted of a felony, or at the expiration of one year after the | 24790 |
| offender's final discharge if convicted of a misdemeanor. | 24791 |
| (2) Any person who has been arrested for any misdemeanor | 24792 |
| offense and who has effected a bail forfeiture may apply to the | 24793 |
| court in which the misdemeanor criminal case was pending when bail | 24794 |
| was forfeited for the sealing of the record of the case. Except as | 24795 |
| provided in section 2953.61 of the Revised Code, the application | 24796 |
| may be filed at any time after the expiration of one year from the | 24797 |
| date on which the bail forfeiture was entered upon the minutes of | 24798 |
| the court or the journal, whichever entry occurs first. | 24799 |
| (B) Upon the filing of an application under this section, the | 24800 |
| court shall set a date for a hearing and shall notify the | 24801 |
| prosecutor for the case of the hearing on the application. The | 24802 |
| prosecutor may object to the granting of the application by filing | 24803 |
| an objection with the court prior to the date set for the hearing. | 24804 |
| The prosecutor shall specify in the objection the reasons for | 24805 |
| believing a denial of the application is justified. The court | 24806 |
| shall direct its regular probation officer, a state probation | 24807 |
| officer, or the department of probation of the county in which the | 24808 |
| applicant resides to make inquiries and written reports as the | 24809 |
| court requires concerning the applicant. | 24810 |
| (C)(1) The court shall do each of the following: | 24811 |
| (a) Determine whether the applicant is a first offender or | 24812 |
| whether the forfeiture of bail was agreed to by the applicant and | 24813 |
| the prosecutor in the case. If the applicant applies as a first | 24814 |
| offender pursuant to division (A)(1) of this section and has two | 24815 |
| or three convictions that result from the same indictment, | 24816 |
| information, or complaint, from the same plea of guilty, or from | 24817 |
| the same official proceeding, and result from related criminal | 24818 |
| acts that were committed within a three-month period but do not | 24819 |
| result from the same act or from offenses committed at the same | 24820 |
| time, in making its determination under this division, the court | 24821 |
| initially shall determine whether it is not in the public interest | 24822 |
| for the two or three convictions to be counted as one conviction. | 24823 |
| If the court determines that it is not in the public interest for | 24824 |
| the two or three convictions to be counted as one conviction, the | 24825 |
| court shall determine that the applicant is not a first offender; | 24826 |
| if the court does not make that determination, the court shall | 24827 |
| determine that the offender is a first offender. | 24828 |
| (b) Determine whether criminal proceedings are pending | 24829 |
| against the applicant; | 24830 |
| (c) If the applicant is a first offender who applies pursuant | 24831 |
| to division (A)(1) of this section, determine whether the | 24832 |
| applicant has been rehabilitated to the satisfaction of the court; | 24833 |
| (d) If the prosecutor has filed an objection in accordance | 24834 |
| with division (B) of this section, consider the reasons against | 24835 |
| granting the application specified by the prosecutor in the | 24836 |
| objection; | 24837 |
| (e) Weigh the interests of the applicant in having the | 24838 |
| records pertaining to the applicant's conviction sealed against | 24839 |
| the legitimate needs, if any, of the government to maintain those | 24840 |
| records. | 24841 |
| (2) If the court determines, after complying with division | 24842 |
| (C)(1) of this section, that the applicant is a first offender or | 24843 |
| the subject of a bail forfeiture, that no criminal proceeding is | 24844 |
| pending against the applicant, and that the interests of the | 24845 |
| applicant in having the records pertaining to the applicant's | 24846 |
| conviction or bail forfeiture sealed are not outweighed by any | 24847 |
| legitimate governmental needs to maintain those records, and that | 24848 |
| the rehabilitation of an applicant who is a first offender | 24849 |
| applying pursuant to division (A)(1) of this section has been | 24850 |
| attained to the satisfaction of the court, the court, except as | 24851 |
| provided in divisions (G) and (H) of this section, shall order all | 24852 |
| official records pertaining to the case sealed and, except as | 24853 |
| provided in division (F) of this section, all index references to | 24854 |
| the case deleted and, in the case of bail forfeitures, shall | 24855 |
| dismiss the charges in the case. The proceedings in the case shall | 24856 |
| be considered not to have occurred and the conviction or bail | 24857 |
| forfeiture of the person who is the subject of the proceedings | 24858 |
| shall be sealed, except that upon conviction of a subsequent | 24859 |
| offense, the sealed record of prior conviction or bail forfeiture | 24860 |
| may be considered by the court in determining the sentence or | 24861 |
| other appropriate disposition, including the relief provided for | 24862 |
| in sections 2953.31 to 2953.33 of the Revised Code. | 24863 |
| (3) Upon the filing of an application under this section, the | 24864 |
| applicant, unless indigent, shall pay a fee of fifty dollars. The | 24865 |
| court shall pay thirty dollars of the fee into the state treasury. | 24866 |
| It shall pay twenty dollars of the fee into the county general | 24867 |
| revenue fund if the sealed conviction or bail forfeiture was | 24868 |
| pursuant to a state statute, or into the general revenue fund of | 24869 |
| the municipal corporation involved if the sealed conviction or | 24870 |
| bail forfeiture was pursuant to a municipal ordinance. | 24871 |
| (D) Inspection of the sealed records included in the order | 24872 |
| may be made only by the following persons or for the following | 24873 |
| purposes: | 24874 |
| (1) By a law enforcement officer or prosecutor, or the | 24875 |
| assistants of either, to determine whether the nature and | 24876 |
| character of the offense with which a person is to be charged | 24877 |
| would be affected by virtue of the person's previously having been | 24878 |
| convicted of a crime; | 24879 |
| (2) By the parole or probation officer of the person who is | 24880 |
| the subject of the records, for the exclusive use of the officer | 24881 |
| in supervising the person while on parole or under a community | 24882 |
| control sanction or a post-release control sanction, and in making | 24883 |
| inquiries and written reports as requested by the court or adult | 24884 |
| parole authority; | 24885 |
| (3) Upon application by the person who is the subject of the | 24886 |
| records, by the persons named in the application; | 24887 |
| (4) By a law enforcement officer who was involved in the | 24888 |
| case, for use in the officer's defense of a civil action arising | 24889 |
| out of the officer's involvement in that case; | 24890 |
| (5) By a prosecuting attorney or the prosecuting attorney's | 24891 |
| assistants, to determine a defendant's eligibility to enter a | 24892 |
| pre-trial diversion program established pursuant to section | 24893 |
| 2935.36 of the Revised Code; | 24894 |
| (6) By any law enforcement agency or any authorized employee | 24895 |
| of a law enforcement agency or by the department of rehabilitation | 24896 |
| and correction as part of a background investigation of a person | 24897 |
| who applies for employment with the agency as a law enforcement | 24898 |
| officer or with the department as a corrections officer; | 24899 |
| (7) By any law enforcement agency or any authorized employee | 24900 |
| of a law enforcement agency, for the purposes set forth in, and in | 24901 |
| the manner provided in, section 2953.321 of the Revised Code; | 24902 |
| (8) By the bureau of criminal identification and | 24903 |
| investigation or any authorized employee of the bureau for the | 24904 |
| purpose of providing information to a board or person pursuant to | 24905 |
| division (F) or (G) of section 109.57 of the Revised Code; | 24906 |
| (9) By the bureau of criminal identification and | 24907 |
| investigation or any authorized employee of the bureau for the | 24908 |
| purpose of performing a criminal history records check on a person | 24909 |
| to whom a certificate as prescribed in section 109.77 of the | 24910 |
| Revised Code is to be awarded; | 24911 |
| (10) By the bureau of criminal identification and | 24912 |
| investigation or any authorized employee of the bureau for the | 24913 |
| purpose of conducting a criminal records check of an individual | 24914 |
| pursuant to division (B) of section 109.572 of the Revised Code | 24915 |
| that was requested pursuant to any of the sections identified in | 24916 |
| division (B)(1) of that section; | 24917 |
| (11) By the bureau of criminal identification and | 24918 |
| investigation, an authorized employee of the bureau, a sheriff, or | 24919 |
| an authorized employee of a sheriff in connection with a criminal | 24920 |
| records check described in section 311.41 of the Revised Code; | 24921 |
| (12) By the attorney general or an authorized employee of the | 24922 |
| attorney general or a court for purposes of determining a person's | 24923 |
| classification pursuant to Chapter 2950. of the Revised Code; | 24924 |
| (13) By a prosecuting attorney or the attorney general, or | 24925 |
| the assistants of either, for purposes of defending a civil action | 24926 |
| brought pursuant to division (B)(1) of section 2743.48 of the | 24927 |
| Revised Code. | 24928 |
| When the nature and character of the offense with which a | 24929 |
| person is to be charged would be affected by the information, it | 24930 |
| may be used for the purpose of charging the person with an | 24931 |
| offense. | 24932 |
| (E) In any criminal proceeding, proof of any otherwise | 24933 |
| admissible prior conviction may be introduced and proved, | 24934 |
| notwithstanding the fact that for any such prior conviction an | 24935 |
| order of sealing previously was issued pursuant to sections | 24936 |
| 2953.31 to 2953.36 of the Revised Code. | 24937 |
| (F) The person or governmental agency, office, or department | 24938 |
| that maintains sealed records pertaining to convictions or bail | 24939 |
| forfeitures that have been sealed pursuant to this section may | 24940 |
| maintain a manual or computerized index to the sealed records. The | 24941 |
| index shall contain only the name of, and alphanumeric identifiers | 24942 |
| that relate to, the persons who are the subject of the sealed | 24943 |
| records, the word "sealed," and the name of the person, agency, | 24944 |
| office, or department that has custody of the sealed records, and | 24945 |
| shall not contain the name of the crime committed. The index shall | 24946 |
| be made available by the person who has custody of the sealed | 24947 |
| records only for the purposes set forth in divisions (C), (D), and | 24948 |
| (E) of this section. | 24949 |
| (G) Notwithstanding any provision of this section or section | 24950 |
| 2953.33 of the Revised Code that requires otherwise, a board of | 24951 |
| education of a city, local, exempted village, or joint vocational | 24952 |
| school district that maintains records of an individual who has | 24953 |
| been permanently excluded under sections 3301.121 and 3313.662 of | 24954 |
| the Revised Code is permitted to maintain records regarding a | 24955 |
| conviction that was used as the basis for the individual's | 24956 |
| permanent exclusion, regardless of a court order to seal the | 24957 |
| record. An order issued under this section to seal the record of a | 24958 |
| conviction does not revoke the adjudication order of the | 24959 |
| superintendent of public instruction to permanently exclude the | 24960 |
| individual who is the subject of the sealing order. An order | 24961 |
| issued under this section to seal the record of a conviction of an | 24962 |
| individual may be presented to a district superintendent as | 24963 |
| evidence to support the contention that the superintendent should | 24964 |
| recommend that the permanent exclusion of the individual who is | 24965 |
| the subject of the sealing order be revoked. Except as otherwise | 24966 |
| authorized by this division and sections 3301.121 and 3313.662 of | 24967 |
| the Revised Code, any school employee in possession of or having | 24968 |
| access to the sealed conviction records of an individual that were | 24969 |
| the basis of a permanent exclusion of the individual is subject to | 24970 |
| section 2953.35 of the Revised Code. | 24971 |
| (H) For purposes of sections 2953.31 to 2953.36 of the | 24972 |
| Revised Code, DNA records collected in the DNA database and | 24973 |
| fingerprints filed for record by the superintendent of the bureau | 24974 |
| of criminal identification and investigation shall not be sealed | 24975 |
| unless the superintendent receives a certified copy of a final | 24976 |
| court order establishing that the offender's conviction has been | 24977 |
| overturned. For purposes of this section, a court order is not | 24978 |
| "final" if time remains for an appeal or application for | 24979 |
| discretionary review with respect to the order. | 24980 |
| Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a | 24981 |
| state correctional institution who satisfies all of the following | 24982 |
| is eligible to apply to the department of rehabilitation and | 24983 |
| correction at a time specified in division (A)(2) of this section | 24984 |
| and in accordance with division (D) of this section for a | 24985 |
| certificate of achievement and employability: | 24986 |
| (a) The prisoner has satisfactorily completed one or more | 24987 |
| in-prison vocational programs approved by rule by the department | 24988 |
| of rehabilitation and correction. | 24989 |
| (b) The prisoner has demonstrated exemplary performance as | 24990 |
| determined by completion of one or more cognitive or behavioral | 24991 |
| improvement programs approved by rule by the department while | 24992 |
| incarcerated in a state correctional institution, while under | 24993 |
| supervision, or during both periods of time. | 24994 |
| (c) The prisoner has completed community service hours. | 24995 |
| (d) The prisoner shows other evidence of achievement and | 24996 |
| rehabilitation while under the jurisdiction of the department. | 24997 |
| (2) An eligible prisoner may apply to the department of | 24998 |
| rehabilitation and correction under division (A)(1) of this | 24999 |
| section for a certificate of achievement and employability no | 25000 |
| earlier than one year prior to the date scheduled for the release | 25001 |
| of the prisoner from department custody and no later than the date | 25002 |
| of release of the prisoner. | 25003 |
| (B)(1) Any prisoner who has been released from a state | 25004 |
| correctional institution, who is under supervision on parole or | 25005 |
| under a post-release control sanction, and who satisfies all of | 25006 |
| the criteria set forth in division (A)(1) of this section is | 25007 |
| eligible to apply to the adult parole authority at a time | 25008 |
| specified in division (B)(2) of this section and in accordance | 25009 |
| with division (D) of this section for a certificate of achievement | 25010 |
| and employability. | 25011 |
| (2) An eligible prisoner may apply to the adult parole | 25012 |
| authority under division (B)(1) of this section for a certificate | 25013 |
| of achievement and employability at any time while the prisoner is | 25014 |
| under supervision on parole or under a post-release control | 25015 |
| sanction. | 25016 |
| (C)(1) An eligible prisoner may apply to the department of | 25017 |
| rehabilitation and correction or to the adult parole authority at | 25018 |
| a time specified in division (A) or (B) of this section, whichever | 25019 |
| is applicable, for a certificate of achievement and employability | 25020 |
| that grants the prisoner relief from one or more mandatory civil | 25021 |
| impacts that would affect a potential job within a field in which | 25022 |
| the prisoner trained as part of the prisoner's in-prison | 25023 |
| vocational program. The prisoner shall specify the mandatory civil | 25024 |
| impacts from which the prisoner is requesting relief under the | 25025 |
| certificate. Upon application by a prisoner in accordance with | 25026 |
| this division, if the mandatory civil impact of any licensing | 25027 |
| agency would be affected by the issuance of the certificate to the | 25028 |
| prisoner, the department or authority shall notify the licensing | 25029 |
| agency of the filing of the application, provide the licensing | 25030 |
| agency with a copy of the application and all evidence that the | 25031 |
| department, authority, or court has regarding the prisoner, and | 25032 |
| afford the licensing agency with an opportunity to object in | 25033 |
| writing to the issuance of the certificate to the prisoner. | 25034 |
| (2) Upon application by a prisoner in accordance with | 25035 |
| division (C)(1) of this section, the department of rehabilitation | 25036 |
| and correction or the adult parole authority, whichever is | 25037 |
| applicable, shall consider the application and all objections to | 25038 |
| the issuance of a certificate of achievement and employability to | 25039 |
| the prisoner, if any, that were made by a licensing agency under | 25040 |
| division (C)(1) of this section. If the department or authority | 25041 |
| determines that the prisoner is an eligible prisoner, that the | 25042 |
| application was filed at a time specified in division (B) of this | 25043 |
| section, and that any licensing agency objections to the issuance | 25044 |
| of the certificate to the prisoner are not sufficient to deny the | 25045 |
| issuance of the certificate to the prisoner, subject to division | 25046 |
| (C)(3) of this section, the department or authority shall issue | 25047 |
| the prisoner a certificate of achievement and employability that | 25048 |
| grants the prisoner relief from the mandatory civil impacts that | 25049 |
| are specified in the prisoner's application and that would affect | 25050 |
| a potential job within a field in which the prisoner trained as | 25051 |
| part of the prisoner's in-prison vocational program. | 25052 |
| (3) The mandatory civil impacts identified in division (A)(1) | 25053 |
| of section 2961.01 and in division (B) of section 2961.02 of the | 25054 |
| Revised Code shall not be affected by any certificate of | 25055 |
| achievement and employability issued under this section. No | 25056 |
| certificate of achievement and employability issued to a prisoner | 25057 |
| under this section grants the prisoner relief from the mandatory | 25058 |
| civil impacts identified in division (A)(1) of section 2961.01 and | 25059 |
| in division (B) of section 2961.02 of the Revised Code. | 25060 |
| (E) The department of rehabilitation and correction shall | 25061 |
| adopt rules that define in-prison vocational programs and | 25062 |
| cognitive or behavioral improvement programs that a prisoner may | 25063 |
| complete to satisfy the criteria described in divisions (A)(1)(a) | 25064 |
| and (b) of this section. | 25065 |
| (F) The department of rehabilitation and correction and the | 25066 |
| adult parole authority shall not be liable for any claim for | 25067 |
| damages arising from the department's or authority's issuance, | 25068 |
| denial, or revocation of a certificate of achievement and | 25069 |
| employability or for the department's or authority's failure to | 25070 |
| revoke a certificate of achievement and employability under the | 25071 |
| circumstances described in section 2961.24 of the Revised Code. | 25072 |
| Sec. 2967.03. The adult parole authority may exercise its | 25073 |
| functions and duties in relation to the pardon, commutation of | 25074 |
| sentence, or reprieve of a convict upon direction of the governor | 25075 |
| or upon its own initiative. It may exercise its functions and | 25076 |
| duties in relation to the parole of a prisoner who is eligible for | 25077 |
| parole upon the initiative of the head of the institution in which | 25078 |
| the prisoner is confined or upon its own initiative. When a | 25079 |
| prisoner becomes eligible for parole, the head of the institution | 25080 |
| in which the prisoner is confined shall notify the authority in | 25081 |
| the manner prescribed by the authority. The authority may | 25082 |
| investigate and examine, or cause the investigation and | 25083 |
| examination of, prisoners confined in state correctional | 25084 |
| institutions concerning their conduct in the institutions, their | 25085 |
| mental and moral qualities and characteristics, their knowledge of | 25086 |
| a trade or profession, their former means of livelihood, their | 25087 |
| family relationships, and any other matters affecting their | 25088 |
| fitness to be at liberty without being a threat to society. | 25089 |
| The authority may recommend to the governor the pardon, | 25090 |
|
commutation of sentence, | 25091 |
| convict or prisoner or grant a parole to any prisoner for whom | 25092 |
| parole is authorized, if in its judgment there is reasonable | 25093 |
|
ground to believe that granting a pardon, commutation, | 25094 |
| 25095 | |
| further the interests of justice and be consistent with the | 25096 |
| welfare and security of society. However, the authority shall not | 25097 |
|
recommend a pardon | 25098 |
| 25099 | |
| authority has complied with the applicable notice requirements of | 25100 |
| sections 2930.16 and 2967.12 of the Revised Code and until it has | 25101 |
| considered any statement made by a victim or a victim's | 25102 |
| representative that is relevant to the convict's or prisoner's | 25103 |
| case and that was sent to the authority pursuant to section | 25104 |
| 2930.17 of the Revised Code, any other statement made by a victim | 25105 |
| or a victim's representative that is relevant to the convict's or | 25106 |
| prisoner's case and that was received by the authority after it | 25107 |
| provided notice of the pendency of the action under sections | 25108 |
| 2930.16 and 2967.12 of the Revised Code, and any written statement | 25109 |
| of any person submitted to the court pursuant to division (G) of | 25110 |
| section 2967.12 of the Revised Code. If a victim, victim's | 25111 |
| representative, or the victim's spouse, parent, sibling, or child | 25112 |
| appears at a full board hearing of the parole board and gives | 25113 |
| testimony as authorized by section 5149.101 of the Revised Code, | 25114 |
| the authority shall consider the testimony in determining whether | 25115 |
| to grant a parole. The trial judge and prosecuting attorney of the | 25116 |
| trial court in which a person was convicted shall furnish to the | 25117 |
| authority, at the request of the authority, a summarized statement | 25118 |
| of the facts proved at the trial and of all other facts having | 25119 |
| reference to the propriety of recommending a pardon, commutation, | 25120 |
| or medical release, or granting a parole, together with a | 25121 |
| recommendation for or against a pardon, commutation, medical | 25122 |
| release, or parole, and the reasons for the recommendation. The | 25123 |
| trial judge, the prosecuting attorney, specified law enforcement | 25124 |
| agency members, and a representative of the prisoner may appear at | 25125 |
| a full board hearing of the parole board and give testimony in | 25126 |
| regard to the grant of a parole to the prisoner as authorized by | 25127 |
| section 5149.101 of the Revised Code. All state and local | 25128 |
| officials shall furnish information to the authority, when so | 25129 |
| requested by it in the performance of its duties. | 25130 |
| The adult parole authority shall exercise its functions and | 25131 |
| duties in relation to the release of prisoners who are serving a | 25132 |
| stated prison term in accordance with section 2967.28 of the | 25133 |
| Revised Code. | 25134 |
| Sec. 2967.05. (A) As used in this section: | 25135 |
| (1) "Imminent danger of death" means that the inmate has a | 25136 |
| medically diagnosable condition that will cause death to occur | 25137 |
| within a short period of time. | 25138 |
| As used in division (A)(1) of this section, "within a short | 25139 |
| period of time" means generally within six months. | 25140 |
| (2)(a) "Medically incapacitated" means any diagnosable | 25141 |
| medical condition, including mental dementia and severe, permanent | 25142 |
| medical or cognitive disability, that prevents the inmate from | 25143 |
| completing activities of daily living without significant | 25144 |
| assistance, that incapacitates the inmate to the extent that | 25145 |
| institutional confinement does not offer additional restrictions, | 25146 |
| that is likely to continue throughout the entire period of parole, | 25147 |
| and that is unlikely to improve noticeably. | 25148 |
| (b) "Medically incapacitated" does not include conditions | 25149 |
| related solely to mental illness unless the mental illness is | 25150 |
| accompanied by injury, disease, or organic defect. | 25151 |
| (3)(a) "Terminal illness" means a condition that satisfies | 25152 |
| all of the following criteria: | 25153 |
| (i) The condition is irreversible and incurable and is caused | 25154 |
| by disease, illness, or injury from which the inmate is unlikely | 25155 |
| to recover. | 25156 |
| (ii) In accordance with reasonable medical standards and a | 25157 |
| reasonable degree of medical certainty, the condition is likely to | 25158 |
| cause death to the inmate within twelve months. | 25159 |
| (iii) Institutional confinement of the inmate does not offer | 25160 |
| additional protections for public safety or against the inmate's | 25161 |
| risk to reoffend. | 25162 |
| (b) The department of rehabilitation and correction shall | 25163 |
| adopt rules pursuant to Chapter 119. of the Revised Code to | 25164 |
| implement the definition of "terminal illness" in division | 25165 |
| (A)(3)(a) of this section. | 25166 |
| (B) Upon the recommendation of the director of rehabilitation | 25167 |
| and correction, accompanied by a certificate of the attending | 25168 |
| physician that an inmate is terminally ill, medically | 25169 |
| incapacitated, or in imminent danger of death, the governor may | 25170 |
| order the inmate's release as if on parole, reserving the right to | 25171 |
| return the inmate to the institution pursuant to this section. If, | 25172 |
| subsequent to the inmate's release, the inmate's health improves | 25173 |
| so that the inmate is no longer terminally ill, medically | 25174 |
| incapacitated, or in imminent danger of death, the inmate shall be | 25175 |
| returned, by order of the governor, to the institution from which | 25176 |
| the inmate was released. If the inmate violates any rules or | 25177 |
| conditions applicable to the inmate, the inmate may be returned to | 25178 |
| an institution under the control of the department of | 25179 |
| rehabilitation and correction. The governor may direct the adult | 25180 |
| parole authority to investigate or cause to be investigated the | 25181 |
|
inmate and make a recommendation | 25182 |
| 25183 | |
| section shall be subject to supervision by the adult parole | 25184 |
| authority in accordance with any recommendation of the adult | 25185 |
| parole authority that is approved by the governor. The adult | 25186 |
| parole authority shall adopt rules pursuant to section 119.03 of | 25187 |
| the Revised Code to establish the procedure for medical release of | 25188 |
| an inmate when an inmate is terminally ill, medically | 25189 |
| incapacitated, or in imminent danger of death. | 25190 |
| (C) No inmate is eligible for release under this section if | 25191 |
| the inmate is serving a death sentence, a sentence of life without | 25192 |
| parole, a sentence under Chapter 2971. of the Revised Code for a | 25193 |
| felony of the first or second degree, a sentence for aggravated | 25194 |
| murder or murder, or a mandatory prison term for an offense of | 25195 |
| violence or any specification described in Chapter 2941. of the | 25196 |
| Revised Code. | 25197 |
| Sec. 2967.14. (A) The department of rehabilitation and | 25198 |
| correction or the adult parole authority may require or allow a | 25199 |
| parolee, a releasee, or a prisoner otherwise released from a state | 25200 |
| correctional institution to reside in a halfway house or other | 25201 |
| suitable community residential center that has been licensed by | 25202 |
| the division of parole and community services pursuant to division | 25203 |
| (C) of this section during a part or for the entire period of the | 25204 |
| offender's or parolee's conditional release or of the releasee's | 25205 |
| term of post-release control. The court of common pleas that | 25206 |
| placed an offender under a sanction consisting of a term in a | 25207 |
| halfway house or in an alternative residential sanction may | 25208 |
| require the offender to reside in a halfway house or other | 25209 |
| suitable community residential center that is designated by the | 25210 |
| court and that has been licensed by the division pursuant to | 25211 |
| division (C) of this section during a part or for the entire | 25212 |
| period of the offender's residential sanction. | 25213 |
| (B) The division of parole and community services may | 25214 |
| negotiate and enter into agreements with any public or private | 25215 |
| agency or a department or political subdivision of the state that | 25216 |
| operates a halfway house, reentry center, or community residential | 25217 |
| center that has been licensed by the division pursuant to division | 25218 |
| (C) of this section. An agreement under this division shall | 25219 |
| provide for the purchase of beds, shall set limits of supervision | 25220 |
| and levels of occupancy, and shall determine the scope of services | 25221 |
| for all eligible offenders, including those subject to a | 25222 |
| residential sanction, as defined in rules adopted by the director | 25223 |
| of rehabilitation and correction in accordance with Chapter 119. | 25224 |
| of the Revised Code, or those released from prison without | 25225 |
| supervision. The payments for beds and services shall not exceed | 25226 |
| the total operating costs of the halfway house, reentry center, or | 25227 |
| community residential center during the term of an agreement. The | 25228 |
| director of rehabilitation and correction shall adopt rules in | 25229 |
| accordance with Chapter 119. of the Revised Code for determining | 25230 |
| includable and excludable costs and income to be used in computing | 25231 |
| the agency's average daily per capita costs with its facility at | 25232 |
| full occupancy. | 25233 |
| The | 25234 |
| shall adopt rules providing for the use of no more than | 25235 |
| fifteen per cent of the amount appropriated to the department each | 25236 |
| fiscal year for the halfway house, reentry center, and community | 25237 |
| residential center program to pay for contracts with licensed | 25238 |
| halfway houses for nonresidential services for offenders under the | 25239 |
| supervision of the adult parole authority, including but not | 25240 |
| limited to, offenders supervised pursuant to an agreement entered | 25241 |
| into by the adult parole authority and a court of common pleas | 25242 |
| under section 2301.32 of the Revised Code. The nonresidential | 25243 |
| services may include, but are not limited to, treatment for | 25244 |
| substance abuse, mental health counseling, counseling for sex | 25245 |
|
offenders, | 25246 |
| other nonresidential services that the director identifies by | 25247 |
| rule. | 25248 |
| (C) The division of parole and community services may license | 25249 |
| a halfway house, reentry center, or community residential center | 25250 |
| as a suitable facility for the care and treatment of adult | 25251 |
| offenders, including offenders sentenced under section 2929.16 or | 25252 |
| 2929.26 of the Revised Code, only if the halfway house, reentry | 25253 |
| center, or community residential center complies with the | 25254 |
| standards that the division adopts in accordance with Chapter 119. | 25255 |
| of the Revised Code for the licensure of halfway houses, reentry | 25256 |
| centers, and community residential centers. The division shall | 25257 |
| annually inspect each licensed halfway house, licensed reentry | 25258 |
| center, and licensed community residential center to determine if | 25259 |
| it is in compliance with the licensure standards. | 25260 |
| Sec. 2967.19. (A) As used in this section: | 25261 |
| (1) "Deadly weapon" and "dangerous ordnance" have the same | 25262 |
| meanings as in section 2923.11 of the Revised Code. | 25263 |
| (2) "Disqualifying prison term" means any of the following: | 25264 |
| (a) A prison term imposed for aggravated murder, murder, | 25265 |
| voluntary manslaughter, involuntary manslaughter, felonious | 25266 |
| assault, kidnapping, rape, aggravated arson, aggravated burglary, | 25267 |
| or aggravated robbery; | 25268 |
| (b) A prison term imposed for complicity in, an attempt to | 25269 |
| commit, or conspiracy to commit any offense listed in division | 25270 |
| (A)(2)(a) of this section; | 25271 |
| (c) A prison term of life imprisonment, including any term of | 25272 |
| life imprisonment that has parole eligibility; | 25273 |
| (d) A prison term imposed for any felony other than carrying | 25274 |
| a concealed weapon an essential element of which is any conduct or | 25275 |
| failure to act expressly involving any deadly weapon or dangerous | 25276 |
| ordnance; | 25277 |
| (e) A prison term imposed for any violation of section | 25278 |
| 2925.03 of the Revised Code that is a felony of the first or | 25279 |
| second degree; | 25280 |
| (f) A prison term imposed for engaging in a pattern of | 25281 |
| corrupt activity in violation of section 2923.32 of the Revised | 25282 |
| Code; | 25283 |
| (g) A prison term imposed pursuant to section 2971.03 of the | 25284 |
| Revised Code; | 25285 |
| (h) A prison term imposed for any sexually oriented offense. | 25286 |
| (3) "Eligible prison term" means any prison term that is not | 25287 |
| a disqualifying prison term and is not a restricting prison term. | 25288 |
| (4) "Restricting prison term" means any of the following: | 25289 |
| (a) A mandatory prison term imposed under division | 25290 |
| 25291 | |
| 25292 | |
| a specification of the type described in that division; | 25293 |
| (b) In the case of an offender who has been sentenced to a | 25294 |
| mandatory prison term for a specification of the type described in | 25295 |
| division (A)(4)(a) of this section, the prison term imposed for | 25296 |
| the felony offense for which the specification was stated at the | 25297 |
| end of the body of the indictment, count in the indictment, or | 25298 |
| information charging the offense; | 25299 |
| (c) A prison term imposed for trafficking in persons; | 25300 |
| (d) A prison term imposed for any offense that is described | 25301 |
| in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii) | 25302 |
| of this section applies to the offender: | 25303 |
| (i) The offense is a felony of the first or second degree | 25304 |
| that is an offense of violence and that is not described in | 25305 |
| division (A)(2)(a) or (b) of this section, an attempt to commit a | 25306 |
| felony of the first or second degree that is an offense of | 25307 |
| violence and that is not described in division (A)(2)(a) or (b) of | 25308 |
| this section if the attempt is a felony of the first or second | 25309 |
| degree, or an offense under an existing or former law of this | 25310 |
| state, another state, or the United States that is or was | 25311 |
| substantially equivalent to any other offense described in this | 25312 |
| division. | 25313 |
| (ii) The offender previously was convicted of or pleaded | 25314 |
| guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of | 25315 |
| this section. | 25316 |
| (5) "Sexually oriented offense" has the same meaning as in | 25317 |
| section 2950.01 of the Revised Code. | 25318 |
| (B) The director of the department of rehabilitation and | 25319 |
|
correction may
| 25320 |
|
court | 25321 |
|
prison | 25322 |
|
confined in a state correctional institution | 25323 |
| a stated prison term of one year or more, and who is eligible | 25324 |
| under division (C) of this section for a release under this | 25325 |
|
section | 25326 |
| 25327 | |
| 25328 | |
| 25329 | |
| consider releasing an offender under this section, the director | 25330 |
|
shall | 25331 |
| of the offender's eligibility not earlier than ninety days prior | 25332 |
|
to the date on which the offender | 25333 |
| 25334 | |
| 25335 | |
|
section. The director's submission of | 25336 |
| 25337 | |
| the director that the court strongly consider release of the | 25338 |
| offender consistent with the purposes and principles of sentencing | 25339 |
| set forth in sections 2929.11 and 2929.13 of the Revised Code. | 25340 |
| Only an offender recommended by the director under division (B) of | 25341 |
| this section may be considered for early release under this | 25342 |
| section. | 25343 |
| (C)(1) An offender serving a stated prison term of one year | 25344 |
| or more and who has commenced service of that stated prison term | 25345 |
| becomes eligible for release from prison under this section only | 25346 |
| as described in this division. An offender serving a stated prison | 25347 |
| term that includes a disqualifying prison term is not eligible for | 25348 |
| release from prison under this section. An offender serving a | 25349 |
| stated prison term that consists solely of one or more restricting | 25350 |
| prison terms is not eligible for release under this section. An | 25351 |
| offender serving a stated prison term of one year or more that | 25352 |
| includes one or more restricting prison terms and one or more | 25353 |
| eligible prison terms becomes eligible for release under this | 25354 |
|
section after having fully served | 25355 |
| terms and having served eighty per cent of the stated prison term | 25356 |
| that remains to be served after all restricting prison terms have | 25357 |
| been fully served. An offender serving a stated prison term that | 25358 |
| consists solely of one or more eligible prison terms becomes | 25359 |
|
eligible for release under this section | 25360 |
| 25361 | |
|
that stated prison term. | 25362 |
| 25363 | |
| 25364 | |
| 25365 | |
| 25366 | |
| 25367 | |
| determining an offender's eligibility for release under this | 25368 |
| section, if the offender's stated prison term includes consecutive | 25369 |
| prison terms, any restricting prison terms shall be deemed served | 25370 |
| prior to any eligible prison terms that run consecutively to the | 25371 |
| restricting prison terms, and the eligible prison terms are deemed | 25372 |
| to commence after all of the restricting prison terms have been | 25373 |
| fully served. | 25374 |
| An offender serving a stated prison term | 25375 |
| more that includes a mandatory prison term that is not a | 25376 |
| disqualifying prison term and is not a restricting prison term is | 25377 |
| not automatically ineligible as a result of the offender's service | 25378 |
| of that mandatory term for release from prison under this section, | 25379 |
| and the offender's eligibility for release from prison under this | 25380 |
| section is determined in accordance with this division. | 25381 |
| (2) If an offender confined in a state correctional | 25382 |
| institution under a stated prison term is eligible for release | 25383 |
| under this section as described in division (C)(1) of this | 25384 |
| section, the director of the department of rehabilitation and | 25385 |
|
correction may
| 25386 |
|
court | 25387 |
| consider releasing the offender from prison | 25388 |
| this section by submitting to the sentencing court the written | 25389 |
| notice described in division (B) of this section. | 25390 |
| (D) The director shall include with any | 25391 |
| submitted to the sentencing court under division (B) of this | 25392 |
| section an institutional summary report that covers the offender's | 25393 |
| participation while confined in a state correctional institution | 25394 |
| in school, training, work, treatment, and other rehabilitative | 25395 |
| activities and any disciplinary action taken against the offender | 25396 |
|
while so confined. The director shall include with the | 25397 |
| 25398 | |
| 25399 | |
| available. | 25400 |
| (E) When the director submits a | 25401 |
| sentencing court that an offender is eligible to be considered for | 25402 |
|
early release under this section
| 25403 |
| department promptly shall provide to the prosecuting attorney of | 25404 |
| the county in which the offender was indicted a copy of the | 25405 |
| 25406 | |
| report, and any other information provided to the court. The | 25407 |
|
department also promptly shall give written notice of the | 25408 |
| 25409 | |
| victim's representative of any victim of the offender who is | 25410 |
| registered with the office of victim's services. | 25411 |
| The department also shall post a copy of the written notice | 25412 |
| 25413 | |
| of the Revised Code and include information on where a person may | 25414 |
|
send comments regarding the | 25415 |
| release. | 25416 |
| The information provided to the court, the prosecutor, and | 25417 |
| the victim or victim's representative under divisions (D) and (E) | 25418 |
| of this section shall include the name and contact information of | 25419 |
| a specific department of rehabilitation and correction employee | 25420 |
| who is available to answer questions about the offender who is the | 25421 |
| subject of the written notice submitted by the director, | 25422 |
| including, but not limited to, the offender's institutional | 25423 |
| conduct and rehabilitative activities while incarcerated. | 25424 |
| (F) Upon receipt of a | 25425 |
| written notice submitted by the director under division (B) of | 25426 |
|
this section, the court | 25427 |
| shall, on its own motion, schedule a hearing to consider releasing | 25428 |
| the offender who is the subject of the notice or shall inform the | 25429 |
| department that it will not be conducting a hearing relative to | 25430 |
|
the offender. The court shall not grant | 25431 |
|
release | 25432 |
| 25433 | |
| hold a hearing relative to an offender with respect to a written | 25434 |
| notice submitted by the director, the court may later consider | 25435 |
|
release of that offender under this section on | 25436 |
| 25437 | |
| by scheduling a hearing for that purpose. Within thirty days after | 25438 |
|
the | 25439 |
| inform the department whether or not the court is scheduling a | 25440 |
| hearing on the offender who is the subject of the notice. | 25441 |
| (G) If the court | 25442 |
|
a | 25443 |
| under division (B) of this section or upon its own motion under | 25444 |
| division (F) of this section, the court shall notify the head of | 25445 |
| the state correctional institution in which the offender is | 25446 |
| confined of the hearing prior to the hearing. If the court makes a | 25447 |
| journal entry ordering the offender to be conveyed to the hearing, | 25448 |
| except as otherwise provided in this division, the head of the | 25449 |
| correctional institution shall deliver the offender to the sheriff | 25450 |
| of the county in which the hearing is to be held, and the sheriff | 25451 |
| shall convey the offender to and from the hearing. Upon the | 25452 |
| court's own motion or the motion of the offender or the | 25453 |
| prosecuting attorney of the county in which the offender was | 25454 |
| indicted, the court may permit the offender to appear at the | 25455 |
| hearing by video conferencing equipment if equipment of that | 25456 |
| nature is available and compatible. | 25457 |
| Upon receipt of notice from a court of a hearing on the | 25458 |
| release of an offender under this division, the head of the state | 25459 |
| correctional institution in which the offender is confined | 25460 |
| immediately shall notify the appropriate person at the department | 25461 |
| of rehabilitation and correction of the hearing, and the | 25462 |
| department within twenty-four hours after receipt of the notice | 25463 |
| shall post on the database it maintains pursuant to section | 25464 |
| 5120.66 of the Revised Code the offender's name and all of the | 25465 |
| information specified in division (A)(1)(c)(i) of that section. If | 25466 |
|
the court | 25467 |
| 25468 | |
| notice of the hearing to the prosecuting attorney of the county in | 25469 |
| which the offender was indicted. Upon receipt of the notice from | 25470 |
| the court, the prosecuting attorney shall notify pursuant to | 25471 |
| section 2930.16 of the Revised Code any victim of the offender or | 25472 |
| the victim's representative of the hearing. | 25473 |
| (H) If the court | 25474 |
| 25475 | |
| court shall afford the offender and the offender's attorney an | 25476 |
| opportunity to present written information and, if present, oral | 25477 |
|
information relevant to the | 25478 |
| court shall afford a similar opportunity to the prosecuting | 25479 |
| attorney, victim or victim's representative, as defined in section | 25480 |
| 2930.01 of the Revised Code, and any other person the court | 25481 |
| determines is likely to present additional relevant information. | 25482 |
| If the court pursuant to division (G) of this section permits the | 25483 |
| offender to appear at the hearing by video conferencing equipment, | 25484 |
| the offender's opportunity to present oral information shall be as | 25485 |
| a part of the video conferencing. The court shall consider any | 25486 |
| statement of a victim made under section 2930.14 or 2930.17 of the | 25487 |
| Revised Code, any victim impact statement prepared under section | 25488 |
|
2947.051 of the Revised Code, and any report | 25489 |
| documentation submitted by the director under division (D) of this | 25490 |
|
section. After ruling on | 25491 |
| early release, the court shall notify the victim in accordance | 25492 |
| with sections 2930.03 and 2930.16 of the Revised Code. | 25493 |
| (I) If the court grants | 25494 |
| early release under this section, it shall order the release of | 25495 |
| the offender, shall place the offender under one or more | 25496 |
| appropriate community control sanctions, under appropriate | 25497 |
| conditions, and under the supervision of the department of | 25498 |
| probation that serves the court, and shall reserve the right to | 25499 |
| reimpose the sentence that it reduced and from which the offender | 25500 |
| was released if the offender violates the sanction. The court | 25501 |
| shall not make a release under this section effective prior to the | 25502 |
|
date on which the offender | 25503 |
| 25504 | |
| 25505 | |
| section. If the sentence under which the offender is confined in a | 25506 |
| state correctional institution and from which the offender is | 25507 |
| being released was imposed for a felony of the first or second | 25508 |
| degree, the court shall consider ordering that the offender be | 25509 |
| monitored by means of a global positioning device. If the court | 25510 |
| reimposes the sentence that it reduced and from which the offender | 25511 |
| was released and if the violation of the sanction is a new | 25512 |
| offense, the court may order that the reimposed sentence be served | 25513 |
| either concurrently with, or consecutive to, any new sentence | 25514 |
| imposed upon the offender as a result of the violation that is a | 25515 |
| new offense. The period of all community control sanctions imposed | 25516 |
| under this division shall not exceed five years. The court, in its | 25517 |
| discretion, may reduce the period of community control sanctions | 25518 |
| by the amount of time the offender spent in jail or prison for the | 25519 |
| offense. | 25520 |
| If the court grants | 25521 |
| early release under this section, it shall notify the appropriate | 25522 |
| person at the department of rehabilitation and correction of the | 25523 |
| release, and the department shall post notice of the release on | 25524 |
| the database it maintains pursuant to section 5120.66 of the | 25525 |
| Revised Code. | 25526 |
| (J) The department shall adopt under Chapter 119. of the | 25527 |
| Revised Code any rules necessary to implement this section. | 25528 |
| Sec. 2967.191. The department of rehabilitation and | 25529 |
| correction shall reduce the stated prison term of a prisoner or, | 25530 |
| if the prisoner is serving a term for which there is parole | 25531 |
| eligibility, the minimum and maximum term or the parole | 25532 |
| eligibility date of the prisoner by the total number of days that | 25533 |
| the prisoner was confined for any reason arising out of the | 25534 |
| offense for which the prisoner was convicted and sentenced, | 25535 |
| including confinement in lieu of bail while awaiting trial, | 25536 |
| confinement for examination to determine the prisoner's competence | 25537 |
| to stand trial or sanity, and confinement while awaiting | 25538 |
| transportation to the place where the prisoner is to serve the | 25539 |
| prisoner's prison term, as determined by the sentencing court | 25540 |
| under division (B)(2)(h)(i) of section 2929.19 of the Revised | 25541 |
| Code. The department of rehabilitation and correction also shall | 25542 |
| reduce the stated prison term of a prisoner or, if the prisoner is | 25543 |
| serving a term for which there is parole eligibility, the minimum | 25544 |
| and maximum term or the parole eligibility date of the prisoner by | 25545 |
| the total number of days, if any, that the prisoner previously | 25546 |
| served in the custody of the department of rehabilitation and | 25547 |
| correction arising out of the offense for which the prisoner was | 25548 |
| convicted and sentenced. | 25549 |
| Sec. 2967.193. (A)(1) Except as provided in division (C) of | 25550 |
| this section and subject to the maximum aggregate total specified | 25551 |
| in division (A)(2) of this section, a person confined in a state | 25552 |
| correctional institution may provisionally earn one day or five | 25553 |
| days of credit, based on the category set forth in division | 25554 |
| (D)(1), (2), (3), (4), or (5) of this section in which the person | 25555 |
| is included, toward satisfaction of the person's stated prison | 25556 |
| term for each completed month during which the person productively | 25557 |
| participates in an education program, vocational training, | 25558 |
| employment in prison industries, treatment for substance abuse, or | 25559 |
| any other constructive program developed by the department with | 25560 |
| specific standards for performance by prisoners. Except as | 25561 |
| provided in division (C) of this section and subject to the | 25562 |
| maximum aggregate total specified in division (A)(2) of this | 25563 |
| section, a person so confined who successfully completes two | 25564 |
| programs or activities of that type may, in addition, | 25565 |
| provisionally earn up to five days of credit toward satisfaction | 25566 |
| of the person's stated prison term for the successful completion | 25567 |
| of the second program or activity. The person shall not be awarded | 25568 |
| any provisional days of credit for the successful completion of | 25569 |
| the first program or activity or for the successful completion of | 25570 |
| any program or activity that is completed after the second program | 25571 |
| or activity. At the end of each calendar month in which a prisoner | 25572 |
| productively participates in a program or activity listed in this | 25573 |
| division or successfully completes a program or activity listed in | 25574 |
| this division, the department of rehabilitation and correction | 25575 |
| shall determine and record the total number of days credit that | 25576 |
| the prisoner provisionally earned in that calendar month. If the | 25577 |
| prisoner violates prison rules, the department may deny the | 25578 |
| prisoner a credit that otherwise could have been provisionally | 25579 |
| awarded to the prisoner or may withdraw one or more credits | 25580 |
| previously provisionally earned by the prisoner. Days of credit | 25581 |
| provisionally earned by a prisoner shall be finalized and awarded | 25582 |
| by the department subject to administrative review by the | 25583 |
| department of the prisoner's conduct. | 25584 |
| (2) The aggregate days of credit provisionally earned by a | 25585 |
| person for program or activity participation and program and | 25586 |
| activity completion under this section and the aggregate days of | 25587 |
| credit finally credited to a person under this section shall not | 25588 |
| exceed eight per cent of the total number of days in the person's | 25589 |
| stated prison term. | 25590 |
| (B) The department of rehabilitation and correction shall | 25591 |
| adopt rules that specify the programs or activities for which | 25592 |
| credit may be earned under this section, the criteria for | 25593 |
| determining productive participation in, or completion of, the | 25594 |
| programs or activities and the criteria for awarding credit, | 25595 |
| including criteria for awarding additional credit for successful | 25596 |
| program or activity completion, and the criteria for denying or | 25597 |
| withdrawing previously provisionally earned credit as a result of | 25598 |
| a violation of prison rules. | 25599 |
| (C) No person confined in a state correctional institution to | 25600 |
| whom any of the following applies shall be awarded any days of | 25601 |
| credit under division (A) of this section: | 25602 |
| (1) The person is serving a prison term that section 2929.13 | 25603 |
| or section 2929.14 of the Revised Code specifies cannot be reduced | 25604 |
|
pursuant to this section or this | 25605 |
| sentence for which section 2967.13 or division (B) of section | 25606 |
| 2929.143 of the Revised Code specifies that the person is not | 25607 |
| entitled to any earned credit under this section. | 25608 |
| (2) The person is sentenced to death or is serving a prison | 25609 |
| term or a term of life imprisonment for aggravated murder, murder, | 25610 |
| or a conspiracy or attempt to commit, or complicity in committing, | 25611 |
| aggravated murder or murder. | 25612 |
| (3) The person is serving a sentence of life imprisonment | 25613 |
| without parole imposed pursuant to section 2929.03 or 2929.06 of | 25614 |
| the Revised Code, a prison term or a term of life imprisonment | 25615 |
| without parole imposed pursuant to section 2971.03 of the Revised | 25616 |
| Code, or a sentence for a sexually oriented offense that was | 25617 |
|
committed on or after | 25618 |
| September 30, 2011. | 25619 |
| (D) This division does not apply to a determination of | 25620 |
| whether a person confined in a state correctional institution may | 25621 |
| earn any days of credit under division (A) of this section for | 25622 |
| successful completion of a second program or activity. The | 25623 |
| determination of whether a person confined in a state correctional | 25624 |
| institution may earn one day of credit or five days of credit | 25625 |
| under division (A) of this section for each completed month during | 25626 |
| which the person productively participates in a program or | 25627 |
| activity specified under that division shall be made in accordance | 25628 |
| with the following: | 25629 |
| (1) The offender may earn one day of credit under division | 25630 |
| (A) of this section, except as provided in division (C) of this | 25631 |
| section, if the most serious offense for which the offender is | 25632 |
| confined is any of the following that is a felony of the first or | 25633 |
| second degree, regardless of the date of that offense: | 25634 |
| (a) A violation of division (A) of section 2903.04 or of | 25635 |
| section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25, | 25636 |
| 2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29, | 25637 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22, | 25638 |
| 2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24 | 25639 |
| of the Revised Code; | 25640 |
| (b) A conspiracy or attempt to commit, or complicity in | 25641 |
| committing, any other offense for which the maximum penalty is | 25642 |
| imprisonment for life or any offense listed in division (D)(1)(a) | 25643 |
| of this section. | 25644 |
| (2) The offender may earn one day of credit under division | 25645 |
| (A) of this section, except as provided in division (C) of this | 25646 |
| section, if the offender is serving a stated prison term that | 25647 |
| includes a prison term imposed for a sexually oriented offense | 25648 |
|
that the offender committed prior to | 25649 |
| 25650 |
| (3) The offender may earn one day of credit under division | 25651 |
| (A) of this section, except as provided in division (C) of this | 25652 |
| section, if the offender is serving a stated prison term that | 25653 |
| includes a prison term imposed for a felony other than carrying a | 25654 |
| concealed weapon an essential element of which is any conduct or | 25655 |
| failure to act expressly involving any deadly weapon or dangerous | 25656 |
| ordnance, regardless of the date of that offense. | 25657 |
| (4) Except as provided in division (C) of this section, if | 25658 |
| the most serious offense for which the offender is confined is a | 25659 |
| felony of the first or second degree and divisions (D)(1), (2), | 25660 |
|
and (3) of this section do not apply to the offender, | 25661 |
| 25662 | |
| 25663 | |
| 25664 | |
|
under division (A) of this section | 25665 |
| 25666 | |
| regardless of the date of that offense. | 25667 |
| (5) Except as provided in division (C) of this section, if | 25668 |
| the most serious offense for which the offender is confined is a | 25669 |
| felony of the third, fourth, or fifth degree or an unclassified | 25670 |
| felony and neither division (D)(2) nor (3) of this section applies | 25671 |
|
to the offender, | 25672 |
| 25673 | |
| 25674 | |
| offender may earn five days of credit under division (A) of this | 25675 |
|
section | 25676 |
| 25677 | |
| offense. | 25678 |
| (E) If a court imposes a sentence including a prison term on | 25679 |
|
or after | 25680 |
| for a felony, and if the court is required to include notice of | 25681 |
| the type described in division (F)(3) of section 2929.14 of the | 25682 |
| Revised Code in the offender's sentence, the failure of the court | 25683 |
| to include the notice does not affect the eligibility of the | 25684 |
| offender under this section to earn any days of credit as a | 25685 |
| deduction from the offender's stated prison term or otherwise | 25686 |
| render any part of this section or any action taken under this | 25687 |
| section void or voidable and does not constitute grounds for | 25688 |
| setting aside the offender's conviction or sentence or for | 25689 |
| granting postconviction relief to the offender. | 25690 |
| (F) The department annually shall seek and consider the | 25691 |
| written feedback of the Ohio prosecuting attorneys association, | 25692 |
| the Ohio judicial conference, the Ohio public defender, the Ohio | 25693 |
| association of criminal defense lawyers, and other organizations | 25694 |
| and associations that have an interest in the operation of the | 25695 |
| corrections system and the earned credits program under this | 25696 |
| section as part of its evaluation of the program and in | 25697 |
| determining whether to modify the program. | 25698 |
| (G) As used in this section, "sexually oriented offense" has | 25699 |
| the same meaning as in section 2950.01 of the Revised Code. | 25700 |
| Sec. 2967.26. (A)(1) The department of rehabilitation and | 25701 |
| correction, by rule, may establish a transitional control program | 25702 |
| for the purpose of closely monitoring a prisoner's adjustment to | 25703 |
| community supervision during the final one hundred eighty days of | 25704 |
| the prisoner's confinement. If the department establishes a | 25705 |
| transitional control program under this division, the adult parole | 25706 |
| authority may transfer eligible prisoners to transitional control | 25707 |
| status under the program during the final one hundred eighty days | 25708 |
| of their confinement and under the terms and conditions | 25709 |
| established by the department, shall provide for the confinement | 25710 |
| as provided in this division of each eligible prisoner so | 25711 |
| transferred, and shall supervise each eligible prisoner so | 25712 |
| transferred in one or more community control sanctions. Each | 25713 |
| eligible prisoner who is transferred to transitional control | 25714 |
| status under the program shall be confined in a suitable facility | 25715 |
| that is licensed pursuant to division (C) of section 2967.14 of | 25716 |
| the Revised Code, or shall be confined in a residence the | 25717 |
| department has approved for this purpose and be monitored pursuant | 25718 |
| to an electronic monitoring device, as defined in section 2929.01 | 25719 |
| of the Revised Code. If the department establishes a transitional | 25720 |
| control program under this division, the rules establishing the | 25721 |
| program shall include criteria that define which prisoners are | 25722 |
| eligible for the program, criteria that must be satisfied to be | 25723 |
| approved as a residence that may be used for confinement under the | 25724 |
| program of a prisoner that is transferred to it and procedures for | 25725 |
| the department to approve residences that satisfy those criteria, | 25726 |
| and provisions of the type described in division (C) of this | 25727 |
| section. At a minimum, the criteria that define which prisoners | 25728 |
| are eligible for the program shall provide all of the following: | 25729 |
| (a) That a prisoner is eligible for the program if the | 25730 |
| prisoner is serving a prison term or term of imprisonment for an | 25731 |
| offense committed prior to March 17, 1998, and if, at the time at | 25732 |
| which eligibility is being determined, the prisoner would have | 25733 |
| been eligible for a furlough under this section as it existed | 25734 |
| immediately prior to March 17, 1998, or would have been eligible | 25735 |
| for conditional release under former section 2967.23 of the | 25736 |
| Revised Code as that section existed immediately prior to March | 25737 |
| 17, 1998; | 25738 |
| (b) That no prisoner who is serving a mandatory prison term | 25739 |
| is eligible for the program until after expiration of the | 25740 |
| mandatory term; | 25741 |
| (c) That no prisoner who is serving a prison term or term of | 25742 |
| life imprisonment without parole imposed pursuant to section | 25743 |
| 2971.03 of the Revised Code is eligible for the program. | 25744 |
| (2) At least three weeks prior to transferring to | 25745 |
| transitional control under this section a prisoner who is serving | 25746 |
| a term of imprisonment or prison term for an offense committed on | 25747 |
|
or after July 1, 1996, the | 25748 |
| community services of the department of rehabilitation and | 25749 |
| correction shall give notice of the pendency of the transfer to | 25750 |
| transitional control to the court of common pleas of the county in | 25751 |
| which the indictment against the prisoner was found and of the | 25752 |
| fact that the court may disapprove the transfer of the prisoner to | 25753 |
| transitional control and shall include a report prepared by the | 25754 |
| head of the state correctional institution in which the prisoner | 25755 |
| is confined. The head of the state correctional institution in | 25756 |
| which the prisoner is confined, upon the request of the adult | 25757 |
| parole authority, shall provide to the authority for inclusion in | 25758 |
| the notice sent to the court under this division a report on the | 25759 |
| prisoner's conduct in the institution and in any institution from | 25760 |
| which the prisoner may have been transferred. The report shall | 25761 |
| cover the prisoner's participation in school, vocational training, | 25762 |
| work, treatment, and other rehabilitative activities and any | 25763 |
| disciplinary action taken against the prisoner. If the court | 25764 |
| disapproves of the transfer of the prisoner to transitional | 25765 |
| control, the court shall notify the authority of the disapproval | 25766 |
| within thirty days after receipt of the notice. If the court | 25767 |
| timely disapproves the transfer of the prisoner to transitional | 25768 |
| control, the authority shall not proceed with the transfer. If the | 25769 |
| court does not timely disapprove the transfer of the prisoner to | 25770 |
| transitional control, the authority may transfer the prisoner to | 25771 |
| transitional control. | 25772 |
| (3) If the victim of an offense for which a prisoner was | 25773 |
| sentenced to a prison term or term of imprisonment has requested | 25774 |
| notification under section 2930.16 of the Revised Code and has | 25775 |
| provided the department of rehabilitation and correction with the | 25776 |
| victim's name and address, the adult parole authority, at least | 25777 |
| three weeks prior to transferring the prisoner to transitional | 25778 |
| control pursuant to this section, shall notify the victim of the | 25779 |
| pendency of the transfer and of the victim's right to submit a | 25780 |
| statement to the authority regarding the impact of the transfer of | 25781 |
| the prisoner to transitional control. If the victim subsequently | 25782 |
| submits a statement of that nature to the authority, the authority | 25783 |
| shall consider the statement in deciding whether to transfer the | 25784 |
| prisoner to transitional control. | 25785 |
| (4) The department of rehabilitation and correction, at least | 25786 |
| three weeks prior to transferring a prisoner to transitional | 25787 |
| control pursuant to this section, shall post on the database it | 25788 |
| maintains pursuant to section 5120.66 of the Revised Code the | 25789 |
| prisoner's name and all of the information specified in division | 25790 |
| (A)(1)(c)(iv) of that section. In addition to and independent of | 25791 |
| the right of a victim to submit a statement as described in | 25792 |
| division (A)(3) of this section or to otherwise make a statement | 25793 |
| and in addition to and independent of any other right or duty of a | 25794 |
| person to present information or make a statement, any person may | 25795 |
| send to the adult parole authority at any time prior to the | 25796 |
| authority's transfer of the prisoner to transitional control a | 25797 |
| written statement regarding the transfer of the prisoner to | 25798 |
| transitional control. In addition to the information, reports, and | 25799 |
| statements it considers under divisions (A)(2) and (3) of this | 25800 |
| section or that it otherwise considers, the authority shall | 25801 |
| consider each statement submitted in accordance with this division | 25802 |
| in deciding whether to transfer the prisoner to transitional | 25803 |
| control. | 25804 |
| (B) Each prisoner transferred to transitional control under | 25805 |
| this section shall be confined in the manner described in division | 25806 |
| (A) of this section during any period of time that the prisoner is | 25807 |
| not actually working at the prisoner's approved employment, | 25808 |
| engaged in a vocational training or another educational program, | 25809 |
| engaged in another program designated by the director, or engaged | 25810 |
| in other activities approved by the department. | 25811 |
| (C) The department of rehabilitation and correction shall | 25812 |
| adopt rules for transferring eligible prisoners to transitional | 25813 |
| control, supervising and confining prisoners so transferred, | 25814 |
| administering the transitional control program in accordance with | 25815 |
| this section, and using the moneys deposited into the transitional | 25816 |
| control fund established under division (E) of this section. | 25817 |
| (D) The department of rehabilitation and correction may adopt | 25818 |
| rules for the issuance of passes for the limited purposes | 25819 |
| described in this division to prisoners who are transferred to | 25820 |
| transitional control under this section. If the department adopts | 25821 |
| rules of that nature, the rules shall govern the granting of the | 25822 |
| passes and shall provide for the supervision of prisoners who are | 25823 |
| temporarily released pursuant to one of those passes. Upon the | 25824 |
| adoption of rules under this division, the department may issue | 25825 |
| passes to prisoners who are transferred to transitional control | 25826 |
| status under this section in accordance with the rules and the | 25827 |
| provisions of this division. All passes issued under this division | 25828 |
| shall be for a maximum of forty-eight hours and may be issued only | 25829 |
| for the following purposes: | 25830 |
| (1) To visit a relative in imminent danger of death; | 25831 |
| (2) To have a private viewing of the body of a deceased | 25832 |
| relative; | 25833 |
| (3) To visit with family; | 25834 |
| (4) To otherwise aid in the rehabilitation of the prisoner. | 25835 |
| (E) The adult parole authority may require a prisoner who is | 25836 |
| transferred to transitional control to pay to the division of | 25837 |
| parole and community services the reasonable expenses incurred by | 25838 |
| the division in supervising or confining the prisoner while under | 25839 |
| transitional control. Inability to pay those reasonable expenses | 25840 |
| shall not be grounds for refusing to transfer an otherwise | 25841 |
| eligible prisoner to transitional control. Amounts received by the | 25842 |
| division of parole and community services under this division | 25843 |
| shall be deposited into the transitional control fund, which is | 25844 |
| hereby created in the state treasury and which hereby replaces and | 25845 |
| succeeds the furlough services fund that formerly existed in the | 25846 |
| state treasury. All moneys that remain in the furlough services | 25847 |
| fund on March 17, 1998, shall be transferred on that date to the | 25848 |
| transitional control fund. The transitional control fund shall be | 25849 |
| used solely to pay costs related to the operation of the | 25850 |
| transitional control program established under this section. The | 25851 |
| director of rehabilitation and correction shall adopt rules in | 25852 |
| accordance with section 111.15 of the Revised Code for the use of | 25853 |
| the fund. | 25854 |
| (F) A prisoner who violates any rule established by the | 25855 |
| department of rehabilitation and correction under division (A), | 25856 |
| (C), or (D) of this section may be transferred to a state | 25857 |
| correctional institution pursuant to rules adopted under division | 25858 |
| (A), (C), or (D) of this section, but the prisoner shall receive | 25859 |
| credit towards completing the prisoner's sentence for the time | 25860 |
| spent under transitional control. | 25861 |
| If a prisoner is transferred to transitional control under | 25862 |
| this section, upon successful completion of the period of | 25863 |
| transitional control, the prisoner may be released on parole or | 25864 |
| under post-release control pursuant to section 2967.13 or 2967.28 | 25865 |
| of the Revised Code and rules adopted by the department of | 25866 |
| rehabilitation and correction. If the prisoner is released under | 25867 |
| post-release control, the duration of the post-release control, | 25868 |
| the type of post-release control sanctions that may be imposed, | 25869 |
| the enforcement of the sanctions, and the treatment of prisoners | 25870 |
| who violate any sanction applicable to the prisoner are governed | 25871 |
| by section 2967.28 of the Revised Code. | 25872 |
| Sec. 2967.28. (A) As used in this section: | 25873 |
| (1) "Monitored time" means the monitored time sanction | 25874 |
| specified in section 2929.17 of the Revised Code. | 25875 |
| (2) "Deadly weapon" and "dangerous ordnance" have the same | 25876 |
| meanings as in section 2923.11 of the Revised Code. | 25877 |
| (3) "Felony sex offense" means a violation of a section | 25878 |
| contained in Chapter 2907. of the Revised Code that is a felony. | 25879 |
| (4) "Risk reduction sentence" means a prison term imposed by | 25880 |
| a court, when the court recommends pursuant to section 2929.143 of | 25881 |
| the Revised Code that the offender serve the sentence under | 25882 |
| section 5120.036 of the Revised Code, and the offender may | 25883 |
| potentially be released from imprisonment prior to the expiration | 25884 |
| of the prison term if the offender successfully completes all | 25885 |
| assessment and treatment or programming required by the department | 25886 |
| of rehabilitation and correction under section 5120.036 of the | 25887 |
| Revised Code. | 25888 |
| (B) Each sentence to a prison term for a felony of the first | 25889 |
| degree, for a felony of the second degree, for a felony sex | 25890 |
| offense, or for a felony of the third degree that is not a felony | 25891 |
| sex offense and in the commission of which the offender caused or | 25892 |
| threatened to cause physical harm to a person shall include a | 25893 |
| requirement that the offender be subject to a period of | 25894 |
| post-release control imposed by the parole board after the | 25895 |
| offender's release from imprisonment. This division applies with | 25896 |
| respect to all prison terms of a type described in this division, | 25897 |
| including a term of any such type that is a risk reduction | 25898 |
| sentence. If a court imposes a sentence including a prison term of | 25899 |
| a type described in this division on or after July 11, 2006, the | 25900 |
| failure of a sentencing court to notify the offender pursuant to | 25901 |
| division (B)(2)(c) of section 2929.19 of the Revised Code of this | 25902 |
| requirement or to include in the judgment of conviction entered on | 25903 |
| the journal a statement that the offender's sentence includes this | 25904 |
| requirement does not negate, limit, or otherwise affect the | 25905 |
| mandatory period of supervision that is required for the offender | 25906 |
| under this division. Section 2929.191 of the Revised Code applies | 25907 |
| if, prior to July 11, 2006, a court imposed a sentence including a | 25908 |
| prison term of a type described in this division and failed to | 25909 |
| notify the offender pursuant to division (B)(2)(c) of section | 25910 |
| 2929.19 of the Revised Code regarding post-release control or to | 25911 |
| include in the judgment of conviction entered on the journal or in | 25912 |
| the sentence pursuant to division (D)(1) of section 2929.14 of the | 25913 |
| Revised Code a statement regarding post-release control. Unless | 25914 |
| reduced by the parole board pursuant to division (D) of this | 25915 |
| section when authorized under that division, a period of | 25916 |
| post-release control required by this division for an offender | 25917 |
| shall be of one of the following periods: | 25918 |
| (1) For a felony of the first degree or for a felony sex | 25919 |
| offense, five years; | 25920 |
| (2) For a felony of the second degree that is not a felony | 25921 |
| sex offense, three years; | 25922 |
| (3) For a felony of the third degree that is not a felony sex | 25923 |
| offense and in the commission of which the offender caused or | 25924 |
| threatened physical harm to a person, three years. | 25925 |
| (C) Any sentence to a prison term for a felony of the third, | 25926 |
| fourth, or fifth degree that is not subject to division (B)(1) or | 25927 |
| (3) of this section shall include a requirement that the offender | 25928 |
| be subject to a period of post-release control of up to three | 25929 |
| years after the offender's release from imprisonment, if the | 25930 |
| parole board, in accordance with division (D) of this section, | 25931 |
| determines that a period of post-release control is necessary for | 25932 |
| that offender. This division applies with respect to all prison | 25933 |
| terms of a type described in this division, including a term of | 25934 |
| any such type that is a risk reduction sentence. Section 2929.191 | 25935 |
| of the Revised Code applies if, prior to July 11, 2006, a court | 25936 |
| imposed a sentence including a prison term of a type described in | 25937 |
| this division and failed to notify the offender pursuant to | 25938 |
| division (B)(2)(d) of section 2929.19 of the Revised Code | 25939 |
| regarding post-release control or to include in the judgment of | 25940 |
| conviction entered on the journal or in the sentence pursuant to | 25941 |
| division (D)(2) of section 2929.14 of the Revised Code a statement | 25942 |
| regarding post-release control. Pursuant to an agreement entered | 25943 |
| into under section 2967.29 of the Revised Code, a court of common | 25944 |
| pleas or parole board may impose sanctions or conditions on an | 25945 |
| offender who is placed on post-release control under this | 25946 |
| division. | 25947 |
| (D)(1) Before the prisoner is released from imprisonment, the | 25948 |
| parole board or, pursuant to an agreement under section 2967.29 of | 25949 |
| the Revised Code, the court shall impose upon a prisoner described | 25950 |
| in division (B) of this section, shall impose upon a prisoner | 25951 |
| described in division (C) of this section who is to be released | 25952 |
| before the expiration of the prisoner's stated prison term under a | 25953 |
| risk reduction sentence, may impose upon a prisoner described in | 25954 |
| division (C) of this section who is not to be released before the | 25955 |
| expiration of the prisoner's stated prison term under a risk | 25956 |
| reduction sentence, and shall impose upon a prisoner described in | 25957 |
| division (B)(2)(b) of section 5120.031 or in division (B)(1) of | 25958 |
| section 5120.032 of the Revised Code, one or more post-release | 25959 |
| control sanctions to apply during the prisoner's period of | 25960 |
| post-release control. Whenever the board or court imposes one or | 25961 |
| more post-release control sanctions upon a prisoner, the board or | 25962 |
| court, in addition to imposing the sanctions, also shall include | 25963 |
| as a condition of the post-release control that the offender not | 25964 |
| leave the state without permission of the court or the offender's | 25965 |
| parole or probation officer and that the offender abide by the | 25966 |
| law. The board or court may impose any other conditions of release | 25967 |
| under a post-release control sanction that the board or court | 25968 |
| considers appropriate, and the conditions of release may include | 25969 |
| any community residential sanction, community nonresidential | 25970 |
| sanction, or financial sanction that the sentencing court was | 25971 |
| authorized to impose pursuant to sections 2929.16, 2929.17, and | 25972 |
| 2929.18 of the Revised Code. Prior to the release of a prisoner | 25973 |
| for whom it will impose one or more post-release control sanctions | 25974 |
| under this division, the parole board or court shall review the | 25975 |
| prisoner's criminal history, results from the single validated | 25976 |
| risk assessment tool selected by the department of rehabilitation | 25977 |
| and correction under section 5120.114 of the Revised Code, all | 25978 |
| juvenile court adjudications finding the prisoner, while a | 25979 |
| juvenile, to be a delinquent child, and the record of the | 25980 |
| prisoner's conduct while imprisoned. The parole board or court | 25981 |
| shall consider any recommendation regarding post-release control | 25982 |
| sanctions for the prisoner made by the office of victims' | 25983 |
| services. After considering those materials, the board or court | 25984 |
| shall determine, for a prisoner described in division (B) of this | 25985 |
| section, division (B)(2)(b) of section 5120.031, or division | 25986 |
| (B)(1) of section 5120.032 of the Revised Code and for a prisoner | 25987 |
| described in division (C) of this section who is to be released | 25988 |
| before the expiration of the prisoner's stated prison term under a | 25989 |
| risk reduction sentence, which post-release control sanction or | 25990 |
| combination of post-release control sanctions is reasonable under | 25991 |
| the circumstances or, for a prisoner described in division (C) of | 25992 |
| this section who is not to be released before the expiration of | 25993 |
| the prisoner's stated prison term under a risk reduction sentence, | 25994 |
| whether a post-release control sanction is necessary and, if so, | 25995 |
| which post-release control sanction or combination of post-release | 25996 |
| control sanctions is reasonable under the circumstances. In the | 25997 |
| case of a prisoner convicted of a felony of the fourth or fifth | 25998 |
| degree other than a felony sex offense, the board or court shall | 25999 |
| presume that monitored time is the appropriate post-release | 26000 |
| control sanction unless the board or court determines that a more | 26001 |
| restrictive sanction is warranted. A post-release control sanction | 26002 |
| imposed under this division takes effect upon the prisoner's | 26003 |
| release from imprisonment. | 26004 |
| Regardless of whether the prisoner was sentenced to the | 26005 |
| prison term prior to, on, or after July 11, 2006, prior to the | 26006 |
| release of a prisoner for whom it will impose one or more | 26007 |
| post-release control sanctions under this division, the parole | 26008 |
| board shall notify the prisoner that, if the prisoner violates any | 26009 |
| sanction so imposed or any condition of post-release control | 26010 |
| described in division (B) of section 2967.131 of the Revised Code | 26011 |
| that is imposed on the prisoner, the parole board may impose a | 26012 |
| prison term of up to one-half of the stated prison term originally | 26013 |
| imposed upon the prisoner. | 26014 |
| (2) If a prisoner who is placed on post-release control under | 26015 |
| this section is released before the expiration of the prisoner's | 26016 |
| stated prison term by reason of credit earned under section | 26017 |
| 2967.193 of the Revised Code and if the prisoner earned sixty or | 26018 |
| more days of credit, the adult parole authority shall supervise | 26019 |
| the offender with an active global positioning system device for | 26020 |
| the first fourteen days after the offender's release from | 26021 |
| imprisonment. This division does not prohibit or limit the | 26022 |
| imposition of any post-release control sanction otherwise | 26023 |
| authorized by this section. | 26024 |
| (3) At any time after a prisoner is released from | 26025 |
| imprisonment and during the period of post-release control | 26026 |
| applicable to the releasee, the adult parole authority or, | 26027 |
| pursuant to an agreement under section 2967.29 of the Revised | 26028 |
| Code, the court may review the releasee's behavior under the | 26029 |
| post-release control sanctions imposed upon the releasee under | 26030 |
| this section. The authority or court may determine, based upon the | 26031 |
| review and in accordance with the standards established under | 26032 |
| division (E) of this section, that a more restrictive or a less | 26033 |
| restrictive sanction is appropriate and may impose a different | 26034 |
| sanction. The authority also may recommend that the parole board | 26035 |
| or court increase or reduce the duration of the period of | 26036 |
| post-release control imposed by the court. If the authority | 26037 |
| recommends that the board or court increase the duration of | 26038 |
| post-release control, the board or court shall review the | 26039 |
| releasee's behavior and may increase the duration of the period of | 26040 |
| post-release control imposed by the court up to eight years. If | 26041 |
| the authority recommends that the board or court reduce the | 26042 |
| duration of control for an offense described in division (B) or | 26043 |
| (C) of this section, the board or court shall review the | 26044 |
| releasee's behavior and may reduce the duration of the period of | 26045 |
| control imposed by the court. In no case shall the board or court | 26046 |
| reduce the duration of the period of control imposed for an | 26047 |
| offense described in division (B)(1) of this section to a period | 26048 |
| less than the length of the stated prison term originally imposed, | 26049 |
| and in no case shall the board or court permit the releasee to | 26050 |
| leave the state without permission of the court or the releasee's | 26051 |
| parole or probation officer. | 26052 |
| (E) The department of rehabilitation and correction, in | 26053 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 26054 |
| rules that do all of the following: | 26055 |
| (1) Establish standards for the imposition by the parole | 26056 |
| board of post-release control sanctions under this section that | 26057 |
| are consistent with the overriding purposes and sentencing | 26058 |
| principles set forth in section 2929.11 of the Revised Code and | 26059 |
| that are appropriate to the needs of releasees; | 26060 |
| (2) Establish standards that provide for a period of | 26061 |
| post-release control of up to three years for all prisoners | 26062 |
| described in division (C) of this section who are to be released | 26063 |
| before the expiration of their stated prison term under a risk | 26064 |
| reduction sentence and standards by which the parole board can | 26065 |
| determine which prisoners described in division (C) of this | 26066 |
| section who are not to be released before the expiration of their | 26067 |
| stated prison term under a risk reduction sentence should be | 26068 |
| placed under a period of post-release control; | 26069 |
| (3) Establish standards to be used by the parole board in | 26070 |
| reducing the duration of the period of post-release control | 26071 |
| imposed by the court when authorized under division (D) of this | 26072 |
| section, in imposing a more restrictive post-release control | 26073 |
| sanction than monitored time upon a prisoner convicted of a felony | 26074 |
| of the fourth or fifth degree other than a felony sex offense, or | 26075 |
| in imposing a less restrictive control sanction upon a releasee | 26076 |
| based on the releasee's activities including, but not limited to, | 26077 |
| remaining free from criminal activity and from the abuse of | 26078 |
| alcohol or other drugs, successfully participating in approved | 26079 |
| rehabilitation programs, maintaining employment, and paying | 26080 |
| restitution to the victim or meeting the terms of other financial | 26081 |
| sanctions; | 26082 |
| (4) Establish standards to be used by the adult parole | 26083 |
| authority in modifying a releasee's post-release control sanctions | 26084 |
| pursuant to division (D)(2) of this section; | 26085 |
| (5) Establish standards to be used by the adult parole | 26086 |
| authority or parole board in imposing further sanctions under | 26087 |
| division (F) of this section on releasees who violate post-release | 26088 |
| control sanctions, including standards that do the following: | 26089 |
| (a) Classify violations according to the degree of | 26090 |
| seriousness; | 26091 |
| (b) Define the circumstances under which formal action by the | 26092 |
| parole board is warranted; | 26093 |
| (c) Govern the use of evidence at violation hearings; | 26094 |
| (d) Ensure procedural due process to an alleged violator; | 26095 |
| (e) Prescribe nonresidential community control sanctions for | 26096 |
| most misdemeanor and technical violations; | 26097 |
| (f) Provide procedures for the return of a releasee to | 26098 |
| imprisonment for violations of post-release control. | 26099 |
| (F)(1) Whenever the parole board imposes one or more | 26100 |
| post-release control sanctions upon an offender under this | 26101 |
| section, the offender upon release from imprisonment shall be | 26102 |
| under the general jurisdiction of the adult parole authority and | 26103 |
| generally shall be supervised by the field services section | 26104 |
| through its staff of parole and field officers as described in | 26105 |
| section 5149.04 of the Revised Code, as if the offender had been | 26106 |
| placed on parole. If the offender upon release from imprisonment | 26107 |
| violates the post-release control sanction or any conditions | 26108 |
| described in division (A) of section 2967.131 of the Revised Code | 26109 |
| that are imposed on the offender, the public or private person or | 26110 |
| entity that operates or administers the sanction or the program or | 26111 |
| activity that comprises the sanction shall report the violation | 26112 |
| directly to the adult parole authority or to the officer of the | 26113 |
| authority who supervises the offender. The authority's officers | 26114 |
| may treat the offender as if the offender were on parole and in | 26115 |
| violation of the parole, and otherwise shall comply with this | 26116 |
| section. | 26117 |
| (2) If the adult parole authority or, pursuant to an | 26118 |
| agreement under section 2967.29 of the Revised Code, the court | 26119 |
| determines that a releasee has violated a post-release control | 26120 |
| sanction or any conditions described in division (A) of section | 26121 |
| 2967.131 of the Revised Code imposed upon the releasee and that a | 26122 |
| more restrictive sanction is appropriate, the authority or court | 26123 |
| may impose a more restrictive sanction upon the releasee, in | 26124 |
| accordance with the standards established under division (E) of | 26125 |
| this section or in accordance with the agreement made under | 26126 |
| section 2967.29 of the Revised Code, or may report the violation | 26127 |
| to the parole board for a hearing pursuant to division (F)(3) of | 26128 |
| this section. The authority or court may not, pursuant to this | 26129 |
| division, increase the duration of the releasee's post-release | 26130 |
| control or impose as a post-release control sanction a residential | 26131 |
| sanction that includes a prison term, but the authority or court | 26132 |
| may impose on the releasee any other residential sanction, | 26133 |
| nonresidential sanction, or financial sanction that the sentencing | 26134 |
| court was authorized to impose pursuant to sections 2929.16, | 26135 |
| 2929.17, and 2929.18 of the Revised Code. | 26136 |
| (3) The parole board or, pursuant to an agreement under | 26137 |
| section 2967.29 of the Revised Code, the court may hold a hearing | 26138 |
| on any alleged violation by a releasee of a post-release control | 26139 |
| sanction or any conditions described in division (A) of section | 26140 |
| 2967.131 of the Revised Code that are imposed upon the releasee. | 26141 |
| If after the hearing the board or court finds that the releasee | 26142 |
| violated the sanction or condition, the board or court may | 26143 |
| increase the duration of the releasee's post-release control up to | 26144 |
| the maximum duration authorized by division (B) or (C) of this | 26145 |
| section or impose a more restrictive post-release control | 26146 |
| sanction. When appropriate, the board or court may impose as a | 26147 |
| post-release control sanction a residential sanction that includes | 26148 |
| a prison term. The board or court shall consider a prison term as | 26149 |
| a post-release control sanction imposed for a violation of | 26150 |
| post-release control when the violation involves a deadly weapon | 26151 |
| or dangerous ordnance, physical harm or attempted serious physical | 26152 |
| harm to a person, or sexual misconduct, or when the releasee | 26153 |
| committed repeated violations of post-release control sanctions. | 26154 |
| Unless a releasee's stated prison term was reduced pursuant to | 26155 |
| section 5120.032 of the Revised Code, the period of a prison term | 26156 |
| that is imposed as a post-release control sanction under this | 26157 |
| division shall not exceed nine months, and the maximum cumulative | 26158 |
| prison term for all violations under this division shall not | 26159 |
| exceed one-half of the stated prison term originally imposed upon | 26160 |
| the offender as part of this sentence. If a releasee's stated | 26161 |
| prison term was reduced pursuant to section 5120.032 of the | 26162 |
| Revised Code, the period of a prison term that is imposed as a | 26163 |
| post-release control sanction under this division and the maximum | 26164 |
| cumulative prison term for all violations under this division | 26165 |
| shall not exceed the period of time not served in prison under the | 26166 |
| sentence imposed by the court. The period of a prison term that is | 26167 |
| imposed as a post-release control sanction under this division | 26168 |
| shall not count as, or be credited toward, the remaining period of | 26169 |
| post-release control. | 26170 |
| If an offender is imprisoned for a felony committed while | 26171 |
| under post-release control supervision and is again released on | 26172 |
| post-release control for a period of time determined by division | 26173 |
| (F)(4)(d) of this section, the maximum cumulative prison term for | 26174 |
| all violations under this division shall not exceed one-half of | 26175 |
| the total stated prison terms of the earlier felony, reduced by | 26176 |
| any prison term administratively imposed by the parole board or | 26177 |
| court, plus one-half of the total stated prison term of the new | 26178 |
| felony. | 26179 |
| (4) Any period of post-release control shall commence upon an | 26180 |
| offender's actual release from prison. If an offender is serving | 26181 |
| an indefinite prison term or a life sentence in addition to a | 26182 |
| stated prison term, the offender shall serve the period of | 26183 |
| post-release control in the following manner: | 26184 |
| (a) If a period of post-release control is imposed upon the | 26185 |
| offender and if the offender also is subject to a period of parole | 26186 |
| under a life sentence or an indefinite sentence, and if the period | 26187 |
| of post-release control ends prior to the period of parole, the | 26188 |
| offender shall be supervised on parole. The offender shall receive | 26189 |
| credit for post-release control supervision during the period of | 26190 |
| parole. The offender is not eligible for final release under | 26191 |
| section 2967.16 of the Revised Code until the post-release control | 26192 |
| period otherwise would have ended. | 26193 |
| (b) If a period of post-release control is imposed upon the | 26194 |
| offender and if the offender also is subject to a period of parole | 26195 |
| under an indefinite sentence, and if the period of parole ends | 26196 |
| prior to the period of post-release control, the offender shall be | 26197 |
| supervised on post-release control. The requirements of parole | 26198 |
| supervision shall be satisfied during the post-release control | 26199 |
| period. | 26200 |
| (c) If an offender is subject to more than one period of | 26201 |
| post-release control, the period of post-release control for all | 26202 |
| of the sentences shall be the period of post-release control that | 26203 |
| expires last, as determined by the parole board or court. Periods | 26204 |
| of post-release control shall be served concurrently and shall not | 26205 |
| be imposed consecutively to each other. | 26206 |
| (d) The period of post-release control for a releasee who | 26207 |
| commits a felony while under post-release control for an earlier | 26208 |
| felony shall be the longer of the period of post-release control | 26209 |
| specified for the new felony under division (B) or (C) of this | 26210 |
| section or the time remaining under the period of post-release | 26211 |
| control imposed for the earlier felony as determined by the parole | 26212 |
| board or court. | 26213 |
| Sec. 2981.11. (A)(1) Any property that has been lost, | 26214 |
| abandoned, stolen, seized pursuant to a search warrant, or | 26215 |
| otherwise lawfully seized or forfeited and that is in the custody | 26216 |
| of a law enforcement agency shall be kept safely by the agency, | 26217 |
| pending the time it no longer is needed as evidence or for another | 26218 |
| lawful purpose, and shall be disposed of pursuant to sections | 26219 |
| 2981.12 and 2981.13 of the Revised Code. | 26220 |
| (2) This chapter does not apply to the custody and disposal | 26221 |
| of any of the following: | 26222 |
| (a) Vehicles subject to forfeiture under Title XLV of the | 26223 |
| Revised Code, except as provided in division (A)(6) of section | 26224 |
| 2981.12 of the Revised Code; | 26225 |
| (b) Abandoned junk motor vehicles or other property of | 26226 |
| negligible value; | 26227 |
| (c) Property held by a department of rehabilitation and | 26228 |
| correction institution that is unclaimed, that does not have an | 26229 |
| identified owner, that the owner agrees to dispose of, or that is | 26230 |
| identified by the department as having little value; | 26231 |
| (d) Animals taken, and devices used in unlawfully taking | 26232 |
| animals, under section 1531.20 of the Revised Code; | 26233 |
| (e) Controlled substances sold by a peace officer in the | 26234 |
| performance of the officer's official duties under section | 26235 |
| 3719.141 of the Revised Code; | 26236 |
| (f) Property recovered by a township law enforcement agency | 26237 |
| under sections 505.105 to 505.109 of the Revised Code; | 26238 |
| (g) Property held and disposed of under an ordinance of the | 26239 |
| municipal corporation or under sections 737.29 to 737.33 of the | 26240 |
| Revised Code, except that a municipal corporation that has | 26241 |
| received notice of a citizens' reward program as provided in | 26242 |
| division (F) of section 2981.12 of the Revised Code and disposes | 26243 |
| of property under an ordinance shall pay twenty-five per cent of | 26244 |
| any moneys acquired from any sale or auction to the citizens' | 26245 |
| reward program. | 26246 |
| (B)(1) Each law enforcement agency that has custody of any | 26247 |
| property that is subject to this section shall adopt and comply | 26248 |
| with a written internal control policy that does all of the | 26249 |
| following: | 26250 |
| (a) Provides for keeping detailed records as to the amount of | 26251 |
| property acquired by the agency and the date property was | 26252 |
| acquired; | 26253 |
| (b) Provides for keeping detailed records of the disposition | 26254 |
| of the property, which shall include, but not be limited to, both | 26255 |
| of the following: | 26256 |
| (i) The manner in which it was disposed, the date of | 26257 |
| disposition, detailed financial records concerning any property | 26258 |
| sold, and the name of any person who received the property. The | 26259 |
| record shall not identify or enable identification of the | 26260 |
| individual officer who seized any item of property. | 26261 |
| (ii) The general types of expenditures made with amounts that | 26262 |
| are gained from the sale of the property and that are retained by | 26263 |
| the agency, including the specific amount expended on each general | 26264 |
| type of expenditure, except that the policy shall not provide for | 26265 |
| or permit the identification of any specific expenditure that is | 26266 |
| made in an ongoing investigation. | 26267 |
| (c) Complies with section 2981.13 of the Revised Code if the | 26268 |
| agency has a law enforcement trust fund or similar fund created | 26269 |
| under that section. | 26270 |
| (2) | 26271 |
| 26272 | |
| 26273 | |
| 26274 | |
| 26275 | |
| 26276 | |
| 26277 | |
| 26278 | |
| 26279 | |
| 26280 | |
| 26281 | |
| 26282 |
| | 26283 |
| be open to public inspection during the agency's regular business | 26284 |
|
hours. The policy adopted under this section | 26285 |
| 26286 | |
| inspection under section 149.43 of the Revised Code. | 26287 |
| | 26288 |
| 26289 | |
| 26290 | |
| 26291 | |
| 26292 | |
| 26293 | |
| 26294 | |
| 26295 | |
| 26296 | |
| 26297 | |
| 26298 |
| (C) A law enforcement agency with custody of property to be | 26299 |
| disposed of under section 2981.12 or 2981.13 of the Revised Code | 26300 |
| shall make a reasonable effort to locate persons entitled to | 26301 |
| possession of the property, to notify them of when and where it | 26302 |
| may be claimed, and to return the property to them at the earliest | 26303 |
| possible time. In the absence of evidence identifying persons | 26304 |
| entitled to possession, it is sufficient notice to advertise in a | 26305 |
| newspaper of general circulation in the county and to briefly | 26306 |
| describe the nature of the property in custody and inviting | 26307 |
| persons to view and establish their right to it. | 26308 |
| (D) As used in sections 2981.11 to 2981.13 of the Revised | 26309 |
| Code: | 26310 |
| (1) "Citizens' reward program" has the same meaning as in | 26311 |
| section 9.92 of the Revised Code. | 26312 |
| (2) "Law enforcement agency" includes correctional | 26313 |
| institutions. | 26314 |
| (3) "Township law enforcement agency" means an organized | 26315 |
| police department of a township, a township police district, a | 26316 |
| joint police district, or the office of a township constable. | 26317 |
| Sec. 2981.14. (A) Nothing in this chapter precludes the head | 26318 |
| of a law enforcement agency that seizes property from seeking | 26319 |
| forfeiture under federal law. If the property is forfeitable under | 26320 |
| this chapter and federal forfeiture is not sought, the property is | 26321 |
| subject only to this chapter. | 26322 |
| (B) Any law enforcement agency that receives moneys from a | 26323 |
| sale of forfeited property under federal law shall deposit, use, | 26324 |
| and account for the amounts, including any interest derived, in | 26325 |
| accordance with applicable federal law. If the state highway | 26326 |
| patrol or the investigative unit of the department of public | 26327 |
| safety receives such federal forfeiture moneys, the appropriate | 26328 |
| official shall deposit all interest or other earnings derived from | 26329 |
|
the investment of the moneys into the | 26330 |
| 26331 | |
| highway patrol justice contraband fund, the investigative unit | 26332 |
|
treasury contraband fund, or the | 26333 |
| justice contraband fund, whichever is appropriate. | 26334 |
| (C) There is hereby created in the state treasury the highway | 26335 |
| patrol treasury contraband fund, the highway patrol justice | 26336 |
| contraband fund, the investigative unit treasury contraband fund, | 26337 |
| and the investigative unit justice contraband fund. Each fund | 26338 |
| shall consist of moneys received under division (B) of this | 26339 |
| section and shall be used in accordance with any federal or other | 26340 |
| requirements associated with moneys received. | 26341 |
| Sec. 3125.41. (A) As used in this section: | 26342 |
| (1) "Cable television service" has the same meaning as in | 26343 |
| section 2913.01 of the Revised Code. | 26344 |
| (2) "Public utility" means a person or entity, including an | 26345 |
| entity owned or operated by a municipal corporation or other | 26346 |
|
government entity, that is described in | 26347 |
| 4905.03 of the Revised Code as a telephone company, electric light | 26348 |
| company, gas company, natural gas company, water-works company, | 26349 |
| heating or cooling company, or sewage disposal system company, or | 26350 |
| that is providing cable television service. | 26351 |
| (B) Except as provided in section 3125.43 of the Revised | 26352 |
| Code, the office of child support shall have access to all of the | 26353 |
| following unless release of the information is prohibited by | 26354 |
| federal or state law: | 26355 |
| (1) Any information in the possession of any officer or | 26356 |
| entity of the state or any political subdivision of the state that | 26357 |
| would aid the office in locating an absent parent or child | 26358 |
| pursuant to section 3125.06 of the Revised Code; | 26359 |
| (2) Any information concerning the employment, compensation, | 26360 |
| and benefits of any obligor or obligee subject to a support order | 26361 |
| in the possession of any person; | 26362 |
| (3) The name and address of any obligor or obligee subject to | 26363 |
| a support order and the obligor's or obligee's employer in the | 26364 |
| customer records of a public utility. | 26365 |
| Sec. 3301.55. (A) A school district, county DD board, or | 26366 |
| eligible nonpublic school operating a preschool program shall | 26367 |
| house the program in buildings that meet the following | 26368 |
| requirements: | 26369 |
| (1) The building is operated by the district, county DD | 26370 |
| board, or eligible nonpublic school and has been approved by the | 26371 |
|
division of | 26372 |
| commerce or a certified municipal, township, or county building | 26373 |
| department for the purpose of operating a program for preschool | 26374 |
| children. Any such structure shall be constructed, equipped, | 26375 |
| repaired, altered, and maintained in accordance with applicable | 26376 |
| provisions of Chapters 3781. and 3791. and with rules adopted by | 26377 |
| the board of building standards under Chapter 3781. of the Revised | 26378 |
| Code for the safety and sanitation of structures erected for this | 26379 |
| purpose. | 26380 |
| (2) The building is in compliance with fire and safety laws | 26381 |
| and regulations as evidenced by reports of annual school fire and | 26382 |
| safety inspections as conducted by appropriate local authorities. | 26383 |
| (3) The school is in compliance with rules established by the | 26384 |
| state board of education regarding school food services. | 26385 |
| (4) The facility includes not less than thirty-five square | 26386 |
| feet of indoor space for each child in the program. Safe play | 26387 |
| space, including both indoor and outdoor play space, totaling not | 26388 |
| less than sixty square feet for each child using the space at any | 26389 |
| one time, shall be regularly available and scheduled for use. | 26390 |
| (5) First aid facilities and space for temporary placement or | 26391 |
| isolation of injured or ill children are provided. | 26392 |
| (B) Each school district, county DD board, or eligible | 26393 |
| nonpublic school that operates, or proposes to operate, a | 26394 |
| preschool program shall submit a building plan including all | 26395 |
| information specified by the state board of education to the board | 26396 |
| not later than the first day of September of the school year in | 26397 |
| which the program is to be initiated. The board shall determine | 26398 |
| whether the buildings meet the requirements of this section and | 26399 |
| section 3301.53 of the Revised Code, and notify the superintendent | 26400 |
| of its determination. If the board determines, on the basis of the | 26401 |
| building plan or any other information, that the buildings do not | 26402 |
| meet those requirements, it shall cause the buildings to be | 26403 |
| inspected by the department of education. The department shall | 26404 |
| make a report to the superintendent specifying any aspects of the | 26405 |
| building that are not in compliance with the requirements of this | 26406 |
| section and section 3301.53 of the Revised Code and the time | 26407 |
| period that will be allowed the district, county DD board, or | 26408 |
| school to meet the requirements. | 26409 |
| Sec. 3304.14. (A) The governor shall appoint an administrator | 26410 |
| of the rehabilitation services commission to serve at the pleasure | 26411 |
| of the governor and shall fix the administrator's compensation. | 26412 |
| The administrator shall devote the administrator's entire time to | 26413 |
| the duties of the administrator's office, shall hold no other | 26414 |
| office or position of trust and profit, and shall engage in no | 26415 |
| other business during the administrator's term of office. The | 26416 |
| governor may grant the administrator the authority to appoint, | 26417 |
| remove, and discipline without regard to sex, race, creed, color, | 26418 |
| age, or national origin, such other professional, administrative, | 26419 |
| and clerical staff members as are necessary to carry out the | 26420 |
| functions and duties of the commission. | 26421 |
| (B)(1) The administrator shall have exclusive authority to | 26422 |
| administer the daily operation and provision of vocational | 26423 |
| rehabilitation services under this chapter. | 26424 |
| (2) The administrator shall establish a fee schedule for | 26425 |
| vocational rehabilitation services in accordance with 34 C.F.R. | 26426 |
| 361.50. | 26427 |
| Sec. 3304.16. In carrying out the purposes of sections | 26428 |
| 3304.11 to 3304.27 of the Revised Code, the rehabilitation | 26429 |
| services commission: | 26430 |
| (A) Shall develop all necessary rules; | 26431 |
| (B) Shall prepare and submit to the governor annual reports | 26432 |
| of activities and expenditures and, prior to each first regular | 26433 |
| session of the general assembly, an estimate of sums required to | 26434 |
| carry out the commission's responsibilities; | 26435 |
| (C) Shall certify any disbursement of funds available to the | 26436 |
| commission for vocational rehabilitation activities; | 26437 |
| (D) Shall serve as the sole state agency designated to | 26438 |
| administer the plan under the "Rehabilitation Act of 1973," 87 | 26439 |
| Stat. 355, 29 U.S.C. 701, as amended; | 26440 |
| (E) Shall take appropriate action to guarantee rights of and | 26441 |
| services to handicapped persons; | 26442 |
| (F) Shall consult with and advise other state agencies to | 26443 |
| assist them in meeting the needs of handicapped persons more | 26444 |
| effectively and to achieve maximum coordination among programs for | 26445 |
| the handicapped; | 26446 |
| (G) Shall establish an administrative division of consumer | 26447 |
| affairs and advocacy within the commission to promote and help | 26448 |
| guarantee the rights of handicapped persons; | 26449 |
| (H) Shall maintain an inventory of state services that are | 26450 |
| available to handicapped persons; | 26451 |
| (I) Shall utilize, support, assist, and cooperate with the | 26452 |
| governor's committee on employment of the handicapped; | 26453 |
| (J) May delegate to any officer or employee of the commission | 26454 |
| any necessary powers and duties, except that the commission shall | 26455 |
| delegate to the administrator of the commission, as provided in | 26456 |
| section 3304.14 of the Revised Code, the power and duty to | 26457 |
| administer the daily operation and provision of vocational | 26458 |
| rehabilitation services; | 26459 |
| (K) May take any other necessary or appropriate action for | 26460 |
| cooperation with public and private agencies and organizations | 26461 |
| which may include: | 26462 |
| (1) Reciprocal agreements with other states to provide for | 26463 |
| the vocational rehabilitation of individuals within the states | 26464 |
| concerned; | 26465 |
| (2) Contracts or other arrangements with public and other | 26466 |
| nonprofit agencies and organizations for the construction or | 26467 |
| establishment and operation of vocational rehabilitation programs | 26468 |
| and facilities; | 26469 |
| (3) Cooperative arrangements with the federal government for | 26470 |
| carrying out sections 3304.11 to 3304.27 of the Revised Code, the | 26471 |
| "Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C. | 26472 |
| 31, as amended, or other federal statutes pertaining to vocational | 26473 |
| rehabilitation, and to this end, may adopt plans and methods of | 26474 |
| administration found necessary by the federal government for the | 26475 |
| efficient operation of any joint arrangements or the efficient | 26476 |
| application of any federal statutes; | 26477 |
| (4) Upon the designation of the governor, performing | 26478 |
| functions and services for the federal government relating to | 26479 |
| individuals under a physical or mental disability. | 26480 |
| (L) | 26481 |
| action necessary to obtain federal funds in the maximum amount and | 26482 |
|
most advantageous proportion possible | 26483 |
| (M) May conduct research and demonstration projects, | 26484 |
| including inquiries concerning the causes of blindness and its | 26485 |
| prevention, provide training and instruction, including the | 26486 |
| establishment and maintenance of research fellowships and | 26487 |
| traineeships along with all necessary stipends and allowances, | 26488 |
| disseminate information, and provide technical assistance relating | 26489 |
| to vocational rehabilitation; | 26490 |
| (N) May plan, establish, and operate programs, facilities, | 26491 |
| and services relating to vocational rehabilitation; | 26492 |
| (O) May accept and hold, invest, reinvest, or otherwise use | 26493 |
| gifts made for the purpose of furthering vocational | 26494 |
| rehabilitation; | 26495 |
| (P) May ameliorate the condition of the aged blind or other | 26496 |
| severely disabled individuals by establishing a program of home | 26497 |
| visitation by commission employees for the purpose of instruction; | 26498 |
| (Q) May establish and manage small business enterprises that | 26499 |
| are operated by persons with a substantial handicap to employment, | 26500 |
| including blind persons; | 26501 |
| (R) May purchase from insurance companies licensed to do | 26502 |
| business in this state any insurance deemed necessary by the | 26503 |
| commission for the efficient operation of a suitable vending | 26504 |
| facility as defined in division (A) of section 3304.28 of the | 26505 |
| Revised Code; | 26506 |
| (S) May accept directly from any state agency, and any state | 26507 |
| agency may transfer directly to the commission, surplus computers | 26508 |
| and computer equipment to be used for any purposes the commission | 26509 |
| considers appropriate, notwithstanding sections 125.12 to 125.14 | 26510 |
| of the Revised Code. | 26511 |
| Sec. 3304.181. If the total of all funds available from | 26512 |
| nonfederal sources to support the activities of the rehabilitation | 26513 |
| services commission does not comply with the expenditure | 26514 |
| requirements of 34 C.F.R. 361.60 and 361.62 for those activities | 26515 |
| or would cause the state to lose an allotment or fail to receive a | 26516 |
|
reallotment under 34 C.F.R. 361.65, the commission | 26517 |
| solicit additional funds from, and enter into agreements for the | 26518 |
| use of those funds with, private or public entities, including | 26519 |
|
local government entities of this state. The commission | 26520 |
| continue to solicit additional funds and enter into agreements | 26521 |
| until the total funding available is sufficient for the commission | 26522 |
| to receive federal funds at the maximum amount and in the most | 26523 |
| advantageous proportion possible. | 26524 |
| Any agreement entered into between the commission and a | 26525 |
| private or public entity to provide funds under this section shall | 26526 |
| be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the | 26527 |
| Revised Code. | 26528 |
| Sec. 3304.182. Any agreement between the rehabilitation | 26529 |
| services commission and a private or public entity providing funds | 26530 |
| under section 3304.181 of the Revised Code may permit the | 26531 |
| commission to receive a specified percentage of the funds, but the | 26532 |
| percentage shall be not more than twenty-five per cent of the | 26533 |
|
total funds available under the agreement. | 26534 |
| 26535 | |
| 26536 | |
| 26537 | |
|
an agreement | 26538 |
| terminate an agreement for any other reason by giving at least | 26539 |
| thirty days' notice to the public or private entity. | 26540 |
| Any services provided under an agreement entered into under | 26541 |
| section 3304.181 of the Revised Code shall be provided by a person | 26542 |
| or government entity that meets the accreditation standards | 26543 |
| established in rules adopted by the commission under section | 26544 |
| 3304.16 of the Revised Code. | 26545 |
| Sec. 3307.152. (A) As used in this section and in section | 26546 |
| 3307.154 of the Revised Code: | 26547 |
| (1) "Agent" means a dealer, as defined in section 1707.01 of | 26548 |
| the Revised Code, who is licensed under sections 1707.01 to | 26549 |
| 1707.45 of the Revised Code or under comparable laws of another | 26550 |
| state or of the United States. | 26551 |
| (2) "Minority business enterprise" has the same meaning as in | 26552 |
| section 122.71 of the Revised Code. | 26553 |
| (3) "Ohio-qualified agent" means an agent designated as such | 26554 |
| by the state teachers retirement board. | 26555 |
| (4) "Ohio-qualified investment manager" means an investment | 26556 |
| manager designated as such by the state teachers retirement board. | 26557 |
| (5) "Principal place of business" means an office in which | 26558 |
| the agent regularly provides securities or investment advisory | 26559 |
| services and solicits, meets with, or otherwise communicates with | 26560 |
| clients. | 26561 |
| (B) The state teachers retirement board shall, for the | 26562 |
| purposes of this section, designate an agent as an Ohio-qualified | 26563 |
| agent if the agent meets all of the following requirements: | 26564 |
| (1) The agent is subject to taxation under Chapter 5725., | 26565 |
| 5726., 5733., or 5747. of the Revised Code. | 26566 |
| (2) The agent is authorized to conduct business in this | 26567 |
| state. | 26568 |
| (3) The agent maintains a principal place of business in this | 26569 |
| state and employs at least five residents of this state. | 26570 |
| (C) The state teachers retirement board shall adopt and | 26571 |
| implement a written policy to establish criteria and procedures | 26572 |
| used to select agents to execute securities transactions on behalf | 26573 |
| of the retirement system. The policy shall address each of the | 26574 |
| following: | 26575 |
| | 26576 |
| aggregate and on a per share basis; | 26577 |
| | 26578 |
| of the agent; | 26579 |
| | 26580 |
| agent; | 26581 |
| | 26582 |
| agent; | 26583 |
| | 26584 |
| (D)(1) The board shall, at least annually, establish a policy | 26585 |
| with the goal to increase utilization by the board of | 26586 |
| Ohio-qualified agents for the execution of domestic equity and | 26587 |
| fixed income trades on behalf of the retirement system, when an | 26588 |
| Ohio-qualified agent offers quality, services, and safety | 26589 |
| comparable to other agents otherwise available to the board and | 26590 |
| meets the criteria established under division (C) of this section. | 26591 |
| (2) The board shall review, at least annually, the | 26592 |
| performance of the agents that execute securities transactions on | 26593 |
| behalf of the board. | 26594 |
| (3) The board shall determine whether an agent is an | 26595 |
| Ohio-qualified agent, meets the criteria established by the board | 26596 |
| pursuant to division (C) of this section, and offers quality, | 26597 |
| services, and safety comparable to other agents otherwise | 26598 |
| available to the board. The board's determination shall be final. | 26599 |
| (E) The board shall, at least annually, submit to the Ohio | 26600 |
| retirement study council a report containing the following | 26601 |
| information: | 26602 |
| (1) The name of each agent designated as an Ohio-qualified | 26603 |
| agent under this section; | 26604 |
| (2) The name of each agent that executes securities | 26605 |
| transactions on behalf of the board; | 26606 |
| (3) The amount of equity and fixed-income trades that are | 26607 |
| executed by Ohio-qualified agents, expressed as a percentage of | 26608 |
| all equity and fixed-income trades that are executed by agents on | 26609 |
| behalf of the board; | 26610 |
| (4) The compensation paid to Ohio-qualified agents, expressed | 26611 |
| as a percentage of total compensation paid to all agents that | 26612 |
| execute securities transactions on behalf of the board; | 26613 |
| (5) The amount of equity and fixed-income trades that are | 26614 |
| executed by agents that are minority business enterprises, | 26615 |
| expressed as a percentage of all equity and fixed-income trades | 26616 |
| that are executed by agents on behalf of the board; | 26617 |
| (6) Any other information requested by the Ohio retirement | 26618 |
| study council regarding the board's use of agents. | 26619 |
| Sec. 3307.154. (A) The state teachers retirement board shall, | 26620 |
| for the purposes of this section, designate an investment manager | 26621 |
| as an Ohio-qualified investment manager if the investment manager | 26622 |
| meets all of the following requirements: | 26623 |
| (1) The investment manager is subject to taxation under | 26624 |
| Chapter 5725., 5726., 5733., or 5747. of the Revised Code. | 26625 |
| (2) The investment manager meets one of the following | 26626 |
| requirements: | 26627 |
| (a) Has its corporate headquarters or principal place of | 26628 |
| business in this state; | 26629 |
| (b) Employs at least five hundred individuals in this state; | 26630 |
| (c) Has a principal place of business in this state and | 26631 |
| employs at least twenty residents of this state. | 26632 |
| (B)(1) The board shall, at least annually, establish a policy | 26633 |
| with the goal to increase utilization by the board of | 26634 |
| Ohio-qualified investment managers, when an Ohio-qualified | 26635 |
| investment manager offers quality, services, and safety comparable | 26636 |
| to other investment managers otherwise available to the board. The | 26637 |
| policy shall also provide for the following: | 26638 |
| (a) A process whereby the board can develop a list of | 26639 |
| Ohio-qualified investment managers and their investment products; | 26640 |
| (b) A process whereby the board can give public notice to | 26641 |
| Ohio-qualified investment managers of the board's search for an | 26642 |
| investment manager that includes the board's search criteria. | 26643 |
| (2) The board shall determine whether an investment manager | 26644 |
| is an Ohio-qualified investment manager and whether the investment | 26645 |
| manager offers quality, services, and safety comparable to other | 26646 |
| investment managers otherwise available to the board. The board's | 26647 |
| determination shall be final. | 26648 |
| (C) The board shall, at least annually, submit to the Ohio | 26649 |
| retirement study council a report containing the following | 26650 |
| information: | 26651 |
| (1) The name of each investment manager designated as an | 26652 |
| Ohio-qualified investment manager under this section; | 26653 |
| (2) The name of each investment manager with which the board | 26654 |
| contracts; | 26655 |
| (3) The amount of assets managed by Ohio-qualified investment | 26656 |
| managers, expressed as a percentage of the total assets held by | 26657 |
| the retirement system and as a percentage of assets managed by | 26658 |
| investment managers with which the board has contracted; | 26659 |
| (4) The compensation paid to Ohio-qualified investment | 26660 |
| managers, expressed as a percentage of total compensation paid to | 26661 |
| all investment managers with which the board has contracted; | 26662 |
| (5) Any other information requested by the Ohio retirement | 26663 |
| study council regarding the board's use of investment managers. | 26664 |
| Sec. 3309.157. (A) As used in this section and in section | 26665 |
| 3309.159 of the Revised Code: | 26666 |
| (1) "Agent" means a dealer, as defined in section 1707.01 of | 26667 |
| the Revised Code, who is licensed under sections 1707.01 to | 26668 |
| 1707.45 of the Revised Code or under comparable laws of another | 26669 |
| state or of the United States. | 26670 |
| (2) "Minority business enterprise" has the same meaning as in | 26671 |
| section 122.71 of the Revised Code. | 26672 |
| (3) "Ohio-qualified agent" means an agent designated as such | 26673 |
| by the school employees retirement board. | 26674 |
| (4) "Ohio-qualified investment manager" means an investment | 26675 |
| manager designated as such by the school employees retirement | 26676 |
| board. | 26677 |
| (5) "Principal place of business" means an office in which | 26678 |
| the agent regularly provides securities or investment advisory | 26679 |
| services and solicits, meets with, or otherwise communicates with | 26680 |
| clients. | 26681 |
| (B) The school employees retirement board shall, for the | 26682 |
| purposes of this section, designate an agent as an Ohio-qualified | 26683 |
| agent if the agent meets all of the following requirements: | 26684 |
| (1) The agent is subject to taxation under Chapter 5725., | 26685 |
| 5726., 5733., or 5747. of the Revised Code. | 26686 |
| (2) The agent is authorized to conduct business in this | 26687 |
| state. | 26688 |
| (3) The agent maintains a principal place of business in this | 26689 |
|
state and | 26690 |
| (C) The school employees retirement board shall adopt and | 26691 |
| implement a written policy to establish criteria and procedures | 26692 |
| used to select agents to execute securities transactions on behalf | 26693 |
| of the retirement system. The policy shall address each of the | 26694 |
| following: | 26695 |
| | 26696 |
| aggregate and on a per share basis; | 26697 |
| | 26698 |
| of the agent; | 26699 |
| | 26700 |
| agent; | 26701 |
| | 26702 |
| agent; | 26703 |
| | 26704 |
| (D)(1) The board shall, at least annually, establish a policy | 26705 |
| with the goal to increase utilization by the board of | 26706 |
| Ohio-qualified agents for the execution of domestic equity and | 26707 |
| fixed income trades on behalf of the retirement system, when an | 26708 |
| Ohio-qualified agent offers quality, services, and safety | 26709 |
| comparable to other agents otherwise available to the board and | 26710 |
| meets the criteria established under division (C) of this section. | 26711 |
| (2) The board shall review, at least annually, the | 26712 |
| performance of the agents that execute securities transactions on | 26713 |
| behalf of the board. | 26714 |
| (3) The board shall determine whether an agent is an | 26715 |
| Ohio-qualified agent, meets the criteria established by the board | 26716 |
| pursuant to division (C) of this section, and offers quality, | 26717 |
| services, and safety comparable to other agents otherwise | 26718 |
| available to the board. The board's determination shall be final. | 26719 |
| (E) The board shall, at least annually, submit to the Ohio | 26720 |
| retirement study council a report containing the following | 26721 |
| information: | 26722 |
| (1) The name of each agent designated as an Ohio-qualified | 26723 |
| agent under this section; | 26724 |
| (2) The name of each agent that executes securities | 26725 |
| transactions on behalf of the board; | 26726 |
| (3) The amount of equity and fixed-income trades that are | 26727 |
| executed by Ohio-qualified agents, expressed as a percentage of | 26728 |
| all equity and fixed-income trades that are executed by agents on | 26729 |
| behalf of the board; | 26730 |
| (4) The compensation paid to Ohio-qualified agents, expressed | 26731 |
| as a percentage of total compensation paid to all agents that | 26732 |
| execute securities transactions on behalf of the board; | 26733 |
| (5) The amount of equity and fixed-income trades that are | 26734 |
| executed by agents that are minority business enterprises, | 26735 |
| expressed as a percentage of all equity and fixed-income trades | 26736 |
| that are executed by agents on behalf of the board; | 26737 |
| (6) Any other information requested by the Ohio retirement | 26738 |
| study council regarding the board's use of agents. | 26739 |
| Sec. 3309.159. (A) The school employees retirement board | 26740 |
| shall, for the purposes of this section, designate an investment | 26741 |
| manager as an Ohio-qualified investment manager if the investment | 26742 |
| manager meets all of the following requirements: | 26743 |
| (1) The investment manager is subject to taxation under | 26744 |
| Chapter 5725., 5726., 5733., or 5747. of the Revised Code. | 26745 |
| (2) The investment manager meets one of the following | 26746 |
| requirements: | 26747 |
| (a) Has its corporate headquarters or principal place of | 26748 |
| business in this state; | 26749 |
| (b) Employs at least five hundred individuals in this state; | 26750 |
| (c) Has a principal place of business in this state and | 26751 |
|
employs at least | 26752 |
| (B)(1) The board shall, at least annually, establish a policy | 26753 |
| with the goal to increase utilization by the board of | 26754 |
| Ohio-qualified investment managers, when an Ohio-qualified | 26755 |
| investment manager offers quality, services, and safety comparable | 26756 |
| to other investment managers otherwise available to the board. The | 26757 |
| policy shall also provide for the following: | 26758 |
| (a) A process whereby the board can develop a list of | 26759 |
| Ohio-qualified investment managers and their investment products; | 26760 |
| (b) A process whereby the board can give public notice to | 26761 |
| Ohio-qualified investment managers of the board's search for an | 26762 |
| investment manager that includes the board's search criteria. | 26763 |
| (2) The board shall determine whether an investment manager | 26764 |
| is an Ohio-qualified investment manager and whether the investment | 26765 |
| manager offers quality, services, and safety comparable to other | 26766 |
| investment managers otherwise available to the board. The board's | 26767 |
| determination shall be final. | 26768 |
| (C) The board shall, at least annually, submit to the Ohio | 26769 |
| retirement study council a report containing the following | 26770 |
| information: | 26771 |
| (1) The name of each investment manager designated as an | 26772 |
| Ohio-qualified investment manager under this section; | 26773 |
| (2) The name of each investment manager with which the board | 26774 |
| contracts; | 26775 |
| (3) The amount of assets managed by Ohio-qualified investment | 26776 |
| managers, expressed as a percentage of the total assets held by | 26777 |
| the retirement system and as a percentage of assets managed by | 26778 |
| investment managers with which the board has contracted; | 26779 |
| (4) The compensation paid to Ohio-qualified investment | 26780 |
| managers, expressed as a percentage of total compensation paid to | 26781 |
| all investment managers with which the board has contracted; | 26782 |
| (5) Any other information requested by the Ohio retirement | 26783 |
| study council regarding the board's use of investment managers. | 26784 |
| Sec. 3313.65. (A) As used in this section and section | 26785 |
| 3313.64 of the Revised Code: | 26786 |
| (1) A person is "in a residential facility" if the person is | 26787 |
| a resident or a resident patient of an institution, home, or other | 26788 |
| residential facility that is: | 26789 |
| (a) Licensed as a nursing home, residential care facility, or | 26790 |
| home for the aging by the director of health under section 3721.02 | 26791 |
| of the Revised Code; | 26792 |
| (b) | 26793 |
| 26794 | |
| 26795 |
| | 26796 |
| of county commissioners or a joint board of county commissioners | 26797 |
| under Chapter 5155. of the Revised Code; | 26798 |
| | 26799 |
| addiction, and mental health services under section 340.03 or | 26800 |
| 340.06 of the Revised Code, or provides residential care pursuant | 26801 |
| to contracts made under section 340.03 or 340.033 of the Revised | 26802 |
| Code; | 26803 |
| | 26804 |
| under Chapter 5119. of the Revised Code; | 26805 |
| | 26806 |
| section 5119.20 or 5119.22 of the Revised Code; | 26807 |
| | 26808 |
| of developmental disabilities under section 5123.19 of the Revised | 26809 |
| Code; | 26810 |
| | 26811 |
| agency of the United States government; | 26812 |
| | 26813 |
| (2) A person is "in a correctional facility" if any of the | 26814 |
| following apply: | 26815 |
| (a) The person is an Ohio resident and is: | 26816 |
| (i) Imprisoned, as defined in section 1.05 of the Revised | 26817 |
| Code; | 26818 |
| (ii) Serving a term in a community-based correctional | 26819 |
| facility or a district community-based correctional facility; | 26820 |
| (iii) Required, as a condition of parole, a post-release | 26821 |
| control sanction, a community control sanction, transitional | 26822 |
| control, or early release from imprisonment, as a condition of | 26823 |
| shock parole or shock probation granted under the law in effect | 26824 |
| prior to July 1, 1996, or as a condition of a furlough granted | 26825 |
| under the version of section 2967.26 of the Revised Code in effect | 26826 |
| prior to March 17, 1998, to reside in a halfway house or other | 26827 |
| community residential center licensed under section 2967.14 of the | 26828 |
| Revised Code or a similar facility designated by the court of | 26829 |
| common pleas that established the condition or by the adult parole | 26830 |
| authority. | 26831 |
| (b) The person is imprisoned in a state correctional | 26832 |
| institution of another state or a federal correctional institution | 26833 |
| but was an Ohio resident at the time the sentence was imposed for | 26834 |
| the crime for which the person is imprisoned. | 26835 |
| (3) A person is "in a juvenile residential placement" if the | 26836 |
| person is an Ohio resident who is under twenty-one years of age | 26837 |
| and has been removed, by the order of a juvenile court, from the | 26838 |
| place the person resided at the time the person became subject to | 26839 |
| the court's jurisdiction in the matter that resulted in the | 26840 |
| person's removal. | 26841 |
| (4) "Community control sanction" has the same meaning as in | 26842 |
| section 2929.01 of the Revised Code. | 26843 |
| (5) "Post-release control sanction" has the same meaning as | 26844 |
| in section 2967.01 of the Revised Code. | 26845 |
| (B) If the circumstances described in division (C) of this | 26846 |
| section apply, the determination of what school district must | 26847 |
| admit a child to its schools and what district, if any, is liable | 26848 |
| for tuition shall be made in accordance with this section, rather | 26849 |
| than section 3313.64 of the Revised Code. | 26850 |
| (C) A child who does not reside in the school district in | 26851 |
| which the child's parent resides and for whom a tuition obligation | 26852 |
| previously has not been established under division (C)(2) of | 26853 |
| section 3313.64 of the Revised Code shall be admitted to the | 26854 |
| schools of the district in which the child resides if at least one | 26855 |
| of the child's parents is in a residential or correctional | 26856 |
| facility or a juvenile residential placement and the other parent, | 26857 |
| if living and not in such a facility or placement, is not known to | 26858 |
| reside in this state. | 26859 |
| (D) Regardless of who has custody or care of the child, | 26860 |
| whether the child resides in a home, or whether the child receives | 26861 |
| special education, if a district admits a child under division (C) | 26862 |
| of this section, tuition shall be paid to that district as | 26863 |
| follows: | 26864 |
| (1) If the child's parent is in a juvenile residential | 26865 |
| placement, by the district in which the child's parent resided at | 26866 |
| the time the parent became subject to the jurisdiction of the | 26867 |
| juvenile court; | 26868 |
| (2) If the child's parent is in a correctional facility, by | 26869 |
| the district in which the child's parent resided at the time the | 26870 |
| sentence was imposed; | 26871 |
| (3) If the child's parent is in a residential facility, by | 26872 |
| the district in which the parent resided at the time the parent | 26873 |
| was admitted to the residential facility, except that if the | 26874 |
| parent was transferred from another residential facility, tuition | 26875 |
| shall be paid by the district in which the parent resided at the | 26876 |
| time the parent was admitted to the facility from which the parent | 26877 |
| first was transferred; | 26878 |
| (4) In the event of a disagreement as to which school | 26879 |
| district is liable for tuition under division (C)(1), (2), or (3) | 26880 |
| of this section, the superintendent of public instruction shall | 26881 |
| determine which district shall pay tuition. | 26882 |
| (E) If a child covered by division (D) of this section | 26883 |
| receives special education in accordance with Chapter 3323. of the | 26884 |
| Revised Code, the tuition shall be paid in accordance with section | 26885 |
| 3323.13 or 3323.14 of the Revised Code. Tuition for children who | 26886 |
| do not receive special education shall be paid in accordance with | 26887 |
| division (J) of section 3313.64 of the Revised Code. | 26888 |
| Sec. 3313.71. School physicians may make examinations, which | 26889 |
| shall include tests to determine the existence of hearing defects, | 26890 |
| and diagnoses of all children referred to them. They may make such | 26891 |
| examination of teachers and other school employees and inspection | 26892 |
| of school buildings as in their opinion the protection of health | 26893 |
| of the pupils, teachers, and other school employees requires. | 26894 |
| Boards of education shall require and provide, in accordance | 26895 |
| with section 3313.67 of the Revised Code, such tests and | 26896 |
| examinations for tuberculosis of pupils in selected grades and of | 26897 |
|
school employees as may be required by the | 26898 |
|
health | 26899 |
| Boards may require annual tuberculin tests of any grades. All | 26900 |
| pupils with positive reactions to the test shall have chest x-rays | 26901 |
| and all positive reactions and x-ray findings shall be reported | 26902 |
| promptly to the county record bureau of tuberculosis cases | 26903 |
| provided for in section 339.74 of the Revised Code. Boards shall | 26904 |
| waive the required test where a pupil presents a written statement | 26905 |
| from the pupil's family physician certifying that such test has | 26906 |
| been given and that such pupil is free from tuberculosis in a | 26907 |
| communicable stage, or that such test is inadvisable for medical | 26908 |
| reasons, or from the pupil's parent or guardian objecting to such | 26909 |
| test because of religious convictions. | 26910 |
| Whenever a pupil, teacher, or other school employee is found | 26911 |
| to be ill or suffering from tuberculosis in a communicable stage | 26912 |
| or other communicable disease, the school physician shall promptly | 26913 |
| send such pupil, teacher, or other school employee home, with a | 26914 |
| statement, in the case of a pupil, to the pupil's parents or | 26915 |
| guardian, briefly setting forth the discovered facts, and advising | 26916 |
| that the family physician be consulted. School physicians shall | 26917 |
| keep accurate card-index records of all examinations, and said | 26918 |
| records, that they may be uniform throughout the state, shall be | 26919 |
| according to the form prescribed by the state board of education, | 26920 |
| and the reports shall be made according to the method of said | 26921 |
| form. If the parent or guardian of any pupil or any teacher or | 26922 |
| other school employee, after notice from the board of education, | 26923 |
| furnishes within two weeks thereafter the written certificate of | 26924 |
| any reputable physician that the pupil, teacher, or other school | 26925 |
| employee has been examined, in such cases the service of the | 26926 |
| school physician shall be dispensed with, and such certificate | 26927 |
| shall be furnished by such parent or guardian, as required by the | 26928 |
| board of education. Such individual records shall not be open to | 26929 |
| the public and shall be solely for the use of the boards of | 26930 |
| education and boards of health officer. If any teacher or other | 26931 |
| school employee is found to have tuberculosis in a communicable | 26932 |
| stage or other communicable disease, the teacher's or employee's | 26933 |
| employment shall be discontinued or suspended upon such terms as | 26934 |
| to salary as the board deems just until the school physician has | 26935 |
| certified to a recovery from such disease. The methods of making | 26936 |
| the tuberculin tests and chest x-rays required by this section | 26937 |
| shall be such as are approved by the director of health. | 26938 |
| Sec. 3316.04. (A) Within sixty days of the auditor's | 26939 |
| declaration under division (A) of section 3316.03 of the Revised | 26940 |
| Code, the board of education of the school district shall prepare | 26941 |
| and submit to the superintendent of public instruction a financial | 26942 |
| plan delineating the steps the board will take to eliminate the | 26943 |
| district's current operating deficit and avoid incurring operating | 26944 |
| deficits in ensuing years, including the implementation of | 26945 |
| spending reductions and shared services agreements with other | 26946 |
| political subdivisions for the joint exercise of any power, | 26947 |
| performance of any function, or rendering of any service, if so | 26948 |
| authorized by statute. The superintendent of public instruction | 26949 |
| shall evaluate the initial financial plan, and either approve or | 26950 |
| disapprove it within thirty calendar days from the date of its | 26951 |
| submission. If the initial financial plan is disapproved, the | 26952 |
| state superintendent shall recommend modifications that will | 26953 |
| render the financial plan acceptable. No school district board | 26954 |
| shall implement a financial plan submitted to the superintendent | 26955 |
| of public instruction under this section unless the superintendent | 26956 |
| has approved the plan. | 26957 |
| (B) Upon request of the board of education of a school | 26958 |
| district declared to be in a state of fiscal watch, the auditor of | 26959 |
| state and superintendent of public instruction shall provide | 26960 |
| technical assistance to the board in resolving the fiscal problems | 26961 |
| that gave rise to the declaration, including assistance in | 26962 |
| drafting the board's financial plan. | 26963 |
| (C) A financial plan adopted under this section may be | 26964 |
| amended at any time with the approval of the superintendent. The | 26965 |
| board of education of the school district shall submit an updated | 26966 |
| financial plan to the superintendent, for the superintendent's | 26967 |
| approval, every year that the district is in a state of fiscal | 26968 |
| watch. The updated plan shall be submitted in a form acceptable to | 26969 |
| the superintendent. The superintendent shall approve or disapprove | 26970 |
| each updated plan no later than the anniversary of the date on | 26971 |
| which the first such plan was approved. | 26972 |
| (D) A school district that has restructured or refinanced a | 26973 |
| loan under section 3316.041 of the Revised Code shall be declared | 26974 |
| to be in a state of fiscal emergency if any of the following | 26975 |
| occurs: | 26976 |
| (1) An operating deficit is certified for the district under | 26977 |
| section 3313.483 of the Revised Code for any year prior to the | 26978 |
| repayment of the restructured or refinanced loan; | 26979 |
| (2) The superintendent determines, in consultation with the | 26980 |
| auditor of state, that the school district is not satisfactorily | 26981 |
| complying with the terms of the financial plan required by this | 26982 |
| section; | 26983 |
| (3) The board of education of the school district fails to | 26984 |
| submit an updated plan that is acceptable to the superintendent | 26985 |
| under division (C) of this section. | 26986 |
| Sec. 3316.06. (A) Within one hundred twenty days after the | 26987 |
| first meeting of a school district financial planning and | 26988 |
| supervision commission, the commission shall adopt a financial | 26989 |
| recovery plan regarding the school district for which the | 26990 |
| commission was created. During the formulation of the plan, the | 26991 |
| commission shall seek appropriate input from the school district | 26992 |
| board and from the community. This plan shall contain the | 26993 |
| following: | 26994 |
| (1) Actions to be taken to: | 26995 |
| (a) Eliminate all fiscal emergency conditions declared to | 26996 |
| exist pursuant to division (B) of section 3316.03 of the Revised | 26997 |
| Code; | 26998 |
| (b) Satisfy any judgments, past-due accounts payable, and all | 26999 |
| past-due and payable payroll and fringe benefits; | 27000 |
| (c) Eliminate the deficits in all deficit funds, except that | 27001 |
| any prior year deficits in the capital and maintenance fund | 27002 |
| established pursuant to section 3315.18 of the Revised Code shall | 27003 |
| be forgiven; | 27004 |
| (d) Restore to special funds any moneys from such funds that | 27005 |
| were used for purposes not within the purposes of such funds, or | 27006 |
| borrowed from such funds by the purchase of debt obligations of | 27007 |
| the school district with the moneys of such funds, or missing from | 27008 |
| the special funds and not accounted for, if any; | 27009 |
| (e) Balance the budget, avoid future deficits in any funds, | 27010 |
| and maintain on a current basis payments of payroll, fringe | 27011 |
| benefits, and all accounts; | 27012 |
| (f) Avoid any fiscal emergency condition in the future; | 27013 |
| (g) Restore the ability of the school district to market | 27014 |
| long-term general obligation bonds under provisions of law | 27015 |
| applicable to school districts generally; | 27016 |
| (h) Enter into shared services agreements with other | 27017 |
| political subdivisions for the joint exercise of any power, | 27018 |
| performance of any function, or rendering of any service, if so | 27019 |
| authorized by statute. | 27020 |
| (2) The management structure that will enable the school | 27021 |
| district to take the actions enumerated in division (A)(1) of this | 27022 |
| section. The plan shall specify the level of fiscal and management | 27023 |
| control that the commission will exercise within the school | 27024 |
| district during the period of fiscal emergency, and shall | 27025 |
| enumerate respectively, the powers and duties of the commission | 27026 |
| and the powers and duties of the school board during that period. | 27027 |
| The commission may elect to assume any of the powers and duties of | 27028 |
| the school board it considers necessary, including all powers | 27029 |
| related to personnel, curriculum, and legal issues in order to | 27030 |
| successfully implement the actions described in division (A)(1) of | 27031 |
| this section. | 27032 |
| (3) The target dates for the commencement, progress upon, and | 27033 |
| completion of the actions enumerated in division (A)(1) of this | 27034 |
| section and a reasonable period of time expected to be required to | 27035 |
| implement the plan. The commission shall prepare a reasonable time | 27036 |
| schedule for progress toward and achievement of the requirements | 27037 |
| for the plan, and the plan shall be consistent with that time | 27038 |
| schedule. | 27039 |
| (4) The amount and purpose of any issue of debt obligations | 27040 |
| that will be issued, together with assurances that any such debt | 27041 |
| obligations that will be issued will not exceed debt limits | 27042 |
| supported by appropriate certifications by the fiscal officer of | 27043 |
| the school district and the county auditor. Debt obligations | 27044 |
| issued pursuant to section 133.301 of the Revised Code shall | 27045 |
| include assurances that such debt shall be in an amount not to | 27046 |
| exceed the amount certified under division (B) of such section. If | 27047 |
| the commission considers it necessary in order to maintain or | 27048 |
| improve educational opportunities of pupils in the school | 27049 |
| district, the plan may include a proposal to restructure or | 27050 |
| refinance outstanding debt obligations incurred by the board under | 27051 |
| section 3313.483 of the Revised Code contingent upon the approval, | 27052 |
| during the period of the fiscal emergency, by district voters of a | 27053 |
| tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 27054 |
| 5748.02, 5748.08, or 5748.09 of the Revised Code that is not a | 27055 |
| renewal or replacement levy, or a levy under section 5705.199 of | 27056 |
| the Revised Code, and that will provide new operating revenue. | 27057 |
| Notwithstanding any provision of Chapter 133. or sections 3313.483 | 27058 |
| to 3313.4811 of the Revised Code, following the required approval | 27059 |
| of the district voters and with the approval of the commission, | 27060 |
| the school district may issue securities to evidence the | 27061 |
| restructuring or refinancing. Those securities may extend the | 27062 |
| original period for repayment, not to exceed ten years, and may | 27063 |
| alter the frequency and amount of repayments, interest or other | 27064 |
| financing charges, and other terms of agreements under which the | 27065 |
| debt originally was contracted, at the discretion of the | 27066 |
| commission, provided that any loans received pursuant to section | 27067 |
| 3313.483 of the Revised Code shall be paid from funds the district | 27068 |
| would otherwise receive under Chapter 3317. of the Revised Code, | 27069 |
| as required under division (E)(3) of section 3313.483 of the | 27070 |
| Revised Code. The securities issued for the purpose of | 27071 |
| restructuring or refinancing the debt shall be repaid in equal | 27072 |
| payments and at equal intervals over the term of the debt and are | 27073 |
| not eligible to be included in any subsequent proposal for the | 27074 |
| purpose of restructuring or refinancing debt under this section. | 27075 |
| (B) Any financial recovery plan may be amended subsequent to | 27076 |
| its adoption. Each financial recovery plan shall be updated | 27077 |
| annually. | 27078 |
| (C) Each school district financial planning and supervision | 27079 |
| commission shall submit the financial recovery plan it adopts or | 27080 |
| updates under this section to the state superintendent of public | 27081 |
| instruction for approval immediately following its adoption or | 27082 |
| updating. The state superintendent shall evaluate the plan and | 27083 |
| either approve or disapprove it within thirty calendar days from | 27084 |
| the date of its submission. If the plan is disapproved, the state | 27085 |
| superintendent shall recommend modifications that will render it | 27086 |
| acceptable. No financial planning and supervision commission shall | 27087 |
| implement a financial recovery plan that is adopted or updated on | 27088 |
| or after April 10, 2001, unless the state superintendent has | 27089 |
| approved it. | 27090 |
| Sec. 3318.10. When such working drawings, specifications, | 27091 |
| and estimates of cost have been approved by the school district | 27092 |
| board and the Ohio school facilities commission, the treasurer of | 27093 |
| the school district board shall advertise for construction bids in | 27094 |
| accordance with section 3313.46 of the Revised Code. Such notices | 27095 |
| shall state that plans and specifications for the project are on | 27096 |
| file in the office of the commission and such other place as may | 27097 |
| be designated in such notice, and the time and place when and | 27098 |
| where bids therefor will be received. | 27099 |
| The form of proposal to be submitted by bidders shall be | 27100 |
| supplied by the commission. Bidders may be permitted to bid upon | 27101 |
| all the branches of work and materials to be furnished and | 27102 |
| supplied, upon any branch thereof, or upon all or any thereof. | 27103 |
| When the construction bids for all branches of work and | 27104 |
| materials have been tabulated, the commission shall cause to be | 27105 |
| prepared a revised estimate of the basic project cost based upon | 27106 |
| the lowest responsible bids received. If such revised estimate | 27107 |
| exceeds the estimated basic project cost as approved by the | 27108 |
| controlling board pursuant to section 3318.04 or division (B)(1) | 27109 |
| of section 3318.41 of the Revised Code, no contracts may be | 27110 |
| entered into pursuant to this section unless such revised estimate | 27111 |
| is approved by the commission and by the controlling board. When | 27112 |
| such revised estimate has been prepared, and after such approvals | 27113 |
| are given, if necessary, and if the school district board has | 27114 |
| caused to be transferred to the project construction fund the | 27115 |
| proceeds from the sale of the first or first and final installment | 27116 |
| of its bonds or bond anticipation notes pursuant to the provision | 27117 |
| of the written agreement required by division (B) of section | 27118 |
| 3318.08 of the Revised Code, and when the director of budget and | 27119 |
| management has certified that there is a balance in the | 27120 |
| appropriation, not otherwise obligated to pay precedent | 27121 |
| obligations, pursuant to which the state's share of such revised | 27122 |
| estimate is required to be paid, the contract for all branches of | 27123 |
| work and materials to be furnished and supplied, or for any branch | 27124 |
| thereof as determined by the school district board, shall be | 27125 |
| awarded by the school district board to the lowest responsible | 27126 |
| bidder subject to the approval of the commission. Such award shall | 27127 |
| be made within sixty days after the date on which the bids are | 27128 |
| opened, and the successful bidder shall enter into a contract | 27129 |
| within ten days after the successful bidder is notified of the | 27130 |
| award of the contract. | 27131 |
| Subject to the approval of the commission, the school | 27132 |
| district board may reject all bids and readvertise. Any contract | 27133 |
| made under this section shall be made in the name of the state and | 27134 |
| executed on its behalf by the president and treasurer of the | 27135 |
| school district board. | 27136 |
| The provisions of sections 9.312 and 3313.46 of the Revised | 27137 |
| Code, which are applicable to construction contracts of boards of | 27138 |
| education, shall apply to construction contracts for the project. | 27139 |
| The remedies afforded to any subcontractor, materials | 27140 |
| supplier, laborer, mechanic, or persons furnishing material or | 27141 |
| machinery for the project under sections 1311.26 to 1311.32 of the | 27142 |
| Revised Code, shall apply to contracts entered into under this | 27143 |
| section and the itemized statement required by section 1311.26 of | 27144 |
| the Revised Code shall be filed with the school district board. | 27145 |
| Notwithstanding any other requirement of this section, a | 27146 |
| school district, with the approval of the commission, may utilize | 27147 |
| any otherwise lawful alternative construction delivery method for | 27148 |
| the construction of the project. | 27149 |
| Sec. 3318.30. (A) There is hereby created the Ohio school | 27150 |
| facilities commission as an independent agency of the state within | 27151 |
| the Ohio facilities construction commission, which is created | 27152 |
| under section 123.20 of the Revised Code. The Ohio school | 27153 |
| facilities commission shall administer the provision of financial | 27154 |
| assistance to school districts for the acquisition or construction | 27155 |
| of classroom facilities in accordance with sections 3318.01 to | 27156 |
| 3318.33 of the Revised Code. | 27157 |
| The Ohio school facilities commission is a body corporate and | 27158 |
| politic, an agency of state government and an instrumentality of | 27159 |
| the state, performing essential governmental functions of this | 27160 |
| state. The carrying out of the purposes and the exercise by the | 27161 |
| Ohio school facilities commission of its powers conferred by | 27162 |
| sections 3318.01 to 3318.33 of the Revised Code are essential | 27163 |
| public functions and public purposes of the state. The Ohio school | 27164 |
| facilities commission may, in its own name, sue and be sued, enter | 27165 |
| into contracts, and perform all the powers and duties given to it | 27166 |
| by sections 3318.01 to 3318.33 of the Revised Code, but it does | 27167 |
| not have and shall not exercise the power of eminent domain. In | 27168 |
| its discretion and as it determines appropriate, the Ohio school | 27169 |
| facilities commission may delegate to any of its members, | 27170 |
| executive director, or other employees any of the Ohio school | 27171 |
| facilities commission's powers and duties to carry out its | 27172 |
| functions. | 27173 |
| (B) The Ohio school facilities commission shall consist of | 27174 |
| seven members, three of whom are voting members. The voting | 27175 |
| members of the Ohio school facilities commission shall be the | 27176 |
| director of the office of budget and management, the director of | 27177 |
| administrative services, and the superintendent of public | 27178 |
| instruction, or their designees. Of the nonvoting members, two | 27179 |
| shall be members of the senate appointed by the president of the | 27180 |
| senate, and two shall be members of the house of representatives | 27181 |
| appointed by the speaker of the house. Each of the appointees of | 27182 |
| the president, and each of the appointees of the speaker, shall be | 27183 |
| members of different political parties. | 27184 |
| Nonvoting members shall serve as members of the Ohio school | 27185 |
| facilities commission during the legislative biennium for which | 27186 |
| they are appointed, except that any such member who ceases to be a | 27187 |
| member of the legislative house from which the member was | 27188 |
| appointed shall cease to be a member of the Ohio school facilities | 27189 |
| commission. Each nonvoting member shall be appointed within | 27190 |
| thirty-one days of the end of the term of that member's | 27191 |
| predecessor. Such members may be reappointed. Vacancies of | 27192 |
| nonvoting members shall be filled in the manner provided for | 27193 |
| original appointments. | 27194 |
| Members of the Ohio school facilities commission shall serve | 27195 |
| without compensation. | 27196 |
| After the initial nonvoting members of the Ohio school | 27197 |
| facilities commission have been appointed, the Ohio school | 27198 |
| facilities commission shall meet and organize by electing voting | 27199 |
| members as the chairperson and vice-chairperson of the Ohio school | 27200 |
| facilities commission, who shall hold their offices until the next | 27201 |
| organizational meeting of the Ohio school facilities commission. | 27202 |
| Organizational meetings of the Ohio school facilities commission | 27203 |
| shall be held at the first meeting of each calendar year. At each | 27204 |
| organizational meeting, the Ohio school facilities commission | 27205 |
| shall elect from among its voting members a chairperson and | 27206 |
| vice-chairperson, who shall serve until the next annual | 27207 |
| organizational meeting. The Ohio school facilities commission | 27208 |
| shall adopt rules pursuant to section 111.15 of the Revised Code | 27209 |
| for the conduct of its internal business and shall keep a journal | 27210 |
| of its proceedings. Including the organizational meeting, the Ohio | 27211 |
| school facilities commission shall meet at least once each | 27212 |
| calendar quarter. | 27213 |
| Two voting members of the Ohio school facilities commission | 27214 |
| constitute a quorum, and the affirmative vote of two members is | 27215 |
| necessary for approval of any action taken by the Ohio school | 27216 |
| facilities commission. A vacancy in the membership of the Ohio | 27217 |
| school facilities commission does not impair a quorum from | 27218 |
| exercising all the rights and performing all the duties of the | 27219 |
| Ohio school facilities commission. Meetings of the Ohio school | 27220 |
| facilities commission may be held anywhere in the state and shall | 27221 |
| be held in compliance with section 121.22 of the Revised Code. | 27222 |
| (C) The Ohio school facilities commission shall file an | 27223 |
| annual report of its activities and finances with the governor, | 27224 |
| speaker of the house of representatives, president of the senate, | 27225 |
| and chairpersons of the house and senate finance committees. | 27226 |
| (D) The Ohio school facilities commission shall be exempt | 27227 |
| from the requirements of sections 101.82 to 101.87 of the Revised | 27228 |
| Code. | 27229 |
| (E) The Ohio school facilities commission may share employees | 27230 |
| and facilities with the Ohio facilities construction commission. | 27231 |
| Sec. 3318.31. (A) The Ohio school facilities commission may | 27232 |
| perform any act and ensure the performance of any function | 27233 |
| necessary or appropriate to carry out the purposes of, and | 27234 |
| exercise the powers granted under, Chapter 3318. of the Revised | 27235 |
| Code, including any of the following: | 27236 |
| (1) Adopt, amend, and rescind, pursuant to section 111.15 of | 27237 |
| the Revised Code, rules for the administration of programs | 27238 |
| authorized under Chapter 3318. of the Revised Code. | 27239 |
| (2) Contract with, retain the services of, or designate, and | 27240 |
| fix the compensation of, such agents, accountants, consultants, | 27241 |
| advisers, and other independent contractors as may be necessary or | 27242 |
| desirable to carry out the programs authorized under Chapter 3318. | 27243 |
| of the Revised Code, or authorize the executive director to | 27244 |
| perform such powers and duties. | 27245 |
| (3) Receive and accept any gifts, grants, donations, and | 27246 |
| pledges, and receipts therefrom, to be used for the programs | 27247 |
| authorized under Chapter 3318. of the Revised Code. | 27248 |
| (4) Make and enter into all contracts, commitments, and | 27249 |
| agreements, and execute all instruments, necessary or incidental | 27250 |
| to the performance of its duties and the execution of its rights | 27251 |
| and powers under Chapter 3318. of the Revised Code, or authorize | 27252 |
| the executive director to perform such powers and duties. | 27253 |
| (5) Request the | 27254 |
| facilities construction commission to debar a contractor as | 27255 |
| provided in section 153.02 of the Revised Code. | 27256 |
| (B) The Ohio school facilities commission shall appoint and | 27257 |
| fix the compensation of an executive director who shall serve at | 27258 |
| the pleasure of the Ohio school facilities commission. The | 27259 |
| executive director shall exercise all powers that the Ohio school | 27260 |
| facilities commission possesses, supervise the operations of the | 27261 |
| Ohio school facilities commission and perform such other duties as | 27262 |
| delegated by the Ohio school facilities commission. The executive | 27263 |
| director also shall employ and fix the compensation of such | 27264 |
| employees as will facilitate the activities and purposes of the | 27265 |
| Ohio school facilities commission, who shall serve at the pleasure | 27266 |
| of the executive director. The employees of the Ohio school | 27267 |
| facilities commission shall be exempt from Chapter 4117. of the | 27268 |
| Revised Code and shall not be public employees as defined in | 27269 |
| section 4117.01 of the Revised Code. | 27270 |
| (C) The Ohio school facilities commission may adopt, amend, | 27271 |
| and rescind rules pertaining to the administration of the | 27272 |
| construction of school facilities of the state under Chapter 119. | 27273 |
| of the Revised Code. | 27274 |
| (D) The attorney general shall serve as the legal | 27275 |
| representative for the Ohio school facilities commission and may | 27276 |
| appoint other counsel as necessary for that purpose in accordance | 27277 |
| with section 109.07 of the Revised Code. | 27278 |
| Sec. 3333.04. The chancellor of the Ohio board of regents | 27279 |
| shall: | 27280 |
| (A) Make studies of state policy in the field of higher | 27281 |
| education and formulate a master plan for higher education for the | 27282 |
| state, considering the needs of the people, the needs of the | 27283 |
| state, and the role of individual public and private institutions | 27284 |
| within the state in fulfilling these needs; | 27285 |
| (B)(1) Report annually to the governor and the general | 27286 |
| assembly on the findings from the chancellor's studies and the | 27287 |
| master plan for higher education for the state; | 27288 |
| (2) Report at least semiannually to the general assembly and | 27289 |
| the governor the enrollment numbers at each state-assisted | 27290 |
| institution of higher education. | 27291 |
| (C) Approve or disapprove the establishment of new branches | 27292 |
| or academic centers of state colleges and universities; | 27293 |
| (D) Approve or disapprove the establishment of state | 27294 |
| technical colleges or any other state institution of higher | 27295 |
| education; | 27296 |
| (E) Recommend the nature of the programs, undergraduate, | 27297 |
| graduate, professional, state-financed research, and public | 27298 |
| services which should be offered by the state colleges, | 27299 |
| universities, and other state-assisted institutions of higher | 27300 |
| education in order to utilize to the best advantage their | 27301 |
| facilities and personnel; | 27302 |
| (F) Recommend to the state colleges, universities, and other | 27303 |
| state-assisted institutions of higher education graduate or | 27304 |
| professional programs, including, but not limited to, doctor of | 27305 |
| philosophy, doctor of education, and juris doctor programs, that | 27306 |
| could be eliminated because they constitute unnecessary | 27307 |
| duplication, as shall be determined using the process developed | 27308 |
| pursuant to this division, or for other good and sufficient cause. | 27309 |
| Prior to recommending a program for elimination, the chancellor | 27310 |
| shall request the board of regents to hold at least one public | 27311 |
| hearing on the matter and advise the chancellor on whether the | 27312 |
| program should be recommended for elimination. The board shall | 27313 |
| provide notice of each hearing within a reasonable amount of time | 27314 |
| prior to its scheduled date. Following the hearing, the board | 27315 |
| shall issue a recommendation to the chancellor. The chancellor | 27316 |
| shall consider the board's recommendation but shall not be | 27317 |
| required to accept it. | 27318 |
| For purposes of determining the amounts of any state | 27319 |
| instructional subsidies paid to state colleges, universities, and | 27320 |
| other state-assisted institutions of higher education, the | 27321 |
| chancellor may exclude students enrolled in any program that the | 27322 |
| chancellor has recommended for elimination pursuant to this | 27323 |
| division except that the chancellor shall not exclude any such | 27324 |
| student who enrolled in the program prior to the date on which the | 27325 |
| chancellor initially commences to exclude students under this | 27326 |
| division. | 27327 |
| The chancellor and state colleges, universities, and other | 27328 |
| state-assisted institutions of higher education shall jointly | 27329 |
| develop a process for determining which existing graduate or | 27330 |
| professional programs constitute unnecessary duplication. | 27331 |
| (G) Recommend to the state colleges, universities, and other | 27332 |
| state-assisted institutions of higher education programs which | 27333 |
| should be added to their present programs; | 27334 |
| (H) Conduct studies for the state colleges, universities, and | 27335 |
| other state-assisted institutions of higher education to assist | 27336 |
| them in making the best and most efficient use of their existing | 27337 |
| facilities and personnel; | 27338 |
| (I) Make recommendations to the governor and general assembly | 27339 |
| concerning the development of state-financed capital plans for | 27340 |
| higher education; the establishment of new state colleges, | 27341 |
| universities, and other state-assisted institutions of higher | 27342 |
| education; and the establishment of new programs at the existing | 27343 |
| state colleges, universities, and other institutions of higher | 27344 |
| education; | 27345 |
| (J) Review the appropriation requests of the public community | 27346 |
| colleges and the state colleges and universities and submit to the | 27347 |
| office of budget and management and to the chairpersons of the | 27348 |
| finance committees of the house of representatives and of the | 27349 |
| senate the chancellor's recommendations in regard to the biennial | 27350 |
| higher education appropriation for the state, including | 27351 |
| appropriations for the individual state colleges and universities | 27352 |
| and public community colleges. For the purpose of determining the | 27353 |
| amounts of instructional subsidies to be paid to state-assisted | 27354 |
| colleges and universities, the chancellor shall define "full-time | 27355 |
| equivalent student" by program per academic year. The definition | 27356 |
| may take into account the establishment of minimum enrollment | 27357 |
| levels in technical education programs below which support | 27358 |
| allowances will not be paid. Except as otherwise provided in this | 27359 |
| section, the chancellor shall make no change in the definition of | 27360 |
| "full-time equivalent student" in effect on November 15, 1981, | 27361 |
| which would increase or decrease the number of subsidy-eligible | 27362 |
| full-time equivalent students, without first submitting a fiscal | 27363 |
| impact statement to the president of the senate, the speaker of | 27364 |
| the house of representatives, the legislative service commission, | 27365 |
| and the director of budget and management. The chancellor shall | 27366 |
| work in close cooperation with the director of budget and | 27367 |
| management in this respect and in all other matters concerning the | 27368 |
| expenditures of appropriated funds by state colleges, | 27369 |
| universities, and other institutions of higher education. | 27370 |
| (K) Seek the cooperation and advice of the officers and | 27371 |
| trustees of both public and private colleges, universities, and | 27372 |
| other institutions of higher education in the state in performing | 27373 |
| the chancellor's duties and making the chancellor's plans, | 27374 |
| studies, and recommendations; | 27375 |
| (L) Appoint advisory committees consisting of persons | 27376 |
| associated with public or private secondary schools, members of | 27377 |
| the state board of education, or personnel of the state department | 27378 |
| of education; | 27379 |
| (M) Appoint advisory committees consisting of college and | 27380 |
| university personnel, or other persons knowledgeable in the field | 27381 |
| of higher education, or both, in order to obtain their advice and | 27382 |
| assistance in defining and suggesting solutions for the problems | 27383 |
| and needs of higher education in this state; | 27384 |
| (N) Approve or disapprove all new degrees and new degree | 27385 |
| programs at all state colleges, universities, and other | 27386 |
| state-assisted institutions of higher education; | 27387 |
| (O) Adopt such rules as are necessary to carry out the | 27388 |
| chancellor's duties and responsibilities. The rules shall | 27389 |
| prescribe procedures for the chancellor to follow when taking | 27390 |
| actions associated with the chancellor's duties and | 27391 |
| responsibilities and shall indicate which types of actions are | 27392 |
| subject to those procedures. The procedures adopted under this | 27393 |
| division shall be in addition to any other procedures prescribed | 27394 |
| by law for such actions. However, if any other provision of the | 27395 |
| Revised Code or rule adopted by the chancellor prescribes | 27396 |
| different procedures for such an action, the procedures adopted | 27397 |
| under this division shall not apply to that action to the extent | 27398 |
| they conflict with the procedures otherwise prescribed by law. The | 27399 |
| procedures adopted under this division shall include at least the | 27400 |
| following: | 27401 |
| (1) Provision for public notice of the proposed action; | 27402 |
| (2) An opportunity for public comment on the proposed action, | 27403 |
| which may include a public hearing on the action by the board of | 27404 |
| regents; | 27405 |
| (3) Methods for parties that may be affected by the proposed | 27406 |
| action to submit comments during the public comment period; | 27407 |
| (4) Submission of recommendations from the board of regents | 27408 |
| regarding the proposed action, at the request of the chancellor; | 27409 |
| (5) Written publication of the final action taken by the | 27410 |
| chancellor and the chancellor's rationale for the action; | 27411 |
| (6) A timeline for the process described in divisions (O)(1) | 27412 |
| to (5) of this section. | 27413 |
| (P) | 27414 |
| 27415 | |
| 27416 | |
| 27417 |
| | 27418 |
| | 27419 |
| | 27420 |
| | 27421 |
| | 27422 |
| | 27423 |
| 27424 |
| | 27425 |
| 27426 | |
| 27427 |
| | 27428 |
| assembly regarding the design and funding of the student financial | 27429 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 27430 |
| 3333.26, and 5910.02 of the Revised Code; | 27431 |
| | 27432 |
| programs on behalf of the state and assume responsibility for the | 27433 |
| administration of such programs in accordance with applicable | 27434 |
| state or federal law; | 27435 |
| | 27436 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.26, | 27437 |
| 3333.28, and 5910.02 of the Revised Code, and perform any other | 27438 |
| administrative functions assigned to the chancellor by those | 27439 |
| sections; | 27440 |
| | 27441 |
| institutions of higher education; | 27442 |
| | 27443 |
| to advise or participate in the development and operation of | 27444 |
| statewide collaborative efforts, including the Ohio supercomputer | 27445 |
| center, the Ohio academic resources network, OhioLink, and the | 27446 |
| Ohio learning network. For each consortium, the chancellor shall | 27447 |
| designate a college or university to serve as that consortium's | 27448 |
| fiscal agent, financial officer, and employer. Any funds | 27449 |
| appropriated for the consortia shall be distributed to the fiscal | 27450 |
| agents for the operation of the consortia. A consortium shall | 27451 |
| follow the rules of the college or university that serves as its | 27452 |
| fiscal agent. The chancellor may restructure existing consortia, | 27453 |
| appointed under this division, in accordance with procedures | 27454 |
|
adopted under divisions | 27455 |
| | 27456 |
| responsibilities of the board of regents not otherwise prescribed | 27457 |
| by law; | 27458 |
| | 27459 |
| education from members of the general assembly and direct staff to | 27460 |
| conduct research or analysis as needed for this purpose. | 27461 |
| Sec. 3333.041. (A) On or before the last day of December of | 27462 |
| each year, the chancellor of the Ohio board of regents shall | 27463 |
|
submit | 27464 |
|
101.68 of the Revised Code, the general assembly | 27465 |
| 27466 | |
| 27467 | |
| concerning all of the following: | 27468 |
| (1) The status of graduates of Ohio school districts at | 27469 |
| 27470 | |
| higher education during the twelve-month period ending on the | 27471 |
| thirtieth day of September of the current calendar year. The | 27472 |
| report shall list, by school district, the number of graduates of | 27473 |
|
each school district who attended | 27474 |
| state institution of higher education and the percentage of each | 27475 |
|
district's graduates enrolled in | 27476 |
| state institution of higher education during the reporting period | 27477 |
| who were required during such period by the college or university, | 27478 |
| as a prerequisite to enrolling in those courses generally required | 27479 |
| for first-year students, to enroll in a remedial course in | 27480 |
| English, including composition or reading, mathematics, and any | 27481 |
|
other area designated by the | 27482 |
| shall make the information described in division (A)(1) of this | 27483 |
| section available to the board of education of each city, exempted | 27484 |
| village, and local school district. | 27485 |
| Each | 27486 |
| of higher education shall, by the first day of November of each | 27487 |
| year, submit to the chancellor in the form specified by the | 27488 |
| chancellor the information the chancellor requires to compile the | 27489 |
| report. | 27490 |
| (2) Aggregate academic growth data for students assigned to | 27491 |
| graduates of teacher preparation programs approved under section | 27492 |
| 3333.048 of the Revised Code who teach English language arts or | 27493 |
| mathematics in any of grades four to eight in a public school in | 27494 |
| Ohio. For this purpose, the chancellor shall use the value-added | 27495 |
| progress dimension prescribed by section 3302.021 of the Revised | 27496 |
| Code. The chancellor shall aggregate the data by graduating class | 27497 |
| for each approved teacher preparation program, except that if a | 27498 |
| particular class has ten or fewer graduates to which this section | 27499 |
| applies, the chancellor shall report the data for a group of | 27500 |
| classes over a three-year period. In no case shall the report | 27501 |
| identify any individual graduate. The department of education | 27502 |
| shall share any data necessary for the report with the chancellor. | 27503 |
| (3) The following information with respect to the Ohio | 27504 |
| tuition trust authority: | 27505 |
| (a) The name of each investment manager that is a minority | 27506 |
| business enterprise or a women's business enterprise with which | 27507 |
| the chancellor contracts; | 27508 |
| (b) The amount of assets managed by investment managers that | 27509 |
| are minority business enterprises or women's business enterprises, | 27510 |
| expressed as a percentage of assets managed by investment managers | 27511 |
| with which the chancellor has contracted; | 27512 |
| (c) Efforts by the chancellor to increase utilization of | 27513 |
| investment managers that are minority business enterprises or | 27514 |
| women's business enterprises. | 27515 |
| (4) The status of implementation of faculty improvement | 27516 |
| programs under section 3345.28 of the Revised Code. The report | 27517 |
| shall include, but need not be limited to, the following: the | 27518 |
| number of professional leave grants made by each institution; the | 27519 |
| purpose of each professional leave; and a statement of the cost to | 27520 |
| the institution of each professional leave, to the extent that the | 27521 |
| cost exceeds the salary of the faculty member on professional | 27522 |
| leave. | 27523 |
| (5) The number and types of biobased products purchased under | 27524 |
| section 125.092 of the Revised Code and the amount of money spent | 27525 |
| by state institutions of higher education for those biobased | 27526 |
| products as that information is provided to the chancellor under | 27527 |
| division (A) of section 3345.692 of the Revised Code. | 27528 |
| (6) A description of dual enrollment programs, as defined in | 27529 |
| section 3313.6013 of the Revised Code, that are offered by school | 27530 |
| districts, community schools established under Chapter 3314. of | 27531 |
| the Revised Code, STEM schools established under Chapter 3326. of | 27532 |
| the Revised Code, college-preparatory boarding schools established | 27533 |
| under Chapter 3328. of the Revised Code, and chartered nonpublic | 27534 |
| high schools. The chancellor also shall post the information on | 27535 |
| the chancellor's web site. | 27536 |
| (7) The academic and economic impact of the Ohio innovation | 27537 |
| partnership established under section 3333.61 of the Revised Code. | 27538 |
| At a minimum, the report shall include the following: | 27539 |
| (a) Progress and performance metrics for each initiative that | 27540 |
| received an award in the previous fiscal year; | 27541 |
| (b) Economic indicators of the impact of each initiative, and | 27542 |
| all initiatives as a whole, on the regional economies and the | 27543 |
| statewide economy; | 27544 |
| (c) The chancellor's strategy in assigning choose Ohio first | 27545 |
| scholarships among state universities and colleges and how the | 27546 |
| actual awards fit that strategy. | 27547 |
| (8) The academic and economic impact of the Ohio | 27548 |
| co-op/internship program established under section 3333.72 of the | 27549 |
| Revised Code. At a minimum, the report shall include the | 27550 |
| following: | 27551 |
| (a) Progress and performance metrics for each initiative that | 27552 |
| received an award in the previous fiscal year; | 27553 |
| (b) Economic indicators of the impact of each initiative, and | 27554 |
| all initiatives as a whole, on the regional economies and the | 27555 |
| statewide economy; | 27556 |
| (c) The chancellor's strategy in allocating awards among | 27557 |
| state institutions of higher education and how the actual awards | 27558 |
| fit that strategy. | 27559 |
| (B) As used in this section | 27560 |
| 27561 | |
| 27562 | |
| 27563 | |
| 27564 |
| (1) "Minority business enterprise" has the same meaning as in | 27565 |
| section 122.71 of the Revised Code. | 27566 |
| (2) "State institution of higher education" and "state | 27567 |
| university" have the same meanings as in section 3345.011 of the | 27568 |
| Revised Code. | 27569 |
| (3) "State university or college" has the same meaning as in | 27570 |
| section 3345.12 of the Revised Code. | 27571 |
| (4) "Women's business enterprise" means a business, or a | 27572 |
| partnership, corporation, limited liability company, or joint | 27573 |
| venture of any kind, that is owned and controlled by women who are | 27574 |
| United States citizens and residents of this state. | 27575 |
| Sec. 3333.123. (A) As used in this section: | 27576 |
| (1) "The Ohio college opportunity grant program" means the | 27577 |
| program established under section 3333.122 of the Revised Code. | 27578 |
| (2) "Rules for the Ohio college opportunity grant program" | 27579 |
|
means the rules authorized in division | 27580 |
| of the Revised Code for the implementation of the program. | 27581 |
| (B) In adopting rules for the Ohio college opportunity grant | 27582 |
| program, the chancellor of the Ohio board of regents may include | 27583 |
| provisions that give preferential or priority funding to | 27584 |
| low-income students who in their primary and secondary school work | 27585 |
| participate in or complete rigorous academic coursework, attain | 27586 |
| passing scores on the assessments prescribed in section 3301.0710 | 27587 |
| of the Revised Code, or meet other high academic performance | 27588 |
| standards determined by the chancellor to reduce the need for | 27589 |
| remediation and ensure academic success at the postsecondary | 27590 |
| education level. Any such rules shall include a specification of | 27591 |
| procedures needed to certify student achievement of primary and | 27592 |
| secondary standards as well as the timeline for implementation of | 27593 |
| the provisions authorized by this section. | 27594 |
| Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the | 27595 |
| Revised Code, "term" and "academic year" mean "term" and "academic | 27596 |
| year" as defined by the chancellor of the Ohio board of regents. | 27597 |
| The chancellor shall establish and administer an academic | 27598 |
| scholarship program. Under the program, a total of one thousand | 27599 |
| new scholarships shall be awarded annually in the amount of not | 27600 |
| less than two thousand dollars per award. At least one such new | 27601 |
| scholarship shall be awarded annually to a student in each public | 27602 |
| high school and joint vocational school and each nonpublic high | 27603 |
| school for which the state board of education prescribes minimum | 27604 |
| standards in accordance with section 3301.07 of the Revised Code. | 27605 |
| To be eligible for the award of a scholarship, a student | 27606 |
| shall be a resident of Ohio and shall be enrolled as a full-time | 27607 |
| undergraduate student in an Ohio institution of higher education | 27608 |
| that meets the requirements of Title VI of the "Civil Rights Act | 27609 |
| of 1964" and is state-assisted, is nonprofit and holds a | 27610 |
| certificate of authorization issued under section 1713.02 of the | 27611 |
| Revised Code, is a private institution exempt from regulation | 27612 |
| under Chapter 3332. of the Revised Code as prescribed in section | 27613 |
| 3333.046 of the Revised Code, or holds a certificate of | 27614 |
| registration and program authorization issued under section | 27615 |
| 3332.05 of the Revised Code and awards an associate or bachelor's | 27616 |
| degree. Students who attend an institution holding a certificate | 27617 |
| of registration shall be enrolled in a program leading to an | 27618 |
| associate or bachelor's degree for which associate or bachelor's | 27619 |
| degree program the institution has program authorization to offer | 27620 |
| the program issued under section 3332.05 of the Revised Code. | 27621 |
| "Resident" and "full-time student" shall be defined in rules | 27622 |
| adopted by the chancellor. | 27623 |
| The chancellor shall award the scholarships on the basis of a | 27624 |
| formula designed by the chancellor to identify students with the | 27625 |
| highest capability for successful college study. The formula shall | 27626 |
| weigh the factor of achievement, as measured by grade point | 27627 |
| average, and the factor of ability, as measured by performance on | 27628 |
| a competitive examination specified by the chancellor. Students | 27629 |
| receiving scholarships shall be known as "Ohio academic scholars." | 27630 |
| 27631 | |
| 27632 | |
| 27633 | |
| 27634 |
| Sec. 3333.31. (A) For state subsidy and tuition surcharge | 27635 |
| purposes, status as a resident of Ohio shall be defined by the | 27636 |
| chancellor of the Ohio board of regents by rule promulgated | 27637 |
| pursuant to Chapter 119. of the Revised Code. No adjudication as | 27638 |
| to the status of any person under such rule, however, shall be | 27639 |
| required to be made pursuant to Chapter 119. of the Revised Code. | 27640 |
| The term "resident" for these purposes shall not be equated with | 27641 |
| the definition of that term as it is employed elsewhere under the | 27642 |
| laws of this state and other states, and shall not carry with it | 27643 |
| any of the legal connotations appurtenant thereto. Rather, except | 27644 |
| as provided in divisions (B) and (D) of this section, for such | 27645 |
| purposes, the rule promulgated under this section shall have the | 27646 |
| objective of excluding from treatment as residents those who are | 27647 |
| present in the state primarily for the purpose of attending a | 27648 |
| state-supported or state-assisted institution of higher education, | 27649 |
| and may prescribe presumptive rules, rebuttable or conclusive, as | 27650 |
| to such purpose based upon the source or sources of support of the | 27651 |
| student, residence prior to first enrollment, evidence of | 27652 |
| intention to remain in the state after completion of studies, or | 27653 |
| such other factors as the chancellor deems relevant. | 27654 |
| (B) The rules of the chancellor for determining student | 27655 |
| residency shall grant residency status to a veteran and to the | 27656 |
| veteran's spouse and any dependent of the veteran, if both of the | 27657 |
| following conditions are met: | 27658 |
| (1) The veteran either: | 27659 |
| (a) Served one or more years on active military duty and was | 27660 |
| honorably discharged or received a medical discharge that was | 27661 |
| related to the military service; | 27662 |
| (b) Was killed while serving on active military duty or has | 27663 |
| been declared to be missing in action or a prisoner of war. | 27664 |
| (2) If the veteran seeks residency status for tuition | 27665 |
| surcharge purposes, the veteran has established domicile in this | 27666 |
| state as of the first day of a term of enrollment in an | 27667 |
| institution of higher education. If the spouse or a dependent of | 27668 |
| the veteran seeks residency status for tuition surcharge purposes, | 27669 |
| the veteran and the spouse or dependent seeking residency status | 27670 |
| have established domicile in this state as of the first day of a | 27671 |
| term of enrollment in an institution of higher education, except | 27672 |
| that if the veteran was killed while serving on active military | 27673 |
|
duty | 27674 |
| of war, or is deceased after discharge, only the spouse or | 27675 |
| dependent seeking residency status shall be required to have | 27676 |
| established domicile in accordance with this division. | 27677 |
| (C) The rules of the chancellor for determining student | 27678 |
| residency shall not deny residency status to a student who is | 27679 |
| either a dependent child of a parent, or the spouse of a person | 27680 |
| who, as of the first day of a term of enrollment in an institution | 27681 |
| of higher education, has accepted full-time employment and | 27682 |
| established domicile in this state for reasons other than gaining | 27683 |
| the benefit of favorable tuition rates. | 27684 |
| Documentation of full-time employment and domicile shall | 27685 |
| include both of the following documents: | 27686 |
| (1) A sworn statement from the employer or the employer's | 27687 |
| representative on the letterhead of the employer or the employer's | 27688 |
| representative certifying that the parent or spouse of the student | 27689 |
| is employed full-time in Ohio; | 27690 |
| (2) A copy of the lease under which the parent or spouse is | 27691 |
| the lessee and occupant of rented residential property in the | 27692 |
| state, a copy of the closing statement on residential real | 27693 |
| property of which the parent or spouse is the owner and occupant | 27694 |
| in this state or, if the parent or spouse is not the lessee or | 27695 |
| owner of the residence in which the parent or spouse has | 27696 |
| established domicile, a letter from the owner of the residence | 27697 |
| certifying that the parent or spouse resides at that residence. | 27698 |
| Residency officers may also evaluate, in accordance with the | 27699 |
| chancellor's rule, requests for immediate residency status from | 27700 |
| dependent students whose parents are not living and whose domicile | 27701 |
| follows that of a legal guardian who has accepted full-time | 27702 |
| employment and established domicile in the state for reasons other | 27703 |
| than gaining the benefit of favorable tuition rates. | 27704 |
| (D)(1) The rules of the chancellor for determining student | 27705 |
| residency shall grant residency status to a person who, while a | 27706 |
| resident of this state for state subsidy and tuition surcharge | 27707 |
| purposes, graduated from a high school in this state, if the | 27708 |
| person enrolls in an institution of higher education and | 27709 |
| establishes domicile in this state, regardless of the student's | 27710 |
| residence prior to that enrollment. | 27711 |
| (2) The rules of the chancellor for determining student | 27712 |
| residency shall not grant residency status to an alien if the | 27713 |
| alien is not also an immigrant or a nonimmigrant. | 27714 |
| (E) As used in this section: | 27715 |
| (1) "Dependent," "domicile," "institution of higher | 27716 |
| education," and "residency officer" have the meanings ascribed in | 27717 |
| the chancellor's rules adopted under this section. | 27718 |
| (2) "Alien" means a person who is not a United States citizen | 27719 |
| or a United States national. | 27720 |
| (3) "Immigrant" means an alien who has been granted the right | 27721 |
| by the United States bureau of citizenship and immigration | 27722 |
| services to reside permanently in the United States and to work | 27723 |
| without restrictions in the United States. | 27724 |
| (4) "Nonimmigrant" means an alien who has been granted the | 27725 |
| right by the United States bureau of citizenship and immigration | 27726 |
| services to reside temporarily in the United States. | 27727 |
| Sec. 3333.60. As used in sections 3333.61 to | 27728 |
| of the Revised Code: | 27729 |
| (A) "State university or college" has the same meaning as in | 27730 |
| section 3345.12 of the Revised Code. | 27731 |
| (B) "State university" and "state institution of higher | 27732 |
| education" have the same meanings as in section 3345.011 of the | 27733 |
| Revised Code. | 27734 |
| Sec. 3333.61. The chancellor of the Ohio board of regents | 27735 |
| shall establish and administer the Ohio innovation partnership, | 27736 |
| which shall consist of the choose Ohio first scholarship program | 27737 |
| and the Ohio research scholars program. Under the programs, the | 27738 |
| chancellor, subject to approval by the controlling board, shall | 27739 |
| make awards to state universities or colleges for programs and | 27740 |
| initiatives that recruit students and scientists in the fields of | 27741 |
| science, technology, engineering, mathematics, and medicine to | 27742 |
| state universities or colleges, in order to enhance regional | 27743 |
| educational and economic strengths and meet the needs of the | 27744 |
| state's regional economies. Awards may be granted for programs and | 27745 |
| initiatives to be implemented by a state university or college | 27746 |
| alone or in collaboration with other state institutions of higher | 27747 |
| education, nonpublic Ohio universities and colleges, or other | 27748 |
| public or private Ohio entities. If the chancellor makes an award | 27749 |
| to a program or initiative that is intended to be implemented by a | 27750 |
| state university or college in collaboration with other state | 27751 |
| institutions of higher education or nonpublic Ohio universities or | 27752 |
| colleges, the chancellor may provide that some portion of the | 27753 |
| award be received directly by the collaborating universities or | 27754 |
| colleges consistent with all terms of the Ohio innovation | 27755 |
| partnership. | 27756 |
| The choose Ohio first scholarship program shall assign a | 27757 |
| number of scholarships to state universities and colleges to | 27758 |
| recruit Ohio residents as undergraduate, or as provided in section | 27759 |
| 3333.66 of the Revised Code graduate, students in the fields of | 27760 |
| science, technology, engineering, mathematics, and medicine, or in | 27761 |
| science, technology, engineering, mathematics, or medical | 27762 |
| education. Choose Ohio first scholarships shall be awarded to each | 27763 |
| participating eligible student as a grant to the state university | 27764 |
| or college the student is attending and shall be reflected on the | 27765 |
| student's tuition bill. Choose Ohio first scholarships are | 27766 |
| student-centered grants from the state to students to use to | 27767 |
| attend a university or college and are not grants from the state | 27768 |
| to universities or colleges. | 27769 |
| Notwithstanding any other provision of this section or | 27770 |
|
sections 3333.62 to | 27771 |
| nonpublic four-year Ohio institution of higher education may | 27772 |
| submit a proposal for choose Ohio first scholarships or Ohio | 27773 |
| research scholars grants. If the chancellor awards a nonpublic | 27774 |
| institution scholarships or grants, the nonpublic institution | 27775 |
| shall comply with all requirements of this section, sections | 27776 |
|
3333.62 to
| 27777 |
| adopted under this section that apply to state universities or | 27778 |
| colleges awarded choose Ohio first scholarships or Ohio research | 27779 |
| scholars grants. | 27780 |
| The Ohio research scholars program shall award grants to use | 27781 |
| in recruiting scientists to the faculties of state universities or | 27782 |
| colleges. | 27783 |
| The chancellor shall adopt rules in accordance with Chapter | 27784 |
| 119. of the Revised Code to administer the programs. | 27785 |
| Sec. 3333.71. As used in sections 3333.71 to | 27786 |
| of the Revised Code: | 27787 |
| (A) "Cooperative education program" means a partnership | 27788 |
| between students, institutions of higher education, and employers | 27789 |
| that formally integrates students' academic study with work | 27790 |
| experience in cooperating employer organizations and that meets | 27791 |
| all of the following conditions: | 27792 |
| (1) Alternates or combines periods of academic study and work | 27793 |
| experience in appropriate fields as an integral part of student | 27794 |
| education; | 27795 |
| (2) Provides students with compensation from the cooperative | 27796 |
| employer in the form of wages or salaries for work performed; | 27797 |
| (3) Evaluates each participating student's performance in the | 27798 |
| cooperative position, both from the perspective of the student's | 27799 |
| institution of higher education and the student's cooperative | 27800 |
| employer; | 27801 |
| (4) Provides participating students with academic credit from | 27802 |
| the institution of higher education upon successful completion of | 27803 |
| their cooperative education; | 27804 |
| (5) Is part of an overall degree or certificate program for | 27805 |
| which a percentage of the total program acceptable to the | 27806 |
| chancellor of the Ohio board of regents involves cooperative | 27807 |
| education. | 27808 |
| (B) "Internship program" means a partnership between | 27809 |
| students, institutions of higher education, and employers that | 27810 |
| formally integrates students' academic study with work or | 27811 |
| community service experience and that does both of the following: | 27812 |
| (1) Offers internships of specified and definite duration; | 27813 |
| (2) Evaluates each participating student's performance in the | 27814 |
| internship position, both from the perspective of the student's | 27815 |
| institution of higher education and the student's internship | 27816 |
| employer. | 27817 |
| An internship program may provide participating students with | 27818 |
| academic credit upon successful completion of the internship, and | 27819 |
| may provide students with compensation in the form of wages or | 27820 |
| salaries, stipends, or scholarships. | 27821 |
| (C) "Nonpublic university or college" means a nonprofit | 27822 |
| institution holding a certificate of authorization issued under | 27823 |
| Chapter 1713. of the Revised Code. | 27824 |
| (D) "State institution of higher education" has the same | 27825 |
| meaning as in section 3345.011 of the Revised Code. | 27826 |
| Sec. 3333.72. The chancellor of the Ohio board of regents | 27827 |
| shall establish and administer the Ohio co-op/internship program | 27828 |
| to promote and encourage cooperative education programs or | 27829 |
| internship programs at Ohio institutions of higher education for | 27830 |
| the purpose of recruiting Ohio students to stay in the state, and | 27831 |
| recruiting Ohio residents who left Ohio to attend out-of-state | 27832 |
| institutions of higher education back to Ohio institutions of | 27833 |
| higher education, to participate in high quality academic programs | 27834 |
| that use cooperative education programs or significant internship | 27835 |
| programs, in order to support the growth of Ohio's businesses by | 27836 |
| providing businesses with Ohio's most talented students and | 27837 |
| providing Ohio graduates with job opportunities with Ohio's | 27838 |
| growing companies. | 27839 |
| The chancellor, subject to approval by the controlling board, | 27840 |
| shall make awards to state institutions of higher education for | 27841 |
| new or existing programs and initiatives meeting the goals of the | 27842 |
| Ohio co-op/internship program. Awards may be granted for programs | 27843 |
| and initiatives to be implemented by a state institution of higher | 27844 |
| education alone or in collaboration with other state institutions | 27845 |
| of higher education or nonpublic Ohio universities and colleges. | 27846 |
| If the chancellor makes an award to a program or initiative that | 27847 |
| is intended to be implemented by a state institution of higher | 27848 |
| education in collaboration with other state institutions of higher | 27849 |
| education or nonpublic Ohio universities or colleges, the | 27850 |
| chancellor may provide that some portion of the award be received | 27851 |
| directly by the collaborating universities or colleges consistent | 27852 |
| with all terms of the Ohio co-op/internship program. | 27853 |
| The Ohio co-op/internship program shall support the creation | 27854 |
| and maintenance of high quality academic programs that utilize an | 27855 |
| intensive cooperative education or internship program for students | 27856 |
| at state institutions of higher education, or assign a number of | 27857 |
| scholarships to institutions to recruit Ohio residents as students | 27858 |
| in a high quality academic program, or both. If scholarships are | 27859 |
| included in an award to an institution of higher education, the | 27860 |
| scholarships shall be awarded to each participating eligible | 27861 |
| student as a grant to the state institution of higher education | 27862 |
| the student is attending and shall be reflected on the student's | 27863 |
| tuition bill. | 27864 |
| Notwithstanding any other provision of this section or | 27865 |
|
sections 3333.73 to | 27866 |
| four-year nonpublic university or college may submit a proposal as | 27867 |
| lead applicant or co-lead applicant for an award under the Ohio | 27868 |
| co-op/internship program if the proposal is to be implemented in | 27869 |
| collaboration with a state institution of higher education. If the | 27870 |
| chancellor grants a nonpublic university or college an award, the | 27871 |
| nonpublic university or college shall comply with all requirements | 27872 |
|
of this section, sections 3333.73 to
| 27873 |
| Revised Code, and the rules adopted under this section that apply | 27874 |
| to state institutions of higher education that receive awards | 27875 |
| under the program. | 27876 |
| The chancellor shall adopt rules in accordance with Chapter | 27877 |
| 119. of the Revised Code to administer the Ohio co-op/internship | 27878 |
| program. | 27879 |
| Sec. 3345.16. The board of trustees of a state college or | 27880 |
| university may receive, and hold in trust, for the use and benefit | 27881 |
| of the college or university any grant or devise of land, and | 27882 |
| donation or bequest of money or other personal property, to be | 27883 |
| applied to the general or special use of the college or | 27884 |
| university, including use for student loan and scholarship | 27885 |
| purposes, unless otherwise directed in the donation or bequest. | 27886 |
| The board of trustees of a state college or university may | 27887 |
| utilize trust funds to invest in property, real and personal, as a | 27888 |
| portion of the holdings in the endowment portfolio under the trust | 27889 |
| powers imparted to the board of trustees. Such property, real and | 27890 |
| personal, acquired for investment purposes shall be managed by the | 27891 |
| board of trustees in the same manner as are other investments in | 27892 |
| the college's or university's endowment portfolio. The board of | 27893 |
| trustees may lease, lease back, or otherwise contract for the use | 27894 |
| of such property in such manner as to provide earning power for | 27895 |
| the college or university investment portfolio. Sections 123.01, | 27896 |
| 27897 | |
| Code do not apply to properties, real and personal, held under | 27898 |
| this section as earning-power properties in the college or | 27899 |
| university endowment portfolio. | 27900 |
| Notwithstanding any provision of the Revised Code to the | 27901 |
| contrary, the title in properties, real and personal, purchased by | 27902 |
| a board of trustees as an investment and held in the college's or | 27903 |
| university's endowment portfolio shall not be vested in the state, | 27904 |
| but shall be held in trust by the board. | 27905 |
| Sec. 3345.28. The board of trustees of any state university, | 27906 |
| medical university, technical college, state community college, | 27907 |
| community college, or the board of trustees or managing authority | 27908 |
| of any university branch may establish and administer a faculty | 27909 |
| improvement program, under which any full-time faculty member with | 27910 |
| at least seven academic years of teaching service at the college, | 27911 |
| university, or branch may be granted professional leave for a | 27912 |
| period not to exceed one academic year to engage in further | 27913 |
| education, research, or any other purpose approved by the board. A | 27914 |
| board of trustees or managing authority that establishes such a | 27915 |
| program shall, by rule, adopt a definition of "academic years of | 27916 |
| teaching service" and of "full-time faculty member." | 27917 |
| No such board or authority shall pay any faculty member for | 27918 |
| or during a period of professional leave any salary exceeding the | 27919 |
| amount that would have been paid to such faculty member for | 27920 |
| performing the faculty member's regular duties during the period | 27921 |
| of the leave. No faculty member shall, by virtue of being on | 27922 |
| professional leave, suffer a reduction or termination of the | 27923 |
| faculty member's regular employee retirement or insurance benefits | 27924 |
| or of any other benefit or privilege being received as a faculty | 27925 |
| member at the college, university, or branch where the faculty | 27926 |
| member is employed. Whenever such a benefit would be reduced | 27927 |
| because of a reduction in the faculty member's salary during the | 27928 |
| period of professional leave, the faculty member shall be given a | 27929 |
| chance to have the benefit increased to its normal level, in | 27930 |
| accordance with rules adopted by the board of trustees or the | 27931 |
| managing authority. A faculty member who has been granted | 27932 |
| professional leave shall complete another seven years of service | 27933 |
| at the college, university, or branch at which the faculty member | 27934 |
| is employed before becoming eligible for another grant of | 27935 |
| professional leave at that college, university, or branch. | 27936 |
| Professional leave taken as part of a faculty improvement program | 27937 |
| established under this section shall not be deemed to be in lieu | 27938 |
| of released time or assigned duty in connection with a specific | 27939 |
| research, scholarly, or creative program. | 27940 |
| Boards of trustees and managing authorities may accept moneys | 27941 |
| from any person, political subdivision, or the federal government | 27942 |
| to support a faculty improvement program, and may establish such | 27943 |
| additional rules as are necessary to establish and administer it. | 27944 |
| Each grant of professional leave shall be in accordance with | 27945 |
| a professional improvement policy for professional leaves that has | 27946 |
| been approved by the board of trustees or the managing authority. | 27947 |
| No professional leave shall be granted that requires a | 27948 |
| compensating addition to the permanent faculty or staff of the | 27949 |
| college, university, or branch. No professional leave shall be | 27950 |
| approved unless a specific plan for the professional improvement | 27951 |
| of the faculty member while on leave has been submitted to and | 27952 |
| accepted by the president of the university, college, or branch. | 27953 |
| At the completion of the leave, the faculty member shall submit to | 27954 |
| the president a report detailing the attainments of the faculty | 27955 |
| member under this professional improvement plan. | 27956 |
| | 27957 |
| 27958 | |
| 27959 | |
| 27960 | |
| 27961 | |
| 27962 | |
| 27963 | |
| 27964 | |
| 27965 | |
| 27966 |
| Sec. 3345.50. Notwithstanding anything to the contrary in | 27967 |
|
sections 123.01 and | 27968 |
| university, a state community college, or the northeast Ohio | 27969 |
|
medical university not certified pursuant to section | 27970 |
| of the Revised Code may administer any capital facilities project | 27971 |
| for the construction, reconstruction, improvement, renovation, | 27972 |
| enlargement, or alteration of a public improvement under its | 27973 |
| jurisdiction for which the total amount of funds expected to be | 27974 |
| appropriated by the general assembly does not exceed four million | 27975 |
| dollars without the supervision, control, or approval of the | 27976 |
| 27977 | |
| commission as specified in those sections, if both of the | 27978 |
| following occur: | 27979 |
| (A) Within sixty days after the effective date of the section | 27980 |
| of an act in which the general assembly initially makes an | 27981 |
| appropriation for the project, the board of trustees of the | 27982 |
| institution notifies the chancellor of the Ohio board of regents | 27983 |
| in writing of its intent to administer the capital facilities | 27984 |
| project; | 27985 |
| (B) The board of trustees complies with the guidelines | 27986 |
| established pursuant to section 153.16 of the Revised Code and all | 27987 |
| laws that govern the selection of consultants, preparation and | 27988 |
| approval of contract documents, receipt of bids, and award of | 27989 |
| contracts with respect to the project. | 27990 |
| The chancellor shall adopt rules in accordance with Chapter | 27991 |
| 119. of the Revised Code that establish criteria for the | 27992 |
| administration by any such institution of higher education of a | 27993 |
| capital facilities project for which the total amount of funds | 27994 |
| expected to be appropriated by the general assembly exceeds four | 27995 |
|
million dollars. The criteria, to be developed with the | 27996 |
| 27997 | |
| and higher education representatives selected by the chancellor, | 27998 |
| shall include such matters as the adequacy of the staffing levels | 27999 |
| and expertise needed for the institution to administer the | 28000 |
| project, past performance of the institution in administering such | 28001 |
| projects, and the amount of institutional or other nonstate money | 28002 |
| to be used in financing the project. The chancellor and the | 28003 |
| 28004 | |
| commission shall approve the request of any such institution of | 28005 |
| higher education that seeks to administer any such capital | 28006 |
| facilities project and meets the criteria set forth in the rules | 28007 |
| and in the requirements of division (B) of this section. | 28008 |
| Sec. 3345.51. (A) Notwithstanding anything to the contrary | 28009 |
|
in sections | 28010 |
| state university, the northeast Ohio medical university, or a | 28011 |
| state community college may administer any capital facilities | 28012 |
| project for the construction, reconstruction, improvement, | 28013 |
| renovation, enlargement, or alteration of a public improvement | 28014 |
| under its jurisdiction for which funds are appropriated by the | 28015 |
| general assembly without the supervision, control, or approval of | 28016 |
|
the
| 28017 |
| construction commission as specified in those sections, if all of | 28018 |
| the following occur: | 28019 |
| (1) The institution is certified by the | 28020 |
| commission under section | 28021 |
| (2) Within sixty days after the effective date of the section | 28022 |
| of an act in which the general assembly initially makes an | 28023 |
| appropriation for the project, the board of trustees of the | 28024 |
| institution notifies the chancellor of the Ohio board of regents | 28025 |
| in writing of its request to administer the capital facilities | 28026 |
| project and the chancellor approves that request pursuant to | 28027 |
| division (B) of this section; | 28028 |
| (3) The board of trustees passes a resolution stating its | 28029 |
| intent to comply with section 153.13 of the Revised Code and the | 28030 |
| guidelines established pursuant to section 153.16 of the Revised | 28031 |
| Code and all laws that govern the selection of consultants, | 28032 |
| preparation and approval of contract documents, receipt of bids, | 28033 |
| and award of contracts with respect to the project. | 28034 |
| (B) The chancellor shall adopt rules in accordance with | 28035 |
| Chapter 119. of the Revised Code that establish criteria for the | 28036 |
| administration by any such institution of higher education of a | 28037 |
| capital facilities project for which the general assembly | 28038 |
| appropriates funds. The criteria, to be developed with the | 28039 |
| 28040 | |
| education representatives selected by the chancellor, shall | 28041 |
| include such matters as the adequacy of the staffing levels and | 28042 |
| expertise needed for the institution to administer the project, | 28043 |
| past performance of the institution in administering such | 28044 |
| projects, and the amount of institutional or other nonstate money | 28045 |
| to be used in financing the project. The chancellor shall approve | 28046 |
| the request of any such institution of higher education that seeks | 28047 |
| to administer any such capital facilities project and meets the | 28048 |
| criteria set forth in the rules and the requirements of division | 28049 |
| (A) of this section. | 28050 |
| (C) Any institution that administers a capital facilities | 28051 |
| project under this section shall conduct biennial audits for the | 28052 |
| duration of the project to ensure that the institution is | 28053 |
| complying with Chapters 9., 123., and 153. of the Revised Code and | 28054 |
| that the institution is using its certification issued under | 28055 |
|
section | 28056 |
| chancellor, in consultation with higher education representatives | 28057 |
| selected by the chancellor, shall adopt rules in accordance with | 28058 |
| Chapter 119. of the Revised Code that establish criteria for the | 28059 |
| conduct of the audits. The criteria shall include documentation | 28060 |
| necessary to determine compliance with Chapters 9., 123., and 153. | 28061 |
| of the Revised Code and a method to determine whether an | 28062 |
|
institution is using its certification issued under section | 28063 |
| 123.24 of the Revised Code appropriately. | 28064 |
| (D) The chancellor, in consultation with higher education | 28065 |
| representatives selected by the chancellor, shall adopt rules in | 28066 |
| accordance with Chapter 119. of the Revised Code establishing | 28067 |
| criteria for monitoring capital facilities projects administered | 28068 |
| by institutions under this section. The criteria shall include the | 28069 |
| following: | 28070 |
| (1) Conditions under which the chancellor may revoke the | 28071 |
| authority of an institution to administer a capital facilities | 28072 |
| project under this section, including the failure of an | 28073 |
| institution to maintain a sufficient number of employees who have | 28074 |
| successfully completed the certification program under section | 28075 |
| 28076 |
| (2) A process for institutions to remedy any problems found | 28077 |
| by an audit conducted pursuant to division (C) of this section, | 28078 |
| including the improper use of state funds or violations of Chapter | 28079 |
| 9., 123., or 153. of the Revised Code. | 28080 |
| (E) If the chancellor revokes an institution's authority to | 28081 |
|
administer a capital facilities project, the | 28082 |
| 28083 | |
| facilities project. The chancellor also may require an | 28084 |
| institution, for which the chancellor revoked authority to | 28085 |
| administer a capital facilities project, to acquire a new local | 28086 |
|
administration competency certification pursuant to section | 28087 |
| 123.24 of the Revised Code. | 28088 |
| Sec. 3345.54. (A) As used in this section: | 28089 |
| (1) "Auxiliary facilities" has the same meaning as in section | 28090 |
| 3345.12 of the Revised Code. | 28091 |
| (2) "Conduit entity" means an organization described in | 28092 |
| section 501(c)(3) of the Internal Revenue Code qualified as a | 28093 |
| public charity under section 509(a)(2) or 509(a)(3) of the | 28094 |
| Internal Revenue Code, or any other appropriate legal entity | 28095 |
| selected by the state institution, whose corporate purpose allows | 28096 |
| it to perform the functions and obligations of a conduit entity | 28097 |
| pursuant to the terms of a financing agreement. | 28098 |
| (3) "Conveyed property" means auxiliary facilities conveyed | 28099 |
| by a state institution to a conduit entity pursuant to a financing | 28100 |
| agreement. | 28101 |
| (4) "Financing agreement" means a contract described in | 28102 |
| division (C) of this section. | 28103 |
| (5) "Independent funding source" means a private entity that | 28104 |
| enters into a financing agreement with a conduit entity and a | 28105 |
| state institution. | 28106 |
| (6) "State institution" means a state institution of higher | 28107 |
| education as defined in section 3345.011 of the Revised Code. | 28108 |
| (B) The board of trustees of a state institution, with the | 28109 |
| approval of the chancellor of the Ohio board of regents and the | 28110 |
| controlling board, may enter into a financing agreement with a | 28111 |
| conduit entity and an independent funding source selected either | 28112 |
| through a competitive selection process or by direct negotiations, | 28113 |
| and may convey to the conduit entity title to any auxiliary | 28114 |
| facilities owned by the state institution pursuant to the terms of | 28115 |
| a financing agreement. | 28116 |
| (C) A financing agreement under this section is a written | 28117 |
| contract entered into among a state institution, a conduit entity, | 28118 |
| and an independent funding source that provides for: | 28119 |
| (1) The conveyance of auxiliary facilities owned by a state | 28120 |
| institution to the conduit entity for consideration deemed | 28121 |
| adequate by the state institution; | 28122 |
| (2) The lease of the conveyed property by the conduit entity | 28123 |
| to the independent funding source and leaseback of the conveyed | 28124 |
| property to the conduit entity for a term not to exceed | 28125 |
| ninety-nine years; | 28126 |
| (3) Such other terms and conditions that may be negotiated | 28127 |
| and agreed upon by the parties, including, but not limited to, | 28128 |
| terms regarding: | 28129 |
| (a) Payment to the state institution by the conduit entity of | 28130 |
| revenues received by it from the operations of the conveyed | 28131 |
| property in excess of the payments it is required to make to the | 28132 |
| independent funding source under the lease-leaseback arrangement | 28133 |
| described in division (C)(2) of this section; | 28134 |
| (b) Pledge, assignment, or creation of a lien in favor of the | 28135 |
| independent funding source by the conduit entity of any revenues | 28136 |
| derived from the conveyed property; | 28137 |
| (c) Reverter or conveyance of title to the conveyed property | 28138 |
| to the state institution when the conveyed property is no longer | 28139 |
| subject to a lease with the independent funding source. | 28140 |
| (4) Terms and conditions required by the chancellor or the | 28141 |
| controlling board as a condition of approval of the financing | 28142 |
| agreement. | 28143 |
| (D) The state institution and the conduit entity may enter | 28144 |
| into such other management agreements or other contracts regarding | 28145 |
| the conveyed property the parties deem appropriate, including | 28146 |
| agreements pursuant to which the state institution may maintain or | 28147 |
| administer the conveyed property and collect and disburse revenues | 28148 |
| from the conveyed property on behalf of the conduit entity. | 28149 |
| (E) The parties may modify or extend the term of the | 28150 |
| financing agreement with the approval of the chancellor and the | 28151 |
| controlling board. | 28152 |
| (F) The conveyed property shall retain its exemption from | 28153 |
| property taxes and assessments as though title to the conveyed | 28154 |
| property were held by the state institution during any part of a | 28155 |
| tax year that title is held by the state institution or the | 28156 |
| conduit entity and, if held by the conduit entity, remains subject | 28157 |
| to the lease-leaseback arrangement described in division (C)(2) of | 28158 |
| this section. However, as a condition of the continued exemption | 28159 |
| of the conveyed property during the term of the lease-leaseback | 28160 |
| arrangement the conduit entity shall apply for and maintain the | 28161 |
| exemption as provided by law. | 28162 |
| (G) Nothing in this section is intended to abrogate, amend, | 28163 |
| limit, or replace any existing authority state institutions may | 28164 |
| have with respect to the conveyance, lease, lease-leaseback, | 28165 |
| finance, or acquisition of auxiliary facilities including, but not | 28166 |
| limited to, authority granted under sections 3345.07, 3345.11, and | 28167 |
| 3345.12 of the Revised Code. | 28168 |
| Sec. 3345.69. (A) As used in this section: | 28169 |
| (1) "State institution of higher education" has the same | 28170 |
| meaning as in section 3345.011 of the Revised Code. | 28171 |
| (2) "Board of trustees of a state institution of higher | 28172 |
| education" has the same meaning as in section 3345.61 of the | 28173 |
| Revised Code. | 28174 |
| (B) The chairperson of the interuniversity council of Ohio | 28175 |
| and the secretary of the Ohio association of community colleges | 28176 |
| shall assist in coordinating the organization and operation of a | 28177 |
| committee to carry out this section. The committee shall be | 28178 |
| comprised of the presidents of the state institutions of higher | 28179 |
| education or their designees. The committee, in consultation with | 28180 |
|
the | 28181 |
| 28182 | |
| guidelines for the board of trustees of each state institution of | 28183 |
| higher education to use in ensuring energy efficiency and | 28184 |
|
conservation in on- and off-campus buildings. | 28185 |
| 28186 | |
| 28187 | |
| shall do all of the following: | 28188 |
| (1) Include a goal to reduce on- and off-campus building | 28189 |
| energy consumption by at least twenty per cent by 2014, using | 28190 |
| calendar year 2004 as the benchmark year, while recognizing the | 28191 |
| diverse nature and different energy demands and uses of such | 28192 |
| buildings and measures already taken to increase building energy | 28193 |
| efficiency and conservation; | 28194 |
| (2) Prescribe minimum energy efficiency and conservation | 28195 |
| standards for any new, on- or off-campus capital improvement | 28196 |
| project with a construction cost of one hundred thousand dollars | 28197 |
| or more, which standards shall be based on general building type | 28198 |
| and cost-effectiveness; | 28199 |
| (3) Prescribe minimum energy efficiency and conservation | 28200 |
| standards for the leasing of an off-campus space of at least | 28201 |
| twenty-thousand square feet; | 28202 |
| (4) Incorporate best practices into energy efficiency and | 28203 |
| conservation standards and plans; | 28204 |
| (5) Provide that each board develop its own fifteen-year plan | 28205 |
| for phasing in energy efficiency and conservation projects; | 28206 |
| (6) Provide that project impact assessments include the | 28207 |
| fiscal effects of energy efficiency and conservation | 28208 |
| recommendations and plans; | 28209 |
| (7) Establish mechanisms for each board to report | 28210 |
| periodically to the committee on its progress relative to the | 28211 |
| guidelines. | 28212 |
| (C) The board of trustees of a state institution of higher | 28213 |
| education shall adopt rules under section 111.15 of the Revised | 28214 |
| Code to carry out the guidelines established pursuant to division | 28215 |
| (B) of this section, including in the execution of the board's | 28216 |
| authority under sections 3345.62 to 3345.66 of the Revised Code. | 28217 |
| Sec. 3345.692. (A) Not later than September 15, 2010, and | 28218 |
| the fifteenth day of September each year thereafter, a state | 28219 |
| institution of higher education shall prepare and submit to the | 28220 |
| chancellor of the board of regents a report that describes the | 28221 |
| number and types of biobased products purchased under section | 28222 |
| 125.092 of the Revised Code and the amount of money spent by the | 28223 |
| state institution of higher education for those biobased products. | 28224 |
| (B) | 28225 |
| 28226 | |
| 28227 | |
| 28228 | |
| 28229 | |
| 28230 | |
| 28231 | |
| 28232 | |
| 28233 |
| | 28234 |
| education" has the same meaning as in section 3345.011 of the | 28235 |
| Revised Code. | 28236 |
| Sec. 3347.03. Each commission created by section 3347.01 of | 28237 |
| the Revised Code may acquire property of any kind by purchase, | 28238 |
| gift, or devise and hold and use any such property, or may use | 28239 |
| state lands at their respective universities upon consent of the | 28240 |
| respective boards of trustees thereof, for the erection, | 28241 |
| remodeling, or improving and equipping of buildings for suitable | 28242 |
| housing, dormitory, dining hall, and recreational accommodations, | 28243 |
| referred to as "buildings" in sections 3347.03 to 3347.08 of the | 28244 |
| Revised Code, for students, instructors, members of the faculty, | 28245 |
| the administration and maintenance staff of the universities with | 28246 |
| which each commission is identified, and their families. The | 28247 |
| construction, remodeling, or improving of any such buildings shall | 28248 |
| be in accordance with plans and specifications approved by the | 28249 |
| commission and with sections 153.01 and 153.04 to 153.20 of the | 28250 |
| Revised Code, except that the commission may act in all instances | 28251 |
|
where the | 28252 |
| construction commission is mentioned in such sections. | 28253 |
| Sec. 3383.02. (A) There is hereby created the Ohio cultural | 28254 |
| facilities commission. The commission shall engage in and provide | 28255 |
| for the development, performance, and presentation or making | 28256 |
| available of culture and professional sports and athletics to the | 28257 |
| public in this state, and the provision of training or education | 28258 |
| in culture, by the exercise of its powers under this chapter, | 28259 |
| including the provision, operation, management, and cooperative | 28260 |
| use of Ohio cultural facilities and Ohio sports facilities. The | 28261 |
| commission is a body corporate and politic, an agency of state | 28262 |
| government and an instrumentality of the state, performing | 28263 |
| essential governmental functions of this state. The carrying out | 28264 |
| of the purposes and the exercise by the commission of its powers | 28265 |
| conferred by this chapter are essential public functions and | 28266 |
| public purposes of the state and of state government. The | 28267 |
| commission may, in its own name, sue and be sued, enter into | 28268 |
| contracts, and perform all the powers and duties given to it by | 28269 |
| this chapter; however, it does not have and shall not exercise the | 28270 |
| power of eminent domain. | 28271 |
| (B) The commission shall consist of twelve members, nine of | 28272 |
| whom shall be voting members and three of whom shall be nonvoting | 28273 |
| members. The nine voting members shall be appointed by the | 28274 |
| governor, with the advice and consent of the senate, from | 28275 |
| different geographical regions of the state. In addition, one of | 28276 |
|
the voting members shall represent the | 28277 |
| facilities construction commission. Not more than five of the | 28278 |
| members appointed by the governor shall be affiliated with the | 28279 |
| same political party. The nonvoting members shall be the staff | 28280 |
| director of the Ohio arts council, a member of the senate | 28281 |
| appointed by the president of the senate, and a member of the | 28282 |
| house of representatives appointed by the speaker of the house. | 28283 |
| (C) Of the five initial appointments made by the governor, | 28284 |
| one shall be for a term expiring December 31, 1989, two shall be | 28285 |
| for terms expiring December 31, 1990, and two shall be for terms | 28286 |
| expiring December 31, 1991. Of the initial appointments of the | 28287 |
| sixth and seventh voting members made by the governor, one shall | 28288 |
| be for a term expiring December 31, 2003, and one shall be for a | 28289 |
| term expiring December 31, 2004. Of the initial appointments of | 28290 |
| the eighth and ninth voting members made by the governor, one | 28291 |
| shall be for a term expiring December 31, 2007, and one shall be | 28292 |
| for a term expiring December 31, 2008. These voting members shall | 28293 |
|
be appointed within sixty days after | 28294 |
| 28295 | |
| for three years, commencing on the first day of January and ending | 28296 |
| on the thirty-first day of December. Each appointment by the | 28297 |
| president of the senate and by the speaker of the house of | 28298 |
| representatives shall be for the balance of the then legislative | 28299 |
| biennium. Each member shall hold office from the date of the | 28300 |
| member's appointment until the end of the term for which the | 28301 |
| member was appointed. Any member appointed to fill a vacancy | 28302 |
| occurring prior to the expiration of the term for which the | 28303 |
| member's predecessor was appointed shall hold office for the | 28304 |
| remainder of such term. Any member shall continue in office | 28305 |
| subsequent to the expiration date of the member's term until the | 28306 |
| member's successor takes office, or until a period of sixty days | 28307 |
| has elapsed, whichever occurs first. | 28308 |
| (D) Members of the commission shall serve without | 28309 |
| compensation. | 28310 |
| (E) Organizational meetings of the commission shall be held | 28311 |
| at the first meeting of each calendar year. At each organizational | 28312 |
| meeting, the commission shall elect from among its voting members | 28313 |
| a chairperson, a vice-chairperson, and a secretary-treasurer, who | 28314 |
| shall serve until the next annual meeting. The commission shall | 28315 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 28316 |
| conduct of its internal business and shall keep a journal of its | 28317 |
| proceedings. | 28318 |
| (F) Five voting members of the commission constitute a | 28319 |
| quorum, and the affirmative vote of five members is necessary for | 28320 |
| approval of any action taken by the commission. A vacancy in the | 28321 |
| membership of the commission does not impair a quorum from | 28322 |
| exercising all the rights and performing all the duties of the | 28323 |
| commission. Meetings of the commission may be held anywhere in the | 28324 |
| state, and shall be held in compliance with section 121.22 of the | 28325 |
| Revised Code. | 28326 |
| (G) All expenses incurred in carrying out this chapter are | 28327 |
| payable solely from money accrued under this chapter or | 28328 |
| appropriated for these purposes by the general assembly, and the | 28329 |
| commission shall incur no liability or obligation beyond such | 28330 |
| money. | 28331 |
| (H) The commission shall file an annual report of its | 28332 |
| activities and finances with the governor, director of budget and | 28333 |
| management, speaker of the house of representatives, president of | 28334 |
| the senate, and chairpersons of the house and senate finance | 28335 |
| committees. | 28336 |
| (I) There is hereby established in the state treasury the | 28337 |
| Ohio cultural facilities commission administration fund. All | 28338 |
| revenues of the commission shall be credited to that fund and to | 28339 |
| any accounts created in that fund with the commission's approval. | 28340 |
| All expenses of the commission, including reimbursement of, or | 28341 |
| payment to, any other fund or any governmental agency for advances | 28342 |
| made or services rendered to or on behalf of the commission, shall | 28343 |
| be paid from that fund as determined by or pursuant to directions | 28344 |
| of the commission. All investment earnings of that fund shall be | 28345 |
| credited to it and shall be allocated among any accounts created | 28346 |
| in the fund in the manner determined by the commission. | 28347 |
| (J) Title to all real property and lesser interests in real | 28348 |
| property acquired by the commission, including leasehold and other | 28349 |
| interests, pursuant to this chapter shall be taken in the name of | 28350 |
| the state and shall be held for the use and benefit of the | 28351 |
| commission. The commission shall not mortgage such real property | 28352 |
| and interests in real property. Title to other property and | 28353 |
| interests in it acquired by the commission pursuant to this | 28354 |
| chapter shall be taken in its name. | 28355 |
| Sec. 3383.07. (A) The | 28356 |
| Ohio facilities construction commission shall provide for the | 28357 |
| construction of a cultural project in conformity with Chapter 153. | 28358 |
| of the Revised Code, except as follows: | 28359 |
| (1) For a cultural project other than a state historical | 28360 |
| facility, construction services may be provided on behalf of the | 28361 |
| state by the Ohio cultural facilities commission, or by a | 28362 |
| governmental agency or a cultural organization that occupies, will | 28363 |
| occupy, or is responsible for the Ohio cultural facility, as | 28364 |
| determined by the Ohio cultural facilities commission. For a | 28365 |
| project receiving a state appropriation of fifty thousand dollars | 28366 |
| or less, the Ohio cultural facilities commission may delegate to | 28367 |
| its executive director the authority to approve the provision of | 28368 |
| construction services by such an agency or organization, but not | 28369 |
| the authority to disapprove that provision. Construction services | 28370 |
| to be provided by a governmental agency or a cultural organization | 28371 |
| shall be specified in an agreement between the Ohio cultural | 28372 |
| facilities commission and the governmental agency or cultural | 28373 |
| organization. The agreement, or any actions taken under it, are | 28374 |
| not subject to Chapter 123. or 153. of the Revised Code, except | 28375 |
| for sections 123.081 and 153.011 of the Revised Code, and shall be | 28376 |
| subject to Chapter 4115. of the Revised Code. | 28377 |
| (2) For a cultural project that is a state historical | 28378 |
| facility, construction services may be provided by the Ohio | 28379 |
| cultural facilities commission or by a cultural organization that | 28380 |
| occupies, will occupy, or is responsible for the facility, as | 28381 |
| determined by the Ohio cultural facilities commission. For a | 28382 |
| facility receiving a state appropriation of fifty thousand dollars | 28383 |
| or less, the Ohio cultural facilities commission may delegate to | 28384 |
| its executive director the authority to approve the provision of | 28385 |
| construction services by such an organization, but not the | 28386 |
| authority to disapprove that provision. The construction services | 28387 |
| to be provided by the cultural organization shall be specified in | 28388 |
| an agreement between the Ohio cultural facilities commission and | 28389 |
| the cultural organization. That agreement, and any actions taken | 28390 |
| under it, are not subject to Chapter 123., 153., or 4115. of the | 28391 |
| Revised Code. | 28392 |
| (B) For an Ohio sports facility that is financed in part by | 28393 |
| obligations issued pursuant to Chapter 154. of the Revised Code, | 28394 |
| construction services shall be provided on behalf of the state by | 28395 |
| or at the direction of the governmental agency or nonprofit | 28396 |
| corporation that will own or be responsible for the management of | 28397 |
| the facility, all as determined by the Ohio cultural facilities | 28398 |
| commission. For a facility receiving a state appropriation of | 28399 |
| fifty thousand dollars or less, the Ohio cultural facilities | 28400 |
| commission may delegate to its executive director the authority to | 28401 |
| approve the provision of construction services by or at the | 28402 |
| direction of the agency or corporation, but not the authority to | 28403 |
| disapprove that provision. Any construction services to be | 28404 |
| provided by a governmental agency or nonprofit corporation shall | 28405 |
| be specified in an agreement between the Ohio cultural facilities | 28406 |
| commission and the governmental agency or nonprofit corporation. | 28407 |
| That agreement, and any actions taken under it, are not subject to | 28408 |
| Chapter 123. or 153. of the Revised Code, except for sections | 28409 |
| 123.081 and 153.011 of the Revised Code, and shall be subject to | 28410 |
| Chapter 4115. of the Revised Code. | 28411 |
| (C) General building services for an Ohio cultural facility | 28412 |
| shall be provided by the Ohio cultural facilities commission or by | 28413 |
| a cultural organization that occupies, will occupy, or is | 28414 |
| responsible for the facility, as determined by the Ohio cultural | 28415 |
| facilities commission. For a facility receiving a state | 28416 |
| appropriation of fifty thousand dollars or less, the Ohio cultural | 28417 |
| facilities commission may delegate to its executive director the | 28418 |
| authority to approve the provision of general building services by | 28419 |
| such an organization, but not the authority to disapprove that | 28420 |
| provision. Alternatively, the Ohio building authority may elect to | 28421 |
| provide those services for Ohio cultural facilities financed with | 28422 |
| proceeds of state bonds issued by the authority. The costs of | 28423 |
| management and general building services shall be paid by the | 28424 |
| cultural organization that occupies, will occupy, or is | 28425 |
| responsible for the facility as provided in an agreement between | 28426 |
| the Ohio cultural facilities commission and the cultural | 28427 |
| organization, except that the state may pay for general building | 28428 |
| services for state-owned cultural facilities constructed on | 28429 |
| state-owned land. | 28430 |
| General building services for an Ohio sports facility shall | 28431 |
| be provided by or at the direction of the governmental agency or | 28432 |
| nonprofit corporation that will be responsible for the management | 28433 |
| of the facility, all as determined by the Ohio cultural facilities | 28434 |
| commission. For a facility receiving a state appropriation of | 28435 |
| fifty thousand dollars or less, the Ohio cultural facilities | 28436 |
| commission may delegate to its executive director the authority to | 28437 |
| approve the provision of general building services by or at the | 28438 |
| direction of the agency or corporation, but not the authority to | 28439 |
| disapprove that provision. Any general building services to be | 28440 |
| provided by a governmental agency or nonprofit corporation for an | 28441 |
| Ohio sports facility shall be specified in an agreement between | 28442 |
| the Ohio cultural facilities commission and the governmental | 28443 |
| agency or nonprofit corporation. That agreement, and any actions | 28444 |
| taken under it, are not subject to Chapter 123. or 153. of the | 28445 |
| Revised Code, except for sections 123.081 and 153.011 of the | 28446 |
| Revised Code, and shall be subject to Chapter 4115. of the Revised | 28447 |
| Code. | 28448 |
| (D) This division does not apply to a state historical | 28449 |
| facility. No state funds, including any state bond proceeds, shall | 28450 |
| be spent on the construction of any cultural project under this | 28451 |
| chapter unless, with respect to the cultural project and to the | 28452 |
| Ohio cultural facility related to the project, all of the | 28453 |
| following apply: | 28454 |
| (1) The Ohio cultural facilities commission has determined | 28455 |
| that there is a need for the cultural project and the Ohio | 28456 |
| cultural facility related to the project in the region of the | 28457 |
| state in which the Ohio cultural facility is located or for which | 28458 |
| the facility is proposed. For a project receiving a state | 28459 |
| appropriation of fifty thousand dollars or less, the Ohio cultural | 28460 |
| facilities commission may delegate to its executive director the | 28461 |
| authority to determine need but only in the affirmative. | 28462 |
| (2) The Ohio cultural facilities commission has determined | 28463 |
| that, as an indication of substantial regional support for the | 28464 |
| cultural project, the cultural organization has made provision | 28465 |
| satisfactory to the Ohio cultural facilities commission, in its | 28466 |
| sole discretion, for local contributions amounting to not less | 28467 |
| than fifty per cent of the total state funding for the cultural | 28468 |
| project. For a project receiving a state appropriation of fifty | 28469 |
| thousand dollars or less, the Ohio cultural facilities commission | 28470 |
| may delegate to its executive director the authority to determine | 28471 |
| the adequacy of the regional support but only in the affirmative. | 28472 |
| (3) The general assembly has specifically authorized the | 28473 |
| spending of money on, or made an appropriation for, the | 28474 |
| construction of the cultural project, or for rental payments | 28475 |
| relating to the financing of the construction of the cultural | 28476 |
| project. Authorization to spend money, or an appropriation, for | 28477 |
| planning the cultural project does not constitute authorization to | 28478 |
| spend money on, or an appropriation for, construction of the | 28479 |
| cultural project. | 28480 |
| (E) No state funds, including any state bond proceeds, shall | 28481 |
| be spent on the construction of any state historical facility | 28482 |
| under this chapter unless the general assembly has specifically | 28483 |
| authorized the spending of money on, or made an appropriation for, | 28484 |
| the construction of the state historical project related to the | 28485 |
| facility, or for rental payments relating to the financing of the | 28486 |
| construction of the state historical project. Authorization to | 28487 |
| spend money, or an appropriation, for planning the state | 28488 |
| historical project does not constitute authorization to spend | 28489 |
| money on, or an appropriation for, the construction of the state | 28490 |
| historical project. | 28491 |
| (F) State funds shall not be used to pay or reimburse more | 28492 |
| than fifteen per cent of the initial estimated construction cost | 28493 |
| of an Ohio sports facility, excluding any site acquisition cost, | 28494 |
| and no state funds, including any state bond proceeds, shall be | 28495 |
| spent on any Ohio sports facility under this chapter unless, with | 28496 |
| respect to that facility, all of the following apply: | 28497 |
| (1) The Ohio cultural facilities commission has determined | 28498 |
| that there is a need for the facility in the region of the state | 28499 |
| for which the facility is proposed to provide the function of an | 28500 |
| Ohio sports facility as provided for in this chapter. For a | 28501 |
| facility receiving a state appropriation of fifty thousand dollars | 28502 |
| or less, the Ohio cultural facilities commission may delegate to | 28503 |
| its executive director the authority to determine need but only in | 28504 |
| the affirmative. | 28505 |
| (2) As an indication of substantial local support for the | 28506 |
| facility, the Ohio cultural facilities commission has received a | 28507 |
| financial and development plan satisfactory to it, and provision | 28508 |
| has been made, by agreement or otherwise, satisfactory to the Ohio | 28509 |
| cultural facilities commission, for a contribution amounting to | 28510 |
| not less than eighty-five per cent of the total estimated | 28511 |
| construction cost of the facility, excluding any site acquisition | 28512 |
| cost, from sources other than the state. For a facility receiving | 28513 |
| a state appropriation of fifty thousand dollars or less, the Ohio | 28514 |
| cultural facilities commission may delegate to its executive | 28515 |
| director the authority to evaluate the financial and development | 28516 |
| plan and the contribution and to determine their adequacy but only | 28517 |
| in the affirmative. | 28518 |
| (3) The general assembly has specifically authorized the | 28519 |
| spending of money on, or made an appropriation for, the | 28520 |
| construction of the facility, or for rental payments relating to | 28521 |
| state financing of all or a portion of the costs of constructing | 28522 |
| the facility. Authorization to spend money, or an appropriation, | 28523 |
| for planning or determining the feasibility of or need for the | 28524 |
| facility does not constitute authorization to spend money on, or | 28525 |
| an appropriation for, costs of constructing the facility. | 28526 |
| (4) If state bond proceeds are being used for the Ohio sports | 28527 |
| facility, the state or a governmental agency owns or has | 28528 |
| sufficient property interests in the facility or in the site of | 28529 |
| the facility or in the portion or portions of the facility | 28530 |
| financed from proceeds of state bonds, which may include, but is | 28531 |
| not limited to, the right to use or to require the use of the | 28532 |
| facility for the presentation of sport and athletic events to the | 28533 |
| public at the facility. | 28534 |
| (G) In addition to the requirements of division (F) of this | 28535 |
| section, no state funds, including any state bond proceeds, shall | 28536 |
| be spent on any Ohio sports facility that is a motorsports | 28537 |
| complex, unless, with respect to that facility, both of the | 28538 |
| following apply: | 28539 |
| (1) Motorsports events shall be presented at the facility | 28540 |
| pursuant to a lease entered into with the owner of the facility. | 28541 |
| The term of the lease shall be for a period of not less than the | 28542 |
| greater of the useful life of the portion of the facility financed | 28543 |
| from proceeds of state bonds as determined using the guidelines | 28544 |
| for maximum maturities as provided under divisions (B) and (C) of | 28545 |
| section 133.20 of the Revised Code, or the period of time | 28546 |
| remaining to the date of payment or provision for payment of | 28547 |
| outstanding state bonds allocable to costs of the facility, all as | 28548 |
| determined by the director of budget and management and certified | 28549 |
| by the director to the Ohio cultural facilities commission and to | 28550 |
| the treasurer of state. | 28551 |
| (2) Any motorsports organization that commits to using the | 28552 |
| facility for an established period of time shall give the | 28553 |
| political subdivision in which the facility is located not less | 28554 |
| than six months' advance notice if the organization intends to | 28555 |
| cease utilizing the facility prior to the expiration of that | 28556 |
| established period. Such a motorsports organization shall be | 28557 |
| liable to the state for any state funds used on the construction | 28558 |
| costs of the facility. | 28559 |
| (H) In addition to the requirements of division (F) of this | 28560 |
| section, no state bond proceeds shall be spent on any Ohio sports | 28561 |
| facility that is a tennis facility, unless the owner or manager of | 28562 |
| the facility provides contractual commitments from a national or | 28563 |
| international professional tennis organization in a form | 28564 |
| acceptable to the cultural facilities commission that assures that | 28565 |
| one or more sanctioned professional tennis events will be | 28566 |
| presented at the facility during each year that the bonds remain | 28567 |
| outstanding. | 28568 |
| Sec. 3701.021. (A) The | 28569 |
| shall adopt, in accordance with Chapter 119. of the Revised Code, | 28570 |
| such rules as are necessary to carry out sections 3701.021 to | 28571 |
| 3701.0210 of the Revised Code, including, but not limited to, | 28572 |
| rules to establish the following: | 28573 |
| (1) Medical and financial eligibility requirements for the | 28574 |
| program for medically handicapped children; | 28575 |
| (2) Eligibility requirements for providers of services for | 28576 |
| medically handicapped children; | 28577 |
| (3) Procedures to be followed by the department of health in | 28578 |
| disqualifying providers for violating requirements adopted under | 28579 |
| division (A)(2) of this section; | 28580 |
| (4) Procedures to be used by the department regarding | 28581 |
| application for diagnostic services under division (B) of section | 28582 |
| 3701.023 of the Revised Code and payment for those services under | 28583 |
| division (E) of that section; | 28584 |
| (5) Standards for the provision of service coordination by | 28585 |
| the department of health and city and general health districts; | 28586 |
| (6) Procedures for the department to use to determine the | 28587 |
| amount to be paid annually by each county for services for | 28588 |
| medically handicapped children and to allow counties to retain | 28589 |
| funds under divisions (A)(2) and (3) of section 3701.024 of the | 28590 |
| Revised Code; | 28591 |
| (7) Financial eligibility requirements for services for Ohio | 28592 |
| residents twenty-one years of age or older who have cystic | 28593 |
| fibrosis; | 28594 |
| (8) Criteria for payment of approved providers who provide | 28595 |
| services for medically handicapped children; | 28596 |
| (9) Criteria for the department to use in determining whether | 28597 |
| the payment of health insurance premiums of participants in the | 28598 |
| program for medically handicapped children is cost-effective; | 28599 |
| (10) Procedures for appeal of denials of applications under | 28600 |
| divisions (A) and (D) of section 3701.023 of the Revised Code, | 28601 |
| disqualification of providers, and amounts paid for services; | 28602 |
| (11) Terms of appointment for members of the medically | 28603 |
| handicapped children's medical advisory council created in section | 28604 |
| 3701.025 of the Revised Code; | 28605 |
| (12) Eligibility requirements for the hemophilia program, | 28606 |
| including income and hardship requirements; | 28607 |
| (13) If a manufacturer discount program is established under | 28608 |
| division (J)(1) of section 3701.023 of the Revised Code, | 28609 |
| procedures for administering the program, including criteria and | 28610 |
| other requirements for participation in the program by | 28611 |
| manufacturers of drugs and nutritional formulas. | 28612 |
| (B) The department of health shall develop a manual of | 28613 |
| operational procedures and guidelines for the program for | 28614 |
| medically handicapped children to implement sections 3701.021 to | 28615 |
| 3701.0210 of the Revised Code. | 28616 |
| Sec. 3701.023. (A) The department of health shall review | 28617 |
| applications for eligibility for the program for medically | 28618 |
| handicapped children that are submitted to the department by city | 28619 |
| and general health districts and physician providers approved in | 28620 |
| accordance with division (C) of this section. The department shall | 28621 |
| determine whether the applicants meet the medical and financial | 28622 |
|
eligibility requirements established by the | 28623 |
|
health | 28624 |
| the Revised Code, and by the department in the manual of | 28625 |
| operational procedures and guidelines for the program for | 28626 |
| medically handicapped children developed pursuant to division (B) | 28627 |
| of that section. Referrals of potentially eligible children for | 28628 |
| the program may be submitted to the department on behalf of the | 28629 |
| child by parents, guardians, public health nurses, or any other | 28630 |
| interested person. The department of health may designate other | 28631 |
| agencies to refer applicants to the department of health. | 28632 |
| (B) In accordance with the procedures established in rules | 28633 |
| adopted under division (A)(4) of section 3701.021 of the Revised | 28634 |
| Code, the department of health shall authorize a provider or | 28635 |
| providers to provide to any Ohio resident under twenty-one years | 28636 |
| of age, without charge to the resident or the resident's family | 28637 |
| and without restriction as to the economic status of the resident | 28638 |
| or the resident's family, diagnostic services necessary to | 28639 |
| determine whether the resident has a medically handicapping or | 28640 |
| potentially medically handicapping condition. | 28641 |
| (C) The department of health shall review the applications of | 28642 |
| health professionals, hospitals, medical equipment suppliers, and | 28643 |
| other individuals, groups, or agencies that apply to become | 28644 |
| providers. The department shall enter into a written agreement | 28645 |
| with each applicant who is determined, pursuant to the | 28646 |
| requirements set forth in rules adopted under division (A)(2) of | 28647 |
| section 3701.021 of the Revised Code, to be eligible to be a | 28648 |
| provider in accordance with the provider agreement required by the | 28649 |
| medical assistance program established under section 5111.01 of | 28650 |
| the Revised Code. No provider shall charge a medically handicapped | 28651 |
| child or the child's parent or guardian for services authorized by | 28652 |
| the department under division (B) or (D) of this section. | 28653 |
| The department, in accordance with rules adopted under | 28654 |
| division (A)(3) of section 3701.021 of the Revised Code, may | 28655 |
| disqualify any provider from further participation in the program | 28656 |
| for violating any requirement set forth in rules adopted under | 28657 |
| division (A)(2) of that section. The disqualification shall not | 28658 |
| take effect until a written notice, specifying the requirement | 28659 |
| violated and describing the nature of the violation, has been | 28660 |
| delivered to the provider and the department has afforded the | 28661 |
| provider an opportunity to appeal the disqualification under | 28662 |
| division (H) of this section. | 28663 |
| (D) The department of health shall evaluate applications from | 28664 |
| city and general health districts and approved physician providers | 28665 |
| for authorization to provide treatment services, service | 28666 |
| coordination, and related goods to children determined to be | 28667 |
| eligible for the program for medically handicapped children | 28668 |
| pursuant to division (A) of this section. The department shall | 28669 |
| authorize necessary treatment services, service coordination, and | 28670 |
| related goods for each eligible child in accordance with an | 28671 |
| individual plan of treatment for the child. As an alternative, the | 28672 |
| department may authorize payment of health insurance premiums on | 28673 |
| behalf of eligible children when the department determines, in | 28674 |
| accordance with criteria set forth in rules adopted under division | 28675 |
| (A)(9) of section 3701.021 of the Revised Code, that payment of | 28676 |
| the premiums is cost-effective. | 28677 |
| (E) The department of health shall pay, from appropriations | 28678 |
| to the department, any necessary expenses, including but not | 28679 |
| limited to, expenses for diagnosis, treatment, service | 28680 |
| coordination, supportive services, transportation, and accessories | 28681 |
| and their upkeep, provided to medically handicapped children, | 28682 |
| provided that the provision of the goods or services is authorized | 28683 |
| by the department under division (B) or (D) of this section. Money | 28684 |
| appropriated to the department of health may also be expended for | 28685 |
| reasonable administrative costs incurred by the program. The | 28686 |
| department of health also may purchase liability insurance | 28687 |
| covering the provision of services under the program for medically | 28688 |
| handicapped children by physicians and other health care | 28689 |
| professionals. | 28690 |
| Payments made to providers by the department of health | 28691 |
| pursuant to this division for inpatient hospital care, outpatient | 28692 |
| care, and all other medical assistance furnished to eligible | 28693 |
| recipients shall be made in accordance with rules adopted by the | 28694 |
| 28695 | |
| section 3701.021 of the Revised Code. | 28696 |
| The departments of health and job and family services shall | 28697 |
| jointly implement procedures to ensure that duplicate payments are | 28698 |
| not made under the program for medically handicapped children and | 28699 |
| the medical assistance program established under section 5111.01 | 28700 |
| of the Revised Code and to identify and recover duplicate | 28701 |
| payments. | 28702 |
| (F) At the time of applying for participation in the program | 28703 |
| for medically handicapped children, a medically handicapped child | 28704 |
| or the child's parent or guardian shall disclose the identity of | 28705 |
| any third party against whom the child or the child's parent or | 28706 |
| guardian has or may have a right of recovery for goods and | 28707 |
| services provided under division (B) or (D) of this section. The | 28708 |
| department of health shall require a medically handicapped child | 28709 |
| who receives services from the program or the child's parent or | 28710 |
| guardian to apply for all third-party benefits for which the child | 28711 |
| may be eligible and require the child, parent, or guardian to | 28712 |
| apply all third-party benefits received to the amount determined | 28713 |
| under division (E) of this section as the amount payable for goods | 28714 |
| and services authorized under division (B) or (D) of this section. | 28715 |
| The department is the payer of last resort and shall pay for | 28716 |
| authorized goods or services, up to the amount determined under | 28717 |
| division (E) of this section for the authorized goods or services, | 28718 |
| only to the extent that payment for the authorized goods or | 28719 |
| services is not made through third-party benefits. When a third | 28720 |
| party fails to act on an application or claim for benefits by a | 28721 |
| medically handicapped child or the child's parent or guardian, the | 28722 |
| department shall pay for the goods or services only after ninety | 28723 |
| days have elapsed since the date the child, parents, or guardians | 28724 |
| made an application or claim for all third-party benefits. | 28725 |
| Third-party benefits received shall be applied to the amount | 28726 |
| determined under division (E) of this section. Third-party | 28727 |
| payments for goods and services not authorized under division (B) | 28728 |
| or (D) of this section shall not be applied to payment amounts | 28729 |
| determined under division (E) of this section. Payment made by the | 28730 |
| department shall be considered payment in full of the amount | 28731 |
| determined under division (E) of this section. Medicaid payments | 28732 |
| for persons eligible for the medical assistance program | 28733 |
| established under section 5111.01 of the Revised Code shall be | 28734 |
| considered payment in full of the amount determined under division | 28735 |
| (E) of this section. | 28736 |
| (G) The department of health shall administer a program to | 28737 |
| provide services to Ohio residents who are twenty-one or more | 28738 |
| years of age who have cystic fibrosis and who meet the eligibility | 28739 |
|
requirements established | 28740 |
| director of health | 28741 |
| 3701.021 of the Revised Code, subject to all provisions of this | 28742 |
| section, but not subject to section 3701.024 of the Revised Code. | 28743 |
| (H) The department of health shall provide for appeals, in | 28744 |
| accordance with rules adopted under section 3701.021 of the | 28745 |
| Revised Code, of denials of applications for the program for | 28746 |
| medically handicapped children under division (A) or (D) of this | 28747 |
| section, disqualification of providers, or amounts paid under | 28748 |
| division (E) of this section. Appeals under this division are not | 28749 |
| subject to Chapter 119. of the Revised Code. | 28750 |
| The department may designate ombudspersons to assist | 28751 |
| medically handicapped children or their parents or guardians, upon | 28752 |
| the request of the children, parents, or guardians, in filing | 28753 |
| appeals under this division and to serve as children's, parents', | 28754 |
| or guardians' advocates in matters pertaining to the | 28755 |
| administration of the program for medically handicapped children | 28756 |
| and eligibility for program services. The ombudspersons shall | 28757 |
| receive no compensation but shall be reimbursed by the department, | 28758 |
| in accordance with rules of the office of budget and management, | 28759 |
| for their actual and necessary travel expenses incurred in the | 28760 |
| performance of their duties. | 28761 |
| (I) The department of health, and city and general health | 28762 |
| districts providing service coordination pursuant to division | 28763 |
| (A)(2) of section 3701.024 of the Revised Code, shall provide | 28764 |
| service coordination in accordance with the standards set forth in | 28765 |
| the rules adopted under section 3701.021 of the Revised Code, | 28766 |
| without charge, and without restriction as to economic status. | 28767 |
| (J)(1) The department of health may establish a manufacturer | 28768 |
| discount program under which a manufacturer of a drug or | 28769 |
| nutritional formula is permitted to enter into an agreement with | 28770 |
| the department to provide a discount on the price of the drug or | 28771 |
| nutritional formula distributed to medically handicapped children | 28772 |
| participating in the program for medically handicapped children. | 28773 |
| The program shall be administered in accordance with rules adopted | 28774 |
| under section 3701.021 of the Revised Code. | 28775 |
| (2) If a manufacturer enters into an agreement with the | 28776 |
| department as described in division (J)(1) of this section, the | 28777 |
| manufacturer and the department may negotiate the amount and terms | 28778 |
| of the discount. | 28779 |
| (3) In lieu of establishing a discount program as described | 28780 |
| in division (J)(1) of this section, the department and a | 28781 |
| manufacturer of a drug or nutritional formula may discuss a | 28782 |
| donation of drugs, nutritional formulas, or money by the | 28783 |
| manufacturer to the department. | 28784 |
| Sec. 3701.024. (A)(1) Under a procedure established in rules | 28785 |
| adopted under section 3701.021 of the Revised Code, the department | 28786 |
| of health shall determine the amount each county shall provide | 28787 |
| annually for the program for medically handicapped children, based | 28788 |
| on a proportion of the county's total general property tax | 28789 |
| duplicate, not to exceed one-tenth of a mill, and charge the | 28790 |
| county for any part of expenses incurred under the program for | 28791 |
| treatment services on behalf of medically handicapped children | 28792 |
| having legal settlement in the county that is not paid from | 28793 |
| federal funds or through the medical assistance program | 28794 |
| established under section 5111.01 of the Revised Code. The | 28795 |
| department shall not charge the county for expenses exceeding the | 28796 |
| difference between the amount determined under division (A)(1) of | 28797 |
| this section and any amounts retained under divisions (A)(2) and | 28798 |
| (3) of this section. | 28799 |
| All amounts collected by the department under division (A)(1) | 28800 |
| of this section shall be deposited into the state treasury to the | 28801 |
| credit of the medically handicapped children-county assessment | 28802 |
| fund, which is hereby created. The fund shall be used by the | 28803 |
| department to comply with sections 3701.021 to 3701.028 of the | 28804 |
| Revised Code. | 28805 |
| (2) The department, in accordance with rules adopted under | 28806 |
| section 3701.021 of the Revised Code, may allow each county to | 28807 |
| retain up to ten per cent of the amount determined under division | 28808 |
| (A)(1) of this section to provide funds to city or general health | 28809 |
| districts of the county with which the districts shall provide | 28810 |
| service coordination, public health nursing, or transportation | 28811 |
| services for medically handicapped children. | 28812 |
| (3) In addition to any amount retained under division (A)(2) | 28813 |
| of this section, the department, in accordance with rules adopted | 28814 |
| under section 3701.021 of the Revised Code, may allow counties | 28815 |
| that it determines have significant numbers of potentially | 28816 |
| eligible medically handicapped children to retain an amount equal | 28817 |
| to the difference between: | 28818 |
| (a) Twenty-five per cent of the amount determined under | 28819 |
| division (A)(1) of this section; | 28820 |
| (b) Any amount retained under division (A)(2) of this | 28821 |
| section. | 28822 |
| Counties shall use amounts retained under division (A)(3) of | 28823 |
| this section to provide funds to city or general health districts | 28824 |
| of the county with which the districts shall conduct outreach | 28825 |
| activities to increase participation in the program for medically | 28826 |
| handicapped children. | 28827 |
| (4) Prior to any increase in the millage charged to a county, | 28828 |
|
the | 28829 |
| on the proposed increase and shall give notice of the hearing to | 28830 |
| each board of county commissioners that would be affected by the | 28831 |
| increase at least thirty days prior to the date set for the | 28832 |
| hearing. Any county commissioner may appear and give testimony at | 28833 |
| the hearing. Any increase in the millage any county is required to | 28834 |
| provide for the program for medically handicapped children shall | 28835 |
| be determined, and notice of the amount of the increase shall be | 28836 |
| provided to each affected board of county commissioners, no later | 28837 |
| than the first day of June of the fiscal year next preceding the | 28838 |
| fiscal year in which the increase will take effect. | 28839 |
| (B) Each board of county commissioners shall establish a | 28840 |
| medically handicapped children's fund and shall appropriate | 28841 |
| thereto an amount, determined in accordance with division (A)(1) | 28842 |
| of this section, for the county's share in providing medical, | 28843 |
| surgical, and other aid to medically handicapped children residing | 28844 |
| in such county and for the purposes specified in divisions (A)(2) | 28845 |
| and (3) of this section. Each county shall use money retained | 28846 |
| under divisions (A)(2) and (3) of this section only for the | 28847 |
| purposes specified in those divisions. | 28848 |
| Sec. 3701.025. There is hereby created the medically | 28849 |
| handicapped children's medical advisory council consisting of | 28850 |
| twenty-one members to be appointed by the director of health for | 28851 |
|
terms set in accordance with rules adopted by the | 28852 |
| 28853 | |
| Revised Code. The medically handicapped children's medical | 28854 |
| advisory council shall advise the director regarding the | 28855 |
| administration of the program for medically handicapped children, | 28856 |
| the suitable quality of medical practice for providers, and the | 28857 |
| requirements for medical eligibility for the program. | 28858 |
| All members of the council shall be licensed physicians, | 28859 |
| surgeons, dentists, and other professionals in the field of | 28860 |
| medicine, representative of the various disciplines involved in | 28861 |
| the treatment of children with medically handicapping conditions, | 28862 |
| and representative of the treatment facilities involved, such as | 28863 |
| hospitals, private and public health clinics, and private | 28864 |
| physicians' offices, and shall be eligible for the program. | 28865 |
| Members of the council shall receive no compensation, but | 28866 |
| shall receive their actual and necessary travel expenses incurred | 28867 |
| in the performance of their official duties in accordance with the | 28868 |
| rules of the office of budget and management. | 28869 |
| Sec. 3701.03. (A) The director of health shall perform | 28870 |
| duties that are incident to the director's position as chief | 28871 |
| executive officer of the department of health. The director shall | 28872 |
| administer the laws relating to health and sanitation and the | 28873 |
| rules of the department of health. The director may designate | 28874 |
| employees of the department and, during a public health emergency, | 28875 |
| other persons to administer the laws and rules on the director's | 28876 |
| behalf. | 28877 |
| (B) Nothing in this section authorizes any action that | 28878 |
| prevents the fulfillment of duties or impairs the exercise of | 28879 |
| authority established by law for any other person or entity. | 28880 |
| | 28881 |
| 28882 | |
| 28883 | |
| 28884 |
| Sec. 3701.05. The director of health shall keep | 28885 |
| 28886 | |
| informed in a printed annual report in regard to the work of the | 28887 |
| department of health and on the progress that is being made in | 28888 |
| studying the cause and prevention of disease and such kindred | 28889 |
| subjects as may contribute to the welfare of the people of the | 28890 |
| state. | 28891 |
| Sec. 3701.07. (A) The | 28892 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 28893 |
| Code defining and classifying hospitals and dispensaries and | 28894 |
| providing for the reporting of information by hospitals and | 28895 |
| dispensaries. Except as otherwise provided in the Revised Code, | 28896 |
| the rules providing for the reporting of information shall not | 28897 |
| require inclusion of any confidential patient data or any | 28898 |
| information concerning the financial condition, income, expenses, | 28899 |
| or net worth of the facilities other than that financial | 28900 |
| information already contained in those portions of the medicare or | 28901 |
| medicaid cost report that is necessary for the department of | 28902 |
| health to certify the per diem cost under section 3701.62 of the | 28903 |
| Revised Code. The rules may require the reporting of information | 28904 |
| in the following categories: | 28905 |
| (1) Information needed to identify and classify the | 28906 |
| institution; | 28907 |
| (2) Information on facilities and type and volume of services | 28908 |
| provided by the institution; | 28909 |
| (3) The number of beds listed by category of care provided; | 28910 |
| (4) The number of licensed or certified professional | 28911 |
| employees by classification; | 28912 |
| (5) The number of births that occurred at the institution the | 28913 |
| previous calendar year; | 28914 |
| (6) Any other information that the | 28915 |
| relevant to the safety of patients served by the institution. | 28916 |
| Every hospital and dispensary, public or private, annually | 28917 |
| shall register with and report to the department of health. | 28918 |
| Reports shall be submitted in the manner prescribed in rules | 28919 |
| adopted under this division. | 28920 |
| (B) Every governmental entity or private nonprofit | 28921 |
| corporation or association whose employees or representatives are | 28922 |
| defined as residents' rights advocates under divisions (E)(1) and | 28923 |
| (2) of section 3721.10 of the Revised Code shall register with the | 28924 |
| department of health on forms furnished by the director of health | 28925 |
| and shall provide such reasonable identifying information as the | 28926 |
| director may prescribe. | 28927 |
| The department shall compile a list of the governmental | 28928 |
| entities, corporations, or associations registering under this | 28929 |
| division and shall update the list annually. Copies of the list | 28930 |
| shall be made available to nursing home administrators as defined | 28931 |
|
in division (C) of section 3721.10 of the Revised Code | 28932 |
| 28933 | |
| 28934 |
| Sec. 3701.072. (A) As used in this chapter: | 28935 |
| (1) "Bioterrorism" has the same meaning as in section | 28936 |
| 3701.232 of the Revised Code. | 28937 |
| (2) "Surveillance" in the public health service means the | 28938 |
| systematic collection, analysis, interpretation, and dissemination | 28939 |
| of health data on an ongoing basis, to gain knowledge of the | 28940 |
| pattern of disease occurrence and potential in a community in | 28941 |
| order to control and prevent disease in the community. | 28942 |
| (3) "Trauma center" has the same meaning as in section | 28943 |
| 4765.01 of the Revised Code. | 28944 |
| (B) The | 28945 |
| in accordance with Chapter 119. of the Revised Code that require a | 28946 |
| trauma center to report information to the director of health | 28947 |
| describing the trauma center's preparedness and capacity to | 28948 |
| respond to disasters, mass casualties, and bioterrorism. The | 28949 |
| 28950 | |
|
information the | 28951 |
| accurate description of a trauma center's preparedness and | 28952 |
| capacity to respond to disasters, mass casualties, and | 28953 |
| bioterrorism. Information reported pursuant to this division is | 28954 |
| not a public record under section 149.43 of the Revised Code. | 28955 |
| (C) Upon request, the department of health shall provide a | 28956 |
|
summary report of the | 28957 |
| pursuant to this section. | 28958 |
| (D) The director shall review all information received | 28959 |
| pursuant to this section. After reviewing the information, the | 28960 |
| director may conduct an evaluation of a trauma center's | 28961 |
| preparedness and capacity to respond to disasters, mass | 28962 |
| casualties, and bioterrorism. An evaluation conducted pursuant to | 28963 |
| this division is not a public record under section 149.43 of the | 28964 |
| Revised Code. | 28965 |
| Sec. 3701.11. The director of health | 28966 |
| 28967 | |
| all parts of the state so far as the exercise of such power is | 28968 |
|
incidental to the performance of the duties of the director | 28969 |
| 28970 |
| Sec. 3701.132. The department of health is hereby designated | 28971 |
| as the state agency to administer the "special supplemental | 28972 |
| nutrition program for women, infants, and children" established | 28973 |
| under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. | 28974 |
|
1786, as amended. The | 28975 |
| rules pursuant to Chapter 119. of the Revised Code as necessary | 28976 |
| for administering the program. The rules may include civil money | 28977 |
| penalties for violations of the rules. | 28978 |
| In determining eligibility for services provided under the | 28979 |
| program, the department may use the application form established | 28980 |
| under section 5111.013 of the Revised Code for the healthy start | 28981 |
| program. The department may require applicants to furnish their | 28982 |
| social security numbers. | 28983 |
| If the department determines that a vendor has committed an | 28984 |
| act with respect to the program that federal statutes or | 28985 |
| regulations or state statutes or rules prohibit, the department | 28986 |
| shall take action against the vendor in the manner required by 7 | 28987 |
| C.F.R. part 246, including imposition of a civil money penalty in | 28988 |
| accordance with 7 C.F.R. 246.12, or rules adopted under this | 28989 |
| section. | 28990 |
| Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 28991 |
| the director of health has all of the following duties and powers: | 28992 |
| (1) The director shall maintain registries of hospitals, | 28993 |
| clinics, physicians, or other care providers to whom the director | 28994 |
| shall refer persons who make inquiries to the department of health | 28995 |
| regarding possible exposure to tuberculosis. | 28996 |
| (2) The director shall engage in tuberculosis surveillance | 28997 |
| activities, including the collection and analysis of | 28998 |
| epidemiological information relative to the frequency of | 28999 |
| tuberculosis infection, demographic and geographic distribution of | 29000 |
| tuberculosis cases, and trends pertaining to tuberculosis. | 29001 |
| (3) The director shall maintain a tuberculosis registry to | 29002 |
| record the incidence of tuberculosis in this state. | 29003 |
| (4) The director may appoint physicians to serve as | 29004 |
| tuberculosis consultants for geographic regions of the state | 29005 |
| specified by the director. Each tuberculosis consultant shall act | 29006 |
| in accordance with rules the director establishes and shall be | 29007 |
| responsible for advising and assisting physicians and other health | 29008 |
| care practitioners who participate in tuberculosis control | 29009 |
| activities and for reviewing medical records pertaining to the | 29010 |
| treatment provided to individuals with tuberculosis. | 29011 |
| (B)(1) The | 29012 |
| establishing standards for the following: | 29013 |
| (a) Performing tuberculosis screenings; | 29014 |
| (b) Performing examinations of individuals who have been | 29015 |
| exposed to tuberculosis and individuals who are suspected of | 29016 |
| having tuberculosis; | 29017 |
| (c) Providing treatment to individuals with tuberculosis; | 29018 |
| (d) Preventing individuals with communicable tuberculosis | 29019 |
| from infecting other individuals; | 29020 |
| (e) Performing laboratory tests for tuberculosis and studies | 29021 |
| of the resistance of tuberculosis to one or more drugs; | 29022 |
| (f) Selecting laboratories that provide in a timely fashion | 29023 |
| the results of a laboratory test for tuberculosis. The standards | 29024 |
| shall include a requirement that first consideration be given to | 29025 |
| laboratories located in this state. | 29026 |
| (2) Rules adopted pursuant to this section shall be adopted | 29027 |
| in accordance with Chapter 119. of the Revised Code and may be | 29028 |
| consistent with any recommendations or guidelines on tuberculosis | 29029 |
| issued by the United States centers for disease control and | 29030 |
| prevention or by the American thoracic society. The rules shall | 29031 |
| apply to county or district tuberculosis control units, physicians | 29032 |
| who examine and treat individuals for tuberculosis, and | 29033 |
| laboratories that perform tests for tuberculosis. | 29034 |
| Sec. 3701.161. The director of health shall make necessary | 29035 |
| arrangements for the production and distribution of diphtheria | 29036 |
| antitoxin. Such antitoxin shall in all respects be equal in purity | 29037 |
| and potency to the standard of requirements of the United States | 29038 |
| public health service for antitoxin for interstate commerce. | 29039 |
| Diphtheria antitoxin shall be distributed in accordance with rules | 29040 |
|
the | 29041 |
| of the Revised Code. | 29042 |
| Sec. 3701.20. (A) In accordance with rules adopted | 29043 |
| 29044 | |
| director of health shall establish, promote, and maintain the Ohio | 29045 |
| poison control network; designate regions within the network; and | 29046 |
| designate poison prevention and treatment centers within each | 29047 |
| region. The purposes of the network are to: | 29048 |
| (1) Reduce the mortality resulting from and the expenditures | 29049 |
| incurred because of accidental, homicidal, suicidal, occupational, | 29050 |
| or environmental poisoning; | 29051 |
| (2) Educate the public and health care professionals | 29052 |
| concerning the prevention and treatment of exposure to poison; | 29053 |
| (3) Organize poison prevention and treatment activities on a | 29054 |
| regional basis to avoid duplication and waste. | 29055 |
| (B) To be eligible for designation as a poison prevention and | 29056 |
| treatment center and to retain the designation, a center must | 29057 |
|
maintain compliance with the standards established by the | 29058 |
| 29059 | |
| A poison prevention and treatment center may be operated by an | 29060 |
| individual, hospital, institution of higher education, political | 29061 |
| subdivision, association, corporation, or public or private | 29062 |
| agency. | 29063 |
| (C) In accordance with Chapter 119. of the Revised Code, the | 29064 |
| 29065 | |
| following: | 29066 |
| (1) Establish guidelines, based on population density and | 29067 |
|
other relevant factors, and procedures to be followed | 29068 |
| 29069 | |
| and centers; | 29070 |
| (2) Establish standards for the operation of poison | 29071 |
| prevention and treatment centers; | 29072 |
| (3) Establish standards and procedures to be followed | 29073 |
| 29074 | |
| treatment centers; | 29075 |
| (4) Establish procedures, other than those prescribed by | 29076 |
| Chapter 119. of the Revised Code, for reconsideration, at the | 29077 |
| request of the entity affected, of the denial or revocation of a | 29078 |
| designation as a poison prevention and treatment center. | 29079 |
| (D) In accordance with rules adopted | 29080 |
| 29081 | |
| shall make grants to poison prevention and treatment centers. A | 29082 |
| center is not eligible for a grant unless, prior to receiving the | 29083 |
| grant, the entity that operates the center agrees in writing that | 29084 |
| the level of the total funds, labor, and services devoted by the | 29085 |
| entity to the center during the period of the grant will | 29086 |
| approximate, as determined by the director of health, the level of | 29087 |
| the total funds, labor, and services devoted to the center by that | 29088 |
| entity in the fiscal year preceding the fiscal year in which the | 29089 |
| grant begins. | 29090 |
| (E) Each poison prevention and treatment center shall do all | 29091 |
| of the following: | 29092 |
| (1) Maintain and staff a twenty-four-hour per day, toll-free, | 29093 |
| telephone line to respond to inquiries and provide information | 29094 |
| about poison prevention and treatment and available services; | 29095 |
| (2) Provide specialized treatment, consultation, information, | 29096 |
| and educational programs to health care professionals and the | 29097 |
| public; | 29098 |
| (3) Compile information on the types and frequency of | 29099 |
| treatment it provides. | 29100 |
| A center may provide the services described in divisions | 29101 |
| (E)(1) and (2) of this section either directly or through contract | 29102 |
| with other facilities, as the director of health considers | 29103 |
| appropriate. Each center shall take measures to ensure the | 29104 |
| confidentiality of information about individuals to whom treatment | 29105 |
| or services are provided. | 29106 |
| (F) The director of health may revoke the designation of a | 29107 |
| poison treatment and control center, or deny an application for | 29108 |
| designation, if the center or applicant fails to meet or maintain | 29109 |
|
the standards established | 29110 |
| rules adopted under division (C) of this section. The entity | 29111 |
| seeking the designation may have the revocation or denial | 29112 |
|
reconsidered in accordance with rules adopted | 29113 |
| 29114 |
| (G)(1) A poison prevention and treatment center, its | 29115 |
| officers, employees, volunteers, or other persons associated with | 29116 |
| the center, and a person, organization, or institution that | 29117 |
| advises or assists a poison prevention and treatment center are | 29118 |
| not liable in damages in a tort action for harm that allegedly | 29119 |
| arises from advice or assistance rendered to any person unless the | 29120 |
| advice or assistance is given in a manner that constitutes willful | 29121 |
| or wanton misconduct or intentionally tortious conduct. | 29122 |
| (2) This section does not create, and shall not be construed | 29123 |
| as creating, a new cause of action or substantive legal right | 29124 |
| against a poison prevention and treatment center, its officers, | 29125 |
| employees, volunteers, or other persons associated with the | 29126 |
| center, or a person, organization, or institution that advises or | 29127 |
| assists a poison prevention and treatment center. | 29128 |
| (3) This section does not affect, and shall not be construed | 29129 |
| as affecting, any immunities from civil liability or defenses | 29130 |
| conferred by any other section of the Revised Code or available at | 29131 |
| common law, to which a poison prevention and treatment center, its | 29132 |
| officers, employees, volunteers, or other persons associated with | 29133 |
| the center or a person, organization, or institution that advises | 29134 |
| or assists a poison prevention and treatment center may be | 29135 |
| entitled under circumstances not specified by this section. | 29136 |
| (H) The director shall annually report to the general | 29137 |
| assembly findings and recommendations concerning the | 29138 |
| effectiveness, impact, and benefits of the poison prevention and | 29139 |
| treatment centers. | 29140 |
| Sec. 3701.201. (A) As used in this section, "bioterrorism" | 29141 |
| has the same meaning as in section 3701.232 of the Revised Code. | 29142 |
| (B) The | 29143 |
| in accordance with Chapter 119. of the Revised Code under which a | 29144 |
| poison prevention and treatment center or other health-related | 29145 |
| entity is required to report events that may be caused by | 29146 |
| bioterrorism, epidemic or pandemic disease, or established or | 29147 |
| novel infectious agents or biological or chemical toxins posing a | 29148 |
| risk of human fatality or disability. Rules adopted under this | 29149 |
| section may require a report of any of the following: | 29150 |
| (1) An unexpected pattern or increase in the number of | 29151 |
| telephone inquiries or requests to provide information about | 29152 |
| poison prevention and treatment and available services; | 29153 |
| (2) An unexpected pattern or increase in the number of | 29154 |
| requests to provide specialized treatment, consultation, | 29155 |
| information, and educational programs to health care professionals | 29156 |
| and the public; | 29157 |
| (3) An unexpected pattern or increase in the number of | 29158 |
| requests for information on established or novel infectious agents | 29159 |
| or biological or chemical toxins posing a risk of human fatality | 29160 |
| or disability that is relatively uncommon and may have been caused | 29161 |
| by bioterrorism. | 29162 |
| (C) Each poison prevention and treatment center and other | 29163 |
| health-related entity shall comply with any reporting requirement | 29164 |
| established in rules adopted under division (B) of this section. | 29165 |
| (D) Information reported under this section that is protected | 29166 |
| health information pursuant to section 3701.17 of the Revised Code | 29167 |
| shall be released only in accordance with that section. | 29168 |
| Information that does not identify an individual may be released | 29169 |
| in summary, statistical, or aggregate form. | 29170 |
| Sec. 3701.21. (A) As used in this section: | 29171 |
| (1) "Amblyopia" means reduced vision in an eye that has not | 29172 |
| received adequate use during early childhood. | 29173 |
| (2) "501(c) organization" means an organization exempt from | 29174 |
| federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c). | 29175 |
| (B) There is hereby created in the state treasury the save | 29176 |
| our sight fund. The fund shall consist of voluntary contributions | 29177 |
| deposited as provided in section 4503.104 of the Revised Code. All | 29178 |
| investment earnings from the fund shall be credited to the fund. | 29179 |
| (C) The director of health shall use the money in the save | 29180 |
| our sight fund as follows: | 29181 |
| (1) To provide support to 501(c) organizations that offer | 29182 |
| vision services in all counties of the state and have demonstrated | 29183 |
| experience in the delivery of vision services to do one or more of | 29184 |
| the following: | 29185 |
| (a) Implement a voluntary children's vision screening | 29186 |
| training and certification program for volunteers, child care | 29187 |
| providers, nurses, teachers, health care professionals practicing | 29188 |
| in primary care settings, and others serving children; | 29189 |
| (b) Provide materials for the program implemented under | 29190 |
| division (C)(1)(a) of this section; | 29191 |
| (c) Develop and implement a registry and targeted voluntary | 29192 |
| case management system to determine whether children with | 29193 |
| amblyopia are receiving professional eye care and to provide their | 29194 |
| parents with information and support regarding their child's | 29195 |
| vision care; | 29196 |
| (d) Establish a matching grant program for the purchase and | 29197 |
| distribution of protective eyewear to children; | 29198 |
| (e) Provide vision health and safety programs and materials | 29199 |
| for classrooms. | 29200 |
| (2) For the purpose of section 4503.104 of the Revised Code, | 29201 |
| to develop and distribute informational materials on the | 29202 |
| importance of eye care and safety to the registrar of motor | 29203 |
| vehicles and each deputy registrar; | 29204 |
| (3) To pay costs incurred by the director in administering | 29205 |
| the fund; | 29206 |
| (4) To reimburse the bureau of motor vehicles for the | 29207 |
| administrative costs incurred in performing its duties under | 29208 |
| section 4503.104 of the Revised Code. | 29209 |
| (D) A 501(c) organization seeking funding from the save our | 29210 |
| sight fund for any of the projects specified in division (C) of | 29211 |
| this section shall submit a request for the funding to the | 29212 |
| director in accordance with rules adopted under division (E) of | 29213 |
| this section. The director shall determine the appropriateness of | 29214 |
| and approve or disapprove projects for funding and approve or | 29215 |
| disapprove the disbursement of money from the save our sight fund. | 29216 |
| (E) The | 29217 |
| accordance with Chapter 119. of the Revised Code to implement this | 29218 |
| section. The rules shall include the parameters of the projects | 29219 |
| specified in division (C)(1) of this section that may be funded | 29220 |
| with money in the save our sight fund and procedures for 501(c) | 29221 |
| organizations to request funding from the fund. | 29222 |
| Sec. 3701.221. (A) The director of health shall have charge | 29223 |
| of the public health laboratory authorized by section 3701.22 of | 29224 |
| the Revised Code. The director may employ an assistant for the | 29225 |
| laboratory who shall be a person skilled in chemistry and | 29226 |
| bacteriology, and receive compensation as the director determines. | 29227 |
| All expenses of the laboratory shall be paid from appropriations | 29228 |
| made for the department of health. | 29229 |
| (B) The | 29230 |
| Chapter 119. of the Revised Code, shall adopt, and may amend or | 29231 |
| rescind, rules establishing reasonable fees for services the | 29232 |
|
laboratory performs. The | 29233 |
|
where the | 29234 |
| significantly and adversely affect the public health. All fees | 29235 |
| collected for services the laboratory performs shall be deposited | 29236 |
|
into the state treasury to the credit of the | 29237 |
|
fee fund, | 29238 |
| expenses of operating the laboratory. | 29239 |
| Sec. 3701.23. (A) As used in this section, "health care | 29240 |
| provider" means any person or government entity that provides | 29241 |
| health care services to individuals. "Health care provider" | 29242 |
| includes, but is not limited to, hospitals, medical clinics and | 29243 |
| offices, special care facilities, medical laboratories, | 29244 |
| physicians, pharmacists, dentists, physician assistants, | 29245 |
| registered and licensed practical nurses, laboratory technicians, | 29246 |
| emergency medical service organization personnel, and ambulance | 29247 |
| service organization personnel. | 29248 |
| (B) Boards of health, health authorities or officials, health | 29249 |
| care providers in localities in which there are no health | 29250 |
| authorities or officials, and coroners or medical examiners shall | 29251 |
| report promptly to the department of health the existence of any | 29252 |
| of the following: | 29253 |
| (1) Asiatic cholera; | 29254 |
| (2) Yellow fever; | 29255 |
| (3) Diphtheria; | 29256 |
| (4) Typhus or typhoid fever; | 29257 |
| (5) As specified by the | 29258 |
| other contagious or infectious diseases, illnesses, health | 29259 |
| conditions, or unusual infectious agents or biological toxins | 29260 |
| posing a risk of human fatality or disability. | 29261 |
| (C) No person shall fail to comply with the reporting | 29262 |
| requirements established under division (B) of this section. | 29263 |
| (D) The reports required by this section shall be submitted | 29264 |
| on forms, as required by statute or rule, and in the manner the | 29265 |
| director of health prescribes. | 29266 |
| (E) Information reported under this section that is protected | 29267 |
| health information pursuant to section 3701.17 of the Revised Code | 29268 |
| shall be released only in accordance with that section. | 29269 |
| Information that does not identify an individual may be released | 29270 |
| in summary, statistical, or aggregate form. | 29271 |
| Sec. 3701.232. (A) As used in this section: | 29272 |
| (1) "Bioterrorism" means the intentional use of any | 29273 |
| microorganism, virus, infectious substance, or biological product | 29274 |
| that may be engineered as a result of biotechnology, or any | 29275 |
| naturally occurring or bioengineered component of a microorganism, | 29276 |
| virus, infectious substance, or biological product, to cause | 29277 |
| death, disease, or other biological malfunction in a human, | 29278 |
| animal, plant, or other living organism as a means of influencing | 29279 |
| the conduct of government or intimidating or coercing a | 29280 |
| population. | 29281 |
| (2) "Pharmacist" means an individual licensed under Chapter | 29282 |
| 4729. of the Revised Code to engage in the practice of pharmacy as | 29283 |
| a pharmacist. | 29284 |
| (3) "Pharmacy" and "prescription" have the same meanings as | 29285 |
| in section 4729.01 of the Revised Code. | 29286 |
| (B) The | 29287 |
| in accordance with Chapter 119. of the Revised Code under which a | 29288 |
| pharmacy or pharmacist is required to report significant changes | 29289 |
| in medication usage that may be caused by bioterrorism, epidemic | 29290 |
| or pandemic disease, or established or novel infectious agents or | 29291 |
| biological toxins posing a risk of human fatality or disability. | 29292 |
| Rules adopted under this section may require a report of any of | 29293 |
| the following: | 29294 |
| (1) An unexpected increase in the number of prescriptions for | 29295 |
| antibiotics; | 29296 |
| (2) An unexpected increase in the number of prescriptions for | 29297 |
| medication to treat fever or respiratory or gastrointestinal | 29298 |
| complaints; | 29299 |
| (3) An unexpected increase in sales of, or the number of | 29300 |
| requests for information on, over-the-counter medication to treat | 29301 |
| fever or respiratory or gastrointestinal complaints; | 29302 |
| (4) Any prescription for medication used to treat a disease | 29303 |
| that is relatively uncommon and may have been caused by | 29304 |
| bioterrorism. | 29305 |
| (C) No person shall fail to comply with any reporting | 29306 |
| requirement established in rules adopted under division (B) of | 29307 |
| this section. | 29308 |
| (D) Information reported under this section that is protected | 29309 |
| health information pursuant to section 3701.17 of the Revised Code | 29310 |
| shall be released only in accordance with that section. | 29311 |
| Information that does not identify an individual may be released | 29312 |
| in summary, statistical, or aggregate form. | 29313 |
| Sec. 3701.24. (A) As used in this section and sections | 29314 |
| 3701.241 to 3701.249 of the Revised Code: | 29315 |
| (1) "AIDS" means the illness designated as acquired | 29316 |
| immunodeficiency syndrome. | 29317 |
| (2) "HIV" means the human immunodeficiency virus identified | 29318 |
| as the causative agent of AIDS. | 29319 |
| (3) "AIDS-related condition" means symptoms of illness | 29320 |
| related to HIV infection, including AIDS-related complex, that are | 29321 |
| confirmed by a positive HIV test. | 29322 |
| (4) "HIV test" means any test for the antibody or antigen to | 29323 |
| HIV that has been approved by the director of health under | 29324 |
| division (B) of section 3701.241 of the Revised Code. | 29325 |
| (5) "Health care facility" has the same meaning as in section | 29326 |
| 1751.01 of the Revised Code. | 29327 |
| (6) "Director" means the director of health or any employee | 29328 |
| of the department of health acting on the director's behalf. | 29329 |
| (7) "Physician" means a person who holds a current, valid | 29330 |
| certificate issued under Chapter 4731. of the Revised Code | 29331 |
| authorizing the practice of medicine or surgery and osteopathic | 29332 |
| medicine and surgery. | 29333 |
| (8) "Nurse" means a registered nurse or licensed practical | 29334 |
| nurse who holds a license or certificate issued under Chapter | 29335 |
| 4723. of the Revised Code. | 29336 |
| (9) "Anonymous test" means an HIV test administered so that | 29337 |
| the individual to be tested can give informed consent to the test | 29338 |
| and receive the results by means of a code system that does not | 29339 |
| link the identity of the individual tested to the request for the | 29340 |
| test or the test results. | 29341 |
| (10) "Confidential test" means an HIV test administered so | 29342 |
| that the identity of the individual tested is linked to the test | 29343 |
| but is held in confidence to the extent provided by sections | 29344 |
| 3701.24 to 3701.248 of the Revised Code. | 29345 |
| (11) "Health care provider" means an individual who provides | 29346 |
| diagnostic, evaluative, or treatment services. Pursuant to Chapter | 29347 |
|
119. of the Revised Code, the | 29348 |
| adopt rules further defining the scope of the term "health care | 29349 |
| provider." | 29350 |
| (12) "Significant exposure to body fluids" means a | 29351 |
| percutaneous or mucous membrane exposure of an individual to the | 29352 |
| blood, semen, vaginal secretions, or spinal, synovial, pleural, | 29353 |
| peritoneal, pericardial, or amniotic fluid of another individual. | 29354 |
| (13) "Emergency medical services worker" means all of the | 29355 |
| following: | 29356 |
| (a) A peace officer; | 29357 |
| (b) An employee of an emergency medical service organization | 29358 |
| as defined in section 4765.01 of the Revised Code; | 29359 |
| (c) A firefighter employed by a political subdivision; | 29360 |
| (d) A volunteer firefighter, emergency operator, or rescue | 29361 |
| operator; | 29362 |
| (e) An employee of a private organization that renders rescue | 29363 |
| services, emergency medical services, or emergency medical | 29364 |
| transportation to accident victims and persons suffering serious | 29365 |
| illness or injury. | 29366 |
| (14) "Peace officer" has the same meaning as in division (A) | 29367 |
| of section 109.71 of the Revised Code, except that it also | 29368 |
| includes a sheriff and the superintendent and troopers of the | 29369 |
| state highway patrol. | 29370 |
| (B) Persons designated by rule adopted by the | 29371 |
| 29372 | |
| report promptly every case of AIDS, every AIDS-related condition, | 29373 |
| and every confirmed positive HIV test to the department of health | 29374 |
| on forms and in a manner prescribed by the director. In each | 29375 |
| county the director shall designate the health commissioner of a | 29376 |
| health district in the county to receive the reports. | 29377 |
| (C) No person shall fail to comply with the reporting | 29378 |
| requirements established under division (B) of this section. | 29379 |
| (D) Information reported under this section that identifies | 29380 |
| an individual is confidential and may be released only with the | 29381 |
| written consent of the individual except as the director | 29382 |
| determines necessary to ensure the accuracy of the information, as | 29383 |
| necessary to provide treatment to the individual, as ordered by a | 29384 |
| court pursuant to section 3701.243 or 3701.247 of the Revised | 29385 |
| Code, or pursuant to a search warrant or a subpoena issued by or | 29386 |
| at the request of a grand jury, prosecuting attorney, city | 29387 |
| director of law or similar chief legal officer of a municipal | 29388 |
| corporation, or village solicitor, in connection with a criminal | 29389 |
| investigation or prosecution. Information that does not identify | 29390 |
| an individual may be released in summary, statistical, or | 29391 |
| aggregate form. | 29392 |
| Sec. 3701.241. (A) The director of health shall develop and | 29393 |
| administer the following: | 29394 |
| (1) A surveillance system to determine the number of cases of | 29395 |
| AIDS and the HIV infection rate in various population groups; | 29396 |
| (2) Counseling and testing programs for groups determined by | 29397 |
| the director to be at risk of HIV infection, including procedures | 29398 |
| for both confidential and anonymous tests, counseling training | 29399 |
| programs for health care providers, and development of counseling | 29400 |
| guidelines; | 29401 |
| (3) A confidential partner notification system to alert and | 29402 |
| counsel sexual contacts of individuals with HIV infection; | 29403 |
| (4) Risk reduction and education programs for groups | 29404 |
| determined by the director to be at risk of HIV infection, and, in | 29405 |
| consultation with a wide range of community leaders, education | 29406 |
| programs for the public; | 29407 |
| (5) Pilot programs for the long-term care of individuals with | 29408 |
| AIDS or AIDS-related condition, including care in nursing homes | 29409 |
| and in alternative settings; | 29410 |
| (6) Programs to expand regional outpatient treatment of | 29411 |
| individuals with AIDS or AIDS-related condition; | 29412 |
| (7) A program to assist communities, including communities of | 29413 |
| less than one hundred thousand population, in establishing AIDS | 29414 |
| task forces and support groups for individuals with AIDS, | 29415 |
| AIDS-related condition, and HIV infection. The program may include | 29416 |
| the award of grants if they are matched by local funds. | 29417 |
| Information obtained or maintained under the partner | 29418 |
| notification system is not a public record under section 149.43 of | 29419 |
| the Revised Code and may be released only in accordance with | 29420 |
| division (C) of section 3701.243 of the Revised Code. | 29421 |
| (B) The director shall: | 29422 |
| (1) Approve a test or tests to be used to determine whether | 29423 |
| an individual has HIV infection, define a confirmed positive test | 29424 |
| result, and develop guidelines for interpreting test results; | 29425 |
| (2) Establish sites for confidential and anonymous HIV tests, | 29426 |
| and prepare a list of sites where an individual may obtain an | 29427 |
| anonymous test; | 29428 |
| (3) Prepare a list of counseling services; | 29429 |
| (4) Make available a copy of the list of anonymous testing | 29430 |
| sites or a copy of the list of counseling services to anyone who | 29431 |
| requests it. | 29432 |
| (C) The director of health shall require the director or | 29433 |
| administrator of each site where anonymous or confidential HIV | 29434 |
| tests are given to submit a report every three months evaluating | 29435 |
| from an epidemiologic perspective the effectiveness of the HIV | 29436 |
| testing program at that site. Not later than January 31, 1991, and | 29437 |
| each year thereafter, the director of health shall make a report | 29438 |
| evaluating the anonymous and confidential testing programs | 29439 |
| throughout the state with regard to their effectiveness as | 29440 |
| epidemiologic programs. The report shall be submitted to the | 29441 |
| speaker of the house of representatives and the president of the | 29442 |
| senate and shall be made available to the public. | 29443 |
| The | 29444 |
| pursuant to Chapter 119. of the Revised Code for the | 29445 |
| implementation of the requirements of division (B)(1) of this | 29446 |
| section and division (D) of section 3701.24 of the Revised Code. | 29447 |
| (D) The director of health shall administer funds received | 29448 |
| under Title XXVI of the "Public Health Services Act," 104 Stat. | 29449 |
| 576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve | 29450 |
| the quality and availability of care for individuals with AIDS, | 29451 |
| AIDS-related condition, and HIV infection. In administering these | 29452 |
| funds, the director may enter into contracts with any person or | 29453 |
| entity for the purpose of administering the programs, including | 29454 |
| contracts with the department of job and family services for | 29455 |
| establishment of a program of reimbursement of drugs used for | 29456 |
| treatment and care of such individuals. The director of health may | 29457 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 29458 |
| and issue orders as necessary for administration of the funds. If | 29459 |
| the department of job and family services enters into a contract | 29460 |
| under this division, the director of job and family services may | 29461 |
| adopt rules in accordance with Chapter 119. of the Revised Code as | 29462 |
| necessary for carrying out the department's duties under the | 29463 |
| contract. | 29464 |
| Sec. 3701.242. (A) An HIV test may be performed by or on the | 29465 |
| order of a health care provider who, in the exercise of the | 29466 |
| provider's professional judgment, determines the test to be | 29467 |
| necessary for providing diagnosis and treatment to the individual | 29468 |
| to be tested, if the individual or the individual's parent or | 29469 |
| guardian has given consent to the provider for medical or other | 29470 |
| health care treatment. The health care provider shall inform the | 29471 |
| individual of the individual's right under division (D) of this | 29472 |
| section to an anonymous test. | 29473 |
| (B) A minor may consent to be given an HIV test. The consent | 29474 |
| is not subject to disaffirmance because of minority. The parents | 29475 |
| or guardian of a minor giving consent under this division are not | 29476 |
| liable for payment and shall not be charged for an HIV test given | 29477 |
| to the minor without the consent of a parent or the guardian. | 29478 |
| (C) The health care provider ordering an HIV test shall | 29479 |
| provide post-test counseling for an individual who receives an | 29480 |
|
HIV-positive test result. The | 29481 |
|
may adopt rules | 29482 |
| 29483 | |
| specifying the information to be provided in post-test counseling. | 29484 |
| (D) An individual shall have the right to an anonymous test. | 29485 |
| A health care facility or health care provider that does not | 29486 |
| provide anonymous testing shall refer an individual requesting an | 29487 |
| anonymous test to a site where it is available. | 29488 |
| (E) Divisions (B) to (D) of this section do not apply to the | 29489 |
| performance of an HIV test in any of the following circumstances: | 29490 |
| (1) When the test is performed in a medical emergency by a | 29491 |
| nurse or physician and the test results are medically necessary to | 29492 |
| avoid or minimize an immediate danger to the health or safety of | 29493 |
| the individual to be tested or another individual, except that | 29494 |
| post-test counseling shall be given to the individual if the | 29495 |
| individual receives an HIV-positive test result; | 29496 |
| (2) When the test is performed for the purpose of research if | 29497 |
| the researcher does not know and cannot determine the identity of | 29498 |
| the individual tested; | 29499 |
| (3) When the test is performed by a person who procures, | 29500 |
| processes, distributes, or uses a human body part from a deceased | 29501 |
| person donated for a purpose specified in Chapter 2108. of the | 29502 |
| Revised Code, if the test is medically necessary to ensure that | 29503 |
| the body part is acceptable for its intended purpose; | 29504 |
| (4) When the test is performed on a person incarcerated in a | 29505 |
| correctional institution under the control of the department of | 29506 |
| rehabilitation and correction if the head of the institution has | 29507 |
| determined, based on good cause, that a test is necessary; | 29508 |
| (5) When the test is performed in accordance with section | 29509 |
| 2907.27 of the Revised Code; | 29510 |
| (6) When the test is performed on an individual after the | 29511 |
| infection control committee of a health care facility, or other | 29512 |
| body of a health care facility performing a similar function | 29513 |
| determines that a health care provider, emergency medical services | 29514 |
| worker, or peace officer, while rendering health or emergency care | 29515 |
| to an individual, has sustained a significant exposure to the body | 29516 |
| fluids of that individual, and the individual has refused to give | 29517 |
| consent for testing. | 29518 |
| Sec. 3701.248. (A) As used in this section: | 29519 |
| (1) "Contagious or infectious disease" means a disease | 29520 |
|
specified | 29521 |
|
health | 29522 |
| (2) "Patient" means either of the following: | 29523 |
| (a) A person, whether alive or dead, who has been treated, or | 29524 |
| handled, or transported for medical care by an emergency medical | 29525 |
| services worker; | 29526 |
| (b) A deceased person whose body is handled by a funeral | 29527 |
| services worker. | 29528 |
| (3) "Significant exposure" means: | 29529 |
| (a) A percutaneous or mucous membrane exposure of an | 29530 |
| individual to the blood, semen, vaginal secretions, or spinal, | 29531 |
| synovial, pleural, peritoneal, pericardial, or amniotic fluid of | 29532 |
| another person; | 29533 |
| (b) Exposure to a contagious or infectious disease. | 29534 |
| (4) "Funeral services worker" means a person licensed as a | 29535 |
| funeral director or embalmer under Chapter 4717. of the Revised | 29536 |
| Code or an individual responsible for the direct final disposition | 29537 |
| of a deceased person. | 29538 |
| (B)(1) An emergency medical services worker or funeral | 29539 |
| services worker who believes that significant exposure has | 29540 |
| occurred through the worker's contact with a patient may submit to | 29541 |
| the health care facility or coroner that received the patient a | 29542 |
| written request to be notified of the results of any test | 29543 |
| performed on the patient to determine the presence of a contagious | 29544 |
| or infectious disease. The request shall include: | 29545 |
| (a) The name, address, and telephone number of the individual | 29546 |
| submitting the request; | 29547 |
| (b) The name of the individual's employer, or, in the case of | 29548 |
| a volunteer emergency medical services worker, the entity for | 29549 |
| which the worker volunteers, and the individual's supervisor; | 29550 |
| (c) The date, time, location, and manner of the exposure. | 29551 |
| (2) The request for notification that is submitted by an | 29552 |
| emergency medical services worker pursuant to division (B)(1) of | 29553 |
| this section is valid for ten days after it is made. If at the end | 29554 |
| of that ten-day period no test has been performed to determine the | 29555 |
| presence of a contagious or infectious disease, no diagnosis has | 29556 |
| been made, or the result of the test is negative, the health care | 29557 |
| facility or coroner shall notify the emergency medical services | 29558 |
| worker. The notification shall not include the name of the | 29559 |
| patient. If necessary, the request may be renewed in accordance | 29560 |
| with the same procedures and requirements as the original request. | 29561 |
| (3) A health care facility or coroner shall respond | 29562 |
| immediately to a request for notification submitted pursuant to | 29563 |
| division (B)(1) of this section by a funeral services worker. If | 29564 |
| no test has been performed to determine the presence of a | 29565 |
| contagious or infectious disease, no diagnosis has been made, or | 29566 |
| the result of a test that was performed is negative, the health | 29567 |
| care facility or coroner shall immediately notify the funeral | 29568 |
| services worker. The notification shall not include the name of | 29569 |
| the patient. | 29570 |
| On receipt of notification that no test has been performed to | 29571 |
| determine the presence of a contagious or infectious disease in a | 29572 |
| patient, the funeral services worker may have a test performed on | 29573 |
| the patient. The test shall be performed in accordance with rules | 29574 |
| adopted by the department of health pursuant to division (G) of | 29575 |
| this section. | 29576 |
| The consent of the patient's family is not required for | 29577 |
| performance of a test pursuant to division (B)(3) of this section. | 29578 |
| (C) The health care facility or coroner that receives a | 29579 |
| written request for notification shall give an oral notification | 29580 |
| of the presence of a contagious or infectious disease, or of a | 29581 |
| confirmed positive test result, if known, to the person who made | 29582 |
| the request and the person's supervisor and to the infection | 29583 |
| control committee or other body described in division (E)(6) of | 29584 |
| section 3701.242 of the Revised Code within two days after | 29585 |
| determining the presence of a contagious or infectious disease or | 29586 |
| after a confirmed positive test result. A written notification | 29587 |
| shall follow oral notification within three days. If a contagious | 29588 |
| or infectious disease is present, or the test results are | 29589 |
| confirmed positive, both the oral and written notification shall | 29590 |
| include the name of the disease, its signs and symptoms, the date | 29591 |
| of exposure, the incubation period, the mode of transmission of | 29592 |
| the disease, the medical precautions necessary to prevent | 29593 |
| transmission to other persons, and the appropriate prophylaxis, | 29594 |
| treatment, and counseling for the disease. The notification shall | 29595 |
| not include the name of the patient. | 29596 |
| If the request is made by an emergency medical services | 29597 |
| worker and the information is not available from the health care | 29598 |
| facility to which the request is made because the patient has been | 29599 |
| transferred from that health care facility, the facility shall | 29600 |
| assist the emergency medical services worker in locating the | 29601 |
| patient and securing the requested information from the health | 29602 |
| care facility that treated or is treating the patient. If the | 29603 |
| patient has died, the health care facility shall give the | 29604 |
| emergency medical services worker the name and address of the | 29605 |
| coroner who received the patient. | 29606 |
| (D) Each health care facility and coroner shall develop | 29607 |
| written procedures to implement the notification procedures | 29608 |
| required by this section. A health care facility or coroner may | 29609 |
| take measures in addition to those required in this section to | 29610 |
| notify emergency medical services workers and funeral services | 29611 |
| workers of possible exposure to a contagious or infectious disease | 29612 |
| as long as the confidentiality of the information is maintained. | 29613 |
| (E) No person shall knowingly fail to comply with division | 29614 |
| (C) of this section. | 29615 |
| (F) The | 29616 |
| in accordance with Chapter 119. of the Revised Code that specify | 29617 |
| the diseases that are reasonably likely to be transmitted by air | 29618 |
| or blood during the normal course of duties performed by an | 29619 |
| emergency medical services worker or funeral services worker. In | 29620 |
|
adopting such rules, the | 29621 |
| of contact that typically occur between patients and emergency | 29622 |
| medical services workers and funeral services workers. | 29623 |
| (G) The department of health shall adopt rules in accordance | 29624 |
| with Chapter 119. of the Revised Code specifying the procedures a | 29625 |
| funeral services worker must follow when having a test performed | 29626 |
| on a patient pursuant to division (B)(3) of this section. The | 29627 |
| rules shall specify how and by whom the test is to be performed. | 29628 |
| The rules shall require the funeral services worker or the funeral | 29629 |
| services worker's employer to pay the cost of the test. No health | 29630 |
| care facility shall be required to perform the test. | 29631 |
| Sec. 3701.341. (A) The | 29632 |
| pursuant to Chapter 119. and consistent with section 2317.56 of | 29633 |
| the Revised Code, shall adopt rules relating to abortions and the | 29634 |
| following subjects: | 29635 |
| (1) Post-abortion procedures to protect the health of the | 29636 |
| pregnant woman; | 29637 |
| (2) Pathological reports; | 29638 |
| (3) Humane disposition of the product of human conception; | 29639 |
| (4) Counseling. | 29640 |
| (B) The director of health shall implement the rules and | 29641 |
| shall apply to the court of common pleas for temporary or | 29642 |
| permanent injunctions restraining a violation or threatened | 29643 |
| violation of the rules. This action is an additional remedy not | 29644 |
| dependent on the adequacy of the remedy at law. | 29645 |
| Sec. 3701.342. After consultation with the public health | 29646 |
| standards task force established under section 3701.343 of the | 29647 |
|
Revised Code, the | 29648 |
| rules establishing minimum standards and optimum achievable | 29649 |
| standards for boards of health and local health departments. The | 29650 |
| minimum standards shall assure that boards of health and local | 29651 |
| health departments provide for: | 29652 |
| (A) Analysis and prevention of communicable disease; | 29653 |
| (B) Analysis of the causes of, and appropriate treatment for, | 29654 |
| the leading causes of morbidity and mortality; | 29655 |
| (C) The administration and management of the local health | 29656 |
| department; | 29657 |
| (D) Access to primary health care by medically underserved | 29658 |
| individuals; | 29659 |
| (E) Environmental health management programs; | 29660 |
| (F) Health promotion services designed to encourage | 29661 |
| individual and community wellness. | 29662 |
| The | 29663 |
| establishing a formula for distribution of state health district | 29664 |
| subsidy funds to boards of health and local health departments. | 29665 |
| The formula shall provide no subsidy funds to a board or | 29666 |
| department unless it meets minimum standards and shall provide | 29667 |
| higher funding levels for boards and districts that meet optimum | 29668 |
| achievable standards. | 29669 |
| Notwithstanding section 119.03 of the Revised Code, rules | 29670 |
| adopted under this section shall not take effect unless approved | 29671 |
| by concurrent resolution of the general assembly. | 29672 |
| Sec. 3701.343. The | 29673 |
| 29674 | |
|
commissioners | 29675 |
|
standards task force to assist and advise the | 29676 |
| 29677 | |
| established under section 3701.342 of the Revised Code for the | 29678 |
|
provision of public health services. | 29679 |
| 29680 | |
| 29681 |
| The task force shall have nine members, consisting of: | 29682 |
| (A) A sanitarian registered in accordance with Chapter 4736. | 29683 |
| of the Revised Code; | 29684 |
| (B) A registered nurse licensed in accordance with Chapter | 29685 |
| 4723. of the Revised Code; | 29686 |
| (C) A physician | 29687 |
| under Chapter 4731. of the Revised Code to practice medicine and | 29688 |
| surgery or osteopathic medicine and surgery; | 29689 |
| (D) Three health commissioners; | 29690 |
| (E) Two representatives of the department of health; | 29691 |
| (F) One individual with recognized ability in public health | 29692 |
| law, public health laboratories, epidemiology, nutrition, or | 29693 |
| health education. | 29694 |
| | 29695 |
| 29696 | |
| 29697 | |
| 29698 | |
| 29699 | |
| 29700 | |
| 29701 |
| Members of the task force shall elect a | 29702 |
| Five members of the task force constitute a quorum and six votes | 29703 |
| are necessary to validate an action. | 29704 |
| | 29705 |
| 29706 | |
| 29707 | |
| 29708 | |
| Vacancies occurring on the task force shall be filled in the same | 29709 |
| manner as the initial appointments. | 29710 |
| Members of the task force shall serve without compensation, | 29711 |
| but may be reimbursed for necessary expenses. | 29712 |
| Sec. 3701.344. As used in this section and sections | 29713 |
| 3701.345, 3701.346, and 3701.347 of the Revised Code: | 29714 |
| (A) "Private water system" means any water system for the | 29715 |
| provision of water for human consumption, if such system has fewer | 29716 |
| than fifteen service connections and does not regularly serve an | 29717 |
| average of at least twenty-five individuals daily at least sixty | 29718 |
| days out of the year. A private water system includes any well, | 29719 |
| spring, cistern, pond, or hauled water and any equipment for the | 29720 |
| collection, transportation, filtration, disinfection, treatment, | 29721 |
| or storage of such water extending from and including the source | 29722 |
| of the water to the point of discharge from any pressure tank or | 29723 |
| other storage vessel; to the point of discharge from the water | 29724 |
| pump where no pressure tank or other storage vessel is present; | 29725 |
| or, in the case of multiple service connections serving more than | 29726 |
| one dwelling, to the point of discharge from each service | 29727 |
| connection. "Private water system" does not include the water | 29728 |
| service line extending from the point of discharge to a structure. | 29729 |
| (B) Notwithstanding section 3701.347 of the Revised Code and | 29730 |
| subject to division (C) of this section, rules adopted by the | 29731 |
| 29732 | |
| shall provide for the following: | 29733 |
| (1) Except as otherwise provided in this division, boards of | 29734 |
| health of city or general health districts shall be given the | 29735 |
| exclusive power to establish fees in accordance with section | 29736 |
| 3709.09 of the Revised Code for administering and enforcing such | 29737 |
| rules. Such fees shall establish a different rate for | 29738 |
| administering and enforcing the rules relative to private water | 29739 |
| systems serving single-family dwelling houses and nonsingle-family | 29740 |
|
dwelling houses. Except for an amount established by the | 29741 |
| 29742 | |
| section, for each new private water system installation, no | 29743 |
| portion of any fee for administering and enforcing such rules | 29744 |
| shall be returned to the department of health. If the director of | 29745 |
| health determines that a board of health of a city or general | 29746 |
| health district is unable to administer and enforce a private | 29747 |
| water system program in the district, the director shall | 29748 |
| administer and enforce such a program in the district and | 29749 |
| establish fees for such administration and enforcement. | 29750 |
| (2) Boards of health of city or general health districts | 29751 |
| shall be given the exclusive power to determine the number of | 29752 |
| inspections necessary for determining the safe drinking | 29753 |
| characteristics of a private water system. | 29754 |
| (3) Private water systems contractors, as a condition of | 29755 |
| doing business in this state, shall annually register with, and | 29756 |
| comply with surety bonding requirements of, the department of | 29757 |
| health. No such contractor shall be permitted to register if the | 29758 |
| contractor fails to comply with all applicable rules adopted by | 29759 |
|
the | 29760 |
| city or general health district. The annual registration fee for | 29761 |
| private water systems contractors shall be sixty-five dollars. The | 29762 |
| 29763 | |
| Chapter 119. of the Revised Code, may increase the annual | 29764 |
|
registration fee. | 29765 |
| 29766 | |
| 29767 |
| (4) | 29768 |
|
of health of city or general health districts | 29769 |
| 29770 | |
| determining whether bacteriological examinations shall be | 29771 |
| performed at approved laboratories of the state or at approved | 29772 |
| private laboratories. | 29773 |
| (5) The | 29774 |
| each new private water system installation, which shall be | 29775 |
| collected by the appropriate board of health and transmitted to | 29776 |
|
the director | 29777 |
| Code. | 29778 |
| (6) All fees received by the director of health under | 29779 |
| divisions (B)(1), (3), and (5) of this section shall be deposited | 29780 |
| in the state treasury to the credit of the general operations fund | 29781 |
| created in section 3701.83 of the Revised Code for use in the | 29782 |
| administration and enforcement of sections 3701.344 to 3701.347 of | 29783 |
| the Revised Code and the rules pertaining to private water systems | 29784 |
|
adopted under those sections | 29785 |
| 29786 |
| (C) To the extent that rules adopted under division (B) of | 29787 |
| this section require health districts to follow specific | 29788 |
| procedures or use prescribed forms, no such procedure or form | 29789 |
| shall be implemented until it is approved by majority vote of an | 29790 |
| approval board of health commissioners, hereby created. Members of | 29791 |
| the board shall be the officers of the association of Ohio health | 29792 |
| commissioners, or any successor organization, and membership on | 29793 |
| the board shall be coterminous with holding an office of the | 29794 |
| association. No health district is required to follow a procedure | 29795 |
| or use a form required by a rule adopted under division (B) of | 29796 |
| this section without the approval of the board. | 29797 |
| (D) A board of health shall collect well log filing fees on | 29798 |
| behalf of the division of soil and water resources in the | 29799 |
| department of natural resources in accordance with section 1521.05 | 29800 |
| of the Revised Code and rules adopted under it. The fees shall be | 29801 |
| submitted to the division quarterly as provided in those rules. | 29802 |
| Sec. 3701.345. Any applicant for a permit to construct, | 29803 |
| develop, install, or modify a private water system required by | 29804 |
|
rules adopted by the | 29805 |
| 29806 | |
| apply to the board of health of the city or general health | 29807 |
| district administering and enforcing the private water supply | 29808 |
| program in the health district in which the private water system | 29809 |
| is or is to be located or, if the health district is not | 29810 |
| administering and enforcing the program, may apply to the | 29811 |
| department of health for a variance from such rules governing the | 29812 |
| design, construction, development, installation, or modification | 29813 |
| of private water systems. The application for a variance shall be | 29814 |
| made in writing and shall include a statement of the particular | 29815 |
| rule or rules from which a variance is sought, a description of | 29816 |
| the proposed system or modification, and the necessity for the | 29817 |
| variance. The board of health or the department of health shall | 29818 |
| not grant a variance unless the applicant demonstrates that: | 29819 |
| (A) There will be an unusual and unnecessary hardship in | 29820 |
| complying with the rules from which the variance is sought; | 29821 |
| (B) Contamination of the private water system will not occur | 29822 |
| as a result of construction and operation of the system as | 29823 |
| proposed by the variance application; | 29824 |
| (C) The health of persons using water from the private water | 29825 |
| system will not be endangered as a result of construction and | 29826 |
| operation of the system as proposed by the variance application; | 29827 |
| and | 29828 |
| (D) No other technically feasible and economically reasonable | 29829 |
| means exist for obtaining water from the proposed type of water | 29830 |
| source. | 29831 |
| Sec. 3701.347. Notwithstanding division (E) of section | 29832 |
| 6111.42 of the Revised Code, rules adopted under such division and | 29833 |
| in effect on December 14, 1978, shall continue in effect until | 29834 |
| repealed by the environmental protection agency or superseded by | 29835 |
|
rules | 29836 |
| hereinafter provided, as fully as if such section had not been | 29837 |
| amended by Amended Substitute Senate Bill No. 445 of the 112th | 29838 |
| general assembly on such date. Insofar as these rules affect wells | 29839 |
| for the provision of water for human consumption not used or for | 29840 |
| use by a public water system, they shall remain in effect | 29841 |
| notwithstanding repeal by the environmental protection agency | 29842 |
|
until the | 29843 |
| them which prescribe uniform standards and procedures for the | 29844 |
| design, construction, inspection, installation, development, | 29845 |
| maintenance, and abandonment of private water systems, to protect | 29846 |
| the health of the persons served by such water systems and to | 29847 |
| establish fees at a level calculated to pay the cost of | 29848 |
|
administering and enforcing such rules by the director | 29849 |
| by boards of health of city and general health districts approved | 29850 |
| by the director of health. For purposes of this section "public | 29851 |
| water system" has the meaning ascribed to it in section 6109.01 of | 29852 |
| the Revised Code. | 29853 |
| Sec. 3701.352. No person shall violate any rule the
| 29854 |
| 29855 | |
| or any order the director or department of health issues under | 29856 |
| this chapter to prevent a threat to the public caused by a | 29857 |
| pandemic, epidemic, or bioterrorism event. | 29858 |
| Sec. 3701.40. The | 29859 |
| rule prescribe minimum standards for the maintenance and operation | 29860 |
| of hospitals and medical facilities which shall receive federal | 29861 |
| aid for construction under the state plan provided for by section | 29862 |
| 3701.39 of the Revised Code. | 29863 |
| Boards of trustees or directors of institutions required to | 29864 |
| comply with sections 3701.01, 3701.04, 3701.08, 3701.09, and | 29865 |
| 3701.37 to 3701.45 of the Revised Code shall have the right to | 29866 |
| select the professional staff members of such institutions and to | 29867 |
| select and employ interns, nurses, and other personnel, and no | 29868 |
|
rules, regulations, or standards of the director of health | 29869 |
| 29870 | |
| shall be valid which, if enforced, would interfere in such | 29871 |
| selection or employment. | 29872 |
| The director of health may petition the common pleas court of | 29873 |
| the county in which any hospital or medical facility is located | 29874 |
| for an order enjoining any person, firm, partnership, association, | 29875 |
| corporation, or other entity, private or public, from operating a | 29876 |
| hospital or medical facility in violation of any rules adopted | 29877 |
| under this section. Irrespective of any other remedy the director | 29878 |
| may have in law or equity the court has jurisdiction to grant such | 29879 |
| injunctive relief upon a showing that the respondent named in the | 29880 |
| petition is operating in violation of such rules. | 29881 |
| Sec. 3701.503. As used in sections 3701.504 to 3701.509 of | 29882 |
| the Revised Code: | 29883 |
| (A) "Parent" means either parent, unless the parents are | 29884 |
| separated or divorced or their marriage has been dissolved or | 29885 |
| annulled, in which case "parent" means the parent who is the | 29886 |
| residential parent and legal custodian. | 29887 |
| (B) "Guardian" has the same meaning as in section 2111.01 of | 29888 |
| the Revised Code. | 29889 |
| (C) "Custodian" means, except as used in division (A) of this | 29890 |
| section, a government agency or an individual, other than the | 29891 |
| parent or guardian, with legal or permanent custody of a child as | 29892 |
| defined in section 2151.011 of the Revised Code. | 29893 |
| (D) "Hearing screening" means the identification of newborns | 29894 |
| and infants who may have a hearing impairment, through the use of | 29895 |
| a physiologic test. | 29896 |
| (E) "Hearing evaluation" means evaluation through the use of | 29897 |
| audiological procedures by an audiologist or physician. | 29898 |
| (F) "Hearing impairment" means a loss of hearing in one or | 29899 |
| both ears in the frequency region important for speech recognition | 29900 |
| and comprehension. | 29901 |
| (G) "Newborn" means a child who is less than thirty days old. | 29902 |
| (H) "Infant" means a child who is at least thirty days but | 29903 |
| less than twenty-four months old. | 29904 |
| (I) "Freestanding birthing center" has the same meaning as in | 29905 |
|
section | 29906 |
| (J) "Physician" means an individual authorized under Chapter | 29907 |
| 4731. of the Revised Code to practice medicine and surgery or | 29908 |
| osteopathic medicine and surgery. | 29909 |
| (K) "Audiologist" means an individual authorized under | 29910 |
| section 4753.07 of the Revised Code to practice audiology. | 29911 |
| (L) "Hospital" means a hospital that has a maternity unit or | 29912 |
| newborn nursery. | 29913 |
| (M) "Maternity unit" means any unit or place in a hospital | 29914 |
| where women are regularly received and provided care during all or | 29915 |
| part of the maternity cycle, except that "maternity unit" does not | 29916 |
| include an emergency department or similar place dedicated to | 29917 |
| providing emergency health care. | 29918 |
| (N) "Board of health" means the board of health of a city or | 29919 |
| general health district or the authority having the duties of a | 29920 |
| board of health under section 3709.05 of the Revised Code. | 29921 |
| Sec. 3701.507. (A) To assist in implementing sections | 29922 |
| 3701.503 to 3701.509 of the Revised Code, the medically | 29923 |
| handicapped children's medical advisory council created in section | 29924 |
| 3701.025 of the Revised Code shall appoint a permanent infant | 29925 |
| hearing screening subcommittee. The subcommittee shall consist of | 29926 |
| the following members: | 29927 |
| (1) One otolaryngologist; | 29928 |
| (2) One neonatologist; | 29929 |
| (3) One pediatrician; | 29930 |
| (4) One neurologist; | 29931 |
| (5) One hospital administrator; | 29932 |
| (6) Two or more audiologists who are experienced in infant | 29933 |
| hearing screening and evaluation; | 29934 |
| (7) One speech-language pathologist licensed under section | 29935 |
| 4753.07 of the Revised Code; | 29936 |
| (8) Two persons who are each a parent of a hearing-impaired | 29937 |
| child; | 29938 |
| (9) One geneticist; | 29939 |
| (10) One epidemiologist; | 29940 |
| (11) One adult who is deaf or hearing impaired; | 29941 |
| (12) One representative from an organization for the deaf or | 29942 |
| hearing impaired; | 29943 |
| (13) One family advocate; | 29944 |
| (14) One nurse from a well-baby neonatal nursery; | 29945 |
| (15) One nurse from a special care neonatal nursery; | 29946 |
| (16) One teacher of the deaf who works with infants and | 29947 |
| toddlers; | 29948 |
| (17) One representative of the health insurance industry; | 29949 |
| (18) One representative of the bureau for children with | 29950 |
| medical handicaps; | 29951 |
| (19) One representative of the department of education; | 29952 |
| (20) One representative of the Ohio department of job and | 29953 |
| family services who has responsibilities regarding medicaid; | 29954 |
| (21) Any other person the advisory council appoints. | 29955 |
| (B) The infant hearing subcommittee shall: | 29956 |
| (1) Consult with the director of health regarding the | 29957 |
| administration of sections 3701.503 to 3701.509 of the Revised | 29958 |
| Code; | 29959 |
| (2) Advise and make recommendations regarding proposed rules | 29960 |
|
prior to their adoption by the | 29961 |
| under section 3701.508 of the Revised Code; | 29962 |
| (3) Consult with the director of health and advise and make | 29963 |
| recommendations regarding program development and implementation | 29964 |
| under sections 3701.503 to 3701.509 of the Revised Code, including | 29965 |
| all of the following: | 29966 |
| (a) Establishment under section 3701.504 of the Revised Code | 29967 |
| of the statewide hearing screening, tracking, and early | 29968 |
| intervention program to identify newborn and infant hearing | 29969 |
| impairment; | 29970 |
| (b) Identification of locations where hearing evaluations may | 29971 |
| be conducted; | 29972 |
| (c) Recommendations for methods and techniques of hearing | 29973 |
| screening and hearing evaluation; | 29974 |
| (d) Referral, data recording and compilation, and procedures | 29975 |
| to encourage follow-up hearing care; | 29976 |
| (e) Maintenance of a register of newborns and infants who do | 29977 |
| not pass the hearing screening; | 29978 |
| (f) Preparation of the information required by section | 29979 |
|
3701.506 of the Revised Code | 29980 |
| 29981 |
| Sec. 3701.508. (A) The | 29982 |
| shall adopt rules governing the statewide hearing screening, | 29983 |
| tracking, and early intervention program established under section | 29984 |
| 3701.504 of the Revised Code, including rules that do all of the | 29985 |
| following: | 29986 |
| (1) Specify how hospitals and freestanding birthing centers | 29987 |
| are to comply with the requirements of section 3701.505 of the | 29988 |
| Revised Code, including methods to be used for hearing screening, | 29989 |
| except that with regard to the physiologic equipment to be used | 29990 |
| for hearing screening, the rules may require only that the | 29991 |
| equipment be capable of giving reliable results and may not | 29992 |
| specify particular equipment or a particular type of equipment; | 29993 |
| (2) Provide that no newborn or infant shall be required to | 29994 |
| undergo a hearing screening if the parent, guardian, or custodian | 29995 |
| of the newborn or infant objects on the grounds that the screening | 29996 |
| conflicts with the parent's, guardian's, or custodian's religious | 29997 |
| tenets and practices; | 29998 |
| (3) Provide for situations in which the parent, guardian, or | 29999 |
| custodian of a newborn or infant objects to a hearing screening | 30000 |
| for reasons other than religious tenets and practices; | 30001 |
| (4) Specify how the department of health will determine | 30002 |
| whether a person is financially unable to pay for a hearing | 30003 |
| screening and define "third-party payer" for the purpose of | 30004 |
| reimbursement of hearing screening by the department under section | 30005 |
| 3701.505 of the Revised Code; | 30006 |
| (5) Specify an inexpensive and efficient format and | 30007 |
| procedures for the submission of hearing screening information | 30008 |
| from hospitals and freestanding birthing centers to the department | 30009 |
| of health; | 30010 |
| (6) Specify a procedure whereby the department may conduct | 30011 |
| timely reviews of hearing screening information submissions for | 30012 |
| purposes of quality assurance, training, and disease prevention | 30013 |
| and control; | 30014 |
| (7) Specify any additional information that hospitals and | 30015 |
| freestanding birthing centers are to provide to the medically | 30016 |
| handicapped children's medical advisory council's infant hearing | 30017 |
| screening subcommittee under section 3701.509 of the Revised Code. | 30018 |
| (B) In addition to the rules adopted under division (A) of | 30019 |
|
this section, the | 30020 |
| the training that must be completed by persons who will conduct | 30021 |
|
hearing screenings. In adopting these rules, the | 30022 |
| shall consider incorporating cost-saving training methods, | 30023 |
| including computer-assisted learning and on-site training. Neither | 30024 |
| the rules nor the director of health may establish a minimum | 30025 |
| educational level for persons conducting hearing screenings. | 30026 |
| (C) All rules adopted under this section shall be adopted in | 30027 |
| accordance with Chapter 119. of the Revised Code and shall be | 30028 |
|
adopted so as to take effect not later than six months after
| 30029 |
| 30030 |
| Sec. 3701.509. (A) The department of health shall develop a | 30031 |
| mechanism to analyze and interpret the hearing screening | 30032 |
| information to be reported under division (B) of this section. The | 30033 |
| department shall notify all hospitals and freestanding birthing | 30034 |
| centers subject to the reporting requirements of the date the | 30035 |
| department anticipates that the mechanism will be complete. After | 30036 |
| the mechanism is complete, the department shall notify each | 30037 |
| hospital and freestanding birthing center subject to the reporting | 30038 |
| requirement of the date by which the hospital or center must | 30039 |
| submit its first report. | 30040 |
| (B) Subject to division (A) of this section and in accordance | 30041 |
|
with rules adopted by the
| 30042 |
| section 3701.508 of the Revised Code, each hospital and | 30043 |
| freestanding birthing center that has conducted a hearing | 30044 |
| screening required by section 3701.505 of the Revised Code shall | 30045 |
| provide to the department of health for use by the medically | 30046 |
| handicapped children's medical advisory council's infant hearing | 30047 |
| screening subcommittee information specifying all of the | 30048 |
| following: | 30049 |
| (1) The number of newborns born in the hospital or | 30050 |
| freestanding birthing center and the number of newborns and | 30051 |
| infants not screened because they were transferred to another | 30052 |
| hospital; | 30053 |
| (2) The number of newborns and infants referred to the | 30054 |
| hospital or freestanding birthing center for a hearing screening | 30055 |
| and the number of those newborns and infants who received a | 30056 |
| hearing screening; | 30057 |
| (3) The number of newborns and infants who did not pass the | 30058 |
| hearing screenings conducted by the hospital or freestanding | 30059 |
| birthing center; | 30060 |
| (4) Any other information concerning the program established | 30061 |
| under section 3701.504 of the Revised Code. | 30062 |
| (C) The department of health shall conduct a timely review of | 30063 |
| the information submitted by hospitals and freestanding birthing | 30064 |
|
centers in accordance with rules adopted by the | 30065 |
| 30066 |
| (D) The infant hearing screening subcommittee, with the | 30067 |
| support of the department of health, shall compile and summarize | 30068 |
| the information submitted to the department by hospitals and | 30069 |
| freestanding birthing centers under division (B) of this section. | 30070 |
| Beginning with the first year after the mechanism developed under | 30071 |
| division (A) of this section is complete, the subcommittee shall | 30072 |
| annually prepare and transmit a report to the director of health, | 30073 |
| the speaker of the house of representatives, and the president of | 30074 |
| the senate. The council shall make the report available to the | 30075 |
| public. | 30076 |
| (E) The department and all members of the subcommittee shall | 30077 |
| maintain the confidentiality of patient-identifying information | 30078 |
| submitted under division (B) of this section and section 3701.505 | 30079 |
| of the Revised Code. The information is not a public record under | 30080 |
| section 149.43 of the Revised Code, except to the extent that the | 30081 |
| information is used in preparing reports under this section. | 30082 |
| Nothing in this division prohibits the department from | 30083 |
| providing patient-identifying information to other entities as it | 30084 |
| considers necessary to implement the statewide tracking and early | 30085 |
| intervention components of the program established under section | 30086 |
| 3701.504 of the Revised Code. Any entity that receives | 30087 |
| patient-identifying information from the department shall maintain | 30088 |
| the confidentiality of the information. | 30089 |
| Sec. 3701.57. All prosecutions and proceedings by the | 30090 |
| department of health for the violation of sections 3701.01 to | 30091 |
| 3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07 | 30092 |
| to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of | 30093 |
| the Revised Code, or for the violation of any of the orders or | 30094 |
| rules of the department, shall be instituted by the director of | 30095 |
| health. Except as provided in division (C) of section 3701.571 of | 30096 |
| the Revised Code, all fines or judgments the department collects | 30097 |
| shall be paid into the state treasury to the credit of the general | 30098 |
| revenue fund. | 30099 |
| The director of health, the board of health of a general or | 30100 |
| city health district, or any person charged with enforcing the | 30101 |
| rules of the department of health as provided in section 3701.56 | 30102 |
| of the Revised Code may petition the court of common pleas for | 30103 |
| injunctive or other appropriate relief requiring any person | 30104 |
|
violating a rule adopted by | 30105 |
| 30106 | |
| director of health under this chapter to comply with such rule or | 30107 |
| order. The court of common pleas of the county in which the | 30108 |
| offense is alleged to be occurring may grant such injunctive or | 30109 |
| other appropriate relief as the equities of the case require. | 30110 |
| Sec. 3701.63. (A) As used in this section and section 3701.64 | 30111 |
| of the Revised Code: | 30112 |
| (1) "Child day-care center," "type A family day-care home," | 30113 |
| and "certified type B family day-care home" have the same meanings | 30114 |
| as in section 5104.01 of the Revised Code. | 30115 |
| (2) "Child care facility" means a child day-care center, a | 30116 |
| type A family day-care home, or a certified type B family day-care | 30117 |
| home. | 30118 |
| (3) "Freestanding birthing center" has the same meaning as in | 30119 |
|
section | 30120 |
| (4) "Hospital" means a hospital classified pursuant to rules | 30121 |
| adopted under section 3701.07 of the Revised Code as a general | 30122 |
| hospital or children's hospital. | 30123 |
| (5) "Maternity unit" means any unit or place in a hospital | 30124 |
| where women are regularly received and provided care during all or | 30125 |
| part of the maternity cycle, except that "maternity unit" does not | 30126 |
| include an emergency department or similar place dedicated to | 30127 |
| providing emergency health care. | 30128 |
| (6) "Parent" means either parent, unless the parents are | 30129 |
| separated or divorced or their marriage has been dissolved or | 30130 |
| annulled, in which case "parent" means the parent who is the | 30131 |
| residential parent and legal custodian of the child. "Parent" also | 30132 |
| means a prospective adoptive parent with whom a child is placed. | 30133 |
| (7) "Shaken Baby Syndrome" means signs and symptoms, | 30134 |
| including, but not limited to, retinal hemorrhages in one or both | 30135 |
| eyes, subdural hematoma, or brain swelling, resulting from the | 30136 |
| violent shaking or the shaking and impacting of the head of an | 30137 |
| infant or small child. | 30138 |
| (B) The director of health shall establish the shaken baby | 30139 |
| syndrome education program by doing all of the following: | 30140 |
| (1) By not later than one year after February 29, 2008, | 30141 |
| developing educational materials that present readily | 30142 |
| comprehendible information on shaken baby syndrome; | 30143 |
| (2) Making available on the department of health web site in | 30144 |
| an easily accessible format the educational materials developed | 30145 |
| under division (B)(1) of this section; | 30146 |
| (3) Beginning in 2009, annually assessing the effectiveness | 30147 |
| of the shaken baby syndrome education program by evaluating the | 30148 |
| reports received pursuant to section 5101.135 of the Revised Code. | 30149 |
| (C) In meeting the requirements under division (B) of this | 30150 |
| section, the director shall not develop educational materials that | 30151 |
| will impose an administrative or financial burden on any of the | 30152 |
| entities or persons listed in section 3701.64 of the Revised Code. | 30153 |
| Sec. 3701.74. (A) As used in this section and section | 30154 |
| 3701.741 of the Revised Code: | 30155 |
| (1) "Ambulatory care facility" means a facility that provides | 30156 |
| medical, diagnostic, or surgical treatment to patients who do not | 30157 |
| require hospitalization, including a dialysis center, ambulatory | 30158 |
| surgical facility, cardiac catheterization facility, diagnostic | 30159 |
| imaging center, extracorporeal shock wave lithotripsy center, home | 30160 |
| health agency, inpatient hospice, birthing center, radiation | 30161 |
| therapy center, emergency facility, and an urgent care center. | 30162 |
| "Ambulatory care facility" does not include the private office of | 30163 |
| a physician or dentist, whether the office is for an individual or | 30164 |
| group practice. | 30165 |
| (2) "Chiropractor" means an individual licensed under Chapter | 30166 |
| 4734. of the Revised Code to practice chiropractic. | 30167 |
| (3) "Emergency facility" means a hospital emergency | 30168 |
| department or any other facility that provides emergency medical | 30169 |
| services. | 30170 |
| (4) "Health care practitioner" means all of the following: | 30171 |
| (a) A dentist or dental hygienist licensed under Chapter | 30172 |
| 4715. of the Revised Code; | 30173 |
| (b) A registered or licensed practical nurse licensed under | 30174 |
| Chapter 4723. of the Revised Code; | 30175 |
| (c) An optometrist licensed under Chapter 4725. of the | 30176 |
| Revised Code; | 30177 |
| (d) A dispensing optician, spectacle dispensing optician, | 30178 |
| contact lens dispensing optician, or spectacle-contact lens | 30179 |
| dispensing optician licensed under Chapter 4725. of the Revised | 30180 |
| Code; | 30181 |
| (e) A pharmacist licensed under Chapter 4729. of the Revised | 30182 |
| Code; | 30183 |
| (f) A physician; | 30184 |
| (g) A physician assistant authorized under Chapter 4730. of | 30185 |
| the Revised Code to practice as a physician assistant; | 30186 |
| (h) A practitioner of a limited branch of medicine issued a | 30187 |
| certificate under Chapter 4731. of the Revised Code; | 30188 |
| (i) A psychologist licensed under Chapter 4732. of the | 30189 |
| Revised Code; | 30190 |
| (j) A chiropractor; | 30191 |
| (k) A hearing aid dealer or fitter licensed under Chapter | 30192 |
| 4747. of the Revised Code; | 30193 |
| (l) A speech-language pathologist or audiologist licensed | 30194 |
| under Chapter 4753. of the Revised Code; | 30195 |
| (m) An occupational therapist or occupational therapy | 30196 |
| assistant licensed under Chapter 4755. of the Revised Code; | 30197 |
| (n) A physical therapist or physical therapy assistant | 30198 |
| licensed under Chapter 4755. of the Revised Code; | 30199 |
| (o) A professional clinical counselor, professional | 30200 |
| counselor, social worker, or independent social worker licensed, | 30201 |
| or a social work assistant registered, under Chapter 4757. of the | 30202 |
| Revised Code; | 30203 |
| (p) A dietitian licensed under Chapter 4759. of the Revised | 30204 |
| Code; | 30205 |
| (q) A respiratory care professional licensed under Chapter | 30206 |
| 4761. of the Revised Code; | 30207 |
| (r) An emergency medical technician-basic, emergency medical | 30208 |
| technician-intermediate, or emergency medical technician-paramedic | 30209 |
| certified under Chapter 4765. of the Revised Code. | 30210 |
| (5) "Health care provider" means a hospital, ambulatory care | 30211 |
| facility, long-term care facility, pharmacy, emergency facility, | 30212 |
| or health care practitioner. | 30213 |
| (6) "Hospital" has the same meaning as in section 3727.01 of | 30214 |
| the Revised Code. | 30215 |
| (7) "Long-term care facility" means a nursing home, | 30216 |
| residential care facility, or home for the aging, as those terms | 30217 |
|
are defined in section 3721.01 of the Revised Code; | 30218 |
| a residential facility | 30219 |
| 30220 | |
| supervision, and personal care services for three to sixteen | 30221 |
| unrelated adults; a nursing facility or intermediate care facility | 30222 |
| for the mentally retarded, as those terms are defined in section | 30223 |
| 5111.20 of the Revised Code; a facility or portion of a facility | 30224 |
| certified as a skilled nursing facility under Title XVIII of the | 30225 |
| "Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as | 30226 |
| amended. | 30227 |
| (8) "Medical record" means data in any form that pertains to | 30228 |
| a patient's medical history, diagnosis, prognosis, or medical | 30229 |
| condition and that is generated and maintained by a health care | 30230 |
| provider in the process of the patient's health care treatment. | 30231 |
| (9) "Medical records company" means a person who stores, | 30232 |
| locates, or copies medical records for a health care provider, or | 30233 |
| is compensated for doing so by a health care provider, and charges | 30234 |
| a fee for providing medical records to a patient or patient's | 30235 |
| representative. | 30236 |
| (10) "Patient" means either of the following: | 30237 |
| (a) An individual who received health care treatment from a | 30238 |
| health care provider; | 30239 |
| (b) A guardian, as defined in section 1337.11 of the Revised | 30240 |
| Code, of an individual described in division (A)(10)(a) of this | 30241 |
| section. | 30242 |
| (11) "Patient's personal representative" means a minor | 30243 |
| patient's parent or other person acting in loco parentis, a | 30244 |
| court-appointed guardian, or a person with durable power of | 30245 |
| attorney for health care for a patient, the executor or | 30246 |
| administrator of the patient's estate, or the person responsible | 30247 |
| for the patient's estate if it is not to be probated. "Patient's | 30248 |
| personal representative" does not include an insurer authorized | 30249 |
| under Title XXXIX of the Revised Code to do the business of | 30250 |
| sickness and accident insurance in this state, a health insuring | 30251 |
| corporation holding a certificate of authority under Chapter 1751. | 30252 |
| of the Revised Code, or any other person not named in this | 30253 |
| division. | 30254 |
| (12) "Pharmacy" has the same meaning as in section 4729.01 of | 30255 |
| the Revised Code. | 30256 |
| (13) "Physician" means a person authorized under Chapter | 30257 |
| 4731. of the Revised Code to practice medicine and surgery, | 30258 |
| osteopathic medicine and surgery, or podiatric medicine and | 30259 |
| surgery. | 30260 |
| (14) "Authorized person" means a person to whom a patient has | 30261 |
| given written authorization to act on the patient's behalf | 30262 |
| regarding the patient's medical record. | 30263 |
| (B) A patient, a patient's personal representative or an | 30264 |
| authorized person who wishes to examine or obtain a copy of part | 30265 |
| or all of a medical record shall submit to the health care | 30266 |
| provider a written request signed by the patient, personal | 30267 |
| representative, or authorized person dated not more than one year | 30268 |
| before the date on which it is submitted. The request shall | 30269 |
| indicate whether the copy is to be sent to the requestor, | 30270 |
| physician or chiropractor, or held for the requestor at the office | 30271 |
| of the health care provider. Within a reasonable time after | 30272 |
| receiving a request that meets the requirements of this division | 30273 |
| and includes sufficient information to identify the record | 30274 |
| requested, a health care provider that has the patient's medical | 30275 |
| records shall permit the patient to examine the record during | 30276 |
| regular business hours without charge or, on request, shall | 30277 |
| provide a copy of the record in accordance with section 3701.741 | 30278 |
| of the Revised Code, except that if a physician or chiropractor | 30279 |
| who has treated the patient determines for clearly stated | 30280 |
| treatment reasons that disclosure of the requested record is | 30281 |
| likely to have an adverse effect on the patient, the health care | 30282 |
| provider shall provide the record to a physician or chiropractor | 30283 |
| designated by the patient. The health care provider shall take | 30284 |
| reasonable steps to establish the identity of the person making | 30285 |
| the request to examine or obtain a copy of the patient's record. | 30286 |
| (C) If a health care provider fails to furnish a medical | 30287 |
| record as required by division (B) of this section, the patient, | 30288 |
| personal representative, or authorized person who requested the | 30289 |
| record may bring a civil action to enforce the patient's right of | 30290 |
| access to the record. | 30291 |
| (D)(1) This section does not apply to medical records whose | 30292 |
| release is covered by section 173.20 or 3721.13 of the Revised | 30293 |
| Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R. | 30294 |
| part 2, "Confidentiality of Alcohol and Drug Abuse Patient | 30295 |
| Records," or by 42 C.F.R. 483.10. | 30296 |
| (2) Nothing in this section is intended to supersede the | 30297 |
| confidentiality provisions of sections 2305.24, 2305.25, 2305.251, | 30298 |
| and 2305.252 of the Revised Code. | 30299 |
| Sec. 3701.87. The governor may authorize the department of | 30300 |
| health to enter into an agreement on behalf of the state with the | 30301 |
|
United States secretary of health | 30302 |
| services whereby the department may serve as the agency for review | 30303 |
| of proposed capital expenditures by health care facilities | 30304 |
| pursuant to section 1122 of the "Social Security Act" as amended | 30305 |
| by Public Law 92-603, 42 U.S.C. 1320a-1, and the regulations | 30306 |
| adopted thereunder. Such agreement shall be subject to and include | 30307 |
| the following terms and conditions: | 30308 |
| (A) All applications, notices, requests for information, and | 30309 |
| other official communications shall be on written forms prescribed | 30310 |
|
by and approved by the director of health | 30311 |
| 30312 |
| (B) The | 30313 |
| Revised Code, shall propose, modify, amend, and adopt rules, | 30314 |
| standards, guidelines, and official policies which are consistent | 30315 |
| with federal law, as it deems necessary to implement the capital | 30316 |
| expenditures review program. | 30317 |
| (C) The director shall make all findings and recommendations | 30318 |
| required by federal law and shall give due consideration to the | 30319 |
| findings, reviews, and comments of areawide health planning | 30320 |
| agencies performing reviews pursuant to section 314 (b)(2) of the | 30321 |
| "Public Health Service Act," 42 U.S.C. 246, or the appropriate | 30322 |
| health systems agency. | 30323 |
| (D) The findings and recommendations of the director shall be | 30324 |
| in writing and shall clearly specify the provisions of the state | 30325 |
| health facilities plan with which any application is found to be | 30326 |
| inconsistent. Any applicant adversely affected by the findings and | 30327 |
| recommendations of the director may request a hearing before the | 30328 |
| 30329 | |
|
findings and recommendations of the | 30330 |
| adjudication as defined in Chapter 119. of the Revised Code and | 30331 |
| may be appealed as provided in that chapter. | 30332 |
| Sec. 3701.881. (A) As used in this section: | 30333 |
| (1) "Applicant" means | 30334 |
| | 30335 |
| 30336 | |
| 30337 | |
| 30338 |
| | 30339 |
| 30340 | |
|
position that involves providing direct care to an | 30341 |
| individual or is referred to a home health agency by an employment | 30342 |
|
service for such a position. | 30343 |
| 30344 | |
| 30345 | |
| 30346 | |
| 30347 |
| (2) "Criminal records check" | 30348 |
|
same | 30349 |
| (3) "Direct care" means any of the following: | 30350 |
| (a) Any service identified in divisions (A)(6)(a) to (f) of | 30351 |
| this section that is provided in a patient's place of residence | 30352 |
| used as the patient's home; | 30353 |
| (b) Any activity that requires the person performing the | 30354 |
| activity to be routinely alone with a patient or to routinely have | 30355 |
| access to a patient's personal property or financial documents | 30356 |
| regarding a patient; | 30357 |
| (c) For each home health agency individually, any other | 30358 |
| routine service or activity that the chief administrator of the | 30359 |
| home health agency designates as direct care. | 30360 |
| (4) "Disqualifying offense" means any of the following: | 30361 |
| (a) One or more violations of section 959.13, 2903.01, | 30362 |
| 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, | 30363 |
| 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, | 30364 |
| 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, | 30365 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, | 30366 |
| 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, | 30367 |
| 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, | 30368 |
| 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 30369 |
| 2913.02, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, | 30370 |
| 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, | 30371 |
| 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, | 30372 |
| 2917.03, 2917.12, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, | 30373 |
| 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, | 30374 |
| 2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, | 30375 |
| 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, | 30376 |
| 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, | 30377 |
| 2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, | 30378 |
| 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; | 30379 |
| (b) One or more violations of felonious sexual penetration | 30380 |
| under former section 2907.12 of the Revised Code; | 30381 |
| (c) One or more violations of section 2905.04 of the Revised | 30382 |
| Code as it existed prior to July 1, 1996; | 30383 |
| (d) One violation of section 2925.11 of the Revised Code when | 30384 |
| the violation is not a minor drug possession offense; | 30385 |
| (e) Two or more violations of section 2925.11 of the Revised | 30386 |
| Code, regardless of whether any of the violations are a minor drug | 30387 |
| possession offense; | 30388 |
| (f) One or more violations of section 2923.01, 2923.02, or | 30389 |
| 2923.03 of the Revised Code when the underlying offense that is | 30390 |
| the object of the conspiracy, attempt, or complicity is one of the | 30391 |
| offenses listed in divisions (A)(3)(a) to (e) of this section; | 30392 |
| (g) One or more violations of an existing or former municipal | 30393 |
| ordinance or law of this state, any other state, or the United | 30394 |
| States that is substantially equivalent to any of the offenses | 30395 |
| listed in divisions (A)(3)(a) to (f) of this section. | 30396 |
| (5) "Employee" means a person employed by a home health | 30397 |
| agency in a full-time, part-time, or temporary position that | 30398 |
| involves providing direct care to an individual and a person who | 30399 |
| works in such a position due to being referred to a home health | 30400 |
| agency by an employment service. | 30401 |
| (6) "Home health agency" means a person or government entity, | 30402 |
| other than a nursing home, residential care facility, or hospice | 30403 |
| care program, that has the primary function of providing any of | 30404 |
| the following services to a patient at a place of residence used | 30405 |
| as the patient's home: | 30406 |
| (a) Skilled nursing care; | 30407 |
| (b) Physical therapy; | 30408 |
| (c) Speech-language pathology; | 30409 |
| (d) Occupational therapy; | 30410 |
| (e) Medical social services; | 30411 |
| (f) Home health aide services. | 30412 |
| | 30413 |
|
services provided by an | 30414 |
| 30415 |
| (a) Hands-on bathing or assistance with a tub bath or shower; | 30416 |
| (b) Assistance with dressing, ambulation, and toileting; | 30417 |
| (c) Catheter care but not insertion; | 30418 |
| (d) Meal preparation and feeding. | 30419 |
| | 30420 |
| section 3712.01 of the Revised Code. | 30421 |
| | 30422 |
| social worker under the direction of a patient's attending | 30423 |
| physician. | 30424 |
| | 30425 |
| as in section 2925.01 of the Revised Code. | 30426 |
| | 30427 |
| "skilled nursing care" have the same meanings as in section | 30428 |
| 3721.01 of the Revised Code. | 30429 |
| | 30430 |
| section 4755.04 of the Revised Code. | 30431 |
| | 30432 |
| section 4755.40 of the Revised Code. | 30433 |
| | 30434 |
| Chapter 4757. of the Revised Code to practice as a social worker | 30435 |
| or independent social worker. | 30436 |
| | 30437 |
| in section 4753.01 of the Revised Code. | 30438 |
| (B) No home health agency shall employ an applicant or | 30439 |
| continue to employ an employee in a position that involves | 30440 |
| providing direct care to an individual if any of the following | 30441 |
| apply: | 30442 |
| (1) A review of the databases listed in division (D) of this | 30443 |
| section reveals any of the following: | 30444 |
| (a) That the applicant or employee is included in one or more | 30445 |
| of the databases listed in divisions (D)(1) to (5) of this | 30446 |
| section; | 30447 |
| (b) That there is in the state nurse aide registry | 30448 |
| established under section 3721.32 of the Revised Code a statement | 30449 |
| detailing findings by the director of health that the applicant or | 30450 |
| employee neglected or abused a long-term care facility or | 30451 |
| residential care facility resident or misappropriated property of | 30452 |
| such a resident; | 30453 |
| (c) That the applicant or employee is included in one or more | 30454 |
| of the databases, if any, specified in rules adopted under this | 30455 |
| section and the rules prohibit the home health agency from | 30456 |
| employing an applicant or continuing to employ an employee | 30457 |
| included in such a database in a position that involves providing | 30458 |
| direct care to an individual. | 30459 |
| (2) After the applicant or employee is provided, pursuant to | 30460 |
| division (E)(2)(a) of this section, a copy of the form prescribed | 30461 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 30462 |
| and the standard impression sheet prescribed pursuant to division | 30463 |
| (C)(2) of that section, the applicant or employee fails to | 30464 |
| complete the form or provide the applicant's or employee's | 30465 |
| fingerprint impressions on the standard impression sheet. | 30466 |
| (3) Except as provided in rules adopted under this section, | 30467 |
| the applicant or employee is found by a criminal records check | 30468 |
| required by this section to have been convicted of, pleaded guilty | 30469 |
| to, or been found eligible for intervention in lieu of conviction | 30470 |
| for a disqualifying offense. | 30471 |
| (C) Except as provided by division (F) of this section, the | 30472 |
| chief administrator of a home health agency shall inform each | 30473 |
| applicant of both of the following at the time of the applicant's | 30474 |
| initial application for employment or referral to the home health | 30475 |
| agency by an employment service for a position that involves | 30476 |
| providing direct care to an individual: | 30477 |
| (1) That a review of the databases listed in division (D) of | 30478 |
| this section will be conducted to determine whether the home | 30479 |
| health agency is prohibited by division (B)(1) of this section | 30480 |
| from employing the applicant in the position; | 30481 |
| (2) That, unless the database review reveals that the | 30482 |
| applicant may not be employed in the position, a criminal records | 30483 |
| check of the applicant will be conducted and the applicant is | 30484 |
| required to provide a set of the applicant's fingerprint | 30485 |
| impressions as part of the criminal records check. | 30486 |
| (D) As a condition of employing any applicant in a position | 30487 |
| that involves providing direct care to an individual, the chief | 30488 |
| administrator of a home health agency shall conduct a database | 30489 |
| review of the applicant in accordance with rules adopted under | 30490 |
| this section. If rules adopted under this section so require, the | 30491 |
| chief administrator of a home health agency shall conduct a | 30492 |
| database review of an employee in accordance with the rules as a | 30493 |
| condition of continuing to employ the employee in a position that | 30494 |
| involves providing direct care to an individual. However, the | 30495 |
| chief administrator is not required to conduct a database review | 30496 |
| of an applicant or employee if division (F) of this section | 30497 |
| applies. A database review shall determine whether the applicant | 30498 |
| or employee is included in any of the following: | 30499 |
| (1) The excluded parties list system maintained by the United | 30500 |
| States general services administration pursuant to subpart 9.4 of | 30501 |
| the federal acquisition regulation; | 30502 |
| (2) The list of excluded individuals and entities maintained | 30503 |
| by the office of inspector general in the United States department | 30504 |
| of health and human services pursuant to section 1128 of the | 30505 |
| "Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as | 30506 |
| amended, and section 1156 of the "Social Security Act," 96 Stat. | 30507 |
| 388 (1982), 42 U.S.C. 1320c-5, as amended; | 30508 |
| (3) The registry of MR/DD employees established under section | 30509 |
| 5123.52 of the Revised Code; | 30510 |
| (4) The internet-based sex offender and child-victim offender | 30511 |
| database established under division (A)(11) of section 2950.13 of | 30512 |
| the Revised Code; | 30513 |
| (5) The internet-based database of inmates established under | 30514 |
| section 5120.66 of the Revised Code; | 30515 |
| (6) The state nurse aide registry established under section | 30516 |
| 3721.32 of the Revised Code; | 30517 |
| (7) Any other database, if any, specified in rules adopted | 30518 |
| under this section. | 30519 |
| (E)(1) | 30520 |
| a condition of employing any applicant in a position that involves | 30521 |
| providing direct care to an individual, the chief administrator of | 30522 |
| a home health agency shall request the superintendent of the | 30523 |
| bureau of criminal identification and investigation to conduct a | 30524 |
|
criminal records check | 30525 |
| 30526 | |
| 30527 | |
| 30528 | |
| 30529 | |
| 30530 | |
| chief administrator of a home health agency shall request the | 30531 |
| superintendent to conduct a criminal records check of an employee | 30532 |
| at times specified in the rules as a condition of continuing to | 30533 |
| employ the employee in a position that involves providing direct | 30534 |
| care to an individual. However, the chief administrator is not | 30535 |
| required to request the criminal records check of the applicant or | 30536 |
| the employee if division (F) of this section applies or the home | 30537 |
| health agency is prohibited by division (B)(1) of this section | 30538 |
| from employing the applicant or continuing to employ the employee | 30539 |
| in a position that involves providing direct care to an | 30540 |
| individual. If an applicant or employee for whom a criminal | 30541 |
|
records check request is required | 30542 |
| does not present proof of having been a resident of this state for | 30543 |
| the five-year period immediately prior to the date upon which the | 30544 |
| criminal records check is requested or does not provide evidence | 30545 |
| that within that five-year period the superintendent has requested | 30546 |
| information about the applicant from the federal bureau of | 30547 |
| investigation in a criminal records check, the chief administrator | 30548 |
| shall request that the superintendent obtain information from the | 30549 |
| federal bureau of investigation as a part of the criminal records | 30550 |
|
check | 30551 |
|
a criminal records check request is required | 30552 |
| 30553 | |
| been a resident of this state for that five-year period, the chief | 30554 |
| administrator may request that the superintendent include | 30555 |
| information from the federal bureau of investigation in the | 30556 |
| criminal records check. | 30557 |
| (2) | 30558 |
| 30559 | |
| 30560 |
| (a) Provide to each applicant and employee for whom a | 30561 |
|
criminal records check request is required | 30562 |
| this section a copy of the form prescribed pursuant to division | 30563 |
| (C)(1) of section 109.572 of the Revised Code and a standard | 30564 |
| impression sheet prescribed pursuant to division (C)(2) of that | 30565 |
|
section
| 30566 |
| (b) Obtain the completed form and standard impression sheet | 30567 |
|
from each applicant | 30568 |
| (c) Forward the completed form and standard impression sheet | 30569 |
|
to the superintendent | 30570 |
| 30571 | |
|
criminal records check | 30572 |
| 30573 |
| (3) | 30574 |
| 30575 | |
| 30576 | |
| 30577 | |
| 30578 | |
| 30579 | |
| 30580 | |
| 30581 | |
| 30582 | |
| 30583 | |
| 30584 | |
| 30585 | |
| 30586 |
| | 30587 |
| 30588 | |
| 30589 | |
| 30590 | |
| 30591 | |
| 30592 |
| | 30593 |
| 30594 | |
| 30595 | |
| 30596 | |
| 30597 | |
| 30598 | |
| 30599 | |
| 30600 | |
| 30601 | |
| 30602 | |
| 30603 | |
| 30604 | |
| 30605 | |
| 30606 | |
| 30607 | |
| 30608 |
| | 30609 |
| 30610 | |
| 30611 | |
| 30612 |
| | 30613 |
| 30614 | |
| 30615 | |
| 30616 | |
| 30617 | |
| 30618 |
| | 30619 |
| 30620 | |
| 30621 | |
| 30622 | |
| 30623 | |
| 30624 | |
| 30625 | |
| 30626 | |
| 30627 |
| | 30628 |
| 30629 | |
| 30630 | |
| 30631 |
| | 30632 |
| criminal identification and investigation the fee prescribed | 30633 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 30634 |
| for each criminal records check the agency requests under this | 30635 |
| section. A home health agency may charge an applicant a fee not | 30636 |
| exceeding the amount the agency pays to the bureau under this | 30637 |
| section if both of the following apply: | 30638 |
| (a) The home health agency notifies the applicant at the time | 30639 |
| of initial application for employment of the amount of the fee and | 30640 |
| that, unless the fee is paid, the applicant will not be considered | 30641 |
| for employment. | 30642 |
| (b) The medicaid program established under Chapter 5111. of | 30643 |
| the Revised Code does not reimburse the home health agency for the | 30644 |
| fee it pays to the bureau under this section. | 30645 |
| (F) Divisions (C) to (E) of this section do not apply with | 30646 |
| regard to an applicant or employee if the applicant or employee is | 30647 |
| referred to a home health agency by an employment service that | 30648 |
| supplies full-time, part-time, or temporary staff for positions | 30649 |
| that involve providing direct care to an individual and both of | 30650 |
| the following apply: | 30651 |
| (1) The chief administrator of the home health agency | 30652 |
| receives from the employment service confirmation that a review of | 30653 |
| the databases listed in division (D) of this section was conducted | 30654 |
| with regard to the applicant or employee. | 30655 |
| (2) The chief administrator of the home health agency | 30656 |
| receives from the employment service, applicant, or employee a | 30657 |
| report of the results of a criminal records check of the applicant | 30658 |
| or employee that has been conducted by the superintendent within | 30659 |
| the one-year period immediately preceding the following: | 30660 |
| (a) In the case of an applicant, the date of the applicant's | 30661 |
| referral by the employment service to the home health agency; | 30662 |
| (b) In the case of an employee, the date by which the home | 30663 |
| health agency would otherwise have to request a criminal records | 30664 |
| check of the employee under division (E) of this section. | 30665 |
| (G)(1) A home health agency may employ conditionally an | 30666 |
| applicant for whom a criminal records check request is required | 30667 |
| 30668 | |
| 30669 | |
| 30670 | |
| 30671 | |
| the criminal records check if the agency is not prohibited by | 30672 |
| division (B) of this section from employing the applicant in a | 30673 |
| position that involves providing direct care to an individual and | 30674 |
| either of the following applies: | 30675 |
| (a) The chief administrator of the home health agency | 30676 |
| requests the criminal records check in accordance with division | 30677 |
| (E) of this section not later than five business days after the | 30678 |
| applicant begins conditional employment. | 30679 |
| (b) The applicant is referred to the home health agency by an | 30680 |
| employment service, the employment service or the applicant | 30681 |
| provides the chief administrator of the agency a letter that is on | 30682 |
| the letterhead of the employment service, the letter is dated and | 30683 |
| signed by a supervisor or another designated official of the | 30684 |
| employment service, and the letter states all of the following: | 30685 |
| (i) That the employment service has requested the | 30686 |
| superintendent to conduct a criminal records check regarding the | 30687 |
| applicant; | 30688 |
| (ii) That the requested criminal records check is to include | 30689 |
| a determination of whether the applicant has been convicted of, | 30690 |
| pleaded guilty to, or been found eligible for intervention in lieu | 30691 |
| of conviction for a disqualifying offense; | 30692 |
| (iii) That the employment service has not received the | 30693 |
| results of the criminal records check as of the date set forth on | 30694 |
| the letter; | 30695 |
| (iv) That the employment service promptly will send a copy of | 30696 |
| the results of the criminal records check to the chief | 30697 |
| administrator of the home health agency when the employment | 30698 |
| service receives the results. | 30699 |
| (2) If a home health agency employs an applicant | 30700 |
| conditionally pursuant to division (G)(1)(b) of this section, the | 30701 |
| employment service, on its receipt of the results of the criminal | 30702 |
| records check, promptly shall send a copy of the results to the | 30703 |
|
chief administrator of the agency. | 30704 |
| 30705 | |
| 30706 | |
| 30707 | |
| 30708 | |
| 30709 |
| | 30710 |
| 30711 | |
| 30712 | |
| 30713 | |
| 30714 | |
| 30715 | |
| 30716 | |
| 30717 | |
| 30718 | |
| 30719 | |
| 30720 | |
| 30721 | |
| 30722 | |
| 30723 | |
| 30724 | |
| 30725 | |
| 30726 | |
| 30727 | |
| 30728 | |
| 30729 | |
| 30730 | |
| 30731 | |
| 30732 | |
| 30733 | |
| 30734 | |
| 30735 | |
| 30736 | |
| 30737 | |
| 30738 |
| | 30739 |
| applicant conditionally | 30740 |
| 30741 | |
| 30742 | |
|
records check | 30743 |
| 30744 | |
| the results of any request for information from the federal bureau | 30745 |
| of investigation, are not obtained within the period ending thirty | 30746 |
| days after the date the request for the criminal records check is | 30747 |
| made. Regardless of when the results of the criminal records check | 30748 |
|
are obtained, if the
| 30749 |
| 30750 | |
| 30751 | |
|
been convicted of
| 30752 |
| 30753 | |
| 30754 | |
| 30755 | |
| 30756 | |
| 30757 | |
| 30758 | |
| 30759 | |
| intervention in lieu of conviction for a disqualifying offense, | 30760 |
|
the
home health agency shall terminate the | 30761 |
| applicant's employment unless circumstances specified in rules | 30762 |
| adopted under this section that permit the agency to employ the | 30763 |
|
applicant exist and the agency chooses to employ the | 30764 |
| 30765 | |
| employment under this division shall be considered just cause for | 30766 |
| discharge for purposes of division (D)(2) of section 4141.29 of | 30767 |
|
the Revised Code if the
| 30768 |
|
deceive the home health agency about the
| 30769 |
| criminal record. | 30770 |
| | 30771 |
| 30772 | |
| 30773 | |
| 30774 | |
| 30775 | |
| 30776 |
| | 30777 |
| 30778 | |
| 30779 | |
| 30780 | |
| 30781 | |
| 30782 | |
| 30783 | |
| 30784 | |
| 30785 | |
| 30786 | |
| 30787 |
| | 30788 |
| the bureau of criminal identification and investigation in | 30789 |
| accordance with section 109.572 of the Revised Code and pursuant | 30790 |
|
to a request made under | 30791 |
| public record for the purposes of section 149.43 of the Revised | 30792 |
| Code and shall not be made available to any person other than the | 30793 |
| following: | 30794 |
| (1) The | 30795 |
|
of the criminal records check or the | 30796 |
| employee's representative; | 30797 |
| (2) The home health agency requesting the criminal records | 30798 |
| check or its representative; | 30799 |
| (3) The administrator of any other facility, agency, or | 30800 |
|
program that provides direct care to | 30801 |
| is owned or operated by the same entity that owns or operates the | 30802 |
| home health agency that requested the criminal records check; | 30803 |
| (4) The employment service that requested the criminal | 30804 |
| records check; | 30805 |
| (5) Any court, hearing officer, or other necessary individual | 30806 |
|
involved in a case dealing with | 30807 |
| (a) A denial of employment of the applicant or | 30808 |
| 30809 |
| (b) Employment or unemployment benefits of the applicant or | 30810 |
| employee; | 30811 |
| | 30812 |
| 30813 | |
| 30814 | |
| program. | 30815 |
| | 30816 |
| 30817 | |
| 30818 | |
| 30819 | |
| 30820 | |
| 30821 | |
| 30822 | |
| 30823 | |
| 30824 | |
| 30825 |
| | 30826 |
| 30827 | |
| 30828 | |
| 30829 | |
| 30830 | |
| 30831 | |
| 30832 | |
| 30833 | |
| 30834 |
| | 30835 |
| brought as the result of an injury, death, or loss to person or | 30836 |
|
property caused by an | 30837 |
| health agency employs in a position that involves providing direct | 30838 |
|
care to | 30839 |
| apply: | 30840 |
| (1) If the home health agency employed the | 30841 |
| applicant or employee in good faith and reasonable reliance on the | 30842 |
| report of a criminal records check requested under this section, | 30843 |
| the agency shall not be found negligent solely because of its | 30844 |
| reliance on the report, even if the information in the report is | 30845 |
|
determined later to have been incomplete or inaccurate | 30846 |
| (2) If the home health agency employed the | 30847 |
| applicant in good faith on a conditional basis pursuant to | 30848 |
|
division
| 30849 |
|
found negligent solely because it employed the | 30850 |
| applicant prior to receiving the report of a criminal records | 30851 |
|
check requested under this section | 30852 |
| (3) If the home health agency in good faith employed the | 30853 |
| 30854 | |
|
character standards established in rules adopted under | 30855 |
| 30856 | |
|
solely because the | 30857 |
|
employee had been convicted of | 30858 |
| found eligible for intervention in lieu of conviction for a | 30859 |
|
disqualifying offense | 30860 |
| 30861 |
| | 30862 |
| 30863 | |
| 30864 | |
| 30865 | |
| 30866 | |
| 30867 | |
| 30868 | |
| 30869 |
| | 30870 |
| 30871 | |
| 30872 | |
| 30873 | |
| 30874 |
| | 30875 |
| 30876 | |
| 30877 | |
| 30878 | |
| 30879 | |
| 30880 | |
| 30881 |
| | 30882 |
| 30883 | |
| 30884 | |
| 30885 | |
| 30886 | |
| 30887 | |
| 30888 | |
| 30889 | |
| 30890 | |
| 30891 | |
| 30892 | |
| 30893 | |
| 30894 | |
| 30895 | |
| 30896 | |
| 30897 | |
| 30898 | |
| 30899 | |
| 30900 | |
| 30901 | |
| 30902 | |
| 30903 | |
| 30904 | |
| 30905 | |
| 30906 | |
| 30907 | |
| 30908 | |
| 30909 | |
| 30910 |
| | 30911 |
| 30912 | |
| 30913 | |
| 30914 | |
| 30915 | |
| 30916 | |
| 30917 | |
| 30918 | |
| 30919 | |
| 30920 | |
| 30921 |
| | 30922 |
| 30923 | |
| 30924 |
| | 30925 |
| 30926 | |
| 30927 | |
| 30928 | |
| 30929 | |
| 30930 | |
| 30931 |
| | 30932 |
| 30933 | |
| 30934 | |
| 30935 | |
| 30936 | |
| 30937 | |
| 30938 | |
| 30939 | |
| 30940 | |
| 30941 | |
| 30942 | |
| 30943 | |
| 30944 | |
| 30945 | |
| 30946 | |
| 30947 | |
| 30948 | |
| 30949 | |
| 30950 | |
| 30951 | |
| 30952 | |
| 30953 | |
| 30954 | |
| 30955 | |
| 30956 | |
| 30957 | |
| 30958 | |
| 30959 | |
| 30960 | |
| 30961 | |
| 30962 |
| (J) The director of health shall adopt rules in accordance | 30963 |
| with Chapter 119. of the Revised Code to implement this section. | 30964 |
| (1) The rules may do the following: | 30965 |
| (a) Require employees to undergo database reviews and | 30966 |
| criminal records checks under this section; | 30967 |
| (b) If the rules require employees to undergo database | 30968 |
| reviews and criminal records checks under this section, exempt one | 30969 |
| or more classes of employees from the requirements; | 30970 |
| (c) For the purpose of division (D)(7) of this section, | 30971 |
| specify other databases that are to be checked as part of a | 30972 |
| database review conducted under this section. | 30973 |
| (2) The rules shall specify all of the following: | 30974 |
| (a) The procedures for conducting database reviews under this | 30975 |
| section; | 30976 |
| (b) If the rules require employees to undergo database | 30977 |
| reviews and criminal records checks under this section, the times | 30978 |
| at which the database reviews and criminal records checks are to | 30979 |
| be conducted; | 30980 |
| (c) If the rules specify other databases to be checked as | 30981 |
| part of the database reviews, the circumstances under which a home | 30982 |
| health agency is prohibited from employing an applicant or | 30983 |
| continuing to employ an employee who is found by a database review | 30984 |
| to be included in one or more of those databases; | 30985 |
| (d) Circumstances under which a home health agency may employ | 30986 |
| an applicant or employee who is found by a criminal records check | 30987 |
| required by this section to have been convicted of, pleaded guilty | 30988 |
| to, or been found eligible for intervention in lieu of conviction | 30989 |
| for a disqualifying offense but meets personal character | 30990 |
| standards. | 30991 |
| | 30992 |
| 3701.921 to 3701.929 of the Revised Code: | 30993 |
| (A) "Advanced practice nurse" has the same meaning as in | 30994 |
| section 4723.01 of the Revised Code. | 30995 |
| (B) | 30996 |
| 30997 |
| | 30998 |
|
means the entity established under section | 30999 |
|
Revised Code | 31000 |
| 31001 |
| (D) "Patient centered medical home education program" means | 31002 |
| the program established under section 3701.921 of the Revised Code | 31003 |
| and any pilot projects operated pursuant to that section. | 31004 |
| (E) "Patient centered medical home education pilot project" | 31005 |
|
means the pilot project established under section | 31006 |
| of the Revised Code. | 31007 |
| (F) "Physician assistant" has the same meaning as in section | 31008 |
| 4730.01 of the Revised Code. | 31009 |
| Sec. 3701.921. There is hereby established the patient | 31010 |
| centered medical home education program in the department of | 31011 |
| health. For the purpose of advancing education in the patient | 31012 |
| centered medical home model of care, the director of health may | 31013 |
| implement and administer the program pursuant to sections 3701.922 | 31014 |
| to 3701.929 of the Revised Code. The patient centered medical home | 31015 |
| model of care is an enhanced model of primary care in which care | 31016 |
| teams attend to the multifaceted needs of patients, providing | 31017 |
| whole person comprehensive and coordinate patient centered care. | 31018 |
| To the extent that funds are available, the program shall | 31019 |
| include the patient centered medical home education pilot project | 31020 |
| and may include any other pilot projects the director establishes | 31021 |
| pursuant to division (A)(3) of section 3701.922 of the Revised | 31022 |
| Code. | 31023 |
| Sec. 3701.922. (A) The director of health may do any of the | 31024 |
| following to implement and administer the patient centered medical | 31025 |
| home education program: | 31026 |
| (1) Develop and implement programs of education or training | 31027 |
| on the patient centered medical home model of care or other | 31028 |
| similar enhanced models of coordinated patient centered care that | 31029 |
| are intended to address the multifaceted needs of patients and | 31030 |
| provide whole person comprehensive and coordinated patient | 31031 |
| centered care; | 31032 |
| (2) Advise, consult, cooperate with, and assist, by contract | 31033 |
| or other arrangement, government agencies or institutions or | 31034 |
| private organizations, corporations, or associations in the | 31035 |
| development and promotion of programs pertaining to the evaluation | 31036 |
| and implementation of the patient centered medical home model of | 31037 |
| care or other similar enhanced models of coordinated patient | 31038 |
| centered care; | 31039 |
| (3) Establish pilot projects that do any of the following: | 31040 |
| (a) Evaluate or implement the patient centered medical home | 31041 |
| model of care or other similar enhanced models of coordinated | 31042 |
| patient centered care; | 31043 |
| (b) Provide education or training on the patient centered | 31044 |
| medical home model of care or other similar enhanced models of | 31045 |
| coordinated patient centered care. | 31046 |
| (4) Seek and administer state funds or grants from other | 31047 |
| sources to carry out any functions of the patient centered medical | 31048 |
| home education program. | 31049 |
| Any funds or grants received by the director for purposes of | 31050 |
| the program shall be used for the program. | 31051 |
| (B) The director may adopt rules as necessary to implement | 31052 |
| and administer the patient centered medical home education | 31053 |
| program, including rules that define what constitutes a "patient | 31054 |
| centered medical home" for purposes of an entity authorized to | 31055 |
| provide care coordination services. The rules shall be adopted in | 31056 |
| accordance with Chapter 119. of the Revised Code. | 31057 |
| | 31058 |
| 31059 | |
| 31060 | |
| 31061 |
| | 31062 |
| 31063 | |
| 31064 | |
| 31065 | |
| 31066 | |
| 31067 |
| | 31068 |
| health shall establish the patient centered medical home education | 31069 |
| pilot project. If the director establishes the project, all of the | 31070 |
| following apply: | 31071 |
| (1) The director shall select practices led by physicians and | 31072 |
| primary care practices led by advanced practice nurses to | 31073 |
| participate in the project. The director may consider the | 31074 |
| recommendations of the advisory group made in accordance with | 31075 |
| section 3701.925 of the Revised Code, but may not select a | 31076 |
| practice unless the practice complies with any applicable | 31077 |
| requirements under section 3701.926 of the Revised Code. | 31078 |
| (2) The director shall conduct the project in a manner that | 31079 |
| advances education in the patient centered medical home model of | 31080 |
| care. | 31081 |
| (3) The director shall evaluate all of the following: | 31082 |
| (a) Learning opportunities generated by the project; | 31083 |
| (b) Training of physicians and advanced practice nurses under | 31084 |
| the project; | 31085 |
| (c) Costs of the project; | 31086 |
| (d) The extent to which the project met the expected outcomes | 31087 |
| developed under division (A) of section 3701.924 of the Revised | 31088 |
| Code. | 31089 |
| (4) The director shall assess and review results of the | 31090 |
| project. | 31091 |
| (5) The director shall recommend best practices and | 31092 |
| opportunities for improving technology, education, comprehensive | 31093 |
| training, consultation, and technical assistance for health care | 31094 |
| service providers in the patient centered medical home model of | 31095 |
| care. | 31096 |
| (B) The director may contract with an entity that has | 31097 |
| significant experience in assisting physician-led practices and | 31098 |
| advanced practice nurse-led primary care practices in | 31099 |
| transitioning to the patient centered medical home model of care. | 31100 |
| The contract shall require the entity to do both of the following: | 31101 |
| (1) Provide, to each practice that enters into a contract | 31102 |
| with the director pursuant to section 3701.927 of the Revised | 31103 |
| Code, comprehensive training, consultation, and technical | 31104 |
| assistance in the operation of a patient centered medical home, | 31105 |
| including assistance with leadership training, scheduling changes, | 31106 |
| staff support, and care management for chronic health conditions; | 31107 |
| (2) Assist the director in identifying necessary financial | 31108 |
| and operational requirements and any barriers or challenges | 31109 |
| associated with transitioning to a patient centered medical home | 31110 |
| model of care. | 31111 |
| (C) The project established under this section shall begin | 31112 |
| not later than the date the first practice enters into a contract | 31113 |
| with the director pursuant to section 3701.927 of the Revised Code | 31114 |
| and shall cease not later than the date the final report is | 31115 |
| submitted pursuant to division (B)(3) of section 3701.929 of the | 31116 |
| Revised Code. | 31117 |
| (D) The | 31118 |
| requires a patient, unless otherwise required by the Revised Code, | 31119 |
| to receive a referral from a physician in a practice selected for | 31120 |
| inclusion in the pilot project under division (A)(1) of this | 31121 |
|
section | 31122 |
| authorized to receive specialized health care services from an | 31123 |
| individual licensed or certified under Title XLVII of the Revised | 31124 |
| Code to provide those services. | 31125 |
| | 31126 |
| education advisory group is hereby created for the purpose of | 31127 |
| 31128 | |
| the implementation and administration of the patient centered | 31129 |
|
medical home | 31130 |
| shall develop and provide to the director a set of expected | 31131 |
| outcomes for the pilot project. The advisory group shall consider | 31132 |
| and provide other recommendations to the director and complete | 31133 |
| other duties as the director considers appropriate. | 31134 |
| (B) The advisory group shall consist of the following | 31135 |
| members: | 31136 |
| (1) The following members appointed by the director of | 31137 |
| health: | 31138 |
| | 31139 |
|
education of primary care physicians | 31140 |
| by the dean of the university of Toledo college of medicine; | 31141 |
| | 31142 |
|
education of primary care physicians | 31143 |
| by the dean of the Boonshoft school of medicine at Wright state | 31144 |
| university; | 31145 |
| | 31146 |
|
education of primary care physicians | 31147 |
| by the president and dean of the northeast Ohio medical | 31148 |
| university; | 31149 |
| | 31150 |
|
education of primary care physicians | 31151 |
| by the dean of the Ohio university college of osteopathic | 31152 |
| medicine; | 31153 |
| | 31154 |
| board of the Ohio academy of family physicians; | 31155 |
| | 31156 |
| board of the Ohio chapter of the American college of physicians; | 31157 |
| | 31158 |
| board of the Ohio chapter of the American academy of pediatrics; | 31159 |
| | 31160 |
| board of the Ohio osteopathic association; | 31161 |
| | 31162 |
|
education of advanced practice nurses | 31163 |
| recommended by the governing board of the Ohio council of deans | 31164 |
| and directors of baccalaureate and higher degree programs in | 31165 |
| nursing; | 31166 |
| | 31167 |
| board of the Ohio nurses association; | 31168 |
| | 31169 |
| board of the Ohio association of advanced practice nurses; | 31170 |
| | 31171 |
| board of the Ohio council for home care and hospice; | 31172 |
| | 31173 |
| superintendent of insurance; | 31174 |
| (n) An employee of the department of health; | 31175 |
| (o) Not more than five additional members who have relevant | 31176 |
| expertise that the director considers appropriate. | 31177 |
| | 31178 |
| 31179 |
| | 31180 |
| the director's designee; | 31181 |
| | 31182 |
| director's designee; | 31183 |
| | 31184 |
| chancellor's designee; | 31185 |
| | 31186 |
| services who serves as the director of medicaid, or the director's | 31187 |
|
designee | 31188 |
| | 31189 |
| | 31190 |
| 31191 | |
| 31192 | |
| 31193 | |
| 31194 |
| (C)(1) In making the original appointments of the members | 31195 |
| specified in divisions (B)(1)(a) to (m) of this section, the | 31196 |
| director shall appoint the member who served in that capacity in | 31197 |
| the patient centered medical home advisory group, as it existed | 31198 |
| immediately prior to the effective date of this section. If for | 31199 |
| any reason the member who served immediately prior to the | 31200 |
| effective date of this section is unable to serve on the advisory | 31201 |
| group, the director shall request from the specified recommending | 31202 |
| authority a list of not less than two persons qualified to serve | 31203 |
| as members of the advisory group. The director shall appoint as a | 31204 |
| member one person from the list submitted by the recommending | 31205 |
| authority. | 31206 |
| (2) The advisory group members specified in divisions | 31207 |
| (B)(1)(a) to (m) of this section shall serve at the pleasure of | 31208 |
| the director, in consultation with their respective recommending | 31209 |
| authorities. | 31210 |
| (3) Vacancies shall be filled in the manner provided for | 31211 |
| original appointments. | 31212 |
| (D) Members shall serve without compensation, except to the | 31213 |
| extent that serving on the advisory group is considered part of | 31214 |
| their regular employment duties. | 31215 |
| (E) The | 31216 |
| 31217 | |
|
vice-chairperson. | 31218 |
| 31219 |
| A majority of the members of the advisory group constitutes a | 31220 |
|
quorum | 31221 |
|
quorum is necessary for the advisory group to | 31222 |
| 31223 | |
| 31224 | |
| 31225 | |
| 31226 | |
| make any recommendations to the director. | 31227 |
| The advisory group shall meet | 31228 |
| 31229 | |
| 31230 | |
| call the advisory group to meet not less than annually to discuss | 31231 |
| or consider recommendations to the director on the administration | 31232 |
| of the patient centered medical home education program. | 31233 |
| (F) Sections 101.82 to 101.87 of the Revised Code do not | 31234 |
| apply to the advisory group. | 31235 |
| | 31236 |
| education advisory group shall accept applications for inclusion | 31237 |
| in the patient centered medical home education pilot project from | 31238 |
| primary care practices with educational affiliations, as | 31239 |
| determined by the advisory group, with one or more of the | 31240 |
| following: | 31241 |
| (1) The Boonshoft school of medicine at Wright state | 31242 |
| university; | 31243 |
| (2) The university of Toledo college of medicine; | 31244 |
| (3) The northeast Ohio medical university; | 31245 |
| (4) The Ohio university college of osteopathic medicine; | 31246 |
| (5) The college of nursing at the university of Toledo; | 31247 |
| (6) The Wright state university college of nursing and | 31248 |
| health; | 31249 |
| (7) The college of nursing at Kent state university; | 31250 |
| (8) The university of Akron college of nursing; | 31251 |
| (9) The school of nursing at Ohio university. | 31252 |
| (B)(1) Subject to division (C)(1) of this section, the | 31253 |
|
advisory group shall | 31254 |
|
for inclusion in the pilot project not
| 31255 |
|
following number of | 31256 |
| (a) Ten practices affiliated with the Boonshoft school of | 31257 |
| medicine at Wright state university; | 31258 |
| (b) Ten practices affiliated with the university of Toledo | 31259 |
| college of medicine; | 31260 |
| (c) Ten practices affiliated with the northeast Ohio medical | 31261 |
| university; | 31262 |
| (d) Ten practices affiliated with the centers for osteopathic | 31263 |
| research and education of the Ohio university college of | 31264 |
| osteopathic medicine. | 31265 |
| (2) Subject to division (C)(2) of this section, the advisory | 31266 |
|
group shall | 31267 |
| inclusion in the pilot project not less than the following number | 31268 |
|
of | 31269 |
| practice nurses: | 31270 |
| (a) One practice affiliated with the college of nursing at | 31271 |
| the university of Toledo; | 31272 |
| (b) One practice affiliated with the Wright state university | 31273 |
| college of nursing and health; | 31274 |
| (c) One practice affiliated with the college of nursing at | 31275 |
| Kent state university or the university of Akron college of | 31276 |
| nursing; | 31277 |
| (d) One practice affiliated with the school of nursing at | 31278 |
| Ohio university. | 31279 |
| (C)(1) All of the following apply with respect to the | 31280 |
| 31281 | |
| under division (B) of this section: | 31282 |
| (a) The advisory group shall strive to | 31283 |
| recommend physician-led practices in such a manner that the pilot | 31284 |
| project includes a diverse range of primary care specialties, | 31285 |
| including practices specializing in pediatrics, geriatrics, | 31286 |
| general internal medicine, or family medicine. | 31287 |
| (b) When evaluating an application, the advisory group shall | 31288 |
|
consider the percentage of patients in the | 31289 |
| practice who are part of a medically underserved population, | 31290 |
| including medicaid recipients and individuals without health | 31291 |
| insurance. | 31292 |
| (c) The advisory group shall | 31293 |
| six practices that serve rural areas of this state, as those areas | 31294 |
| are determined by the advisory group. | 31295 |
| (d) A member of the advisory group shall abstain from | 31296 |
|
participating in any vote taken regarding the | 31297 |
| recommendation of a
| 31298 |
| member would receive any financial benefit from having the | 31299 |
| practice included in the pilot project. | 31300 |
| (2) All of the following apply with respect to the | 31301 |
| recommendation of advanced practice | 31302 |
| practices under division (B) of this section: | 31303 |
| (a) When evaluating an application, the advisory group shall | 31304 |
|
consider the percentage of patients in the advanced practice | 31305 |
| nurse-led primary care practice who are part of a medically | 31306 |
| underserved population, including medicaid recipients and | 31307 |
| individuals without health insurance. | 31308 |
| (b) If the advisory group determines that it has not received | 31309 |
| an application from a sufficiently qualified advanced practice | 31310 |
| 31311 | |
| institution specified in division (B)(2) of this section, the | 31312 |
|
advisory group shall make the | 31313 |
| under that division in such a manner that the greatest possible | 31314 |
|
number of those institutions are | 31315 |
|
included in the pilot project. To be
| 31316 |
| manner, a practice remains subject to the eligibility requirements | 31317 |
|
specified in division (B) of section
| 31318 |
| Revised Code. As specified in division (B)(2) of this section, the | 31319 |
|
number of practices | 31320 |
| pilot project shall be at least four. | 31321 |
| (c) A member of the advisory group shall abstain from | 31322 |
|
participating in any vote taken regarding the | 31323 |
| recommendation of an advanced practice | 31324 |
| care practice if the member would receive any financial benefit | 31325 |
| from having the practice included in the pilot project. | 31326 |
| (D) The advisory group shall provide a copy of all | 31327 |
| applications received under this section to the director of health | 31328 |
| after making recommendations under division (B)(1) of this | 31329 |
| section. | 31330 |
| | 31331 |
|
patient centered medical home education pilot project, a | 31332 |
| physician-led practice shall meet all of the following | 31333 |
| requirements: | 31334 |
| (1) Consist of physicians who are board-certified in family | 31335 |
| medicine, general pediatrics, or internal medicine, as those | 31336 |
| designations are issued by a medical specialty certifying board | 31337 |
| recognized by the American board of medical specialties or | 31338 |
| American osteopathic association; | 31339 |
| (2) Be capable of adapting the practice during the period in | 31340 |
|
which the practice | 31341 |
|
patient centered medical home education | 31342 |
| project in such a manner that the practice is fully compliant with | 31343 |
| the minimum standards for operation of a patient centered medical | 31344 |
|
home, as those standards are established by the | 31345 |
| director of health; | 31346 |
| (3) Have submitted an application to participate in the | 31347 |
| project established under former section 185.05 of the Revised | 31348 |
| Code not later than April 15, 2011. | 31349 |
| (4) Meet any other criteria established by the | 31350 |
| director as part of the selection process. | 31351 |
| (B) To be eligible for inclusion in the pilot project, an | 31352 |
|
advanced practice | 31353 |
| all of the following requirements: | 31354 |
| (1) Consist of advanced practice nurses | 31355 |
| whom meets all of the following requirements: | 31356 |
| (a) | 31357 |
| section 4723.48 of the Revised Code; | 31358 |
| (b) | 31359 |
| adult nurse practitioner by the American academy of nurse | 31360 |
| practitioners or American nurses credentialing center, | 31361 |
| board-certified as a geriatric nurse practitioner or women's | 31362 |
| health nurse practitioner by the American nurses credentialing | 31363 |
| center, or is board-certified as a pediatric nurse practitioner by | 31364 |
| the American nurses credentialing center or pediatric nursing | 31365 |
| certification board; | 31366 |
| (c) | 31367 |
| standard care arrangement with a physician with board | 31368 |
| certification as specified in division (A)(1) of this section and | 31369 |
| who is an active participant on the health care team. | 31370 |
| (2) Be capable of adapting the primary care practice during | 31371 |
|
the period in which the practice | 31372 |
| participates in the
| 31373 |
| the practice is fully compliant with the minimum standards for | 31374 |
| operation of a patient centered medical home, as those standards | 31375 |
|
are established by the
| 31376 |
| (3) Have submitted an application to participate in the | 31377 |
| project established under former section 185.05 of the Revised | 31378 |
| Code not later than April 15, 2011. | 31379 |
| (4) Meet any other criteria established by the | 31380 |
| director as part of the selection process. | 31381 |
| | 31382 |
| 31383 | |
| contract with each primary care practice selected by the director | 31384 |
| for inclusion in the patient centered medical home education pilot | 31385 |
| project. The contract shall specify the terms and conditions for | 31386 |
| inclusion in the pilot project, including a requirement that the | 31387 |
| practice provide comprehensive, coordinated primary care services | 31388 |
| to patients and serve as the patients' medical home. The contract | 31389 |
| shall also require the practice to participate in the training of | 31390 |
|
medical students, advanced practice nursing students, | 31391 |
| assistant students, and primary care medical residents. | 31392 |
| The director may include as part of the contract any other | 31393 |
| requirements necessary for a practice to be included in the | 31394 |
| project, including requirements regarding the number of patients | 31395 |
| served who are medicaid recipients and individuals without health | 31396 |
| insurance. | 31397 |
| | 31398 |
| director's request, the patient centered medical home education | 31399 |
|
advisory group | 31400 |
| nursing, and physician assistant schools or programs in this state | 31401 |
| to develop appropriate curricula designed to prepare primary care | 31402 |
|
physicians | 31403 |
| to practice within the patient centered medical home model of | 31404 |
|
care. In developing the curricula, the director or advisory group | 31405 |
| 31406 | |
| include all of the following: | 31407 |
| (1) Components for use at the medical student, advanced | 31408 |
| practice nursing student, physician assistant student, and primary | 31409 |
| care resident training levels; | 31410 |
| (2) Components that reflect, as appropriate, the special | 31411 |
| needs of patients who are part of a medically underserved | 31412 |
| population, including medicaid recipients, individuals without | 31413 |
| health insurance, individuals with disabilities, individuals with | 31414 |
| chronic health conditions, and individuals within racial or ethnic | 31415 |
| minority groups; | 31416 |
| (3) Components that include training in interdisciplinary | 31417 |
|
cooperation between physicians | 31418 |
| physician assistants in the patient centered medical home model of | 31419 |
| care, including curricula ensuring that a common conception of a | 31420 |
| patient centered medical home model of care is provided to medical | 31421 |
| students, advanced practice nurses, physician assistants, and | 31422 |
| primary care residents. | 31423 |
| (B) The director or advisory group | 31424 |
|
association with the medical | 31425 |
| schools or programs to identify funding sources to ensure that the | 31426 |
| curricula developed under division (A) of this section are | 31427 |
| accessible to medical students, advanced practice nursing | 31428 |
| students, physician assistant students, and primary care | 31429 |
| residents. The director or advisory group shall consider | 31430 |
| scholarship options or incentives provided to students in addition | 31431 |
| to those provided under the choose Ohio first scholarship program | 31432 |
| operated under section 3333.61 of the Revised Code. | 31433 |
| | 31434 |
| 31435 | |
| patient centered medical home education pilot project, the | 31436 |
| director shall prepare reports of its findings and recommendations | 31437 |
|
from the | 31438 |
| Each report shall include an evaluation of the learning | 31439 |
| opportunities generated by the pilot project, the physicians and | 31440 |
| advanced practice nurses trained in the pilot project, the costs | 31441 |
| of the pilot project, and the extent to which the pilot project | 31442 |
| has met the set of expected outcomes developed under division (A) | 31443 |
|
of section | 31444 |
| (B) The reports shall be completed in accordance with the | 31445 |
| following schedule: | 31446 |
| (1) An interim report not later than six months after the | 31447 |
|
date on which the | 31448 |
| practice selected to participate in the project enters into a | 31449 |
|
contract with the department of health pursuant to section
| 31450 |
| 3701.927 of the Revised Code; | 31451 |
| (2) An update of the interim report not later than one year | 31452 |
|
after the date | 31453 |
| under division (B)(1) of this section; | 31454 |
| (3) A final report not later than two years after the date | 31455 |
| 31456 | |
| (B)(1) of this section. | 31457 |
| (C) The | 31458 |
| reports to the governor and, in accordance with section 101.68 of | 31459 |
| the Revised Code, to the general assembly. | 31460 |
| Sec. 3701.93. Subject to available funds, the director of | 31461 |
| health shall establish the Ohio violent death reporting system to | 31462 |
| collect and maintain information, data, and records regarding | 31463 |
| violent deaths in Ohio. | 31464 |
| Sec. 3701.931. The Ohio violent death reporting system shall | 31465 |
| do all of the following regarding violent death information, data, | 31466 |
| and records maintained in the system: | 31467 |
| (A) Monitor the incidence and causes of the various types of | 31468 |
| violent deaths; | 31469 |
| (B) Make appropriate epidemiologic studies of the violent | 31470 |
| deaths; | 31471 |
| (C) Analyze trends and patterns in, and circumstances related | 31472 |
| to, the violent deaths; | 31473 |
| (D) With the assistance of the advisory group established | 31474 |
| pursuant to section 3701.932 of the Revised Code, recommend | 31475 |
| actions to relevant entities to prevent violent deaths and make | 31476 |
| any other such recommendations the director determines necessary. | 31477 |
| Sec. 3701.932. The director of health shall establish an | 31478 |
| advisory group of interested parties and stakeholders to recommend | 31479 |
| actions to relevant entities to prevent violent deaths, and make | 31480 |
| other recommendations the director determines necessary, in | 31481 |
| accordance with division (D) of section 3701.931 of the Revised | 31482 |
| Code. | 31483 |
| Sec. 3701.933. The data collection model used by the Ohio | 31484 |
| violent death reporting system shall follow the data collection | 31485 |
| model used by the United States centers for disease control and | 31486 |
| prevention national violent death reporting system and any other | 31487 |
| data collection model set forth by the director pursuant to | 31488 |
| section 3701.934 of the Revised Code. | 31489 |
| Sec. 3701.934. The director of health, pursuant to rules | 31490 |
| adopted in accordance with Chapter 119. of the Revised Code, shall | 31491 |
| do all of the following: | 31492 |
| (A) Specify the types of violent deaths that shall be | 31493 |
| included in the Ohio violent death reporting system; | 31494 |
| (B) Specify the information, data, and records to be | 31495 |
| collected for use by the Ohio violent death reporting system; | 31496 |
| (C) Specify the sources from which the information, data, and | 31497 |
| records are to be collected for use by the Ohio violent death | 31498 |
| reporting system; | 31499 |
| (D) If determined appropriate by the director, set forth any | 31500 |
| other data collection model to be used by the Ohio violent death | 31501 |
| reporting system. | 31502 |
| Sec. 3701.935. The director of health shall collect | 31503 |
| information about violent deaths in Ohio only from existing | 31504 |
| sources related to violent crimes and shall not conduct | 31505 |
| independent criminal investigations in order to obtain | 31506 |
| information, data, or records for use by the Ohio violent death | 31507 |
| reporting system. | 31508 |
| Sec. 3701.936. At the request of the director of health, | 31509 |
| every department, agency, and political subdivision of the state | 31510 |
| shall provide information, data, records, and otherwise assist in | 31511 |
| the execution of sections 3701.93 to 3701.9314 of the Revised | 31512 |
| Code. | 31513 |
| Sec. 3701.937. At the request of the director of health, any | 31514 |
| individual or entity not specified in section 3701.936 of the | 31515 |
| Revised Code, at the individual's or entity's discretion, may | 31516 |
| provide information, data, records, and otherwise assist in the | 31517 |
| execution of sections 3701.93 to 3701.9314 of the Revised Code. | 31518 |
| Any information, data, and records provided to the director by any | 31519 |
| other individual or entity shall contain only information, data, | 31520 |
| or records that are available or reasonably drawn from any | 31521 |
| information, data, and record developed and kept in the normal | 31522 |
| course of business. | 31523 |
| Sec. 3701.938. Notwithstanding any section of the Revised | 31524 |
| Code pertaining to confidentiality, any individual, public social | 31525 |
| service agency, or public agency that provides services to | 31526 |
| individuals or families, law enforcement agency, coroner, or | 31527 |
| public entity that provided services to an individual whose death | 31528 |
| is the type of death specified by the director under section | 31529 |
| 3701.934 of the Revised Code shall provide information, data, | 31530 |
| records, and otherwise assist in the execution of sections 3701.93 | 31531 |
| to 3701.9314 of the Revised Code. | 31532 |
| Sec. 3701.9310. Except as otherwise provided in section | 31533 |
| 3701.9212 of the Revised Code, all of the following are not public | 31534 |
| records under section 149.43 of the Revised Code, shall be | 31535 |
| confidential, and shall be published only in statistical form: | 31536 |
| (A) Information, data, and records collected for use and | 31537 |
| maintained by the Ohio violent death reporting system including, | 31538 |
| but not limited to, medical records, law enforcement investigative | 31539 |
| records, coroner investigative records, laboratory reports, and | 31540 |
| other records concerning a decedent; | 31541 |
| (B) Work products created in carrying out the purposes of the | 31542 |
| Ohio violent death reporting system. | 31543 |
| Sec. 3701.9311. Information, data, and records collected for | 31544 |
| use and maintained by, and all work products created in carrying | 31545 |
| out the purposes of, the Ohio violent death reporting system shall | 31546 |
| not be subject to subpoena or discovery while in the possession of | 31547 |
| the system or admissible in any criminal or civil proceeding if | 31548 |
| obtained through, or from, the system. | 31549 |
| Sec. 3701.9312. The director of health, pursuant to rules | 31550 |
| adopted in accordance with Chapter 119. of the Revised Code, shall | 31551 |
| establish standards and procedures to make available to | 31552 |
| researchers confidential information collected by the Ohio violent | 31553 |
| death reporting system. Researchers complying with those standards | 31554 |
| and procedures also shall comply with the confidentiality | 31555 |
| requirements of section 3701.9310 of the Revised Code. | 31556 |
| Sec. 3701.9314. The director of health may adopt rules in | 31557 |
| accordance with Chapter 119. of the Revised Code necessary to | 31558 |
| establish, maintain, and carry out the purposes of the Ohio | 31559 |
| violent death reporting system under sections 3701.93 to 3701.9314 | 31560 |
| of the Revised Code. | 31561 |
| Sec. 3702.141. (A) As used in this section: | 31562 |
| (1) "Existing health care facility" means a health care | 31563 |
| facility that is licensed or otherwise approved to practice in | 31564 |
| this state, in accordance with applicable law, is staffed and | 31565 |
| equipped to provide health care services, and actively provides | 31566 |
| health services or has not been actively providing health services | 31567 |
| for less than twelve consecutive months. | 31568 |
| (2) "Freestanding birthing center" means any facility in | 31569 |
| which deliveries routinely occur, regardless of whether the | 31570 |
| facility is located on the campus of another health care facility, | 31571 |
| and which is not licensed under Chapter 3711. of the Revised Code | 31572 |
| as a level one, two, or three maternity unit or a limited | 31573 |
| maternity unit. | 31574 |
| (3) "Health care facility" | 31575 |
| 31576 |
| (a) A hospital registered under section 3701.07 of the | 31577 |
| Revised Code; | 31578 |
| (b) A nursing home licensed under section 3721.02 of the | 31579 |
| Revised Code, or by a political subdivision certified under | 31580 |
| section 3721.09 of the Revised Code; | 31581 |
| (c) A county home or a county nursing home as defined in | 31582 |
| section 5155.31 of the Revised Code that is certified under Title | 31583 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 31584 |
| U.S.C.A. 301, as amended; | 31585 |
| (d) A freestanding dialysis center; | 31586 |
| (e) A freestanding inpatient rehabilitation facility; | 31587 |
| (f) An ambulatory surgical facility; | 31588 |
| (g) A freestanding cardiac catheterization facility; | 31589 |
| (h) A freestanding birthing center; | 31590 |
| (i) A freestanding or mobile diagnostic imaging center; | 31591 |
| (j) A freestanding radiation therapy center. | 31592 |
| A health care facility does not include the offices of | 31593 |
| private physicians and dentists whether for individual or group | 31594 |
| practice, residential facilities licensed under section 5123.19 of | 31595 |
| the Revised Code, or an institution for the sick that is operated | 31596 |
| exclusively for patients who use spiritual means for healing and | 31597 |
| for whom the acceptance of medical care is inconsistent with their | 31598 |
| religious beliefs, accredited by a national accrediting | 31599 |
| organization, exempt from federal income taxation under section | 31600 |
| 501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 | 31601 |
| U.S.C.A. 1, as amended, and providing twenty-four hour nursing | 31602 |
| care pursuant to the exemption in division (E) of section 4723.32 | 31603 |
| of the Revised Code from the licensing requirements of Chapter | 31604 |
| 4723. of the Revised Code. | 31605 |
| (4) "Health service" means a clinically related service, such | 31606 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 31607 |
| (B) Section 3702.14 of the Revised Code shall not be | 31608 |
| construed to require any existing health care facility that is | 31609 |
| conducting an activity specified in section 3702.11 of the Revised | 31610 |
| Code, which activity was initiated on or before March 20, 1997, to | 31611 |
| alter, upgrade, or otherwise improve the structure or fixtures of | 31612 |
| the facility in order to comply with any rule adopted under | 31613 |
| section 3702.11 of the Revised Code relating to that activity, | 31614 |
| unless one of the following applies: | 31615 |
| (1) The facility initiates a construction, renovation, or | 31616 |
| reconstruction project that involves a capital expenditure of at | 31617 |
| least fifty thousand dollars, not including expenditures for | 31618 |
| equipment or staffing or operational costs, and that directly | 31619 |
| involves the area in which the existing service is conducted. | 31620 |
| (2) The facility initiates another activity specified in | 31621 |
| section 3702.11 of the Revised Code. | 31622 |
| (3) | 31623 |
| 31624 |
| | 31625 |
| laboratory to an existing cardiac catheterization service. | 31626 |
| | 31627 |
| room to an existing open-heart surgery service. | 31628 |
| | 31629 |
| convincing evidence, that failure to comply with the rule would | 31630 |
| create an imminent risk to the health and welfare of any patient. | 31631 |
| (C) If division (B) | 31632 |
| any alteration, upgrade, or other improvement required shall apply | 31633 |
| only to the proposed addition to the existing service if the cost | 31634 |
| of the addition is less than the capital expenditure threshold set | 31635 |
| forth in division (B)(1) of this section. | 31636 |
| (D) No person or government entity shall divide or otherwise | 31637 |
| segment a construction, renovation, or reconstruction project in | 31638 |
| order to evade application of the capital expenditure threshold | 31639 |
| set forth in division (B)(1) of this section. | 31640 |
| Sec. 3702.31. (A) The quality monitoring and inspection fund | 31641 |
| is hereby created in the state treasury. The director of health | 31642 |
| shall use the fund to administer and enforce this section and | 31643 |
|
sections 3702.11 to 3702.20, 3702.30, 3702.301, | 31644 |
| 3702.33 of the Revised Code and rules adopted pursuant to those | 31645 |
| sections. The director shall deposit in the fund any moneys | 31646 |
| collected pursuant to this section or section 3702.32 of the | 31647 |
| Revised Code. All investment earnings of the fund shall be | 31648 |
| credited to the fund. | 31649 |
| (B) The director of health shall adopt rules pursuant to | 31650 |
| Chapter 119. of the Revised Code establishing fees for both of the | 31651 |
| following: | 31652 |
| (1) Initial and renewal license applications submitted under | 31653 |
| section 3702.30 of the Revised Code. The fees established under | 31654 |
| division (B)(1) of this section shall not exceed the actual and | 31655 |
| necessary costs of performing the activities described in division | 31656 |
| (A) of this section. | 31657 |
| (2) Inspections conducted under section 3702.15 or 3702.30 of | 31658 |
| the Revised Code. The fees established under division (B)(2) of | 31659 |
| this section shall not exceed the actual and necessary costs | 31660 |
| incurred during an inspection, including any indirect costs | 31661 |
| incurred by the department for staff, salary, or other | 31662 |
| administrative costs. The director of health shall provide to each | 31663 |
| health care facility or provider inspected pursuant to section | 31664 |
| 3702.15 or 3702.30 of the Revised Code a written statement of the | 31665 |
| fee. The statement shall itemize and total the costs incurred. | 31666 |
| Within fifteen days after receiving a statement from the director, | 31667 |
| the facility or provider shall forward the total amount of the fee | 31668 |
| to the director. | 31669 |
| (3) The fees described in divisions (B)(1) and (2) of this | 31670 |
| section shall meet both of the following requirements: | 31671 |
| (a) For each service described in section 3702.11 of the | 31672 |
| Revised Code, the fee shall not exceed one thousand seven hundred | 31673 |
| fifty dollars annually, except that the total fees charged to a | 31674 |
| health care provider under this section shall not exceed five | 31675 |
| thousand dollars annually. | 31676 |
| (b) The fee shall exclude any costs reimbursable by the | 31677 |
| United States centers for medicare and medicaid services as part | 31678 |
| of the certification process for the medicare program established | 31679 |
| under Title XVIII of the "Social Security Act," 79 Stat. 286 | 31680 |
| (1935), 42 U.S.C.A. 1395, as amended, and the medicaid program | 31681 |
| established under Title XIX of the "Social Security Act," 79 Stat. | 31682 |
| 286 (1965), 42 U.S.C. 1396. | 31683 |
| (4) The director shall not establish a fee for any service | 31684 |
| for which a licensure or inspection fee is paid by the health care | 31685 |
| provider to a state agency for the same or similar licensure or | 31686 |
| inspection. | 31687 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 31688 |
| Revised Code: | 31689 |
| (A) "Applicant" means any person that submits an application | 31690 |
| for a certificate of need and who is designated in the application | 31691 |
| as the applicant. | 31692 |
| (B) "Person" means any individual, corporation, business | 31693 |
| trust, estate, firm, partnership, association, joint stock | 31694 |
| company, insurance company, government unit, or other entity. | 31695 |
| (C) "Certificate of need" means a written approval granted by | 31696 |
| the director of health to an applicant to authorize conducting a | 31697 |
| reviewable activity. | 31698 |
| (D) " | 31699 |
| 31700 | |
| 31701 | |
| service areas to which the long-term care facility is, or will be, | 31702 |
| providing long-term care services. | 31703 |
| (E) " | 31704 |
| 31705 | |
| 31706 | |
| Ohio zip code in which the long-term care facility is located and | 31707 |
| contiguous zip codes, from which approximately seventy-five to | 31708 |
| eighty per cent of the facility's residents currently originate or | 31709 |
| are expected to originate. | 31710 |
| (F) " | 31711 |
| 31712 | |
| 31713 | |
| comprised of Ohio zip codes not included in the primary service | 31714 |
| area, excluding isolated exceptions, from which the facility's | 31715 |
| remaining residents currently originate or are expected to | 31716 |
| originate. | 31717 |
| (G) | 31718 |
| | 31719 |
| 31720 |
| | 31721 |
| 31722 | |
| 31723 |
| | 31724 |
| 31725 | |
| 31726 | |
| 31727 |
| | 31728 |
| | 31729 |
| | 31730 |
| | 31731 |
| | 31732 |
| | 31733 |
| | 31734 |
| | 31735 |
| 31736 | |
| 31737 | |
| 31738 | |
| 31739 | |
| 31740 | |
| 31741 | |
| 31742 | |
| 31743 | |
| 31744 | |
| 31745 | |
| 31746 | |
| 31747 |
| | 31748 |
| 31749 | |
| 31750 |
| | 31751 |
| licensed under Chapter 1751. of the Revised Code, a health | 31752 |
|
maintenance organization as defined in division | 31753 |
| section, an insurance company that issues sickness and accident | 31754 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 31755 |
| state-financed health insurance program under Chapter 3701., | 31756 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 31757 |
| | 31758 |
| municipal corporation, township, or other political subdivision of | 31759 |
| the state, or any department, division, board, or other agency of | 31760 |
| the state or a political subdivision. | 31761 |
| | 31762 |
| private organization organized under the law of any state that is | 31763 |
| qualified under section 1310(d) of Title XIII of the "Public | 31764 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 31765 |
| | 31766 |
| of the following: | 31767 |
| (1) A | 31768 |
| otherwise authorized to operate in this state in accordance with | 31769 |
| applicable law, including a county home or a county nursing home | 31770 |
|
that is certified | 31771 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 31772 |
|
U.S.C. 301, as amended, is staffed and equipped to provide | 31773 |
| long-term care services, and is actively providing | 31774 |
| long-term care services; | 31775 |
| (2) A | 31776 |
| otherwise authorized to operate in this state in accordance with | 31777 |
| applicable law, including a county home or a county nursing home | 31778 |
|
that is certified | 31779 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 31780 |
| U.S.C. 301, as amended, or that has beds registered under section | 31781 |
| 3701.07 of the Revised Code as skilled nursing beds or long-term | 31782 |
| care beds and has provided long-term care services for at least | 31783 |
| three hundred sixty-five consecutive days within the twenty-four | 31784 |
| months immediately preceding the date a certificate of need | 31785 |
| application is filed with the director of health. | 31786 |
| | 31787 |
| limited to, the general assembly, the supreme court, the offices | 31788 |
| of all elected state officers, and all departments, boards, | 31789 |
| offices, commissions, agencies, institutions, and other | 31790 |
| instrumentalities of the state of Ohio. "State" does not include | 31791 |
| political subdivisions. | 31792 |
| | 31793 |
| township, county, school district, and all other bodies corporate | 31794 |
| and politic responsible for governmental activities only in | 31795 |
| geographic areas smaller than that of the state to which the | 31796 |
| sovereign immunity of the state attaches. | 31797 |
| | 31798 |
| (1) An applicant for a certificate of need, including an | 31799 |
| applicant whose application was reviewed comparatively with the | 31800 |
| application in question; | 31801 |
| (2) The person that requested the reviewability ruling in | 31802 |
| question; | 31803 |
| (3) Any person that resides or regularly uses | 31804 |
| long-term care facilities within the | 31805 |
|
served or to be served by the | 31806 |
| would be provided under the certificate of need or reviewability | 31807 |
| ruling in question; | 31808 |
| (4) Any | 31809 |
| 31810 | |
| be provided under the certificate of need or reviewability ruling | 31811 |
| in question; | 31812 |
| (5) Third-party payers that reimburse | 31813 |
|
facilities for services in the | 31814 |
| 31815 | |
|
certificate of need or reviewability ruling in question | 31816 |
| | 31817 |
| 31818 | |
| 31819 | |
| 31820 |
| | 31821 |
| 31822 | |
| 31823 | |
| 31824 |
| | 31825 |
| 31826 | |
| 31827 | |
| 31828 |
| | 31829 |
| 31830 |
| | 31831 |
| 31832 |
| | 31833 |
| 31834 |
| | 31835 |
| 31836 |
| | 31837 |
| 31838 |
| | 31839 |
| | 31840 |
| 31841 | |
| 31842 | |
| 31843 |
| | 31844 |
| 31845 |
| | 31846 |
| | 31847 |
| 31848 | |
| 31849 | |
| 31850 |
| | 31851 |
| 31852 | |
| 31853 | |
| 31854 | |
| 31855 | |
| 31856 |
| | 31857 |
| 31858 | |
| 31859 |
| | 31860 |
| 31861 |
| | 31862 |
| | 31863 |
| | 31864 |
| | 31865 |
| 31866 | |
| 31867 |
| | 31868 |
| 31869 | |
| 31870 |
| | 31871 |
| 31872 | |
| 31873 | |
| 31874 |
| | 31875 |
| 31876 | |
| 31877 |
| | 31878 |
| 31879 | |
| 31880 | |
| 31881 |
| | 31882 |
| 31883 |
| | 31884 |
| 31885 | |
| 31886 | |
| 31887 |
| | 31888 |
| 31889 | |
| 31890 | |
| 31891 | |
| 31892 | |
| 31893 | |
| 31894 | |
| 31895 | |
| 31896 |
| | 31897 |
| | 31898 |
| 31899 |
| | 31900 |
| 31901 | |
| 31902 | |
| 31903 |
| | 31904 |
| | 31905 |
| 31906 | |
| 31907 | |
| 31908 | |
| 31909 |
| | 31910 |
| 31911 | |
| 31912 | |
| 31913 | |
| 31914 | |
| 31915 | |
| 31916 |
| | 31917 |
| 31918 | |
| 31919 | |
| 31920 |
| | 31921 |
| (1) A nursing home licensed under section 3721.02 of the | 31922 |
| Revised Code or by a political subdivision certified under section | 31923 |
| 3721.09 of the Revised Code; | 31924 |
| (2) The portion of any facility, including a county home or | 31925 |
| county nursing home, that is certified as a skilled nursing | 31926 |
| facility or a nursing facility under Title XVIII or XIX of the | 31927 |
| "Social Security Act"; | 31928 |
| (3) The portion of any hospital that contains beds registered | 31929 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 31930 |
| or long-term care beds. | 31931 |
| | 31932 |
| 31933 | |
| following: | 31934 |
| (1) A bed that is located in a facility that is a nursing | 31935 |
| home licensed under section 3721.02 of the Revised Code or a | 31936 |
| facility licensed by a political subdivision certified under | 31937 |
| section 3721.09 of the Revised Code and is included in the | 31938 |
| authorized maximum licensed capacity of the facility; | 31939 |
| (2) A bed that is located in the portion of any facility, | 31940 |
| including a county home or county nursing home, that is certified | 31941 |
| as a skilled nursing facility under the medicare program or a | 31942 |
| nursing facility under the medicaid program and is included in the | 31943 |
| authorized maximum certified capacity of that portion of the | 31944 |
| facility; | 31945 |
| (3) A bed that is registered under section 3701.07 of the | 31946 |
| Revised Code as a skilled nursing bed, a long-term care bed, or a | 31947 |
| special skilled nursing bed; | 31948 |
| (4) A bed in a county home or county nursing home that has | 31949 |
| been certified under section 5155.38 of the Revised Code as having | 31950 |
| been in operation on July 1, 1993, and is eligible for licensure | 31951 |
| as a nursing home bed; | 31952 |
| (5) A bed held as an approved bed under a certificate of need | 31953 |
| approved by the director. | 31954 |
| A bed cannot simultaneously be both a bed described in | 31955 |
| division (O)(1), (2), (3), or (4) of this section and a bed | 31956 |
| described in division (O)(5) of this section. | 31957 |
| | 31958 |
| 31959 | |
| 31960 | |
| 31961 | |
| 31962 | |
| 31963 |
| | 31964 |
| director of health under division (A) of section 3702.52 of the | 31965 |
| Revised Code as to whether a particular proposed project is or is | 31966 |
| not a reviewable activity. | 31967 |
| | 31968 |
| 31969 | |
| 31970 |
| | 31971 |
| 31972 | |
| 31973 | |
| 31974 | |
| 31975 |
| | 31976 |
| 31977 |
| | 31978 |
| section 5155.31 of the Revised Code. | 31979 |
| | 31980 |
| (1) A person who has an ownership or controlling interest of | 31981 |
|
at least five per cent in an applicant, in a | 31982 |
| facility that is the subject of an application for a certificate | 31983 |
| of need, or in the owner or operator of the applicant or such a | 31984 |
| facility; | 31985 |
| (2) An officer, director, trustee, or general partner of an | 31986 |
|
applicant, of a | 31987 |
| of an application for a certificate of need, or of the owner or | 31988 |
| operator of the applicant or such a facility. | 31989 |
| | 31990 |
| means a deficiency that, under 42 C.F.R. 488.404, either | 31991 |
| constitutes a pattern of deficiencies resulting in actual harm | 31992 |
| that is not immediate jeopardy or represents widespread | 31993 |
| deficiencies resulting in actual harm that is not immediate | 31994 |
| jeopardy. | 31995 |
| | 31996 |
| that, under 42 C.F.R. 488.404, either constitutes a pattern of | 31997 |
| deficiencies resulting in immediate jeopardy to resident health or | 31998 |
| safety or represents widespread deficiencies resulting in | 31999 |
| immediate jeopardy to resident health or safety. | 32000 |
| (U) "Existing bed" or "existing long-term care bed" means a | 32001 |
| bed from an existing long-term care facility, a bed described in | 32002 |
| division (O)(5) of this section, or a bed correctly reported as a | 32003 |
| long-term care bed pursuant to section 5155.38 of the Revised | 32004 |
| Code. | 32005 |
| Sec. 3702.511. (A) Except as provided in division (B) of this | 32006 |
| section, the following activities are reviewable under sections | 32007 |
| 3702.51 to 3702.62 of the Revised Code: | 32008 |
| (1) Establishment, development, or construction of a new | 32009 |
| long-term care facility; | 32010 |
| (2) Replacement of an existing long-term care facility; | 32011 |
| (3) Renovation of or addition to a long-term care facility | 32012 |
| that involves a capital expenditure of two million dollars or | 32013 |
| more, not including expenditures for equipment, staffing, or | 32014 |
| operational costs; | 32015 |
| (4) Either of the following changes in long-term care bed | 32016 |
| capacity: | 32017 |
| (a) An increase in bed capacity; | 32018 |
| (b) A relocation of beds from one physical facility or site | 32019 |
| to another, excluding relocation of beds within a long-term care | 32020 |
| facility or among buildings of a long-term care facility at the | 32021 |
| same site. | 32022 |
| (5) Any change in the bed capacity or site, or any other | 32023 |
| failure to conduct a reviewable activity in substantial accordance | 32024 |
| with the approved application for which a certificate of need | 32025 |
| concerning long-term care beds was granted, if the change is made | 32026 |
| within five years after the implementation of the reviewable | 32027 |
| activity for which the certificate was granted; | 32028 |
| (6) Expenditure of more than one hundred ten per cent of the | 32029 |
| maximum expenditure specified in a certificate of need concerning | 32030 |
| long-term care beds. | 32031 |
| (B) The following activities are not subject to review under | 32032 |
| sections 3702.51 to 3702.62 of the Revised Code: | 32033 |
| (1) Acquisition of computer hardware or software; | 32034 |
| (2) Acquisition of a telephone system; | 32035 |
| (3) Construction or acquisition of parking facilities; | 32036 |
| (4) Correction of cited deficiencies that constitute an | 32037 |
| imminent threat to public health or safety and are in violation of | 32038 |
| federal, state, or local fire, building, or safety statutes, | 32039 |
| ordinances, rules, or regulations; | 32040 |
| (5) Acquisition of an existing long-term care facility that | 32041 |
| does not involve a change in the number of the beds; | 32042 |
| (6) Mergers, consolidations, or other corporate | 32043 |
| reorganizations of long-term care facilities that do not involve a | 32044 |
| change in the number of beds; | 32045 |
| (7) Construction, repair, or renovation of bathroom | 32046 |
| facilities; | 32047 |
| (8) Construction of laundry facilities, waste disposal | 32048 |
| facilities, dietary department projects, heating and air | 32049 |
| conditioning projects, administrative offices, and portions of | 32050 |
| medical office buildings used exclusively for physician services; | 32051 |
| (9) Removal of asbestos from a health care facility. | 32052 |
| Only that portion of a project that is described in this | 32053 |
| division is not reviewable. | 32054 |
| Sec. 3702.52. The director of health shall administer a | 32055 |
| state certificate of need program in accordance with sections | 32056 |
| 3702.51 to 3702.62 of the Revised Code and rules adopted under | 32057 |
| those sections. | 32058 |
| (A) The director shall issue rulings on whether a particular | 32059 |
| proposed project is a reviewable activity. The director shall | 32060 |
| issue a ruling not later than forty-five days after receiving a | 32061 |
| request for a ruling accompanied by the information needed to make | 32062 |
| the ruling. If the director does not issue a ruling in that time, | 32063 |
| the project shall be considered to have been ruled not a | 32064 |
| reviewable activity. | 32065 |
| (B)(1) Each application for a certificate of need shall be | 32066 |
| submitted to the director on forms and in the manner prescribed by | 32067 |
| the director. Each application shall include a plan for obligating | 32068 |
| the capital expenditures or implementing the proposed project on a | 32069 |
|
timely basis in accordance with section | 32070 |
| Revised Code. Each application shall also include all other | 32071 |
| information required by rules adopted under division (B) of | 32072 |
| section 3702.57 of the Revised Code. | 32073 |
| (2) Each application shall be accompanied by the application | 32074 |
| fee established in rules adopted under division (G) of section | 32075 |
| 3702.57 of the Revised Code. Application fees received by the | 32076 |
| director under this division shall be deposited into the state | 32077 |
| treasury to the credit of the certificate of need fund, which is | 32078 |
| hereby created. The director shall use the fund only to pay the | 32079 |
| costs of administering sections 3702.11 to 3702.20, 3702.30, and | 32080 |
| 3702.51 to 3702.62 of the Revised Code and rules adopted under | 32081 |
| those sections. An application fee is nonrefundable unless the | 32082 |
| director determines that the application cannot be accepted. | 32083 |
| (3) The director shall review applications for certificates | 32084 |
| of need. As part of a review, the director shall determine whether | 32085 |
| an application is complete. The director shall not consider an | 32086 |
| application to be complete unless the application meets all | 32087 |
| criteria for a complete application specified in rules adopted | 32088 |
| under section 3702.57 of the Revised Code. The director shall mail | 32089 |
| to the applicant a written notice that the application is | 32090 |
| complete, or a written request for additional information, not | 32091 |
| later than thirty days after receiving an application or a | 32092 |
| response to an earlier request for information. Except as provided | 32093 |
|
in section | 32094 |
| shall not make more than two requests for additional information. | 32095 |
| The director's determination that an application is not complete | 32096 |
| is final and not subject to appeal. | 32097 |
| | 32098 |
| 32099 | |
| 32100 | |
| 32101 | |
| 32102 | |
| 32103 | |
| 32104 | |
| 32105 | |
| 32106 | |
| 32107 |
| (4) Except | 32108 |
|
with a subpoena issued under division | 32109 |
| after a notice of completeness has been received, no person shall | 32110 |
| make revisions to information that was submitted to the director | 32111 |
| before the director mailed the notice of completeness or knowingly | 32112 |
| discuss in person or by telephone the merits of the application | 32113 |
| with the director. A person may supplement an application after a | 32114 |
| notice of completeness has been received by submitting clarifying | 32115 |
|
information to the director. | 32116 |
| 32117 | |
| 32118 | |
| 32119 |
| (C) All of the following apply to the process of granting or | 32120 |
| denying a certificate of need: | 32121 |
| (1) If the project proposed in a certificate of need | 32122 |
| application meets all of the applicable certificate of need | 32123 |
| criteria for approval under sections 3702.51 to 3702.62 of the | 32124 |
| Revised Code and the rules adopted under those sections, the | 32125 |
| director shall grant a certificate of need for all or part of the | 32126 |
| project that is the subject of the application by the applicable | 32127 |
| deadline specified in division (C)(4) of this section or any | 32128 |
| extension of it under division (C)(5) of this section. | 32129 |
| (2) The director's grant of a certificate of need does not | 32130 |
| affect, and sets no precedent for, the director's decision to | 32131 |
| grant or deny other applications for similar reviewable activities | 32132 |
| 32133 | |
| 32134 |
| (3) | 32135 |
| 32136 | |
| comments regarding an application. The director shall consider all | 32137 |
| written comments received by the thirtieth day after mailing the | 32138 |
|
notice of completeness | 32139 |
| 32140 | |
| 32141 | |
| 32142 | |
|
review, | 32143 |
| 32144 | |
|
the director mails the last notice of completeness | 32145 |
| 32146 | |
| 32147 | |
| 32148 | |
| 32149 | |
| 32150 |
| | 32151 |
| 32152 | |
| 32153 | |
| 32154 | |
| 32155 | |
| 32156 | |
| 32157 | |
| 32158 | |
| 32159 | |
| 32160 | |
| 32161 | |
| 32162 | |
| 32163 | |
| 32164 | |
| 32165 | |
| 32166 | |
| 32167 | |
| 32168 | |
| 32169 |
| (4) Except as provided in division (C)(5) of this section, | 32170 |
| the director shall grant or deny certificate of need applications | 32171 |
| 32172 | |
| 32173 | |
|
notice of completeness | 32174 |
| 32175 | |
| 32176 | |
| 32177 | |
| 32178 | |
| 32179 | |
| 32180 | |
| 32181 | |
| 32182 | |
| 32183 | |
| 32184 | |
| 32185 | |
| 32186 |
| (5) Except as otherwise provided in division (C)(6) of this | 32187 |
| section, the director or the applicant may extend the deadline | 32188 |
| prescribed in division (C)(4) of this section once, for no longer | 32189 |
| than thirty days, by written notice before the end of the deadline | 32190 |
| prescribed by division (C)(4) of this section. An extension by the | 32191 |
| director under division (C)(5) of this section shall apply to all | 32192 |
| applications that are in comparative review. | 32193 |
| (6) No applicant in a comparative review may extend the | 32194 |
| deadline specified in division (C)(4) of this section. | 32195 |
| (7) If the director does not grant or deny the certificate by | 32196 |
| the applicable deadline specified in division (C)(4) of this | 32197 |
| section or any extension of it under division (C)(5) of this | 32198 |
| section, the certificate shall be considered to have been granted. | 32199 |
| (8) In granting a certificate of need, the director shall | 32200 |
| specify as the maximum capital expenditure the certificate holder | 32201 |
| may obligate under the certificate a figure equal to one hundred | 32202 |
| ten per cent of the approved project cost. | 32203 |
| (9) In granting a certificate of need, the director may grant | 32204 |
| the certificate with conditions that must be met by the holder of | 32205 |
| the certificate. | 32206 |
| (D) When a certificate of need application is approved for a | 32207 |
| project under which the beds are relocated, a number of beds equal | 32208 |
| to the number relocated shall cease to be operated in the | 32209 |
| long-term care facility from which they were relocated, except | 32210 |
| that the beds may continue to be operated for not more than | 32211 |
| fifteen days to allow relocation of residents to the facility to | 32212 |
| which the beds have been relocated. Notwithstanding section | 32213 |
| 3721.03 of the Revised Code, if the relocated beds are in a home | 32214 |
| licensed under Chapter 3721. of the Revised Code, the facility's | 32215 |
| license is automatically reduced by the number of beds relocated | 32216 |
| effective fifteen days after the beds are relocated. If the beds | 32217 |
| are in a facility that is certified as a skilled nursing facility | 32218 |
| or nursing facility under Title XVIII or XIX of the "Social | 32219 |
| Security Act," the certification for the beds shall be | 32220 |
| surrendered. If the beds are registered under section 3701.07 of | 32221 |
| the Revised Code as skilled nursing beds or long-term care beds, | 32222 |
| the director shall remove the beds from registration not later | 32223 |
| than fifteen days after the beds are relocated. | 32224 |
| (E) The director shall monitor the activities of persons | 32225 |
| granted certificates of need during the period beginning with the | 32226 |
| granting of the certificate of need and ending five years after | 32227 |
| implementation of the activity for which the certificate was | 32228 |
| granted. | 32229 |
| | 32230 |
| considering appeals under section 3702.60 of the Revised Code, or | 32231 |
| monitoring activities of persons granted certificates of need, the | 32232 |
| director may issue and enforce, in the manner provided in section | 32233 |
| 119.09 of the Revised Code, subpoenas and subpoenas duces tecum to | 32234 |
|
compel | 32235 |
| relevant to review of the application, consideration of the | 32236 |
| appeal, or monitoring of the activities. In addition, the director | 32237 |
|
or the director's designee | 32238 |
| 32239 | |
| conducted. | 32240 |
| | 32241 |
| | 32242 |
| 32243 | |
| 32244 | |
| 32245 | |
| 32246 | |
|
All
| 32247 |
| 32248 | |
| information prescribed by rules adopted under division (H) of | 32249 |
| section 3702.57 of the Revised Code that is necessary to conduct | 32250 |
| reviews of certificate of need applications and to develop | 32251 |
| 32252 | |
| 32253 | |
| 32254 |
| | 32255 |
| shall consider the special needs and circumstances resulting from | 32256 |
| moral and ethical values and the free exercise of religious rights | 32257 |
|
of
| 32258 |
| organizations, and the special needs and circumstances of inner | 32259 |
| city and rural communities. | 32260 |
| | 32261 |
| certificates of need to recategorize hospital beds to skilled | 32262 |
| nursing beds shall be conducted in accordance with this division | 32263 |
|
and rules adopted by the | 32264 |
| (1) No hospital recategorizing beds shall apply for a | 32265 |
| certificate of need for more than twenty skilled nursing beds. | 32266 |
| (2) No beds for which a certificate of need is requested | 32267 |
| under this division shall be reviewed under or counted in any | 32268 |
|
formula developed under | 32269 |
| director for the purpose of determining the number of long-term | 32270 |
| care beds that may be needed within the state. | 32271 |
| (3) No beds shall be approved under this division unless the | 32272 |
| hospital certifies and demonstrates in the application that the | 32273 |
| beds will be dedicated to patients with a length of stay of no | 32274 |
| more than thirty days. | 32275 |
| (4) No beds shall be approved under this division unless the | 32276 |
| hospital can satisfactorily demonstrate in the application that it | 32277 |
| is routinely unable to place the patients planned for the beds in | 32278 |
| accessible skilled nursing facilities. | 32279 |
| (5) In developing rules to implement this division, the | 32280 |
| 32281 | |
| required documentation of the need for such beds, including the | 32282 |
| efforts made by the hospital to place patients in suitable skilled | 32283 |
| nursing facilities, and special attention to the appropriate size | 32284 |
| of units with such beds given the historical pattern of the | 32285 |
| applicant hospital's documented difficulty in placing skilled | 32286 |
| nursing patients. | 32287 |
| (B) | 32288 |
| monitoring the use of hospital beds recategorized as skilled | 32289 |
|
nursing beds after August 5, 1989, the | 32290 |
| director shall adopt rules specifying appropriate quarterly | 32291 |
| procedures for reporting to the department of health. | 32292 |
| (C) A patient may stay in a hospital bed that, after August | 32293 |
| 5, 1989, has been recategorized as a skilled nursing bed for more | 32294 |
| than thirty days if the hospital is able to demonstrate that it | 32295 |
| made a good faith effort to place the patient in an accessible | 32296 |
| skilled nursing facility acceptable to the patient within the | 32297 |
| thirty-day period, but was unable to do so. | 32298 |
| (D) No hospital bed recategorized after August 5, 1989, as a | 32299 |
| skilled nursing bed shall be covered by a provider agreement under | 32300 |
| the medical assistance program established under Chapter 5111. of | 32301 |
| the Revised Code. | 32302 |
| (E) Nothing in this section requires a hospital to place a | 32303 |
| patient in any nursing home if the patient does not wish to be | 32304 |
| placed in the nursing home. Nothing in this section limits the | 32305 |
| ability of a hospital to file a certificate of need application | 32306 |
| for the addition of long-term care beds that meet the definition | 32307 |
| of "home" in section 3721.01 of the Revised Code. Nothing in this | 32308 |
| section limits the ability of the director to grant certificates | 32309 |
| of need necessary for hospitals to engage in demonstration | 32310 |
| projects authorized by the federal government for the purpose of | 32311 |
| enhancing long-term quality of care and cost containment. Nothing | 32312 |
| in this section limits the ability of hospitals to develop swing | 32313 |
| bed programs in accordance with federal regulations. | 32314 |
| No hospital that is granted a certificate of need after | 32315 |
| August 5, 1989, to recategorize hospital beds as skilled nursing | 32316 |
| beds is subject to sections 3721.01 to 3721.09 of the Revised | 32317 |
| Code. If the portion of the hospital in which the recategorized | 32318 |
| beds are located is certified as a skilled nursing facility under | 32319 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 32320 |
| U.S.C.A. 301, as amended, that portion of the hospital is subject | 32321 |
| to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of | 32322 |
| the Revised Code. If the beds are registered pursuant to section | 32323 |
| 3701.07 of the Revised Code as long-term care beds, the beds are | 32324 |
| subject to sections 3721.50 to 3721.58 of the Revised Code. | 32325 |
| | 32326 |
| 32327 | |
| 32328 | |
| 32329 | |
| 32330 | |
| 32331 |
| | 32332 |
| 32333 | |
| 32334 | |
| 32335 | |
| 32336 | |
| 32337 | |
| 32338 |
| | 32339 |
| 32340 | |
| 32341 | |
| 32342 | |
| 32343 | |
| 32344 | |
| 32345 |
| | 32346 |
| 32347 | |
| 32348 |
| | 32349 |
| a certificate of need pending with the director of health may | 32350 |
| revise the application to change the site of the proposed project | 32351 |
| unless either of the following applies: | 32352 |
| (A) The director, under section 3702.52 of the Revised Code, | 32353 |
| has mailed the applicant a written notice that the application is | 32354 |
| complete. | 32355 |
| (B) The application is subject to a comparative review under | 32356 |
| section 3702.593 of the Revised Code. | 32357 |
| The only revision that may be made in the revised application | 32358 |
| is the site of the proposed project. The revised site of the | 32359 |
| proposed project must be located in the same county as the site of | 32360 |
| the proposed project specified in the original application. The | 32361 |
| director may not accept a revised application if it includes | 32362 |
| revisions other than the site of the proposed project or if the | 32363 |
| revised site is located in a different county than the county in | 32364 |
| which the site specified in the original application is located. | 32365 |
| A revised application shall be accompanied by an additional, | 32366 |
| 32367 | |
| the fee charged under section 3702.52 of the Revised Code for the | 32368 |
| original application. The additional fee shall be deposited into | 32369 |
| the certificate of need fund created under section 3702.52 of the | 32370 |
| Revised Code. | 32371 |
| On acceptance of a revised application, the director shall | 32372 |
| continue to review the application as revised in accordance with | 32373 |
| section 3702.52 of the Revised Code to determine whether it is | 32374 |
| complete and, if necessary and regardless of whether the director | 32375 |
| previously made two requests for additional information, may make | 32376 |
| a final written request to the applicant for additional | 32377 |
| information not later than thirty days after the date the director | 32378 |
| accepts the revised application. | 32379 |
| | 32380 |
|
(B) of this section, a certificate of need | 32381 |
| 32382 | |
| reviewable activity for which it was granted. If any person | 32383 |
|
holding a certificate of need | 32384 |
| transfers the certificate of need to another person before the | 32385 |
| reviewable activity is completed, or enters into an agreement that | 32386 |
| contemplates the transfer of the certificate of need on the | 32387 |
| completion of the reviewable activity, the certificate of need is | 32388 |
| void. If the controlling interest in an entity that holds a | 32389 |
|
certificate of need | 32390 |
| prior to the completion of the reviewable activity, the | 32391 |
| certificate of need is void. | 32392 |
| (B) Division (A) of this section does not prohibit the | 32393 |
|
transfer of a certificate of need | 32394 |
| 32395 | |
| adopted under section 3702.57 of the Revised Code, if the transfer | 32396 |
| does not result in a change in the person that holds the ultimate | 32397 |
| controlling interest, as defined in the rules, in the certificate | 32398 |
| of need. | 32399 |
| The transfer of a | 32400 |
| completion of a reviewable activity for which a certificate of | 32401 |
|
need was issued | 32402 |
| the certificate of need, unless the facility is transferred | 32403 |
| pursuant to an agreement entered into prior to the completion of | 32404 |
| the reviewable activity. | 32405 |
| | 32406 |
| months after the date the director of health mails the notice that | 32407 |
| the certificate of need has been granted or, if the grant or | 32408 |
| denial of the certificate of need is appealed under section | 32409 |
| 3702.60 of the Revised Code, not later than twenty-four months | 32410 |
| after issuance of an order granting the certificate that is not | 32411 |
| subject to further appeal, each person holding a certificate of | 32412 |
|
need granted | 32413 |
| (1) If the project for which the certificate of need was | 32414 |
| granted primarily involves construction and is to be financed | 32415 |
| primarily through external borrowing of funds, secure financial | 32416 |
| commitment for the stated purpose of developing the project and | 32417 |
| commence construction that continues uninterrupted except for | 32418 |
| interruptions or delays that are unavoidable due to reasons beyond | 32419 |
| the person's control, including labor strikes, natural disasters, | 32420 |
| material shortages, or comparable events; | 32421 |
| (2) If the project for which the certificate of need was | 32422 |
| granted primarily involves construction and is to be financed | 32423 |
| primarily internally, receive formal approval from the holder's | 32424 |
| board of directors or trustees or other governing authority to | 32425 |
| commit specified funds for implementation of the project and | 32426 |
| commence construction that continues uninterrupted except for | 32427 |
| interruptions or delays that are unavoidable due to reasons beyond | 32428 |
| the person's control, including labor strikes, natural disasters, | 32429 |
| material shortages, or comparable events; | 32430 |
| (3) | 32431 |
| 32432 | |
| 32433 | |
| 32434 |
| | 32435 |
| granted involves no capital expenditure or only minor renovations | 32436 |
|
to existing structures, provide the | 32437 |
| 32438 | |
| the certificate; | 32439 |
| | 32440 |
| granted primarily involves leasing a building or space that | 32441 |
| requires only minor renovations to the existing space, execute a | 32442 |
|
lease and provide the | 32443 |
| the means specified in the approved application for the | 32444 |
| certificate; | 32445 |
| | 32446 |
| granted primarily involves leasing a building or space that has | 32447 |
| not been constructed or requires substantial renovations to | 32448 |
| existing space, commence construction for the purpose of | 32449 |
| implementing the reviewable activity that continues uninterrupted | 32450 |
| except for interruptions or delays that are unavoidable due to | 32451 |
| reasons beyond the person's control, including labor strikes, | 32452 |
| natural disasters, material shortages, or comparable events. | 32453 |
| (B) The twenty-four-month period specified in division (A) of | 32454 |
| this section shall not be extended by any means, including the | 32455 |
| granting of a subsequent or replacement certificate of need. Each | 32456 |
|
person holding a certificate of need | 32457 |
| 32458 | |
| compliance with that division not later than the earlier of thirty | 32459 |
| days after complying with that division or five days after the | 32460 |
| twenty-four-month period expires. Not later than the earlier of | 32461 |
| fifteen days after receiving the documentation or fifteen days | 32462 |
| after the twenty-four-month period expires, the director shall | 32463 |
| send by certified mail a notice to the holder of the certificate | 32464 |
| of need specifying whether the holder has complied with division | 32465 |
| (A) of this section. | 32466 |
| (C) | 32467 |
| 32468 | |
| 32469 | |
| 32470 | |
| 32471 |
| | 32472 |
| expires, regardless of whether the director sends a notice under | 32473 |
| division (B) of this section, if the holder fails to comply with | 32474 |
|
division (A) | 32475 |
| under division (B) of this section as necessary for the director | 32476 |
| to determine compliance. The determination by the director that a | 32477 |
| certificate of need has expired is final and not appealable under | 32478 |
| Chapter 119. of the Revised Code. | 32479 |
| | 32480 |
|
with section | 32481 |
| the certificate of need shall demonstrate to the director of | 32482 |
| health, in the form and manner required by rules adopted under | 32483 |
| section 3702.57 of the Revised Code, that reasonable progress is | 32484 |
| being made toward the completion of the reviewable activity. If | 32485 |
| the director determines, in accordance with standards specified in | 32486 |
|
the rules, that reasonable progress is not being made, | 32487 |
| director shall withdraw the certificate of need. | 32488 |
| Sec. 3702.526. (A) Except as provided in division (B) of this | 32489 |
| section, the director of health shall accept an application for a | 32490 |
| replacement certificate of need for an activity described in | 32491 |
| division (A)(5) of section 3702.511 of the Revised Code to replace | 32492 |
| an approved certificate of need for that activity if all of the | 32493 |
| following conditions are met: | 32494 |
| (1) The applicant is the same as the applicant for the | 32495 |
| approved certificate of need or an affiliated or related person as | 32496 |
| described in division (B) of section 3702.523 of the Revised Code. | 32497 |
| (2) The source of any long-term care beds to be relocated is | 32498 |
| the same as in the approved certificate of need. | 32499 |
| (3) The application for the approved certificate of need was | 32500 |
| not subject to comparative review under section 3702.593 of the | 32501 |
| Revised Code. | 32502 |
| (B) The director shall not accept an application for a | 32503 |
| replacement certificate that proposes to increase the number of | 32504 |
| long-term care beds to be relocated specified in the application | 32505 |
| for the approved certificate of need. | 32506 |
| (C) For the purpose of determining whether long-term care | 32507 |
| beds are from an existing long-term care facility, the director | 32508 |
| shall consider the date of filing of the application for a | 32509 |
| replacement certificate to be the same as the date of filing of | 32510 |
| the original application for the approved certificate of need. | 32511 |
| (D) Any long-term care beds that were approved in the | 32512 |
| approved certificate of need remain approved in the application | 32513 |
| for a replacement certificate. | 32514 |
| (E) The applicant shall submit with the application for a | 32515 |
| replacement certificate a nonrefundable fee equal to the | 32516 |
| application fee for the approved certificate of need. | 32517 |
| (F) Upon approval of the application for a replacement | 32518 |
| certificate, the original certificate of need is automatically | 32519 |
| voided. | 32520 |
| Sec. 3702.527. A bed described in division (O)(5) of section | 32521 |
| 3702.51 of the Revised Code may be converted to a bed described in | 32522 |
| division (O)(1), (2), (3), or (4) of that section only as provided | 32523 |
| in the certificate of need under which the beds were approved or | 32524 |
| its replacement certificate of need. | 32525 |
| Sec. 3702.53. (A) No person shall carry out any reviewable | 32526 |
| activity unless a certificate of need for such activity has been | 32527 |
| granted under sections 3702.51 to 3702.62 of the Revised Code or | 32528 |
|
the person is exempted by division | 32529 |
| 3702.511 or section | 32530 |
| the requirement that a certificate of need be obtained. No person | 32531 |
| shall carry out any reviewable activity if a certificate of need | 32532 |
| authorizing that activity has been withdrawn by the director of | 32533 |
|
health under section 3702.52 or | 32534 |
| Code. No person shall carry out a reviewable activity if the | 32535 |
| certificate of need authorizing that activity is void pursuant to | 32536 |
|
section
| 32537 |
|
pursuant to section
| 32538 |
| (B) No person shall separate portions of any proposal for any | 32539 |
| reviewable activity to evade the requirements of sections 3702.51 | 32540 |
| to 3702.62 of the Revised Code. | 32541 |
| (C) No person granted a certificate of need shall carry out | 32542 |
| the reviewable activity authorized by the certificate of need | 32543 |
| other than in substantial accordance with the approved application | 32544 |
| for the certificate of need. | 32545 |
| Sec. 3702.531. The director of health shall evaluate and may | 32546 |
| investigate evidence that appears to demonstrate that any person | 32547 |
| has violated section 3702.53 of the Revised Code. If the director | 32548 |
|
elects to conduct an investigation, | 32549 |
| the alleged violator by certified mail, return receipt requested, | 32550 |
| a notice that an investigation is underway. | 32551 |
| When conducting an investigation under this section, the | 32552 |
| director may request any relevant information pertaining to the | 32553 |
| alleged violation, including the total operating cost of the | 32554 |
| activity in question during the period of the alleged violation | 32555 |
| and the total capital cost associated with implementation of the | 32556 |
| activity. A person shall provide information requested by the | 32557 |
| director not later than forty-five days after receiving the | 32558 |
| director's request. The director also may issue and enforce, in | 32559 |
| the manner provided in Chapter 119. of the Revised Code, subpoenas | 32560 |
| duces tecum to compel the production of documents relevant to the | 32561 |
| alleged violation. The subpoenas may be served in any manner | 32562 |
| authorized by the rules of civil procedure. | 32563 |
| The director or | 32564 |
| 32565 | |
| investigate an alleged violation of section 3702.53 of the Revised | 32566 |
| Code. | 32567 |
| Each investigation under this section shall be conducted in a | 32568 |
| manner that protects patient confidentiality. Names or other | 32569 |
| identifying information about any patient shall not be made public | 32570 |
|
without the written consent of the patient or | 32571 |
|
guardian, or, if the patient is a minor, | 32572 |
| or guardian. | 32573 |
| Sec. 3702.54. Except as provided in section 3702.541 of the | 32574 |
| Revised Code, divisions (A) and (B) of this section apply when the | 32575 |
| director of health determines that a person has violated section | 32576 |
| 3702.53 of the Revised Code. | 32577 |
| (A) The director shall impose a civil penalty on the person | 32578 |
| in an amount equal to the greatest of the following: | 32579 |
| (1) Three thousand dollars; | 32580 |
| (2) Five per cent of the operating cost of the activity that | 32581 |
| constitutes the violation during the period of time it was | 32582 |
| conducted in violation of section 3702.53 of the Revised Code; | 32583 |
| (3) If a certificate of need was granted, two per cent of the | 32584 |
| total approved capital cost associated with implementation of the | 32585 |
| activity for which the certificate of need was granted. | 32586 |
| In no event, however, shall the penalty exceed two hundred | 32587 |
| fifty thousand dollars. | 32588 |
| (B)(1) Notwithstanding section 3702.52 of the Revised Code, | 32589 |
| the director shall refuse to accept for review any application for | 32590 |
| a certificate of need filed by or on behalf of the person, or any | 32591 |
| successor to the person or entity related to the person, for a | 32592 |
| period of not less than one year and not more than three years | 32593 |
| after the director mails the notice of the director's | 32594 |
| determination under section 3702.532 of the Revised Code or, if | 32595 |
| the determination is appealed under section 3702.60 of the Revised | 32596 |
| Code, the issuance of the order upholding the determination that | 32597 |
| is not subject to further appeal. In determining the length of | 32598 |
| time during which applications will not be accepted, the director | 32599 |
| may consider any of the following: | 32600 |
| (a) The nature and magnitude of the violation; | 32601 |
| (b) The ability of the person to have averted the violation; | 32602 |
| (c) Whether the person disclosed the violation to the | 32603 |
| director before the director commenced his investigation; | 32604 |
| (d) The person's history of compliance with sections 3702.51 | 32605 |
| to 3702.62 and the rules adopted under section 3702.57 of the | 32606 |
| Revised Code; | 32607 |
| (e) Any community hardship that may result from refusing to | 32608 |
| accept future applications from the person. | 32609 |
| (2) Notwithstanding the one-year minimum imposed by division | 32610 |
| (B)(1) of this section, the director may establish a period of | 32611 |
| less than one year during which the director will refuse to accept | 32612 |
| certificate of need applications if, after reviewing all | 32613 |
| information available to the director, the director determines and | 32614 |
| expressly indicates in the notice mailed under section 3702.532 of | 32615 |
| the Revised Code that refusing to accept applications for a longer | 32616 |
| period would result in hardship to the community in which the | 32617 |
|
person provides | 32618 |
| finding of community hardship shall not affect the granting or | 32619 |
| denial of any future certificate of need application filed by the | 32620 |
| person. | 32621 |
| Sec. 3702.55. A person that the director of health | 32622 |
| determines has violated section 3702.53 of the Revised Code shall | 32623 |
| cease conducting the activity that constitutes the violation or | 32624 |
|
utilizing the | 32625 |
| not later than thirty days after the person receives the notice | 32626 |
| mailed under section 3702.532 of the Revised Code or, if the | 32627 |
| person appeals the director's determination under section 3702.60 | 32628 |
| of the Revised Code, thirty days after the person receives an | 32629 |
| order upholding the director's determination that is not subject | 32630 |
| to further appeal. | 32631 |
| If any person determined to have violated section 3702.53 of | 32632 |
| the Revised Code fails to cease conducting an activity or using | 32633 |
| 32634 | |
| person continues to seek payment or reimbursement for services | 32635 |
| rendered or costs incurred in conducting the activity as | 32636 |
| prohibited by section 3702.56 of the Revised Code, in addition to | 32637 |
| the penalties imposed under section 3702.54 or 3702.541 of the | 32638 |
| Revised Code: | 32639 |
| (A) The director of health may refuse to include any beds | 32640 |
| involved in the activity in the bed capacity of a hospital for | 32641 |
| purposes of registration under section 3701.07 of the Revised | 32642 |
| Code; | 32643 |
| (B) The director of health may refuse to license, or may | 32644 |
| revoke a license or reduce bed capacity previously granted to, a | 32645 |
| hospice care program under section 3712.04 of the Revised Code; a | 32646 |
|
nursing home, | 32647 |
| aging under section 3721.02 of the Revised Code; or any beds | 32648 |
| within any of those facilities that are involved in the activity; | 32649 |
| (C) A political subdivision certified under section 3721.09 | 32650 |
| of the Revised Code may refuse to license, or may revoke a license | 32651 |
|
or reduce bed capacity previously granted to, a nursing home, | 32652 |
| 32653 | |
| within any of those facilities that are involved in the activity; | 32654 |
| (D) The director of mental health may refuse to license under | 32655 |
| section 5119.20 of the Revised Code, or may revoke a license or | 32656 |
| reduce bed capacity previously granted to, a hospital receiving | 32657 |
| mentally ill persons or beds within such a hospital that are | 32658 |
| involved in the activity; | 32659 |
| (E) The department of job and family services may refuse to | 32660 |
| enter into a provider agreement that includes a facility, beds, or | 32661 |
| services that result from the activity. | 32662 |
| Sec. 3702.56. No third-party payer or other person | 32663 |
| 32664 | |
| accept payment or reimbursement for, any service rendered or costs | 32665 |
| incurred in conducting an activity during the period of time in | 32666 |
| which the activity was conducted in violation of section 3702.53 | 32667 |
| of the Revised Code. Each person that accepts any amount in | 32668 |
| violation of this division shall refund that amount on request of | 32669 |
|
the person | 32670 |
| Sec. 3702.57. (A) The | 32671 |
| shall adopt rules establishing procedures and criteria for reviews | 32672 |
| of applications for certificates of need and issuance, denial, or | 32673 |
| withdrawal of certificates. | 32674 |
| (1) In adopting rules that establish criteria for reviews of | 32675 |
|
applications of certificates of need, the | 32676 |
| consider the availability of and need for long-term care beds to | 32677 |
| provide care and treatment to persons diagnosed as having | 32678 |
| traumatic brain injuries and shall prescribe criteria for | 32679 |
| reviewing applications that propose to add long-term care beds to | 32680 |
| provide care and treatment to persons diagnosed as having | 32681 |
| traumatic brain injuries. | 32682 |
| (2) The criteria for reviews of applications for certificates | 32683 |
| of need shall relate to the need for the reviewable activity and | 32684 |
| shall pertain to all of the following matters: | 32685 |
| (a) The impact of the reviewable activity on the cost and | 32686 |
|
quality of | 32687 |
| 32688 | |
| historical and projected utilization of the services to which the | 32689 |
| application pertains and the effect of the reviewable activity on | 32690 |
| utilization of other providers of similar services; | 32691 |
| (b) The quality of the services to be provided as the result | 32692 |
| of the activity, as evidenced by the historical performance of the | 32693 |
| persons that will be involved in providing the services and by the | 32694 |
| provisions that are proposed in the application to ensure quality, | 32695 |
| including but not limited to adequate available personnel, | 32696 |
| available ancillary and support services, available equipment, | 32697 |
| size and configuration of physical plant, and relations with other | 32698 |
| providers; | 32699 |
| (c) The impact of the reviewable activity on the availability | 32700 |
| and accessibility of the type of services proposed in the | 32701 |
|
application to the population of the relevant | 32702 |
| area, and the level of access to the services proposed in the | 32703 |
| application that will be provided to medically underserved | 32704 |
| individuals such as recipients of public assistance and | 32705 |
| individuals who have no health insurance or whose health insurance | 32706 |
| is insufficient; | 32707 |
| (d) The activity's short- and long-term financial feasibility | 32708 |
| and cost-effectiveness, the impact of the activity on the | 32709 |
| applicant's costs and charges, and a comparison of the applicant's | 32710 |
| costs and charges with those of providers of similar services in | 32711 |
| the applicant's proposed service area; | 32712 |
| (e) The advantages, disadvantages, and costs of alternatives | 32713 |
| to the reviewable activity; | 32714 |
| (f) The impact of the activity on all other providers of | 32715 |
|
similar services in the | 32716 |
| 32717 | |
| utilization, market share, and financial status; | 32718 |
| (g) The historical performance of the applicant and related | 32719 |
| or affiliated parties in complying with previously granted | 32720 |
| certificates of need and any applicable certification, | 32721 |
| accreditation, or licensure requirements; | 32722 |
| (h) | 32723 |
| 32724 | |
| 32725 |
| | 32726 |
|
or affiliated parties in providing cost-effective | 32727 |
| care services; | 32728 |
| | 32729 |
| or population proposed to be served by the proposed project, | 32730 |
| including research activities, prevalence of particular diseases, | 32731 |
| unusual demographic characteristics, cost-effective contractual | 32732 |
| affiliations, and other special circumstances; | 32733 |
| | 32734 |
| proposed site of the activity; | 32735 |
| | 32736 |
| conducted by the United States food and drug administration or | 32737 |
| clinical trials sponsored by the national institutes of health. | 32738 |
| (3) The criteria for reviews of applications shall include a | 32739 |
| formula for determining each county's long-term care bed need for | 32740 |
| purposes of section 3702.593 of the Revised Code and may include | 32741 |
| other formulas for determining need for beds. | 32742 |
| Any rules prescribing criteria that establish ratios of beds | 32743 |
| to population shall specify the bases for establishing the ratios | 32744 |
| or mitigating factors or exceptions to the ratios. | 32745 |
| (B) The | 32746 |
| the following: | 32747 |
| (1) Information that must be provided in applications for | 32748 |
| certificates of need; | 32749 |
| (2) Procedures for reviewing applications for completeness of | 32750 |
| information; | 32751 |
| (3) Criteria for determining that the application is | 32752 |
| complete. | 32753 |
| (C) The | 32754 |
| requirements that holders of certificates of need must meet in | 32755 |
| order for the certificates to remain valid and establishing | 32756 |
| definitions and requirements for obligation of capital | 32757 |
| expenditures and implementation of projects authorized by | 32758 |
| certificates of need. | 32759 |
| (D) The | 32760 |
| criteria and procedures under which the director of health may | 32761 |
| withdraw a certificate of need if the holder fails to meet | 32762 |
| requirements for continued validity of the certificate. | 32763 |
| (E) The | 32764 |
| procedures under which the department of health shall monitor | 32765 |
| project implementation activities of holders of certificates of | 32766 |
| need. The rules adopted under this division also may establish | 32767 |
| procedures for monitoring implementation activities of persons | 32768 |
| that have received nonreviewability rulings. | 32769 |
| (F) The | 32770 |
| procedures under which the director of health shall review | 32771 |
| certificates of need whose holders exceed or appear likely to | 32772 |
| exceed an expenditure maximum specified in a certificate. | 32773 |
| (G) The | 32774 |
| certificate of need application fees sufficient to pay the costs | 32775 |
| incurred by the department for administering sections 3702.51 to | 32776 |
|
3702.62 of the Revised Code | 32777 |
| 32778 | |
| 32779 | |
| division establishing different application fees, the application | 32780 |
| fee for a project not involving a capital expenditure shall be | 32781 |
| three thousand dollars and the application fee for a project | 32782 |
| involving a capital expenditure shall be nine-tenths of one per | 32783 |
| cent of the capital expenditure proposed subject to a minimum of | 32784 |
| three thousand dollars and a maximum of twenty thousand dollars. | 32785 |
| (H) The | 32786 |
| information that is necessary to conduct reviews of certificate of | 32787 |
|
need applications and to develop | 32788 |
|
reviews that | 32789 |
| 32790 | |
| of section 3702.52 of the Revised Code. | 32791 |
| (I) The | 32792 |
| "affiliated person," "related person," and "ultimate controlling | 32793 |
|
interest" for purposes of section | 32794 |
| Code. | 32795 |
| (J) The | 32796 |
| requirements for holders of certificates of need to demonstrate to | 32797 |
|
the director under section | 32798 |
| that reasonable progress is being made toward completion of the | 32799 |
| reviewable activity and establishing standards by which the | 32800 |
| director shall determine whether reasonable progress is being | 32801 |
| made. | 32802 |
| (K) The | 32803 |
| under divisions (A) to (J) of this section in accordance with | 32804 |
|
Chapter 119. of the Revised Code. The | 32805 |
| other rules as necessary to carry out the purposes of sections | 32806 |
| 3702.51 to 3702.62 of the Revised Code. | 32807 |
| Sec. 3702.59. (A) The director of health shall accept for | 32808 |
| review certificate of need applications as provided in sections | 32809 |
| 3702.592, 3702.593, and 3702.594 of the Revised Code. | 32810 |
| (B)(1) The director shall not approve an application for a | 32811 |
| certificate of need for the addition of long-term care beds to an | 32812 |
|
existing | 32813 |
|
a new
| 32814 |
| apply: | 32815 |
| (a) The existing | 32816 |
| beds are being placed has one or more waivers for life safety code | 32817 |
| deficiencies, one or more state fire code violations, or one or | 32818 |
| more state building code violations, and the project identified in | 32819 |
| the application does not propose to correct all life safety code | 32820 |
| deficiencies for which a waiver has been granted, all state fire | 32821 |
| code violations, and all state building code violations at the | 32822 |
|
existing | 32823 |
| being placed; | 32824 |
| (b) During the sixty-month period preceding the filing of the | 32825 |
| application, a notice of proposed license revocation was issued | 32826 |
|
under section 3721.03 of the Revised Code for the existing | 32827 |
| long-term care facility in which the beds are being placed or a | 32828 |
| nursing home owned or operated by the applicant or a principal | 32829 |
| participant. | 32830 |
| (c) During the period that precedes the filing of the | 32831 |
| application and is encompassed by the three most recent standard | 32832 |
|
surveys of the existing | 32833 |
| the beds are being placed, any of the following occurred: | 32834 |
| (i) The facility was cited on three or more separate | 32835 |
| occasions for final, nonappealable actual harm but not immediate | 32836 |
| jeopardy deficiencies. | 32837 |
| (ii) The facility was cited on two or more separate occasions | 32838 |
| for final, nonappealable immediate jeopardy deficiencies. | 32839 |
| (iii) The facility was cited on two separate occasions for | 32840 |
| final, nonappealable actual harm but not immediate jeopardy | 32841 |
| deficiencies and on one occasion for a final, nonappealable | 32842 |
| immediate jeopardy deficiency. | 32843 |
| (d) More than two nursing homes owned or operated in this | 32844 |
| state by the applicant or a principal participant or, if the | 32845 |
| applicant or a principal participant owns or operates more than | 32846 |
| twenty nursing homes in this state, more than ten per cent of | 32847 |
| those nursing homes, were each cited during the period that | 32848 |
| precedes the filing of the application for the certificate of need | 32849 |
| and is encompassed by the three most recent standard surveys of | 32850 |
| the nursing homes that were so cited in any of the following | 32851 |
| manners: | 32852 |
| (i) On three or more separate occasions for final, | 32853 |
| nonappealable actual harm but not immediate jeopardy deficiencies; | 32854 |
| (ii) On two or more separate occasions for final, | 32855 |
| nonappealable immediate jeopardy deficiencies; | 32856 |
| (iii) On two separate occasions for final, nonappealable | 32857 |
| actual harm but not immediate jeopardy deficiencies and on one | 32858 |
| occasion for a final, nonappealable immediate jeopardy deficiency. | 32859 |
| (2) In applying divisions (B)(1)(a) to (d) of this section, | 32860 |
| the director shall not consider deficiencies or violations cited | 32861 |
| before the applicant or a principal participant acquired or began | 32862 |
|
to own or operate the | 32863 |
| deficiencies or violations were cited. The director may disregard | 32864 |
|
deficiencies and violations cited after the | 32865 |
| facility was acquired or began to be operated by the applicant or | 32866 |
| a principal participant if the deficiencies or violations were | 32867 |
| attributable to circumstances that arose under the previous owner | 32868 |
| or operator and the applicant or principal participant has | 32869 |
| implemented measures to alleviate the circumstances. In the case | 32870 |
|
of an application proposing development of a new | 32871 |
| care facility by relocation of beds, the director shall not | 32872 |
| consider deficiencies or violations that were solely attributable | 32873 |
|
to the physical plant of the existing | 32874 |
| facility from which the beds are being relocated. | 32875 |
| (C) The director also shall accept for review any application | 32876 |
| for the conversion of infirmary beds to long-term care beds if the | 32877 |
| infirmary meets all of the following conditions: | 32878 |
| (1) Is operated exclusively by a religious order; | 32879 |
| (2) Provides care exclusively to members of religious orders | 32880 |
| who take vows of celibacy and live by virtue of their vows within | 32881 |
| the orders as if related; | 32882 |
| (3) Was providing care exclusively to members of such a | 32883 |
| religious order on January 1, 1994. | 32884 |
| (D) Notwithstanding division (C)(2) of this section, a | 32885 |
| facility that has been granted a certificate of need under | 32886 |
| division (C) of this section may provide care to any of the | 32887 |
| following family members of the individuals described in division | 32888 |
| (C)(2) of this section: mothers, fathers, brothers, sisters, | 32889 |
| brothers-in-law, sisters-in-law, or children. | 32890 |
| The long-term care beds in a facility that have been granted | 32891 |
| a certificate of need under division (C) of this section may not | 32892 |
| be relocated pursuant to sections 3702.592 to 3702.594 of the | 32893 |
| Revised Code. | 32894 |
| Sec. 3702.592. (A) The director of health shall accept, for | 32895 |
| review under section 3702.52 of the Revised Code, certificate of | 32896 |
| need applications for any of the following purposes if the | 32897 |
|
proposed increase in beds is attributable | 32898 |
|
or relocation of existing beds from an existing | 32899 |
| care facility within the same county: | 32900 |
| (1) Approval of beds in a new | 32901 |
|
or an increase of beds in an existing | 32902 |
| facility if the beds are proposed to be licensed as nursing home | 32903 |
| beds under Chapter 3721. of the Revised Code; | 32904 |
| (2) Approval of beds in a new county home or new county | 32905 |
| nursing home, or an increase of beds in an existing county home or | 32906 |
| existing county nursing home if the beds are proposed to be | 32907 |
| certified as skilled nursing facility beds under the medicare | 32908 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 32909 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 32910 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 32911 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 32912 |
| (3) An increase of hospital beds registered pursuant to | 32913 |
| section 3701.07 of the Revised Code as long-term care beds; | 32914 |
| (4) An increase of hospital beds registered pursuant to | 32915 |
| section 3701.07 of the Revised Code as special skilled nursing | 32916 |
| beds that were originally authorized by and are operated in | 32917 |
|
accordance with section | 32918 |
| (B) The director shall accept applications described in | 32919 |
| division (A) of this section at any time. | 32920 |
| Sec. 3702.593. (A) At the times specified in this section, | 32921 |
| the director of health shall accept, for review under section | 32922 |
| 3702.52 of the Revised Code, certificate of need applications for | 32923 |
| any of the following purposes if the proposed increase in beds is | 32924 |
| attributable solely to relocation of existing beds from an | 32925 |
|
existing | 32926 |
|
beds to a
| 32927 |
| there are fewer long-term care beds than the county's bed need: | 32928 |
| (1) Approval of beds in a new | 32929 |
|
or an increase of beds in an existing | 32930 |
| facility if the beds are proposed to be licensed as nursing home | 32931 |
| beds under Chapter 3721. of the Revised Code; | 32932 |
| (2) Approval of beds in a new county home or new county | 32933 |
| nursing home, or an increase of beds in an existing county home or | 32934 |
| existing county nursing home if the beds are proposed to be | 32935 |
| certified as skilled nursing facility beds under the medicare | 32936 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 32937 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 32938 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 32939 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 32940 |
| (3) An increase of hospital beds registered pursuant to | 32941 |
| section 3701.07 of the Revised Code as long-term care beds. | 32942 |
| (B) For the purpose of implementing this section, the | 32943 |
| director shall do all of the following: | 32944 |
| (1) | 32945 |
| years thereafter, determine the long-term care bed supply for each | 32946 |
| county, which shall consist of all of the following: | 32947 |
| (a) Nursing home beds licensed under Chapter 3721. of the | 32948 |
| Revised Code; | 32949 |
| (b) Beds certified as skilled nursing facility beds under the | 32950 |
| medicare program or nursing facility beds under the medicaid | 32951 |
| program; | 32952 |
| (c) Beds in any portion of a hospital that are properly | 32953 |
| registered under section 3701.07 of the Revised Code as skilled | 32954 |
| nursing beds, long-term care beds, or special skilled nursing | 32955 |
| beds; | 32956 |
| (d) Beds in a county home or county nursing home that are | 32957 |
| certified under section 5155.38 of the Revised Code as having been | 32958 |
| in operation on July 1, 1993, and are eligible for licensure as | 32959 |
| nursing home beds; | 32960 |
| | 32961 |
| 32962 | |
| (O)(5) of section 3702.51 of the Revised Code. | 32963 |
| (2) Determine the long-term care bed occupancy rate for the | 32964 |
| state at the time the determination is made; | 32965 |
| (3) For each county, determine the county's bed need by | 32966 |
| identifying the number of long-term care beds that would be needed | 32967 |
| in the county in order for the statewide occupancy rate for a | 32968 |
| projected population aged sixty-five and older to be ninety per | 32969 |
| cent. | 32970 |
| In determining each county's bed need, the director shall use | 32971 |
| the formula developed in rules adopted under section 3702.57 of | 32972 |
|
the Revised Code. | 32973 |
| 32974 | |
| 32975 | |
| 32976 | |
| four years. After each determination is made, the director shall | 32977 |
| publish the county's bed need on the web site maintained by the | 32978 |
| department of health. | 32979 |
| (C) The director's consideration of a certificate of need | 32980 |
| that would increase the number of beds in a county shall be | 32981 |
| consistent with the county's bed need determined under division | 32982 |
| (B) of this section except as follows: | 32983 |
| (1) If a county's occupancy rate is less than eighty-five per | 32984 |
| cent, the county shall be considered to have no need for | 32985 |
| additional beds. | 32986 |
| (2) Even if a county is determined not to need any additional | 32987 |
| long-term care beds, the director may approve an increase in beds | 32988 |
| equal to up to ten per cent of the county's bed supply if the | 32989 |
| county's occupancy rate is greater than ninety per cent. | 32990 |
| (D)(1) | 32991 |
| 32992 | |
|
review process | 32993 |
| begin July 1, 2010, and end June 30, 2012. The next review period | 32994 |
| shall begin July 1, 2012, and end June 30, 2016. Thereafter, the | 32995 |
| review period for each comparative review process shall begin on | 32996 |
| the first day of July following the end of the previous review | 32997 |
| period and shall be four years. | 32998 |
| (2) Certificate of need applications shall be accepted during | 32999 |
|
the first month of the review period and reviewed | 33000 |
| 33001 | |
| following year. | 33002 |
| (3) Except for the first review period after | 33003 |
| 33004 | |
| consist of two phases. The first phase of the review period shall | 33005 |
| be the period during which the director accepts and reviews | 33006 |
| certificate of need applications as provided in division (D)(2) of | 33007 |
| this section. If the director determines that there will be | 33008 |
| acceptance and review of additional certificate of need | 33009 |
| applications, the second phase of the review period shall begin on | 33010 |
| the first day of July of the third year of the review period. The | 33011 |
| second phase shall be limited to acceptance and review of | 33012 |
| applications for redistribution of beds made available pursuant to | 33013 |
|
division | 33014 |
| first and second phases of the review period, the director shall | 33015 |
|
act in accordance with division | 33016 |
| (E) The director shall consider certificate of need | 33017 |
| applications in accordance with all of the following: | 33018 |
| (1) The number of beds approved for a county shall include | 33019 |
| only beds available for relocation from another county and shall | 33020 |
| not exceed the bed need of the receiving county; | 33021 |
| (2) The director shall consider the existence of community | 33022 |
| resources serving persons who are age sixty-five or older or | 33023 |
| disabled that are demonstrably effective in providing alternatives | 33024 |
| to long-term care facility placement. | 33025 |
| (3) The director shall approve relocation of beds from a | 33026 |
| county only if, after the relocation, the number of beds remaining | 33027 |
| in the county will exceed the county's bed need by at least one | 33028 |
| hundred beds; | 33029 |
| (4) The director shall approve relocation of beds from a | 33030 |
| 33031 | |
| number of beds in the facility's service area is at least equal to | 33032 |
| the state bed need rate. For purposes of this division, a | 33033 |
| facility's service area shall be either of the following: | 33034 |
| (a) The census tract in which the facility is located, if the | 33035 |
| facility is located in an area designated by the United States | 33036 |
| secretary of health and human services as a health professional | 33037 |
| shortage area under the "Public Health Service Act," 88 Stat. 682 | 33038 |
| (1944), 42 U.S.C. 254(e), as amended; | 33039 |
| (b) The area that is within a fifteen-mile radius of the | 33040 |
| facility's location, if the facility is not located in a health | 33041 |
| professional shortage area. | 33042 |
| (F) Applications made under this section are subject to | 33043 |
| comparative review if two or more applications are submitted | 33044 |
| during the same review period and any of the following applies: | 33045 |
| (1) The applications propose to relocate beds from the same | 33046 |
| county and the number of beds for which certificates of need are | 33047 |
| being requested totals more than the number of beds available in | 33048 |
| the county from which the beds are to be relocated. | 33049 |
| (2) The applications propose to relocate beds to the same | 33050 |
| county and the number of beds for which certificates of need are | 33051 |
| being requested totals more than the number of beds needed in the | 33052 |
| county to which the beds are to be relocated. | 33053 |
| (3) The applications propose to relocate beds from the same | 33054 |
| service area and the number of beds left in the service area from | 33055 |
| which the beds are being relocated would be less than the state | 33056 |
| bed need rate determined by the director. | 33057 |
| (G) In determining which applicants should receive preference | 33058 |
| in the comparative review process, the director shall consider all | 33059 |
| of the following as weighted priorities: | 33060 |
| (1) Whether the beds will be part of a continuing care | 33061 |
| retirement community; | 33062 |
| (2) Whether the beds will serve an underserved population, | 33063 |
| such as low-income individuals, individuals with disabilities, or | 33064 |
| individuals who are members of racial or ethnic minority groups; | 33065 |
| (3) Whether the project in which the beds will be included | 33066 |
| will provide alternatives to institutional care, such as adult | 33067 |
| day-care, home health care, respite or hospice care, mobile meals, | 33068 |
| residential care, independent living, or congregate living | 33069 |
| services; | 33070 |
| (4) Whether the | 33071 |
| operator will participate in medicaid waiver programs for | 33072 |
| alternatives to institutional care; | 33073 |
| (5) Whether the project in which the beds will be included | 33074 |
| will reduce alternatives to institutional care by converting | 33075 |
| residential care beds or other alternative care beds to long-term | 33076 |
| care beds; | 33077 |
| (6) Whether the facility in which the beds will be placed has | 33078 |
| positive resident and family satisfaction surveys; | 33079 |
| (7) Whether the facility in which the beds will be placed has | 33080 |
| fewer than fifty long-term care beds; | 33081 |
| (8) Whether the | 33082 |
| beds will be placed is located within the service area of a | 33083 |
| hospital and is designed to accept patients for rehabilitation | 33084 |
| after an in-patient hospital stay; | 33085 |
| (9) Whether the | 33086 |
| beds will be placed is or proposes to become a nurse aide training | 33087 |
| and testing site; | 33088 |
| (10) The rating, under the centers for medicare and medicaid | 33089 |
| services' five star nursing home quality rating system, of the | 33090 |
| 33091 |
| | 33092 |
| 33093 | |
| 33094 | |
| 33095 | |
| 33096 | |
| 33097 | |
| 33098 | |
| 33099 |
| | 33100 |
| this section that is not subject to comparative review may revise | 33101 |
| the site of the proposed project pursuant to section 3702.522 of | 33102 |
| the Revised Code. | 33103 |
| (I) When a certificate of need application is approved during | 33104 |
| the initial phase of a four-year review period, in addition to the | 33105 |
|
actions required by division | 33106 |
|
the Revised Code, the | 33107 |
| the beds were relocated shall reduce the number of beds operated | 33108 |
| in the facility by a number of beds equal to at least ten per cent | 33109 |
|
of the number of beds relocated | 33110 |
| 33111 | |
| licensed under Chapter 3721. of the Revised Code, the long-term | 33112 |
| care facility shall have the beds removed from the license. If the | 33113 |
| beds are in a facility that is certified as a skilled nursing | 33114 |
| facility or nursing facility under Title XVIII or XIX of the | 33115 |
| "Social Security Act," the facility shall surrender the | 33116 |
| certification of these beds. If the beds are registered as skilled | 33117 |
| nursing beds or long-term care beds under section 3701.07 of the | 33118 |
| Revised Code, the long-term care facility shall surrender the | 33119 |
| registration for these beds. This reduction shall be made not | 33120 |
| later than the completion date of the project for which the beds | 33121 |
| were relocated. | 33122 |
| | 33123 |
| in the first phase of a four-year review period is complete, the | 33124 |
| director shall make a new determination of the bed need for each | 33125 |
| county by reducing the county's bed need by the number of beds | 33126 |
| approved for relocation to the county. The new bed-need | 33127 |
| determination shall be made not later than the first day of April | 33128 |
| of the third year of the review period. | 33129 |
| (2) The director may publish on the department's web site the | 33130 |
| remaining bed need for counties that will be considered for | 33131 |
|
redistribution of beds that, in accordance with division | 33132 |
| of this section, have ceased or will cease to be operated. The | 33133 |
| director shall base the determination of whether to include a | 33134 |
| county on all of the following: | 33135 |
| (a) The statewide number of beds that, in accordance with | 33136 |
|
division | 33137 |
| be operated; | 33138 |
| (b) The county's remaining bed need; | 33139 |
| (c) The county's bed occupancy rate. | 33140 |
| | 33141 |
|
county under division | 33142 |
| beginning on the first day of the second phase of the review | 33143 |
| period, accept certificate of need applications for redistribution | 33144 |
|
to
| 33145 |
| have ceased or will cease operation in accordance with division | 33146 |
| 33147 | |
| redistribution in the second phase of a review period shall not | 33148 |
| exceed the number that have ceased or will cease operation in | 33149 |
|
accordance with division | 33150 |
| not approved for redistribution during the second phase of a | 33151 |
| review period shall not be available for redistribution at any | 33152 |
| future time. | 33153 |
| Sec. 3702.594. (A) The director of health shall accept, for | 33154 |
| review under section 3702.52 of the Revised Code, certificate of | 33155 |
| need applications for an increase in beds in an existing nursing | 33156 |
| home if all of the following conditions are met: | 33157 |
| (1) The proposed increase is attributable solely to a | 33158 |
| relocation of licensed nursing home beds from an existing nursing | 33159 |
| home to another existing nursing home located in a county that is | 33160 |
| contiguous to the county from which the beds are to be relocated; | 33161 |
| (2) Not more than a total of thirty nursing home beds are | 33162 |
| proposed for relocation to the same existing nursing home | 33163 |
| regardless of the number of applications filed. Once the | 33164 |
| cumulative total of beds relocated under this section to a nursing | 33165 |
| home reaches thirty, no further applications under this section | 33166 |
| will be accepted until the period of monitoring specified in | 33167 |
| division (E) of section 3702.52 of the Revised Code of the most | 33168 |
| recent reviewable activity implemented under this section has | 33169 |
| expired; | 33170 |
| (3) After the proposed relocation, there will be existing | 33171 |
| nursing home beds remaining in the county from which the beds are | 33172 |
| relocated; | 33173 |
| (4) The beds are proposed to be licensed as nursing home beds | 33174 |
| under Chapter 3721. of the Revised Code. | 33175 |
| (B) The director shall accept applications described in | 33176 |
| division (A) of this section at any time. | 33177 |
| Sec. 3702.60. (A) Any affected person may appeal a | 33178 |
|
reviewability ruling
| 33179 |
| director of health in accordance with Chapter 119. of the Revised | 33180 |
| Code, and the director shall provide an adjudication hearing in | 33181 |
| accordance with that chapter. An affected person may appeal the | 33182 |
| director's ruling in the adjudication hearing to the tenth | 33183 |
| district court of appeals. | 33184 |
| (B) The certificate of need applicant or another affected | 33185 |
| person may appeal to the director in accordance with Chapter 119. | 33186 |
|
of the Revised Code a decision issued by the director | 33187 |
| 33188 | |
| 33189 | |
| 33190 | |
| adjudication hearing in accordance with that chapter. The | 33191 |
| certificate of need applicant or other affected person that | 33192 |
| appeals the director's decision to grant or deny a certificate of | 33193 |
| need application must prove by a preponderance of the evidence | 33194 |
| that the director's decision is not in accordance with sections | 33195 |
| 3702.52 to 3702.62 of the Revised Code or rules adopted under | 33196 |
| those sections. The certificate of need applicant or an affected | 33197 |
| person that was a party to and participated in an adjudication | 33198 |
|
hearing conducted under this division | 33199 |
| 33200 | |
| decision issued by the director following the adjudication | 33201 |
|
hearing. | 33202 |
| 33203 | |
| 33204 | |
| 33205 | |
| 33206 | |
| 33207 | |
| 33208 |
| (C) The certificate of need holder may appeal to the director | 33209 |
| in accordance with Chapter 119. of the Revised Code a decision | 33210 |
|
issued by the director under section 3702.52 or
| 33211 |
|
of the Revised Code | 33212 |
| certificate of need, and the director shall provide an | 33213 |
| adjudication hearing in accordance with that chapter. The person | 33214 |
| may appeal the director's ruling in the adjudication hearing to | 33215 |
| the tenth district court of appeals. | 33216 |
| (D) Any person determined by the director to have violated | 33217 |
| section 3702.53 of the Revised Code may appeal that determination, | 33218 |
| or the penalties imposed under section 3702.54 or 3702.541 of the | 33219 |
| Revised Code, to the director in accordance with Chapter 119. of | 33220 |
| the Revised Code, and the director shall provide an adjudication | 33221 |
| hearing in accordance with that chapter. The person may appeal the | 33222 |
| director's ruling in the adjudication hearing to the tenth | 33223 |
| district court of appeals. | 33224 |
| (E) Each person appealing under this section to the director | 33225 |
| shall file with the director, not later than thirty days after the | 33226 |
| decision, ruling, or determination of the director was mailed, a | 33227 |
| notice of appeal designating the decision, ruling, or | 33228 |
| determination appealed from. | 33229 |
| (F) Each person appealing under this section to the tenth | 33230 |
| district court of appeals shall file with the court, not later | 33231 |
| than thirty days after the date the director's adjudication order | 33232 |
| was mailed, a notice of appeal designating the order appealed | 33233 |
| from. The appellant also shall file notice with the director not | 33234 |
| later than thirty days after the date the order was mailed. | 33235 |
| (1) Not later than thirty days after receipt of the notice of | 33236 |
| appeal, the director shall prepare and certify to the court the | 33237 |
| complete record of the proceedings out of which the appeal arises. | 33238 |
| The expense of preparing and transcribing the record shall be | 33239 |
| taxed as part of the costs of the appeal. In the event that the | 33240 |
| record or a part thereof is not certified within the time | 33241 |
| prescribed by this division, the appellant may apply to the court | 33242 |
| for an order that the record be certified. | 33243 |
| (2) In hearing the appeal, the court shall consider only the | 33244 |
| evidence contained in the record certified to it by the director. | 33245 |
| The court may remand the matter to the director for the admission | 33246 |
| of additional evidence on a finding that the additional evidence | 33247 |
| is material, newly discovered, and could not with reasonable | 33248 |
| diligence have been ascertained before the hearing before the | 33249 |
| director. Except as otherwise provided by statute, the court shall | 33250 |
| give the hearing on the appeal preference over all other civil | 33251 |
| matters, irrespective of the position of the proceedings on the | 33252 |
| calendar of the court. | 33253 |
| (3) The court shall affirm the director's order if it finds, | 33254 |
| upon consideration of the entire record and any additional | 33255 |
| evidence admitted under division (F)(2) of this section, that the | 33256 |
| order is supported by reliable, probative, and substantial | 33257 |
| evidence and is in accordance with law. In the absence of such a | 33258 |
| finding, it shall reverse, vacate, or modify the order. | 33259 |
| (4) If the court determines that the director committed | 33260 |
| material procedural error, the court shall remand the matter to | 33261 |
| the director for further consideration or action. | 33262 |
| (G) The court may award reasonable attorney's fees against | 33263 |
| the appellant if it determines that the appeal was frivolous. | 33264 |
| Sections 119.092, 119.093, and 2335.39 of the Revised Code do not | 33265 |
| apply to adjudication hearings under this section or section | 33266 |
| 3702.52 of the Revised Code and judicial appeals under this | 33267 |
| section. | 33268 |
| (H) No person may intervene in an appeal brought under this | 33269 |
| section. | 33270 |
| Sec. 3702.62. | 33271 |
| 33272 | |
| 33273 | |
| 33274 | |
| 33275 | |
| 33276 | |
| 33277 |
| | 33278 |
| 33279 | |
| 33280 | |
| 33281 | |
| 33282 | |
| 33283 | |
| 33284 | |
| 3702.61 of the Revised Code do not apply to any part of long-term | 33285 |
| care facility's campus that is certified as an intermediate care | 33286 |
| facility for the mentally retarded under Title XIX of the "Social | 33287 |
| Security Act," 79 Stat. 343 (1965), 42 U.S.C. 1396 et seq., as | 33288 |
| amended. | 33289 |
| Sec. 3703.01. (A) Except as otherwise provided in this | 33290 |
|
section, the division of | 33291 |
| department of commerce shall do all of the following: | 33292 |
| (1) Inspect all nonresidential buildings within the meaning | 33293 |
| of section 3781.06 of the Revised Code; | 33294 |
| (2) Condemn all unsanitary or defective plumbing that is | 33295 |
| found in connection with those places; | 33296 |
| (3) Order changes in plumbing necessary to insure the safety | 33297 |
| of the public health. | 33298 |
| (B)(1)(a) The division of | 33299 |
| of health of city and general health districts, and county | 33300 |
| building departments shall not inspect plumbing or collect fees | 33301 |
| for inspecting plumbing in particular types of buildings in any | 33302 |
| municipal corporation that is certified by the board of building | 33303 |
| standards under section 3781.10 of the Revised Code to exercise | 33304 |
| enforcement authority for plumbing in those types of buildings. | 33305 |
| (b) The division shall not inspect plumbing or collect fees | 33306 |
| for inspecting plumbing in particular types of buildings in any | 33307 |
| health district that employs one or more plumbing inspectors | 33308 |
| certified pursuant to division (D) of this section to enforce | 33309 |
| Chapters 3781. and 3791. of the Revised Code and the rules adopted | 33310 |
| pursuant to those chapters relating to plumbing in those types of | 33311 |
| buildings. | 33312 |
| (c) The division shall not inspect plumbing or collect fees | 33313 |
| for inspecting plumbing in particular types of buildings in any | 33314 |
| health district where the county building department is authorized | 33315 |
| to inspect those types of buildings pursuant to a contract | 33316 |
| described in division (C)(1) of this section. | 33317 |
| (d) The division shall not inspect plumbing or collect fees | 33318 |
| for inspecting plumbing in particular types of buildings in any | 33319 |
| health district where the board of health has entered into a | 33320 |
| contract with the board of health of another district to conduct | 33321 |
| inspections pursuant to division (C)(2) of this section. | 33322 |
| (2) No county building department shall inspect plumbing or | 33323 |
| collect fees for inspecting plumbing in any type of building in a | 33324 |
| health district unless the department is authorized to inspect | 33325 |
| that type of building pursuant to a contract described in division | 33326 |
| (C)(1) of this section. | 33327 |
| (3) No municipal corporation shall inspect plumbing or | 33328 |
| collect fees for inspecting plumbing in types of buildings for | 33329 |
| which it is not certified by the board of building standards under | 33330 |
| section 3781.10 of the Revised Code to exercise enforcement | 33331 |
| authority. | 33332 |
| (4) No board of health of a health district shall inspect | 33333 |
| plumbing or collect fees for inspecting plumbing in types of | 33334 |
| buildings for which it does not have a plumbing inspector | 33335 |
| certified pursuant to division (D) of this section. | 33336 |
| (C)(1) The board of health of a health district may enter | 33337 |
| into a contract with a board of county commissioners to authorize | 33338 |
| the county building department to inspect plumbing in buildings | 33339 |
| within the health district. The contract may designate that the | 33340 |
| department inspect either residential or nonresidential buildings, | 33341 |
| as those terms are defined in section 3781.06 of the Revised Code, | 33342 |
| or both types of buildings, so long as the department employs or | 33343 |
| contracts with a plumbing inspector certified pursuant to division | 33344 |
| (D) of this section to inspect the types of buildings the contract | 33345 |
| designates. The board of health may enter into a contract | 33346 |
| regardless of whether the health district employs any certified | 33347 |
| plumbing inspectors to enforce Chapters 3781. and 3791. of the | 33348 |
| Revised Code. | 33349 |
| (2) The board of health of a health district, regardless of | 33350 |
| whether it employs any certified plumbing inspectors to enforce | 33351 |
| Chapters 3781. and 3791. of the Revised Code, may enter into a | 33352 |
| contract with the board of health of another health district to | 33353 |
| authorize that board to inspect plumbing in buildings within the | 33354 |
| contracting board's district. The contract may designate the | 33355 |
| inspection of either residential or nonresidential buildings as | 33356 |
| defined in section 3781.06 of the Revised Code, or both types of | 33357 |
| buildings, so long as the board that performs the inspections | 33358 |
| employs a plumbing inspector certified pursuant to division (D) of | 33359 |
| this section to inspect the types of buildings the contract | 33360 |
| designates. | 33361 |
| (D) The superintendent of | 33362 |
| adopt rules prescribing minimum qualifications based on education, | 33363 |
| training, experience, or demonstrated ability, that the | 33364 |
| superintendent shall use in certifying or recertifying plumbing | 33365 |
| inspectors to do plumbing inspections for health districts and | 33366 |
| county building departments that are authorized to perform | 33367 |
| inspections pursuant to a contract under division (C)(1) of this | 33368 |
| section, and for continuing education of plumbing inspectors. | 33369 |
| Those minimum qualifications shall be related to the types of | 33370 |
| buildings for which a person seeks certification. | 33371 |
| (E) The superintendent may enter into reciprocal | 33372 |
| registration, licensure, or certification agreements with other | 33373 |
| states and other agencies of this state relative to plumbing | 33374 |
| inspectors if both of the following apply: | 33375 |
| (1) The requirements for registration, licensure, or | 33376 |
| certification of plumbing inspectors under the laws of the other | 33377 |
| state or laws administered by the other agency are substantially | 33378 |
| equal to the requirements the superintendent adopts under division | 33379 |
| (D) of this section for certifying plumbing inspectors. | 33380 |
| (2) The other state or agency extends similar reciprocity to | 33381 |
| persons certified under this chapter. | 33382 |
| (F) The superintendent may select and contract with one or | 33383 |
| more persons to do all of the following regarding examinations for | 33384 |
| certification of plumbing inspectors: | 33385 |
| (1) Prepare, administer, score, and maintain the | 33386 |
| confidentiality of the examination; | 33387 |
| (2) Maintain responsibility for all expenses required to | 33388 |
| comply with division (F)(1) of this section; | 33389 |
| (3) Charge each applicant a fee for administering the | 33390 |
| examination in an amount the superintendent authorizes; | 33391 |
| (4) Design the examination for certification of plumbing | 33392 |
| inspectors to determine an applicant's competence to inspect | 33393 |
| plumbing. | 33394 |
| (G) Standards and methods prescribed in local plumbing | 33395 |
| regulations shall not be less than those prescribed in Chapters | 33396 |
| 3781. and 3791. of the Revised Code and the rules adopted pursuant | 33397 |
| to those chapters. | 33398 |
| (H) Notwithstanding any other provision of this section, the | 33399 |
| division shall make a plumbing inspection of any building or other | 33400 |
| place that there is reason to believe is in a condition to be a | 33401 |
| menace to the public health. | 33402 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 33403 |
|
3703.08 of the Revised Code, the division of | 33404 |
| compliance shall enforce rules governing plumbing adopted by the | 33405 |
| board of building standards under authority of sections 3781.10 | 33406 |
| and 3781.11 of the Revised Code, and register those persons | 33407 |
| engaged in or at the plumbing business. | 33408 |
| Plans and specifications for all plumbing to be installed in | 33409 |
| or for buildings coming within such sections shall be submitted to | 33410 |
| and approved by the division before the contract for plumbing is | 33411 |
| let. | 33412 |
| Sec. 3703.04. The superintendent of
| 33413 |
| compliance shall appoint such number of plumbing inspectors as is | 33414 |
| required. The inspectors shall be practical plumbers with at least | 33415 |
| seven years' experience, and skilled and well-trained in matters | 33416 |
| pertaining to sanitary regulations concerning plumbing work. | 33417 |
| Sec. 3703.05. Plumbing inspectors employed by the division | 33418 |
|
of | 33419 |
| sections 3703.01 to 3703.08 of the Revised Code may, between | 33420 |
| sunrise and sunset, enter any building where there is good and | 33421 |
| sufficient reason to believe that the sanitary condition of the | 33422 |
| premises endangers the public health, for the purpose of making an | 33423 |
| inspection to ascertain the condition of the premises. | 33424 |
| Sec. 3703.06. When any building is found to be in a sanitary | 33425 |
| condition or when changes which are ordered, under authority of | 33426 |
| this chapter, in the plumbing, drainage, or ventilation have been | 33427 |
| made, and after a thorough inspection and approval by the | 33428 |
|
superintendent of | 33429 |
| shall issue a certificate, which shall be posted in a conspicuous | 33430 |
| place for the benefit of the public at large. Upon notification by | 33431 |
| the superintendent, the certificate shall be revoked for any | 33432 |
| violation of those sections. | 33433 |
| Sec. 3703.07. No plumbing work shall be done in any building | 33434 |
|
or place coming within the jurisdiction of the division of | 33435 |
| industrial compliance, except in cases of repairs or leaks in | 33436 |
| existing plumbing, until a permit has been issued by the division. | 33437 |
| Before granting such permit, an application shall be made by | 33438 |
| the owner of the property or by the person, firm, or corporation | 33439 |
| which is to do the work. The application shall be made on a form | 33440 |
| prepared by the division for the purpose, and each application | 33441 |
| shall be accompanied by a fee of twenty-seven dollars, and an | 33442 |
| additional fee of seven dollars for each trap, vented fixture, | 33443 |
| appliance, or device. Each application also shall be accompanied | 33444 |
| by a plan approval fee of eighteen dollars for work containing one | 33445 |
| through twenty fixtures; thirty-six dollars for work containing | 33446 |
| twenty-one through forty fixtures; and fifty-four dollars for work | 33447 |
| containing forty-one or more fixtures. | 33448 |
| Whenever a reinspection is made necessary by the failure of | 33449 |
| the applicant or plumbing contractor to have the work ready for | 33450 |
| inspection when so reported, or by reason of faulty or improper | 33451 |
| installation, the person shall pay a fee of forty-five dollars for | 33452 |
| each reinspection. | 33453 |
| All fees collected pursuant to this section shall be paid | 33454 |
|
into the state treasury to the credit of the
| 33455 |
| compliance operating fund created in section 121.084 of the | 33456 |
| Revised Code. | 33457 |
| The superintendent of | 33458 |
| adopted in accordance with Chapter 119. of the Revised Code, may | 33459 |
| increase the fees required by this section and may establish fees | 33460 |
| to pay the costs of the division to fulfill its duties established | 33461 |
| by this chapter, including, but not limited to, fees for | 33462 |
| administering a program for continuing education for, and | 33463 |
| certifying and recertifying plumbing inspectors. The fees shall | 33464 |
| bear some reasonable relationship to the cost of administering and | 33465 |
| enforcing the provisions of this chapter. | 33466 |
| Sec. 3703.08. Any owner, agent, or manager of a building in | 33467 |
|
which an inspection is made by the division of | 33468 |
| compliance, a board of health of a health district, or a certified | 33469 |
| department of building inspection of a municipal corporation or a | 33470 |
| county shall have the entire system of drainage and ventilation | 33471 |
| repaired, as the division, board of health, or department of | 33472 |
| building inspection directs by its order. After due notice to | 33473 |
| repair that work is given, the owner, agent, or manager shall | 33474 |
| notify the public authority that issued the order when the work is | 33475 |
| ready for its inspection. No person shall fail to have the work | 33476 |
| ready for inspection at the time specified in the notice. | 33477 |
| Sec. 3703.10. All prosecutions and proceedings by the | 33478 |
|
division of | 33479 |
| sections 3703.01 to 3703.08 of the Revised Code, or for the | 33480 |
| violation of any of the orders or rules of the division under | 33481 |
| those sections, shall be instituted by the superintendent of | 33482 |
| 33483 | |
| the division shall be paid into the state treasury to the credit | 33484 |
|
of the | 33485 |
| section 121.084 of the Revised Code. | 33486 |
| The superintendent, the board of health of a general or city | 33487 |
| health district, or any person charged with enforcing the rules of | 33488 |
| the division adopted under sections 3703.01 to 3703.08 of the | 33489 |
| Revised Code may petition the court of common pleas for injunctive | 33490 |
| or other appropriate relief requiring any person violating a rule | 33491 |
| adopted or order issued by the superintendent under those sections | 33492 |
| to comply with the rule or order. The court of common pleas of the | 33493 |
| county in which the offense is alleged to be occurring may grant | 33494 |
| injunctive or other appropriate relief. | 33495 |
| The superintendent may do all of the following: | 33496 |
| (A) Deny an applicant certification as a plumbing inspector; | 33497 |
| (B) Suspend or revoke the certification of a plumbing | 33498 |
| inspector; | 33499 |
| (C) Examine any certified plumbing inspector under oath; | 33500 |
| (D) Examine the records and books of any certified plumbing | 33501 |
| inspector if the superintendent finds the material to be examined | 33502 |
| relevant to a determination described in division (A), (B), or (C) | 33503 |
| of this section. | 33504 |
| Sec. 3703.21. (A) Within ninety days after September 16, | 33505 |
|
2004, the superintendent of | 33506 |
| appoint a backflow advisory board consisting of not more than ten | 33507 |
| members, who shall serve at the pleasure of the superintendent. | 33508 |
| The superintendent shall appoint a representative from the | 33509 |
|
plumbing section of the division of | 33510 |
| three representatives recommended by the plumbing administrator of | 33511 |
|
the division of | 33512 |
| the drinking water program of the Ohio environmental protection | 33513 |
| agency, three representatives recommended by the director of | 33514 |
| environmental protection, and not more than two members who are | 33515 |
| not employed by the plumbing or water industry. | 33516 |
| The board shall advise the superintendent on matters | 33517 |
| pertaining to the training and certification of backflow | 33518 |
| technicians. | 33519 |
| (B) The superintendent shall adopt rules in accordance with | 33520 |
| Chapter 119. of the Revised Code to provide for the certification | 33521 |
| of backflow technicians. The rules shall establish all of the | 33522 |
| following requirements, specifications, and procedures: | 33523 |
| (1) Requirements and procedures for the initial certification | 33524 |
| of backflow technicians, including eligibility criteria and | 33525 |
| application requirements and fees; | 33526 |
| (2) Specifications concerning and procedures for taking | 33527 |
| examinations required for certification as a backflow technician, | 33528 |
| including eligibility criteria to take the examination and | 33529 |
| application requirements and fees for taking the examination; | 33530 |
| (3) Specifications concerning and procedures for renewing a | 33531 |
| certification as a backflow technician, including eligibility | 33532 |
| criteria, application requirements, and fees for renewal; | 33533 |
| (4) Specifications concerning and procedures for both of the | 33534 |
| following: | 33535 |
| (a) Approval of training agencies authorized to teach | 33536 |
| required courses to candidates for certification as backflow | 33537 |
| technicians or continuing education courses to certified backflow | 33538 |
| technicians; | 33539 |
| (b) Renewal of the approval described in division (B)(4)(a) | 33540 |
| of this section. | 33541 |
| (5) Education requirements that candidates for initial | 33542 |
| certification as backflow technicians must satisfy and continuing | 33543 |
| education requirements that certified backflow technicians must | 33544 |
| satisfy; | 33545 |
| (6) Grounds and procedures for denying, suspending, or | 33546 |
| revoking certification, or denying the renewal of certification, | 33547 |
| as a backflow technician; | 33548 |
| (7) Procedures for issuing administrative orders for the | 33549 |
| remedy of any violation of this section or any rule adopted | 33550 |
| pursuant to division (B) of this section, including, but not | 33551 |
| limited to, procedures for assessing a civil penalty authorized | 33552 |
| under division (D) of this section; | 33553 |
| (8) Any provision the superintendent determines is necessary | 33554 |
| to administer or enforce this section. | 33555 |
| (C) No individual shall engage in the installation, testing, | 33556 |
| or repair of any isolation backflow prevention device unless that | 33557 |
| individual possesses a valid certification as a backflow | 33558 |
| technician. This division does not apply with respect to the | 33559 |
| installation, testing, or repair of any containment backflow | 33560 |
| prevention device. | 33561 |
| (D) Whoever violates division (C) of this section or any rule | 33562 |
| adopted pursuant to division (B) of this section shall pay a civil | 33563 |
| penalty of not more than five thousand dollars for each day that | 33564 |
| the violation continues. The superintendent may, by order, assess | 33565 |
| a civil penalty under this division, or may request the attorney | 33566 |
| general to bring a civil action to impose the civil penalty in the | 33567 |
| court of common pleas of the county in which the violation | 33568 |
| occurred or where the violator resides. | 33569 |
| (E) Any action taken under a rule adopted pursuant to | 33570 |
| division (B)(6) of this section is subject to the appeal process | 33571 |
| of Chapter 119. of the Revised Code. An administrative order | 33572 |
| issued pursuant to rules adopted under division (B)(7) of this | 33573 |
| section and an appeal to that type of administrative order shall | 33574 |
| be executed in accordance with Chapter 119. of the Revised Code. | 33575 |
| (F) As used in this section: | 33576 |
| (1) "Isolation backflow prevention device" means a device for | 33577 |
| the prevention of the backflow of liquids, solids, or gases that | 33578 |
| is regulated by the building code adopted pursuant to section | 33579 |
| 3781.10 of the Revised Code and rules adopted pursuant to this | 33580 |
| section. | 33581 |
| (2) "Containment backflow prevention device" means a device | 33582 |
| for the prevention of the backflow of liquids, solids, or gases | 33583 |
| that is installed by the supplier of, or as a requirement of, any | 33584 |
| public water system as defined in division (A) of section 6109.01 | 33585 |
| of the Revised Code. | 33586 |
| Sec. 3703.99. Whoever violates sections 3703.01 to 3703.08 | 33587 |
|
of the Revised Code, or any rule the division of | 33588 |
| compliance is required to enforce under such sections, shall be | 33589 |
| fined not less than ten nor more than one hundred dollars or | 33590 |
| imprisoned for not less than ten nor more than ninety days, or | 33591 |
| both. No person shall be imprisoned under this section for the | 33592 |
| first offense, and the prosecution always shall be as for a first | 33593 |
| offense unless the affidavit upon which the prosecution is | 33594 |
| instituted contains the allegation that the offense is a second or | 33595 |
| repeated offense. | 33596 |
| Sec. 3704.035. (A) There is hereby created in the state | 33597 |
| treasury the Title V clean air fund. Except as otherwise provided | 33598 |
| in division (K) of section 3745.11 of the Revised Code, all moneys | 33599 |
|
collected under | 33600 |
| division (B) of that section | 33601 |
| 33602 | |
| the director of environmental protection for the purposes of the | 33603 |
|
fund, shall be credited to the fund. | 33604 |
| 33605 | |
| 33606 | |
| 33607 | |
| 33608 | |
| 33609 | |
| 33610 | |
| 33611 | |
| 33612 | |
| 33613 |
| | 33614 |
|
credited to the fund | 33615 |
| 33616 | |
| 33617 | |
| 33618 | |
| 33619 | |
| program pursuant to the federal Clean Air Act, this chapter, and | 33620 |
| rules adopted under it, except as costs relating to enforcement | 33621 |
| are limited by the federal Clean Air Act. The director shall | 33622 |
| establish separate and distinct accounting for all such moneys. | 33623 |
| (B) There is hereby created in the state treasury the | 33624 |
| non-Title V clean air fund. All money collected under divisions | 33625 |
| (D), (F), (G), (H), (I), and (J) of section 3745.11 of the Revised | 33626 |
| Code shall be credited to the fund. In addition, any gifts, | 33627 |
| grants, or contributions received by the director for the purposes | 33628 |
| of the fund shall be credited to the fund. | 33629 |
| The director shall expend money in the fund exclusively to | 33630 |
| pay the cost of administering and enforcing the laws of this state | 33631 |
| pertaining to the prevention, control, and abatement of air | 33632 |
| pollution, rules adopted under those laws, and terms and | 33633 |
| conditions of permits, variances, and orders issued under those | 33634 |
| laws. However, the director shall not expend money credited to the | 33635 |
| fund for the administration and enforcement of the Title V permit | 33636 |
| program established under this chapter and rules adopted under it | 33637 |
| or motor vehicle inspection and maintenance programs established | 33638 |
| under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162 | 33639 |
| of the Revised Code. | 33640 |
| (C) The director shall report biennially to the general | 33641 |
|
assembly the amounts of fees and other moneys credited to the
| 33642 |
| funds under this section and the amounts expended from | 33643 |
| each of the various air pollution control programs. | 33644 |
| Sec. 3705.24. (A)(1) The | 33645 |
| shall, in accordance with section 111.15 of the Revised Code, | 33646 |
| adopt rules prescribing fees for the following items or services | 33647 |
| provided by the state office of vital statistics: | 33648 |
| (a) Except as provided in division (A)(4) of this section: | 33649 |
| (i) A certified copy of a vital record or a certification of | 33650 |
| birth; | 33651 |
| (ii) A search by the office of vital statistics of its files | 33652 |
| and records pursuant to a request for information, regardless of | 33653 |
| whether a copy of a record is provided; | 33654 |
| (iii) A copy of a record provided pursuant to a request. | 33655 |
| (b) Replacement of a birth certificate following an adoption, | 33656 |
| legitimation, paternity determination or acknowledgement, or court | 33657 |
| order; | 33658 |
| (c) Filing of a delayed registration of a vital record; | 33659 |
| (d) Amendment of a vital record that is requested later than | 33660 |
| one year after the filing date of the vital record; | 33661 |
| (e) Any other documents or services for which the | 33662 |
| 33663 | |
| appropriate. | 33664 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 33665 |
| shall not be less than twelve dollars. | 33666 |
| (3) Fees prescribed under division (A)(1) of this section | 33667 |
| shall be collected in addition to any fees required by sections | 33668 |
| 3109.14 and 3705.242 of the Revised Code. | 33669 |
| (4) Fees prescribed under division (A) of this section shall | 33670 |
| not apply to certifications issued under division (H) of this | 33671 |
| section or copies provided under section 3705.241 of the Revised | 33672 |
| Code. | 33673 |
| (B) In addition to the fees prescribed under division (A) of | 33674 |
| this section or section 3709.09 of the Revised Code, the office of | 33675 |
| vital statistics, the board of health of a city or general health | 33676 |
| district, or a local registrar of vital statistics who is not a | 33677 |
| salaried employee of a city or general health district shall | 33678 |
| charge a five-dollar fee for each certified copy of a vital record | 33679 |
| and each certification of birth. This fee shall be deposited in | 33680 |
| the general operations fund created under section 3701.83 of the | 33681 |
| Revised Code and be used to support the operations, the | 33682 |
| modernization, and the automation of the vital records program in | 33683 |
| this state. A board of health or a local registrar shall forward | 33684 |
| all fees collected under this division to the department of health | 33685 |
| not later than thirty days after the end of each calendar quarter. | 33686 |
| (C) Except as otherwise provided in division (H) of this | 33687 |
| section, and except as provided in section 3705.241 of the Revised | 33688 |
| Code, fees collected by the director of health under sections | 33689 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 33690 |
| state treasury to the credit of the general operations fund | 33691 |
| created by section 3701.83 of the Revised Code. Except as provided | 33692 |
| in division (B) or (I) of this section, money generated by the | 33693 |
| fees shall be used only for administration and enforcement of this | 33694 |
| chapter and the rules adopted under it. Amounts submitted to the | 33695 |
| department of health for copies of vital records or services in | 33696 |
| excess of the fees imposed by this section shall be dealt with as | 33697 |
| follows: | 33698 |
| (1) An overpayment of two dollars or less shall be retained | 33699 |
| by the department and deposited in the state treasury to the | 33700 |
| credit of the general operations fund created by section 3701.83 | 33701 |
| of the Revised Code. | 33702 |
| (2) An overpayment in excess of two dollars shall be returned | 33703 |
| to the person who made the overpayment. | 33704 |
| (D) If a local registrar is a salaried employee of a city or | 33705 |
| a general health district, any fees the local registrar receives | 33706 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 33707 |
| the general fund of the city or the health fund of the general | 33708 |
| health district. | 33709 |
| Each local registrar of vital statistics, or each health | 33710 |
| district where the local registrar is a salaried employee of the | 33711 |
| district, shall be entitled to a fee for each birth, fetal death, | 33712 |
| death, or military service certificate properly and completely | 33713 |
| made out and registered with the local registrar or district and | 33714 |
| correctly copied and forwarded to the office of vital statistics | 33715 |
| in accordance with the population of the primary registration | 33716 |
| district at the last federal census. The fee for each birth, fetal | 33717 |
| death, death, or military service certificate shall be: | 33718 |
| (1) In primary registration districts of over two hundred | 33719 |
| fifty thousand, twenty cents; | 33720 |
| (2) In primary registration districts of over one hundred | 33721 |
| twenty-five thousand and less than two hundred fifty thousand, | 33722 |
| sixty cents; | 33723 |
| (3) In primary registration districts of over fifty thousand | 33724 |
| and less than one hundred twenty-five thousand, eighty cents; | 33725 |
| (4) In primary registration districts of less than fifty | 33726 |
| thousand, one dollar. | 33727 |
| (E) The director of health shall annually certify to the | 33728 |
| county treasurers of the several counties the number of birth, | 33729 |
| fetal death, death, and military service certificates registered | 33730 |
| from their respective counties with the names of the local | 33731 |
| registrars and the amounts due each registrar and health district | 33732 |
| at the rates fixed in this section. Such amounts shall be paid by | 33733 |
| the treasurer of the county in which the registration districts | 33734 |
| are located. No fees shall be charged or collected by registrars | 33735 |
| except as provided by this chapter and section 3109.14 of the | 33736 |
| Revised Code. | 33737 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 33738 |
| each certified abstract of marriage prepared and forwarded by the | 33739 |
| probate judge to the department of health pursuant to section | 33740 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 33741 |
| fee paid for a marriage license and shall be paid by the | 33742 |
| applicants for the license. | 33743 |
| (G) The clerk of a court of common pleas shall be paid a fee | 33744 |
| of one dollar for each certificate of divorce, dissolution, and | 33745 |
| annulment of marriage prepared and forwarded by the clerk to the | 33746 |
| department pursuant to section 3705.21 of the Revised Code. The | 33747 |
| fee for the certified abstract of divorce, dissolution, or | 33748 |
| annulment of marriage shall be added to the court costs allowed in | 33749 |
| these cases. | 33750 |
| (H) The fee for an heirloom certification of birth issued | 33751 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 33752 |
| shall be an amount prescribed by rule by the director of health | 33753 |
| plus any fee required by section 3109.14 of the Revised Code. In | 33754 |
| setting the amount of the fee, the director shall establish a | 33755 |
| surcharge in addition to an amount necessary to offset the expense | 33756 |
| of processing heirloom certifications of birth. The fee prescribed | 33757 |
| by the director of health pursuant to this division shall be | 33758 |
| deposited into the state treasury to the credit of the heirloom | 33759 |
| certification of birth fund which is hereby created. Money | 33760 |
| credited to the fund shall be used by the office of vital | 33761 |
| statistics to offset the expense of processing heirloom | 33762 |
| certifications of birth. However, the money collected for the | 33763 |
| surcharge, subject to the approval of the controlling board, shall | 33764 |
| be used for the purposes specified by the family and children | 33765 |
| first council pursuant to section 121.37 of the Revised Code. | 33766 |
| (I)(1) Four dollars of each fee collected by the board of | 33767 |
| health of a city or general health district for a certified copy | 33768 |
| of a vital record or a certification of birth shall be transferred | 33769 |
| to the office of vital statistics not later than thirty days after | 33770 |
| the end of each calendar quarter. The amount collected shall be | 33771 |
| used to support public health systems. Of each four dollars | 33772 |
| collected, one dollar shall be used by the director of health to | 33773 |
| pay subsidies to boards of health. The subsidies shall be | 33774 |
| distributed in accordance with the same formula established under | 33775 |
| section 3701.342 of the Revised Code for the distribution of state | 33776 |
| health district subsidy funds to boards of health and local health | 33777 |
| departments. | 33778 |
| (2) Four dollars of each fee collected by a local registrar | 33779 |
| of vital statistics who is not a salaried employee of a city or | 33780 |
| general health district, for a certified copy of a vital record or | 33781 |
| certification of birth, shall be transferred to the office of | 33782 |
| vital statistics not later than thirty days after the end of each | 33783 |
| calendar quarter. The amount collected shall be used to support | 33784 |
| public health systems. | 33785 |
| Sec. 3705.30. (A) As used in this section: | 33786 |
| (1) "Freestanding birthing center" has the same meaning as in | 33787 |
|
section | 33788 |
| (2) "Hospital" means a hospital classified under section | 33789 |
| 3701.07 of the Revised Code as a general hospital or children's | 33790 |
| hospital. | 33791 |
| (3) "Physician" means an individual authorized under Chapter | 33792 |
| 4731. of the Revised Code to practice medicine and surgery or | 33793 |
| osteopathic medicine and surgery. | 33794 |
| (B) The director of health shall establish and, if funds for | 33795 |
| this purpose are available, implement a statewide birth defects | 33796 |
| information system for the collection of information concerning | 33797 |
| congenital anomalies, stillbirths, and abnormal conditions of | 33798 |
| newborns. | 33799 |
| (C) If the system is implemented under division (B) of this | 33800 |
| section, all of the following apply: | 33801 |
| (1) The director may require each physician, hospital, and | 33802 |
| freestanding birthing center to report to the system information | 33803 |
| concerning all patients under five years of age with a primary | 33804 |
| diagnosis of a congenital anomaly or abnormal condition. The | 33805 |
| director shall not require a hospital, freestanding birthing | 33806 |
| center, or physician to report to the system any information that | 33807 |
| is reported to the director or department of health under another | 33808 |
| provision of the Revised Code or Administrative Code. | 33809 |
| (2) On request, each physician, hospital, and freestanding | 33810 |
| birthing center shall give the director or authorized employees of | 33811 |
| the department of health access to the medical records of any | 33812 |
| patient described in division (C)(1) of this section. The | 33813 |
| department shall pay the costs of copying any medical records | 33814 |
| pursuant to this division. | 33815 |
| (3) The director may review vital statistics records and | 33816 |
| shall consider expanding the list of congenital anomalies and | 33817 |
| abnormal conditions of newborns reported on birth certificates | 33818 |
| pursuant to section 3705.08 of the Revised Code. | 33819 |
| (D) A physician, hospital, or freestanding birthing center | 33820 |
| that provides information to the system under division (C) of this | 33821 |
| section shall not be subject to criminal or civil liability for | 33822 |
| providing the information. | 33823 |
| Sec. 3706.19. (A) There is hereby created in the Ohio air | 33824 |
|
quality development authority the office of | 33825 |
| for the small business stationary source technical and | 33826 |
| environmental compliance assistance program created under section | 33827 |
| 3704.18 of the Revised Code. The office shall exercise its duties | 33828 |
| independently of any other state agency. | 33829 |
| (B) | 33830 |
| 33831 | |
|
senate, shall appoint the | 33832 |
| 33833 | |
|
person who is appointed to serve as the | 33834 |
| shall be experienced in management and in working with private | 33835 |
| enterprise and government entities, knowledgeable in the areas of | 33836 |
| arbitration and negotiation, experienced in interpreting statutory | 33837 |
| and regulatory law, and knowledgeable in investigation techniques | 33838 |
|
and procedures, recordkeeping, and report writing. The | 33839 |
| ombudsperson may be the highest ranking managerial employee of the | 33840 |
| authority. | 33841 |
| (C) The | 33842 |
| (1) Ensure that the goals of the program are being met; | 33843 |
| (2) Conduct independent evaluations of all aspects of the | 33844 |
| program; | 33845 |
| (3) Review the development and implementation of air | 33846 |
| pollution control requirements that have an impact on small | 33847 |
| businesses in the state and provide comments and recommendations, | 33848 |
| as appropriate, to the environmental protection agency and the | 33849 |
| United States environmental protection agency; | 33850 |
| (4) Facilitate and promote the participation of small | 33851 |
| businesses in the development of rules to be adopted under Chapter | 33852 |
| 3704. of the Revised Code that affect small businesses; | 33853 |
| (5) Aid in the dissemination of information, including air | 33854 |
| pollution requirements and control technologies, to small | 33855 |
| businesses and other interested persons; | 33856 |
| (6) Provide free, confidential assistance on individual | 33857 |
| source problems and grievances presented by small businesses; | 33858 |
| (7) Aid in investigating and resolving complaints against, | 33859 |
| and disputes involving, the agency from small businesses; | 33860 |
| (8) Refer small businesses to the appropriate specialist in | 33861 |
| the program from whom they may obtain information and assistance | 33862 |
| on affordable alternative technologies, process changes, and | 33863 |
| products and operational methods to help reduce air pollution and | 33864 |
| accidental releases; | 33865 |
| (9) Work with trade associations and small businesses to | 33866 |
| effect voluntary compliance with the federal Clean Air Act, | 33867 |
| Chapter 3704. of the Revised Code, and rules adopted under it; | 33868 |
| (10) Work with other states to establish a network for | 33869 |
| sharing information on small businesses and their efforts to | 33870 |
| comply with the federal Clean Air Act and state and local air | 33871 |
| pollution control laws; | 33872 |
| (11) Seek public and private funding sources that can | 33873 |
| financially assist small businesses that are in need of moneys to | 33874 |
| comply with air pollution control laws; | 33875 |
| (12) Conduct studies to evaluate the impacts of the federal | 33876 |
| Clean Air Act on the state's economy, local economies, and small | 33877 |
| businesses. | 33878 |
| (D) There is hereby created in the state treasury the small | 33879 |
|
business | 33880 |
| moneys transferred to it from the Title V clean air fund created | 33881 |
| in section 3704.035 of the Revised Code. Moneys in the fund shall | 33882 |
| be used exclusively for the purposes of this section. | 33883 |
| The director of environmental protection and the executive | 33884 |
| director of the authority annually shall determine the amount of | 33885 |
|
moneys necessary for the operation of the office of the
| 33886 |
| ombudsperson. Thereafter, the director shall request the director | 33887 |
| of budget and management to, and that director shall, transfer | 33888 |
| that amount of moneys from the Title V clean air fund to the small | 33889 |
|
business | 33890 |
| (E) There is hereby created in the state treasury the small | 33891 |
| business assistance fund, which shall consist of moneys credited | 33892 |
| to it under division (K) of section 3745.11 of the Revised Code. | 33893 |
|
The | 33894 |
| provide financial assistance to small businesses that have one | 33895 |
| hundred or fewer employees and that are having financial | 33896 |
| difficulty complying with the "Clean Air Act Amendments of 1990," | 33897 |
| 104 Stat. 2399, 42 U.S.C.A. 7401, and regulations adopted under | 33898 |
| it. | 33899 |
| In accordance with Chapter 119. of the Revised Code, the | 33900 |
| 33901 | |
| and requirements governing grants awarded under this division. | 33902 |
| Sec. 3709.03. (A) There is hereby created in each general | 33903 |
| health district a district advisory council. A council shall | 33904 |
| consist of the president of the board of county commissioners, the | 33905 |
| chief executive of each municipal corporation not constituting a | 33906 |
| city health district, and the president of the board of township | 33907 |
| trustees of each township. The board of county commissioners, the | 33908 |
| legislative body of a municipal corporation, and the board of | 33909 |
| township trustees of a township may select an alternate from among | 33910 |
| themselves to serve if the president, the chief executive, or the | 33911 |
| president of the board of township trustees is unable to attend | 33912 |
| any meeting of the district advisory council. When attending a | 33913 |
| meeting on behalf of a council member, the alternate may vote on | 33914 |
| any matter on which the member is authorized to vote. | 33915 |
| The council shall organize by selecting a chair and secretary | 33916 |
| from among its members. The council shall adopt bylaws governing | 33917 |
| its meetings, the transaction of business, and voting procedures. | 33918 |
| The council shall meet annually in March at a place | 33919 |
| determined by the chair and the health commissioner for the | 33920 |
| purpose of electing the chair and the secretary, making necessary | 33921 |
| appointments to the board of health, receiving and considering the | 33922 |
| annual or special reports from the board of health, and making | 33923 |
| recommendations to the board of health or to the department of | 33924 |
| health in regard to matters for the betterment of health and | 33925 |
| sanitation within the district or for needed legislation. The | 33926 |
| secretary of the council shall notify the district health | 33927 |
| commissioner and the director of health of the proceedings of such | 33928 |
| meeting. | 33929 |
| Special meetings of the council shall be held on the order of | 33930 |
| any of the following: | 33931 |
| (1) The director of health; | 33932 |
| (2) The board of health; | 33933 |
| (3) The lesser of five or a majority of district advisory | 33934 |
| council members. | 33935 |
| The district health commissioner shall attend all meetings of | 33936 |
| the council. | 33937 |
| (B) The district advisory council shall appoint four members | 33938 |
| of the board of health, and the remaining member shall be | 33939 |
| appointed by the health district licensing council established | 33940 |
| under section 3709.41 of the Revised Code. At least one member of | 33941 |
| the board of health shall be a physician. Appointments shall be | 33942 |
| made with due regard to equal representation of all parts of the | 33943 |
| district. | 33944 |
| (C) If at an annual or special meeting at which a member of | 33945 |
| the board of health is to be appointed fewer than a majority of | 33946 |
| the members of the district council are present, the council, by | 33947 |
| the majority vote of council members present, may organize an | 33948 |
| executive committee to make the appointment. An executive | 33949 |
| committee shall consist of five council members, including the | 33950 |
| president of the board of county commissioners, the council chair, | 33951 |
| the council secretary, and two additional council members selected | 33952 |
| by majority affirmative vote of the council members present at the | 33953 |
| meeting. The additional members selected shall include one | 33954 |
| representative of municipal corporations in the district that are | 33955 |
| not city health districts and one representative of townships in | 33956 |
| the district. If an individual is eligible for more than one | 33957 |
| position on the executive committee due to holding a particular | 33958 |
| office, the individual shall fill one position on the committee | 33959 |
| and the other position shall be filled by a member selected by a | 33960 |
| majority affirmative vote of the council members present at the | 33961 |
| meeting. A council member's alternate for annual meetings may | 33962 |
| serve as the member's alternate at meetings of the executive | 33963 |
| committee. | 33964 |
| Not later than thirty days after an executive committee is | 33965 |
| organized, the committee shall meet and the council chair shall | 33966 |
| present to the committee the matter of appointing a member of the | 33967 |
| board of health. The committee shall appoint the board member by | 33968 |
| majority affirmative vote. In the case of a combined health | 33969 |
| district, the executive committee shall appoint only members of | 33970 |
| the board of health that are to be appointed by the district | 33971 |
| advisory council, unless the contract for administration of health | 33972 |
| affairs in the combined district provides otherwise. If a majority | 33973 |
| affirmative vote is not reached within thirty days after the | 33974 |
| executive committee is organized, the director of health shall | 33975 |
| appoint the member of the board of health under the authority | 33976 |
| conferred by section 3709.03 of the Revised Code. | 33977 |
| If the council fails to meet or appoint a member of the board | 33978 |
| of health as required by this section or section 3709.02 of the | 33979 |
|
Revised Code, the director of health | 33980 |
| 33981 |
| Sec. 3709.04. If in any general health district the district | 33982 |
| advisory council fails to meet or to select a board of health, the | 33983 |
|
director of health may | 33984 |
| 33985 | |
| have and exercise all powers conferred on a board of health of a | 33986 |
| general health district. | 33987 |
| Sec. 3709.06. If any city fails to establish a board of | 33988 |
| health under section 3709.05 of the Revised Code, the director of | 33989 |
|
health | 33990 |
|
appoint a health commissioner for such city, and fix | 33991 |
| commissioner's salary and term of office. Such commissioner shall | 33992 |
| have the same powers and perform the duties granted to or imposed | 33993 |
| upon a board of health of a city health district, except that | 33994 |
|
rules, regulations, or orders of a general nature, made by | 33995 |
| commissioner and required to be published, shall be approved by | 33996 |
| the director. The salary of such commissioner and all necessary | 33997 |
|
expenses incurred by | 33998 |
| of the board shall be paid by and be a valid claim against such | 33999 |
| city. | 34000 |
| Sec. 3709.08. (A) A | 34001 |
| city or general health district or the authority having the duties | 34002 |
| of a board of health under section 3709.05 of the Revised Code may | 34003 |
|
enter into a contract | 34004 |
| 34005 | |
|
another city | 34006 |
| authority having the duties of a board of health under section | 34007 |
| 3709.05 of the Revised Code, if one of the following, as | 34008 |
| applicable, is the case: | 34009 |
| (1) If the contract is with a city constituting a city health | 34010 |
|
district, the chief executive of that city, with the approval of | 34011 |
| the majority of the members of the legislative authority of | 34012 |
| that city | 34013 |
| (2) If the contract is with the board of health of a general | 34014 |
|
health district, the | 34015 |
| council of the general health district, with the approval of a | 34016 |
| majority of the members of the district advisory council, approves | 34017 |
| the contract. | 34018 |
| (3) If the contract is with an authority having the duties of | 34019 |
| a board of health under section 3709.05 of the Revised Code, the | 34020 |
| majority of the members of the authority's governing body approves | 34021 |
|
the contract. | 34022 |
| 34023 | |
| 34024 |
| (B) Each contract entered into under division (A) of this | 34025 |
| section shall do all of the following: | 34026 |
| | 34027 |
|
expenses to be paid by the | 34028 |
|
having the duties of a board of health for such | 34029 |
| and how it is to be paid; | 34030 |
| | 34031 |
| 34032 | |
| provided; | 34033 |
| | 34034 |
| services shall begin; | 34035 |
| | 34036 |
| be in effect. | 34037 |
| | 34038 |
| section, no contract entered into under division (A) of this | 34039 |
|
section shall be in effect until the | 34040 |
|
determines that the | 34041 |
| 34042 | |
| authority having the duties of a board of health that is to | 34043 |
|
provide the services is organized and equipped to provide | 34044 |
| 34045 | |
| 34046 | |
|
health or | 34047 |
| authority having the duties of a board of health providing | 34048 |
| 34049 | |
|
receiving | 34050 |
|
perform all the duties required of the board of health | 34051 |
| 34052 | |
| health. | 34053 |
| (D) A contract entered into under division (A) of this | 34054 |
| section that is for not all but for only one or some public health | 34055 |
| services provided by a board of health or the authority having the | 34056 |
| duties of a board of health shall be effective immediately. The | 34057 |
| effectiveness of such a contract is not dependent on a | 34058 |
| determination made by the director of health that is described in | 34059 |
| division (C) of this section. | 34060 |
| Sec. 3709.085. (A) The board of health of a city or general | 34061 |
| health district may enter into a contract with any political | 34062 |
| subdivision or other governmental agency to obtain or provide all | 34063 |
| or part of any services, including, but not limited to, | 34064 |
| enforcement services, for the purposes of Chapter 3704. of the | 34065 |
| Revised Code, the rules adopted and orders made pursuant thereto, | 34066 |
| or any other ordinances or rules for the prevention, control, and | 34067 |
| abatement of air pollution. | 34068 |
| (B)(1) As used in division (B)(2) of this section: | 34069 |
| (a) "Semipublic disposal system" means a disposal system that | 34070 |
| treats the sanitary sewage discharged from publicly or privately | 34071 |
| owned buildings or places of assemblage, entertainment, | 34072 |
| recreation, education, correction, hospitalization, housing, or | 34073 |
| employment, but does not include a disposal system that treats | 34074 |
| sewage in amounts of more than twenty-five thousand gallons per | 34075 |
| day; a disposal system for the treatment of sewage that is exempt | 34076 |
| from the requirements of section 6111.04 of the Revised Code | 34077 |
| pursuant to division (F)(7) of that section; or a disposal system | 34078 |
| for the treatment of industrial waste. | 34079 |
| (b) Terms defined in section 6111.01 of the Revised Code have | 34080 |
| the same meanings as in that section. | 34081 |
| (2) The board of health of a city or general health district | 34082 |
| may enter into a contract with the environmental protection agency | 34083 |
| to conduct on behalf of the agency inspection or enforcement | 34084 |
| services, for the purposes of Chapter 6111. of the Revised Code | 34085 |
| and rules adopted thereunder, for the disposal or treatment of | 34086 |
| sewage from semipublic disposal systems. The board of health of a | 34087 |
| city or general health district may charge a fee established | 34088 |
| pursuant to section 3709.09 of the Revised Code to be paid by the | 34089 |
| owner or operator of a semipublic disposal system for inspections | 34090 |
| conducted by the board pursuant to a contract entered into under | 34091 |
| division (B)(2) of this section, except that the board shall not | 34092 |
| charge a fee for those inspections conducted at any recreational | 34093 |
| vehicle park, recreation camp, or combined park-camp that is | 34094 |
| licensed under section 3729.05 of the Revised Code or at any | 34095 |
|
manufactured home park that is licensed under section | 34096 |
| 4781.27 of the Revised Code. | 34097 |
| Sec. 3709.09. (A) The board of health of a city or general | 34098 |
| health district may, by rule, establish a uniform system of fees | 34099 |
| to pay the costs of any services provided by the board. | 34100 |
| The fee for issuance of a certified copy of a vital record or | 34101 |
| a certification of birth shall not be less than the fee prescribed | 34102 |
| for the same service under division (A)(1) of section 3705.24 of | 34103 |
| the Revised Code and shall include the fees required by division | 34104 |
| (B) of section 3705.24 and section 3109.14 of the Revised Code. | 34105 |
| Fees for services provided by the board for purposes | 34106 |
| specified in sections 3701.344, 3711.10, 3718.06, 3729.07, | 34107 |
| 3730.03, and 3749.04 of the Revised Code shall be established in | 34108 |
| accordance with rules adopted under division (B) of this section. | 34109 |
| The district advisory council, in the case of a general health | 34110 |
| district, and the legislative authority of the city, in the case | 34111 |
| of a city health district, may disapprove any fee established by | 34112 |
| the board of health under this division, and any such fee, as | 34113 |
| disapproved, shall not be charged by the board of health. | 34114 |
| (B) The | 34115 |
| under section 111.15 of the Revised Code that establish fee | 34116 |
| categories and a uniform methodology for use in calculating the | 34117 |
| costs of services provided for purposes specified in sections | 34118 |
| 3701.344, 3711.10, 3718.06, 3729.07, 3730.03, and 3749.04 of the | 34119 |
|
Revised Code. In adopting the rules, the | 34120 |
| director shall consider recommendations it receives from advisory | 34121 |
|
boards established either by statute or the director | 34122 |
| entities subject to the fees. | 34123 |
| (C) Except when a board of health establishes a fee by | 34124 |
| adopting a rule as an emergency measure, the board of health shall | 34125 |
| hold a public hearing regarding each proposed fee for a service | 34126 |
| provided by the board for a purpose specified in section 3701.344, | 34127 |
| 3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised | 34128 |
| Code. If a public hearing is held, at least twenty days prior to | 34129 |
| the public hearing the board shall give written notice of the | 34130 |
| hearing to each entity affected by the proposed fee. The notice | 34131 |
| shall be mailed to the last known address of each entity and shall | 34132 |
| specify the date, time, and place of the hearing and the amount of | 34133 |
| the proposed fee. | 34134 |
| (D) If payment of a fee established under this section is not | 34135 |
| received by the day on which payment is due, the board of health | 34136 |
| shall assess a penalty. The amount of the penalty shall be equal | 34137 |
| to twenty-five per cent of the applicable fee. | 34138 |
| (E) All rules adopted by a board of health under this section | 34139 |
| shall be adopted, recorded, and certified as are ordinances of | 34140 |
| municipal corporations and the record thereof shall be given in | 34141 |
| all courts the same effect as is given such ordinances, but the | 34142 |
| advertisements of such rules shall be by publication in one | 34143 |
| newspaper of general circulation within the health district. | 34144 |
| Publication shall be made once a week for two consecutive weeks or | 34145 |
| as provided in section 7.16 of the Revised Code, and such rules | 34146 |
| shall take effect and be in force ten days from the date of the | 34147 |
| first publication. | 34148 |
| Sec. 3709.092. (A) A board of health of a city or general | 34149 |
| health district shall transmit to the director of health all fees | 34150 |
|
or additional amounts that the | 34151 |
| requires to be collected under sections 3701.344, 3718.06, | 34152 |
| 3729.07, and 3749.04 of the Revised Code. The fees and amounts | 34153 |
| shall be transmitted according to the following schedule: | 34154 |
| (1) For fees and amounts received by the board on or after | 34155 |
| the first day of January but not later than the thirty-first day | 34156 |
| of March, transmit the fees and amounts not later than the | 34157 |
| fifteenth day of May; | 34158 |
| (2) For fees and amounts received by the board on or after | 34159 |
| the first day of April but not later than the thirtieth day of | 34160 |
| June, transmit the fees and amounts not later than the fifteenth | 34161 |
| day of August; | 34162 |
| (3) For fees and amounts received by the board on or after | 34163 |
| the first day of July but not later than the thirtieth day of | 34164 |
| September, transmit the fees and amounts not later than the | 34165 |
| fifteenth day of November; | 34166 |
| (4) For fees and amounts received by the board on or after | 34167 |
| the first day of October but not later than the thirty-first day | 34168 |
| of December, transmit the fees and amounts not later than the | 34169 |
| fifteenth day of February of the following year. | 34170 |
| (B) The director shall deposit the fees and amounts received | 34171 |
| under this section into the state treasury to the credit of the | 34172 |
| general operations fund created in section 3701.83 of the Revised | 34173 |
| Code. Each amount shall be used solely for the purpose for which | 34174 |
| it was collected. | 34175 |
| Sec. 3709.28. | 34176 |
| receive any part of its revenue for a fiscal year from an | 34177 |
| appropriation apportioned among the townships and municipal | 34178 |
|
corporations composing the district, the board of health of | 34179 |
| 34180 | |
| 34181 | |
| 34182 | |
| first day of April of the immediately preceding fiscal year. If a | 34183 |
| general health district will not receive any part of its revenue | 34184 |
| for a fiscal year from an appropriation apportioned among the | 34185 |
| townships and municipal corporations composing the district, the | 34186 |
| board of health of the district shall adopt an annual | 34187 |
| appropriation measure for that fiscal year under this section or | 34188 |
| sections 5705.38, 5705.39, and 5705.40 of the Revised Code. | 34189 |
| (B) An appropriation measure adopted under this section shall | 34190 |
|
set forth the amounts for the current expenses of
| 34191 |
|
district for the ensuing fiscal year | 34192 |
| 34193 | |
| estimate in itemized form, of the several sources of revenue | 34194 |
| available to the district, including the amount due from the state | 34195 |
| for the next fiscal year as provided in section 3709.32 of the | 34196 |
| Revised Code and the amount which the board anticipates will be | 34197 |
| collected in fees or from any tax levied for the benefit of the | 34198 |
| district under this chapter or Chapter 5705. of the Revised Code | 34199 |
|
during the | 34200 |
| county auditor and by the county auditor submitted to the county | 34201 |
|
budget commission, which may reduce | 34202 |
|
appropriation | 34203 |
| 34204 | |
| municipal corporations composing the district in accordance with | 34205 |
| division (C) of this section. | 34206 |
| (C) The aggregate appropriation, as fixed by the commission, | 34207 |
|
less the amounts available to the general health district from
| 34208 |
| 34209 | |
| 34210 | |
| year, including any amounts in the district health fund that will | 34211 |
| be carried forward to the ensuing fiscal year as needed to fund | 34212 |
| ongoing operations in the ensuing fiscal year, shall be | 34213 |
|
apportioned | 34214 |
| municipal corporations composing the health district on the basis | 34215 |
| of taxable valuations in such townships and municipal | 34216 |
| corporations. The auditor, when making the auditor's semiannual | 34217 |
| apportionment of funds, shall retain at each semiannual | 34218 |
| apportionment one-half of the amount apportioned to each township | 34219 |
|
and municipal corporation. Such moneys | 34220 |
| 34221 | |
|
"district health fund." | 34222 |
| provision of the Revised Code or a rule adopted pursuant thereto, | 34223 |
| all other sources of revenue of the district shall be placed in | 34224 |
| the district health fund, provided that the revenue is used and | 34225 |
| maintained in accordance with the purpose for which the revenue | 34226 |
| was received. | 34227 |
| (D) When a general health district is composed of townships | 34228 |
| and municipal corporations in two or more counties, the county | 34229 |
| auditor making the original apportionment shall certify to the | 34230 |
| auditor of each county concerned the amount apportioned to each | 34231 |
| township and municipal corporation in such county. Each auditor | 34232 |
| shall withhold from the semiannual apportionment to each such | 34233 |
| township or municipal corporation the amount certified, and shall | 34234 |
| pay the amounts withheld to the custodian of the funds of the | 34235 |
| health district concerned, to be credited to the district health | 34236 |
| fund. In making the apportionment under this paragraph for each | 34237 |
| year from 2002 through 2016, the county auditor shall add to the | 34238 |
| taxable valuation of each township and municipal corporation the | 34239 |
| tax value loss determined for each township and municipal | 34240 |
| corporation under divisions (D) and (E) of section 5727.84 of the | 34241 |
| Revised Code multiplied by the percentage used for that year in | 34242 |
| determining replacement payments under division (A)(1) of section | 34243 |
| 5727.86 of the Revised Code. The tax commissioner shall certify to | 34244 |
| the county auditor the tax value loss for each township and | 34245 |
| municipal corporation for which the auditor must make an | 34246 |
| apportionment. | 34247 |
| (E) Subject to the aggregate amount as has been apportioned | 34248 |
| among the townships and municipalities and as may become available | 34249 |
| from the several sources of revenue, the board of health may, by | 34250 |
| resolution, transfer funds from one item in their appropriation to | 34251 |
| another item, reduce or increase any item, create new items, and | 34252 |
| make additional appropriations or reduce the total appropriation. | 34253 |
| Any such action shall forthwith be certified by the secretary of | 34254 |
| the board of health to the auditor for submission to and approval | 34255 |
| by the budget commission. | 34256 |
| (F) When any general health district has been united with or | 34257 |
| has contracted with a city health district located therein, the | 34258 |
| chief executive of the city shall, annually, on or before the | 34259 |
| first day of June, certify to the county auditor the total amount | 34260 |
| due for the ensuing fiscal year from the municipal corporations | 34261 |
| and townships in the district as provided in the contract between | 34262 |
| such city and the district advisory council of the original | 34263 |
| general health district. After approval by the county budget | 34264 |
| commission, the county auditor shall thereupon apportion the | 34265 |
| amount certified to the townships and municipal corporations, and | 34266 |
| shall withhold the sums apportioned as provided in this section. | 34267 |
| Sec. 3709.32. The president of each board of health | 34268 |
| providing health services in one or more health districts and the | 34269 |
| chief executive officer of each health department providing health | 34270 |
| services in one or more health districts shall, on or before the | 34271 |
| first day of March of each year, certify the amounts expended | 34272 |
| during the preceding calendar year which qualify for state health | 34273 |
| district subsidy funds under section 3701.342 of the Revised Code | 34274 |
|
and rules | 34275 |
| director of health shall certify the amount payable under the | 34276 |
| state health district subsidy funds distribution formula adopted | 34277 |
|
by the | 34278 |
| the Revised Code to the director of budget and management for | 34279 |
| payment. Payment shall not be made unless: | 34280 |
| (A) The board or department has provided such information | 34281 |
| concerning services and costs as is requested by the director of | 34282 |
| health; | 34283 |
| (B) The certificate of the board of health or health | 34284 |
| department has been endorsed by the director of health; | 34285 |
| (C) The board or department has complied with section | 34286 |
|
3701.342 of the Revised Code and | 34287 |
| adopted by the director of health; | 34288 |
| (D) The municipal corporations and townships composing the | 34289 |
| health district have provided adequate local funding for public | 34290 |
|
health services. The | 34291 |
| determine what constitutes adequate local funding, and may grant | 34292 |
| an exception to this requirement to a municipal corporation or | 34293 |
| township if unusually severe economic conditions prevent it from | 34294 |
| receiving adequate tax revenues to help support minimally | 34295 |
| acceptable public health services. | 34296 |
| No state health district subsidy funds shall be granted to | 34297 |
| any board or department that decreases its appropriation for | 34298 |
| public health services in anticipation of using state funds to | 34299 |
| provide public health services normally supported by local | 34300 |
| revenues. | 34301 |
| Sec. 3709.34. (A) The | 34302 |
| legislative authority of any city may furnish suitable quarters | 34303 |
| for any board of health or health department having jurisdiction | 34304 |
|
over all or a major part of | 34305 |
| (B)(1) Subject to division (B)(6) of this section, a board of | 34306 |
| county commissioners shall provide office space and utilities | 34307 |
| through fiscal year 2013 for the board of health having | 34308 |
| jurisdiction over the county's general health district. | 34309 |
| Thereafter, subject to division (B)(6) of this section, the board | 34310 |
| of county commissioners shall make payments as provided in | 34311 |
| division (B)(3) of this section for the office space and utilities | 34312 |
| until fiscal year 2018. Starting in fiscal year 2018, the board | 34313 |
| has no duty to provide the office space or utilities, or to make | 34314 |
| payments for the office space or utilities, for the board of | 34315 |
| health of the county's general health district. | 34316 |
| (2)(a) Not later than the thirtieth day of September 2012, | 34317 |
| 2013, 2014, and 2015, the board of county commissioners shall make | 34318 |
| a written estimate of the total cost for the ensuing fiscal years | 34319 |
| 2014, 2015, 2016, and 2017, respectively, to provide office space | 34320 |
| and utilities to the board of health of the county's general | 34321 |
| health district. The estimate of total cost shall include all of | 34322 |
| the following: | 34323 |
| (i) The total square feet of space to be used by the board of | 34324 |
| health; | 34325 |
| (ii) The total square feet of any common areas that should be | 34326 |
| reasonably allocated to the board of health and the method for | 34327 |
| making this allocation; | 34328 |
| (iii) The actual cost per square foot for both the space used | 34329 |
| by and the common areas allocated to the board of health; | 34330 |
| (iv) An explanation of the method used to determine the | 34331 |
| actual cost per square foot; | 34332 |
| (v) The estimated cost of providing utilities, including an | 34333 |
| explanation of how this cost was determined; | 34334 |
| (vi) Any other estimated costs the board of county | 34335 |
| commissioners anticipates will be incurred to provide office space | 34336 |
| and utilities to the board of health, including a detailed | 34337 |
| explanation of those costs and the rationale used to determine | 34338 |
| them. | 34339 |
| (b) The board of county commissioners shall forward a copy of | 34340 |
| the estimate of total cost to the director of the board of health | 34341 |
| not later than the fifth day of October 2012, 2013, 2014, and | 34342 |
| 2015. The director shall review the estimate and, not later than | 34343 |
| twenty days after its receipt, notify the board of county | 34344 |
| commissioners that the director agrees with the estimate, or | 34345 |
| objects to it giving specific reasons for the objections. | 34346 |
| (c) If the director agrees with the estimate, it shall become | 34347 |
| the final estimate of total cost. Failure of the director to make | 34348 |
| objections to the estimate by the twentieth day after its receipt | 34349 |
| shall be deemed to mean that the director is in agreement with the | 34350 |
| estimate. | 34351 |
| (d) If the director timely objects to the estimate and | 34352 |
| provides specific objections to the board of county commissioners, | 34353 |
| the board shall review the objections and may modify the original | 34354 |
| estimate and send a revised estimate of total cost to the director | 34355 |
| within ten days after receipt of the objections. The director | 34356 |
| shall respond to a revised estimate within ten days after its | 34357 |
| receipt. If the director agrees with it, the revised estimate | 34358 |
| shall become the final estimate of total cost. If the director | 34359 |
| fails to respond within the ten-day period, the director shall be | 34360 |
| deemed to have agreed with the revised estimate. If the director | 34361 |
| disagrees with the revised estimate, the director shall send | 34362 |
| specific objections to the board of county commissioners within | 34363 |
| the ten-day period. | 34364 |
| (e) If the director timely objected to the original estimate | 34365 |
| or sends specific objections to a revised estimate within the | 34366 |
| required time, or if there is no revised estimate, the probate | 34367 |
| judge of the county shall determine the final estimate of total | 34368 |
| cost and certify this amount to the director and the board of | 34369 |
| county commissioners before the first day of January 2013, 2014, | 34370 |
| 2015, or 2016, as applicable. | 34371 |
| (3)(a) Subject to division (B)(6) of this section, a board of | 34372 |
| county commissioners shall be responsible for the following | 34373 |
| percentages of the final estimate of total cost established by | 34374 |
| division (B)(2) of this section: | 34375 |
| (i) Eighty per cent for fiscal year 2014; | 34376 |
| (ii) Sixty per cent for fiscal year 2015; | 34377 |
| (iii) Forty per cent for fiscal year 2016; | 34378 |
| (iv) Twenty per cent for fiscal year 2017. | 34379 |
| (b) In fiscal years 2014, 2015, 2016, and 2017, the board of | 34380 |
| health of the county's general health district shall be | 34381 |
| responsible for the payment of the remainder of any costs incurred | 34382 |
| in excess of the amount payable under division (B)(3)(a)(i), (ii), | 34383 |
| (iii), or (iv) of this section, as applicable, for the provision | 34384 |
| of office space and utilities for the board of health, including | 34385 |
| any unanticipated or unexpected increases in costs beyond the | 34386 |
| final estimate of total cost. | 34387 |
| (c) Beginning in fiscal year 2018, the board of county | 34388 |
| commissioners has no obligation to provide office space or | 34389 |
| utilities, or to make payments for office space or utilities, for | 34390 |
| the board of health. | 34391 |
| (4) After fiscal year 2017, the board of county commissioners | 34392 |
| and the board of health of the county's general health district | 34393 |
| may enter into a contract for the board of county commissioners to | 34394 |
| provide office space for the use of the board of health and to | 34395 |
| provide utilities for that office space. The term of the contract | 34396 |
| shall not exceed four years and may be renewed for additional | 34397 |
| periods not to exceed four years. | 34398 |
| (5) Notwithstanding divisions (B)(1) to (4) of this section, | 34399 |
| in any fiscal year the board of county commissioners, in its | 34400 |
| discretion, may provide office space and utilities for the board | 34401 |
| of health of the county's general health district free of charge. | 34402 |
| (6) If the board of health of a general health district | 34403 |
| rents, leases, lease-purchases, or otherwise acquires office space | 34404 |
| to facilitate the performance of its functions, or constructs, | 34405 |
| enlarges, renovates, or otherwise modifies buildings or other | 34406 |
| structures to provide office space to facilitate the performance | 34407 |
| of its functions, the board of county commissioners of the county | 34408 |
| served by the general health district has no further obligation | 34409 |
| under division (B) of this section to provide office space or | 34410 |
| utilities, or to make payments for office space or utilities, for | 34411 |
| the board of health, unless the board of county commissioners | 34412 |
| enters into a contract with the board of health under division | 34413 |
| (B)(4) of this section, or exercises its option under division | 34414 |
| (B)(5) of this section. | 34415 |
| Sec. 3709.35. If the director of health | 34416 |
| the health commissioner or a member of the board of health of a | 34417 |
| health district is guilty of misfeasance, malfeasance, or | 34418 |
| nonfeasance or has failed to perform any or all of the duties | 34419 |
| required by sections 3701.10, 3701.29, 3701.81, 3707.08, 3707.14, | 34420 |
| 3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the | 34421 |
|
director
| 34422 |
| 34423 | |
| commissioner or board member as to the time and place at which | 34424 |
|
such charges will be heard. If the | 34425 |
| hearing, finds the commissioner or board member guilty of the | 34426 |
| charge, it may remove such commissioner or member from office. | 34427 |
| If the lesser of three or one-fifth of the members of a | 34428 |
| district advisory council have reason to believe a member of the | 34429 |
| board of health of a general health district is guilty of | 34430 |
| misfeasance, malfeasance, or nonfeasance or has failed to perform | 34431 |
| any or all of the duties required by sections 3701.10, 3701.29, | 34432 |
| 3701.81, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the | 34433 |
| Revised Code, the district advisory council members shall prefer a | 34434 |
| charge against the board member before the district advisory | 34435 |
| council and shall notify the board member as to the time and place | 34436 |
| at which such charges will be heard. If a majority of the council, | 34437 |
| after hearing, finds the board member guilty of the charge, it may | 34438 |
| remove the member from office. | 34439 |
| When any member of the board of health of a general or city | 34440 |
| health district is removed from office, the district advisory | 34441 |
| council or the chief executive of the city, upon notice of such | 34442 |
| removal, shall within thirty days after receipt of such notice | 34443 |
| fill the vacancy in accordance with section 3709.03 or 3709.05 of | 34444 |
| the Revised Code. | 34445 |
| Sec. 3709.36. The board of health of a city or general | 34446 |
| health district hereby created shall exercise all the powers and | 34447 |
| perform all the duties formerly conferred and imposed by law upon | 34448 |
| the board of health of a municipal corporation, and all such | 34449 |
| powers, duties, procedure, and penalties for violation of the | 34450 |
| sanitary regulations of a board of health of a municipal | 34451 |
| corporation are transferred to the board of health of a city or | 34452 |
| general health district by sections 3701.10, 3701.29, 3701.81, | 34453 |
| 3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the | 34454 |
| Revised Code. | 34455 |
| The board of health of a city or general health district or | 34456 |
| the authority having the duties of a board of health under section | 34457 |
| 3709.05 of the Revised Code shall, for the purpose of providing | 34458 |
| public health services, be a body politic and corporate. As such, | 34459 |
| it is capable of suing and being sued, contracting and being | 34460 |
| contracted with, acquiring, holding, possessing, and disposing of | 34461 |
| real and personal property, and taking and holding in trust for | 34462 |
| the use and benefit of such district or authority any grant or | 34463 |
| devise of land and any domain or bequest of money or other | 34464 |
| personal property. | 34465 |
| Sec. 3710.01. As used in this chapter: | 34466 |
| (A) "Asbestos" means the asbestiform varieties of chrysotile | 34467 |
| or serpentine, amosite or cummingtonitegrunerite, crocidolite or | 34468 |
| riebeckite, actinolite, tremolite, and anthophylite. | 34469 |
| (B) "Asbestos hazard abatement activity" means any activity | 34470 |
| involving the removal, renovation, enclosure, repair, or | 34471 |
| encapsulation of reasonably related friable asbestos-containing | 34472 |
| materials in an amount greater than fifty linear feet or fifty | 34473 |
| square feet. "Asbestos hazard abatement activity" also includes | 34474 |
| any such activity involving such asbestos-containing materials in | 34475 |
| an amount of fifty linear or fifty square feet or less if, when | 34476 |
| combined with any other reasonably related activity in terms of | 34477 |
| time and location of the activity, the total amount is in an | 34478 |
| amount greater than fifty linear or fifty square feet. | 34479 |
| (C) "Asbestos hazard abatement contractor" means a business | 34480 |
| entity or public entity that engages in or intends to engage in | 34481 |
| asbestos hazard abatement activities and that employs or | 34482 |
| supervises one or more asbestos hazard abatement specialists for | 34483 |
| asbestos hazard abatement activities. "Asbestos hazard abatement | 34484 |
| contractor" does not mean an employee of an asbestos hazard | 34485 |
| abatement contractor, a general contractor who subcontracts to an | 34486 |
| asbestos hazard abatement contractor an asbestos hazard abatement | 34487 |
| activity, or any individual who engages in asbestos hazard | 34488 |
|
abatement activity in | 34489 |
| (D) "Asbestos hazard abatement project" means one or more | 34490 |
| asbestos hazard abatement activities that are conducted by one | 34491 |
| asbestos hazard abatement contractor and that are reasonably | 34492 |
| related to each other. | 34493 |
| (E) "Asbestos hazard abatement specialist" means a person | 34494 |
| with responsibility for the oversight or supervision of asbestos | 34495 |
| hazard abatement activities, including asbestos hazard abatement | 34496 |
| project managers, hazard abatement project supervisors and | 34497 |
| foremen, and employees of school districts or other governmental | 34498 |
| or public entities who coordinate or directly supervise or oversee | 34499 |
| asbestos hazard abatement activities performed by school district, | 34500 |
| governmental, or other public employees in school district, | 34501 |
| governmental, or other public buildings. | 34502 |
| (F) "Asbestos hazard evaluation specialist" means a person | 34503 |
| responsible for the identification, detection, and assessment of | 34504 |
| asbestos-containing materials, the determination of appropriate | 34505 |
| response actions, or the preparation of asbestos management plans | 34506 |
| for the purpose of protecting the public health from the hazards | 34507 |
| associated with exposure to asbestos, including the performance of | 34508 |
| air and bulk sampling. This category of specialists includes | 34509 |
| management planners, health professionals, industrial hygienists, | 34510 |
| private consultants, or other individuals involved in asbestos | 34511 |
| risk identification or assessment or regulatory activities. | 34512 |
| (G) "Business entity" means a partnership, firm, association, | 34513 |
| corporation, sole proprietorship, or other business concern. | 34514 |
| (H) "Public entity" means the state or any of its political | 34515 |
| subdivisions or any agency or instrumentality of either. | 34516 |
| (I) "License" means a document issued by the department of | 34517 |
| health to a business entity or public entity affirming that the | 34518 |
| entity has met the requirements set forth in this chapter to | 34519 |
| engage in asbestos hazard abatement activities as an asbestos | 34520 |
| hazard abatement contractor. | 34521 |
| (J) "Certificate" means: | 34522 |
| (1) A document issued by the department to an individual | 34523 |
| affirming that the individual has successfully completed the | 34524 |
| training and other requirements set forth in this chapter to | 34525 |
| qualify as an asbestos hazard abatement specialist, an asbestos | 34526 |
| hazard evaluation specialist, an asbestos hazard abatement worker, | 34527 |
| an asbestos hazard abatement project designer, an asbestos hazard | 34528 |
| abatement air-monitoring technician, an approved asbestos hazard | 34529 |
| training provider, or other category of asbestos hazard specialist | 34530 |
|
that the | 34531 |
| (2) A document issued by a training institution in accordance | 34532 |
|
with rules adopted by the | 34533 |
| that an individual has successfully completed the instruction | 34534 |
| required in all categories as provided in sections 3710.07 and | 34535 |
| 3710.10 of the Revised Code. | 34536 |
| (K) "Person" means any individual, business entity, | 34537 |
| governmental body, or other public or private entity. | 34538 |
| (L) "Encapsulate" means to coat, bind, or resurface walls, | 34539 |
| ceilings, pipes, or other structures to prevent friable asbestos | 34540 |
| from becoming airborne. | 34541 |
| (M) "Friable asbestos-containing material" means any material | 34542 |
| that contains more than one per cent asbestos by weight and that | 34543 |
| can be crumbled, pulverized, or reduced to powder, when dry, by | 34544 |
| hand pressure. | 34545 |
| (N) "Enclosure" means the permanent confinement of friable | 34546 |
| asbestos-containing materials with an airtight barrier in an area | 34547 |
| not used as an air plenum. | 34548 |
| (O) "Renovation" means the removal or stripping of friable | 34549 |
| asbestos-containing materials used on any pipe, duct, boiler, | 34550 |
| tank, reactor, turbine, furnace, or load supporting member. | 34551 |
| (P) "Asbestos hazard abatement worker" means the person | 34552 |
| responsible in a nonsupervisory capacity for the performance of an | 34553 |
| asbestos hazard abatement activity. | 34554 |
| (Q) "Asbestos hazard abatement project designer" means the | 34555 |
| person responsible for the determination of the workscope, work | 34556 |
| sequence, or performance standards for an asbestos hazard | 34557 |
| abatement activity, including preparation of specifications, | 34558 |
| plans, and contract documents. | 34559 |
| (R) "Director" means the director of health or | 34560 |
| director's authorized representative. | 34561 |
| (S) "Clearance air sampling" means an air sampling performed | 34562 |
| after the completion of any asbestos hazard abatement activity and | 34563 |
| prior to the reoccupation of the contained work area by the public | 34564 |
| and conducted for the purpose of protecting the public from the | 34565 |
| health hazards associated with exposure to friable | 34566 |
| asbestos-containing material. | 34567 |
| (T) "Asbestos hazard abatement air-monitoring technician" | 34568 |
| means the person who is responsible for environmental monitoring | 34569 |
| or work area clearance air sampling, including air monitoring | 34570 |
| performed to determine completion of response actions under the | 34571 |
| rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United | 34572 |
| States environmental protection agency pursuant to the "Asbestos | 34573 |
| Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat. | 34574 |
| 2970. "Asbestos hazard abatement air-monitoring technician" does | 34575 |
| not mean an industrial hygienist or industrial hygienist in | 34576 |
| training, certified by the American board of industrial hygiene. | 34577 |
| Sec. 3710.02. (A) | 34578 |
|
of the Revised Code, the | 34579 |
|
as | 34580 |
| this chapter. The rules shall include all of the following: | 34581 |
| (1) Criteria and procedures for the certification of asbestos | 34582 |
| hazard abatement specialists, asbestos hazard evaluation | 34583 |
| specialists, asbestos hazard abatement workers, asbestos hazard | 34584 |
| abatement project designers, and asbestos hazard abatement | 34585 |
| air-monitoring technicians by the director of health; | 34586 |
| (2) Criteria and procedures for the director to examine the | 34587 |
| records of licensees, certificate holders, and asbestos hazard | 34588 |
| abatement training schools; | 34589 |
| (3) Procedures and criteria in addition to those provided in | 34590 |
| this chapter for the approval of courses for asbestos hazard | 34591 |
| training; | 34592 |
| (4) Fees for licenses, certifications, and course approvals | 34593 |
| in excess of the levels set in section 3710.05 of the Revised Code | 34594 |
| and fees for the certification of asbestos hazard abatement | 34595 |
| air-monitoring technicians; | 34596 |
| (5) Levels of asbestos exposure or other circumstances | 34597 |
| constituting a public health emergency that authorize the director | 34598 |
| to issue an emergency order under division (B) of section 3710.13 | 34599 |
| of the Revised Code; | 34600 |
| (6) Employee training standards, work practices that reduce | 34601 |
| the risk of contamination and recontamination of the environment, | 34602 |
| record-keeping requirements, action levels, project clearance | 34603 |
| levels, and other requirements that asbestos hazard abatement | 34604 |
| contractors, asbestos hazard abatement specialists, asbestos | 34605 |
| hazard evaluation specialists, asbestos hazard abatement project | 34606 |
| designers, asbestos hazard abatement air-monitoring technicians, | 34607 |
| asbestos hazard abatement workers, and other persons involved with | 34608 |
| asbestos hazard abatement activities must follow for the | 34609 |
| prevention of hazard to the public; | 34610 |
| (7) Worker protection equipment and practices and other | 34611 |
| health and safety standards for employees and agents of public | 34612 |
| entities coming in contact with asbestos through asbestos hazard | 34613 |
| abatement activity; | 34614 |
| (8) Standards of acceptable conduct for licensees and | 34615 |
| certificate holders engaged in asbestos hazard abatement or | 34616 |
| evaluation activities and acts and omissions that constitute | 34617 |
| grounds for the suspension or revocation of a license or | 34618 |
| certificate, or the denial of an application or renewal of a | 34619 |
| license or certificate in addition to those otherwise provided in | 34620 |
| this chapter; | 34621 |
| (9) Training requirements for asbestos hazard abatement | 34622 |
| project designers and asbestos hazard abatement air-monitoring | 34623 |
| technicians; | 34624 |
| (10)(a) Subject to the condition specified in division | 34625 |
| (A)(10)(b) of this section, a standard requiring that the amount | 34626 |
| of asbestos contained in the air in areas accessible to the public | 34627 |
| in buildings that are owned, operated, or leased by a public | 34628 |
| entity be not more than ten thousand asbestos fibers longer than | 34629 |
| five microns per cubic meter of air calculated as an eight-hour | 34630 |
| time-weighted average, which is measured during periods of normal | 34631 |
| building occupancy, and a requirement that measurement of airborne | 34632 |
| asbestos be made by either or both of the following methods, | 34633 |
| provided that results derived by use of the method described in | 34634 |
| division (A)(10)(a)(i) of this section supersede results derived | 34635 |
| by use of the method described in division (A)(10)(a)(ii) of this | 34636 |
| section if both methods are used and the methods yield conflicting | 34637 |
| results concerning the presence of fibers in the tested air that | 34638 |
| may not be asbestos: | 34639 |
| (i) Transmission electron microscopy in the manner described | 34640 |
| in the measurement protocol established by the United States | 34641 |
| environmental protection agency as set forth in 40 C.F.R. 763; | 34642 |
| (ii) Optical phase contrast microscopy in the manner | 34643 |
| described in the measurement protocol established by the United | 34644 |
| States occupational safety and health administration as set forth | 34645 |
| in 29 C.F.R. 1910. | 34646 |
| (b) The | 34647 |
| review the standard required by division (A)(10)(a) of this | 34648 |
| section and determine whether and how it should be amended and how | 34649 |
| it shall be used in conjunction with visual and physical | 34650 |
| assessment of asbestos-containing materials located in buildings | 34651 |
| that are owned, operated, or leased by a public entity to | 34652 |
| determine appropriate and cost-effective response actions to such | 34653 |
| asbestos-containing materials and shall amend the standard if it | 34654 |
| determines that such action is necessary. | 34655 |
| (11) Other rules that the | 34656 |
| determines necessary for the implementation of this chapter and to | 34657 |
| protect the public health from the hazards associated with | 34658 |
| exposure to asbestos. | 34659 |
| (B) The director shall do all of the following: | 34660 |
| (1) Administer and enforce this chapter and the rules | 34661 |
| 34662 |
| (2) Develop comprehensive programs and policies for the | 34663 |
| control and prevention of nonoccupational exposure of the public | 34664 |
| to friable asbestos-containing materials; | 34665 |
| (3) Ensure that persons are trained and licensed or | 34666 |
| certified, where appropriate, in accordance with this chapter and | 34667 |
|
the rules | 34668 |
| (4) Examine those records of licensed asbestos hazard | 34669 |
| abatement contractors, certified asbestos hazard abatement | 34670 |
| specialists, asbestos hazard evaluation specialists, asbestos | 34671 |
| hazard abatement project designers, asbestos hazard abatement | 34672 |
| air-monitoring technicians, and asbestos hazard training courses | 34673 |
|
in accordance with rules adopted by the | 34674 |
| director as
| 34675 |
|
compliance with this chapter and the rules | 34676 |
| 34677 |
| (5) Prohibit and prevent improper asbestos hazard abatement | 34678 |
| procedures and require the modification or alteration of asbestos | 34679 |
| abatement procedures as they relate to this chapter and the rules | 34680 |
| 34681 |
| (6) Collect and disseminate health education information | 34682 |
| relating to safe management of asbestos hazards; | 34683 |
| (7) Accept and administer grants from the federal government | 34684 |
| and other sources, both public and private, for carrying out any | 34685 |
|
of | 34686 |
| (8) As | 34687 |
| on-site inspections at any location where an asbestos hazard | 34688 |
| abatement activity is planned, in progress, or has been completed, | 34689 |
| at any location where a public health emergency may occur, is | 34690 |
| occurring, or has occurred, or to evaluate the performance or | 34691 |
| compliance of any person subject to this chapter; | 34692 |
| (9) Conduct an on-site audit of each asbestos hazard training | 34693 |
| provider approved pursuant to this chapter, at least once | 34694 |
| biennially, during an actual course conducted by the provider | 34695 |
| within the state; | 34696 |
| (10) Cooperate and assist in investigations, as such relate | 34697 |
| to this chapter, conducted by local law enforcement agencies, the | 34698 |
| Ohio environmental protection agency, the United States | 34699 |
| occupational safety and health administration, and other local, | 34700 |
| state, and federal agencies. | 34701 |
| Sec. 3710.04. (A) To qualify for an asbestos hazard | 34702 |
| abatement contractor's license, a business entity or public entity | 34703 |
| shall meet the requirements of this section. | 34704 |
| (B) Each employee or agent of the business entity or public | 34705 |
| entity applying for a license who will come in contact with | 34706 |
| asbestos or will be responsible for an asbestos hazard abatement | 34707 |
| project shall: | 34708 |
| (1) Be familiar with all applicable state and federal | 34709 |
| standards for asbestos hazard abatement projects; | 34710 |
| (2) Have successfully completed the course of instruction on | 34711 |
| asbestos hazard abatement activities, for their particular | 34712 |
| certification, approved by the department of health pursuant to | 34713 |
| section 3710.10 of the Revised Code, have passed an examination | 34714 |
| approved by the department, and demonstrate to the department that | 34715 |
| 34716 | |
| applicable standards of this state, the United States | 34717 |
| environmental protection agency, and the United States | 34718 |
| occupational safety and health administration. | 34719 |
| (C) A business entity or public entity applying for an | 34720 |
| asbestos hazard abatement contractor's license shall, in addition | 34721 |
| to the other requirements of this section, provide at least one | 34722 |
| asbestos hazard abatement specialist, certified pursuant to this | 34723 |
|
chapter and the rules | 34724 |
| 34725 | |
| project, and demonstrate to the satisfaction of the department | 34726 |
|
that | 34727 |
| (1) Has access to at least one asbestos disposal site | 34728 |
| approved by the Ohio environmental protection agency that is | 34729 |
|
sufficient for the deposit of all asbestos waste that | 34730 |
| applicant will generate during the term of the license; | 34731 |
| (2) Is sufficiently qualified to safely remove asbestos, | 34732 |
| demonstrated by reliability as an asbestos hazard abatement | 34733 |
| contractor, possesses a work program that prevents the | 34734 |
| contamination or recontamination of the environment and protects | 34735 |
| the public health from the hazards of exposure to asbestos, | 34736 |
| possesses evidence of certification of each individual employee or | 34737 |
| agent who will be responsible for others who may come in contact | 34738 |
| with friable asbestos-containing materials, possesses evidence of | 34739 |
| training of workers required by section 3710.07 of the Revised | 34740 |
| Code, and has prior successful experience in asbestos hazard | 34741 |
|
abatement projects or equivalent qualifications as determined | 34742 |
| 34743 | |
|
health | 34744 |
| (3) Possesses a worker protection program consistent with | 34745 |
|
requirements established by the | 34746 |
| the contractor is a public entity, and a worker protection program | 34747 |
| consistent with the requirements of the United States occupational | 34748 |
| safety and health administration if the contractor is a business | 34749 |
| entity; | 34750 |
| (4) Is registered as a business entity with the secretary of | 34751 |
| state. | 34752 |
| (D) No applicant for licensure as an asbestos hazard | 34753 |
| abatement contractor, in order to meet the requirements of this | 34754 |
| chapter, shall list an employee of another contractor. | 34755 |
| (E) The business entity or public entity shall meet any other | 34756 |
|
standards that the | 34757 |
| (F) Nothing in this chapter or the rules adopted pursuant | 34758 |
| thereto relating to asbestos hazard abatement project designers | 34759 |
| shall be interpreted as authorizing or permitting an individual | 34760 |
| who is certified as an asbestos hazard abatement project designer | 34761 |
| to perform the services of a registered architect or professional | 34762 |
| engineer unless that person is registered under Chapter 4703. or | 34763 |
| 4733. of the Revised Code to perform such services. | 34764 |
| Sec. 3710.05. (A) Except as otherwise provided in this | 34765 |
| chapter, no person shall engage in any asbestos hazard abatement | 34766 |
| activities in this state unless licensed or certified pursuant to | 34767 |
| this chapter. | 34768 |
| (B) To apply for licensure as an asbestos abatement | 34769 |
| contractor or certification as an asbestos hazard abatement | 34770 |
| specialist, an asbestos hazard evaluation specialist, an asbestos | 34771 |
| hazard abatement project designer, or an asbestos hazard abatement | 34772 |
| air-monitoring technician, a person shall do all of the following: | 34773 |
| (1) Submit a completed application to the department of | 34774 |
| health, on a form provided by the department; | 34775 |
| (2) Pay the requisite fee as provided in division (D) of this | 34776 |
| section; | 34777 |
| (3) Submit any other information the | 34778 |
|
health | 34779 |
| (C) The application form for a business entity or public | 34780 |
| entity applying for an asbestos hazard abatement contractor's | 34781 |
| license shall include all of the following: | 34782 |
| (1) A description of the protective clothing and respirators | 34783 |
| that the public entity will use to comply with rules adopted by | 34784 |
|
the | 34785 |
| will use to comply with requirements of the United States | 34786 |
| occupational safety and health administration; | 34787 |
| (2) A description of procedures the business entity or public | 34788 |
| entity will use for the selection, utilization, handling, removal, | 34789 |
| and disposal of clothing to prevent contamination or | 34790 |
| recontamination of the environment and to protect the public | 34791 |
| health from the hazards associated with exposure to asbestos; | 34792 |
| (3) The name and address of each asbestos disposal site that | 34793 |
| the business entity or public entity might use during the year; | 34794 |
| (4) A description of the site decontamination procedures that | 34795 |
| the business entity or public entity will use; | 34796 |
| (5) A description of the asbestos hazard abatement procedures | 34797 |
| that the business entity or public entity will use; | 34798 |
| (6) A description of the procedures that the business entity | 34799 |
| or public entity will use for handling waste containing asbestos; | 34800 |
| (7) A description of the air-monitoring procedures that the | 34801 |
| business entity or public entity will use to prevent contamination | 34802 |
| or recontamination of the environment and to protect the public | 34803 |
| health from the hazards of exposure to asbestos; | 34804 |
| (8) A description of the final clean-up procedures that the | 34805 |
| business entity or public entity will use; | 34806 |
| (9) A list of all partners, owners, and officers of the | 34807 |
| business entity along with their social security numbers; | 34808 |
| (10) The federal tax identification number of the business | 34809 |
| entity or the public entity. | 34810 |
| (D) The fees to be charged to each public entity and business | 34811 |
| entity and their employees and agents for licensure, | 34812 |
| certification, approval, and renewal of licenses, certifications, | 34813 |
| and approvals granted under this chapter, subject to division | 34814 |
| (A)(4) of section 3710.02 of the Revised Code, are: | 34815 |
| (1) Seven hundred fifty dollars for asbestos hazard abatement | 34816 |
| contractors; | 34817 |
| (2) Two hundred dollars for asbestos hazard abatement project | 34818 |
| designers; | 34819 |
| (3) Fifty dollars for asbestos hazard abatement workers; | 34820 |
| (4) Two hundred dollars for asbestos hazard abatement | 34821 |
| specialists; | 34822 |
| (5) Two hundred dollars for asbestos hazard evaluation | 34823 |
| specialists; and | 34824 |
| (6) Nine hundred dollars for approval or renewal of asbestos | 34825 |
| hazard training providers. | 34826 |
| (E) Notwithstanding division (A) of this section, no business | 34827 |
| entity which engages in asbestos hazard abatement activities | 34828 |
| solely at its own place of business is required to be licensed as | 34829 |
| an asbestos hazard abatement contractor provided that the business | 34830 |
| entity is required to and does comply with all applicable | 34831 |
| standards of the United States environmental protection agency and | 34832 |
| the United States occupational safety and health administration | 34833 |
| and provided further that all persons employed by the business | 34834 |
| entity on the activity meet the requirements of this chapter. | 34835 |
| Sec. 3710.051. No person shall enter into an agreement to | 34836 |
| perform any aspect of an asbestos hazard abatement project unless | 34837 |
| the agreement is written and contains at least all of the | 34838 |
| following: | 34839 |
| (A) A requirement that all persons working on the project are | 34840 |
| licensed or certified by the department of health as required by | 34841 |
| this chapter; | 34842 |
| (B) A requirement that all project clearance levels and | 34843 |
|
sampling be in accordance with | 34844 |
| adopted by the director of health; | 34845 |
| (C) A requirement that all clearance air-monitoring be | 34846 |
| conducted by asbestos hazard abatement air-monitoring technicians | 34847 |
| or asbestos hazard evaluation specialists certified by the | 34848 |
| department. | 34849 |
| Sec. 3710.06. (A) Within fifteen business days after | 34850 |
| receiving an application, the department of health shall | 34851 |
| acknowledge receipt of the application and notify the applicant of | 34852 |
| any deficiency in the application. Within sixty calendar days | 34853 |
| after receiving a completed application, including all additional | 34854 |
| information requested by the department, the department shall | 34855 |
| issue a license or certificate or deny the application. The | 34856 |
| department shall issue only one license or certificate that is in | 34857 |
| effect at one time to a business entity and its principal officers | 34858 |
| and a public entity and its principal officers. | 34859 |
| (B)(1) The department shall deny an application if it | 34860 |
| determines that the applicant has not demonstrated the ability to | 34861 |
| comply fully with all applicable federal and state requirements | 34862 |
| and all requirements, procedures, and standards established by the | 34863 |
| 34864 |
| (2) The department shall deny any application for an asbestos | 34865 |
| hazard abatement contractor's license if the applicant or an | 34866 |
| officer or employee of the applicant has been convicted of a | 34867 |
| felony under any state or federal law designed to protect the | 34868 |
| environment. | 34869 |
| (3) The department shall send all denials of an application | 34870 |
| by certified mail to the applicant. If the department receives a | 34871 |
| timely request for a hearing from the applicant, as provided in | 34872 |
| division (D) of section 3710.13 of the Revised Code, the | 34873 |
| department shall hold a hearing in accordance with Chapter 119. of | 34874 |
| the Revised Code. | 34875 |
| (C) In an emergency that results from a sudden, unexpected | 34876 |
| event that is not a planned asbestos hazard abatement project, the | 34877 |
| department may waive the requirements for a license or | 34878 |
| certificate. For the purposes of this division, "emergency" | 34879 |
| includes operations necessitated by nonroutine failures of | 34880 |
| equipment or by actions of fire and emergency medical personnel | 34881 |
| pursuant to duties within their official capacities. Any person | 34882 |
| who performs an asbestos hazard abatement activity under emergency | 34883 |
| conditions shall notify the director within three days after | 34884 |
| performance thereof. | 34885 |
| (D) Each license or certificate issued under this chapter | 34886 |
| expires one year after the date of issue, but each licensee or | 34887 |
| certificate holder may apply to the department for the extension | 34888 |
|
of | 34889 |
| renewal procedures of Chapter 4745. of the Revised Code. | 34890 |
| To qualify for renewal of a license or certificate issued | 34891 |
| under this chapter, each licensee or certificate holder shall send | 34892 |
| the appropriate renewal fee set forth in division (D) of section | 34893 |
|
3710.05 of the Revised Code or as adopted by rule by the
| 34894 |
| 34895 | |
| 3710.02 of the Revised Code. | 34896 |
| Certificate holders also shall successfully complete an | 34897 |
| annual renewal course approved by the department pursuant to | 34898 |
| section 3710.10 of the Revised Code. | 34899 |
| (E) The department may charge a fee in addition to those | 34900 |
| specified in division (D) of section 3710.05 of the Revised Code | 34901 |
|
or in | 34902 |
| pursuant to division (A)(4) of section 3710.02 of the Revised Code | 34903 |
| if the licensee or certificate holder applies for renewal after | 34904 |
| the expiration thereof or requests a reissuance of any license or | 34905 |
| certificate, provided that no such fee shall exceed the original | 34906 |
| fees by more than fifty per cent. | 34907 |
| Sec. 3710.07. (A) Prior to engaging in any asbestos hazard | 34908 |
| abatement project, an asbestos hazard abatement contractor shall | 34909 |
| do all of the following: | 34910 |
| (1) Prepare a written respiratory protection program as | 34911 |
|
defined by the | 34912 |
| and make the program available to the department of health, and | 34913 |
| workers at the job site if the contractor is a public entity or | 34914 |
| prepare a written respiratory protection program, consistent with | 34915 |
| 29 C.F.R. 1910.134 and make the program available to the | 34916 |
| department, and workers at the job site if the contractor is a | 34917 |
| business entity; | 34918 |
| (2) Ensure that each worker who will be involved in any | 34919 |
| asbestos hazard abatement project has been examined within the | 34920 |
| preceding year and has been declared by a physician to be | 34921 |
| physically capable of working while wearing a respirator; | 34922 |
| (3) Ensure that each of the contractor's employees or agents | 34923 |
| who will come in contact with asbestos-containing materials or | 34924 |
| will be responsible for an asbestos hazard abatement project | 34925 |
| receives the appropriate certification or licensure required by | 34926 |
| this chapter and the following training: | 34927 |
| (a) An initial course approved by the department pursuant to | 34928 |
| section 3710.10 of the Revised Code, completed before engaging in | 34929 |
| any asbestos hazard abatement project; and | 34930 |
| (b) An annual review course approved by the department | 34931 |
| pursuant to section 3710.10 of the Revised Code. | 34932 |
| (B) After obtaining or renewing a license, an asbestos hazard | 34933 |
| abatement contractor shall notify the department, on a form | 34934 |
| approved by the director of health, at least ten days before | 34935 |
| beginning each asbestos hazard abatement project conducted during | 34936 |
| the term of the contractor's license. | 34937 |
| (C) In addition to any other fee imposed under this chapter, | 34938 |
| an asbestos hazard abatement contractor shall pay, at the time of | 34939 |
| providing notice under division (B) of this section, the | 34940 |
| department a fee of sixty-five dollars for each asbestos hazard | 34941 |
| abatement project conducted. | 34942 |
| Sec. 3710.08. (A) An asbestos hazard abatement contractor | 34943 |
| engaging in any asbestos hazard abatement project shall, during | 34944 |
| the course of the project: | 34945 |
| (1) Conduct each project in a manner that is in compliance | 34946 |
| with the requirements the director of environmental protection | 34947 |
| adopts pursuant to section 3704.03 of the Revised Code and the | 34948 |
| asbestos requirements of the United States occupational safety and | 34949 |
| health administration set forth in 29 C.F.R. 1926.58; | 34950 |
| (2) Comply with all applicable rules adopted by the | 34951 |
| director of health | 34952 |
| Revised Code. | 34953 |
| (B) An asbestos hazard abatement contractor that is a public | 34954 |
| entity shall: | 34955 |
| (1) Provide workers with protective clothing and equipment | 34956 |
| and ensure that the workers involved in any asbestos hazard | 34957 |
| abatement project use the items properly. Protective clothing and | 34958 |
| equipment shall include: | 34959 |
| (a) Respirators approved by the national institute of | 34960 |
| occupational safety and health. These respirators shall be fit | 34961 |
| tested in accordance with requirements of the United States | 34962 |
| occupational safety and health administration set forth in 29 | 34963 |
| C.F.R. 1926.58(h). At the request of an employee, the asbestos | 34964 |
| hazard abatement contractor shall provide the employee with a | 34965 |
| powered air purifying respirator, in which case, the testing | 34966 |
| requirements of division (B)(1)(a) of this section do not apply. | 34967 |
| (b) Items required by the | 34968 |
| by rule as provided in division (A)(7) of section 3710.02 of the | 34969 |
| Revised Code. | 34970 |
| (2) Comply with all applicable standards of conduct and | 34971 |
|
requirements adopted by | 34972 |
| of health pursuant to section 3710.02 of the Revised Code. | 34973 |
| (C) An asbestos hazard abatement specialist engaging in any | 34974 |
| asbestos hazard abatement project shall, during the course of the | 34975 |
| project: | 34976 |
| (1) Conduct each project in a manner that will meet | 34977 |
| decontamination procedures, project containment procedures, and | 34978 |
| asbestos fiber dispersal methods as provided in division (A)(6) of | 34979 |
| section 3710.02 of the Revised Code; | 34980 |
| (2) Ensure that workers utilize, handle, remove, and dispose | 34981 |
| of the disposable clothing provided by abatement contractors in a | 34982 |
| manner that will prevent contamination or recontamination of the | 34983 |
| environment and protect the public health from the hazards of | 34984 |
| exposure to asbestos; | 34985 |
| (3) Ensure that workers utilize protective clothing and | 34986 |
| equipment and comply with the applicable health and safety | 34987 |
| standards set forth in division (A) of section 3710.08 of the | 34988 |
| Revised Code; | 34989 |
| (4) Ensure that there is no smoking, eating, or drinking in | 34990 |
| the work area; | 34991 |
| (5) Comply with all applicable standards of conduct and | 34992 |
|
requirements adopted by the | 34993 |
| health pursuant to section 3710.02 of the Revised Code. | 34994 |
| (D) An asbestos hazard evaluation specialist engaged in the | 34995 |
| identification, detection, and assessment of asbestos-containing | 34996 |
| materials, the determination of appropriate response actions, or | 34997 |
| other activities associated with an abatement project or the | 34998 |
| preparation of management plans, shall comply with the applicable | 34999 |
|
standards of conduct and requirements adopted by | 35000 |
| 35001 | |
| the Revised Code. | 35002 |
| (E) Every asbestos hazard abatement worker shall comply with | 35003 |
|
all applicable standards adopted by the | 35004 |
| 35005 |
| (F) The department may, on a case-by-case basis, approve an | 35006 |
| alternative to the worker protection requirements of divisions | 35007 |
| (A), (B), and (C) of this section for an asbestos hazard abatement | 35008 |
| project conducted by a public entity, provided that the asbestos | 35009 |
| hazard abatement contractor submits the alternative procedure to | 35010 |
| the department in writing and demonstrates to the satisfaction of | 35011 |
| the department that the proposed alternative procedure provides | 35012 |
| equivalent worker protection. | 35013 |
| Sec. 3710.09. (A) As a means of protecting the public, each | 35014 |
| asbestos hazard abatement contractor licensed under this chapter | 35015 |
| shall maintain records of all asbestos hazard abatement projects | 35016 |
|
which | 35017 |
| to the department of health upon request. The licensee shall | 35018 |
| maintain the records for at least thirty years. | 35019 |
| (B) The records required by this section shall include all of | 35020 |
| the following: | 35021 |
| (1) The name, social security number, and address of the | 35022 |
| person who supervised the asbestos hazard abatement project; | 35023 |
| (2) The names and social security numbers of all workers at | 35024 |
| the job site; | 35025 |
| (3) The location and description of the asbestos hazard | 35026 |
| abatement project and the amount of asbestos-containing material | 35027 |
| that was removed; | 35028 |
| (4) The starting and completion dates of each asbestos hazard | 35029 |
| abatement project; | 35030 |
| (5) A summary of the procedures that were used to comply with | 35031 |
| all applicable federal, state, and local standards; | 35032 |
| (6) The name and address of each asbestos disposal site where | 35033 |
| the waste containing asbestos was deposited; | 35034 |
| (7) Any other information that the | 35035 |
| 35036 |
| Sec. 3710.10. (A) No person other than the department of | 35037 |
| health shall conduct or offer to conduct any initial or review | 35038 |
| training course or examination required by this chapter unless | 35039 |
| that person is approved to sponsor the courses and examinations | 35040 |
| under this section. In conducting any such course or examination, | 35041 |
| the department and the approved person shall administer the | 35042 |
| courses and examinations according to the United States | 35043 |
| environmental protection agency "Model Accreditation Plan," 40 | 35044 |
|
C.F.R. 763, Subpart E, Appendix C, and the rules of the
| 35045 |
| director of health | 35046 |
| section 3710.02 of the Revised Code. A person may apply for | 35047 |
| approval or renewal of a course on the health and safety aspects | 35048 |
| of asbestos hazard abatement activities which meets the | 35049 |
| requirements of division (A)(3) of section 3710.07 of the Revised | 35050 |
| Code by submitting a written application on forms provided by the | 35051 |
| department. | 35052 |
| (B) In order to obtain or renew department approval, a person | 35053 |
| sponsoring a course shall substantially satisfy all of the | 35054 |
| following criteria: | 35055 |
| (1) Provide courses of instruction and examinations that meet | 35056 |
| the requirements of division (A) of this section; | 35057 |
| (2) Ensure that instruction is given or supervised by | 35058 |
|
personnel with sufficient education and experience as determined | 35059 |
| 35060 |
| (3) Maintain lists of students trained and the dates on which | 35061 |
| training occurred for at least twenty years, and make this | 35062 |
| information available to the department upon request. | 35063 |
| (C) In order to obtain or renew department approval, a person | 35064 |
| sponsoring an initial course or a review course annually shall | 35065 |
| apply to the department for approval. In applying, the person | 35066 |
| shall submit the fee set forth in division (D) of section 3710.05 | 35067 |
| of the Revised Code along with any increase in fee adopted | 35068 |
| pursuant to division (A)(4) of section 3710.02 of the Revised | 35069 |
| Code. | 35070 |
| (D)(1) The department shall act or acknowledge receipt of an | 35071 |
| application within ten working days after receiving the | 35072 |
| application. | 35073 |
| (2) The department shall act on the application within ninety | 35074 |
| days after it is complete. | 35075 |
| (3) The department shall grant contingent approval of an | 35076 |
| application if the department determines the course substantially | 35077 |
| satisfies or will substantially satisfy the criteria in this | 35078 |
|
chapter and the rules adopted by the | 35079 |
| director. | 35080 |
| (4) The department may deny or revoke approval of a course if | 35081 |
| the department determines the course does not or will not | 35082 |
| substantially satisfy the criteria in this chapter or the rules | 35083 |
|
adopted by the | 35084 |
| (5) The department shall grant final approval of a course | 35085 |
| only after an on-site audit by the department which reveals that | 35086 |
| the course substantially satisfies the criteria in this chapter | 35087 |
|
and the rules adopted by the | 35088 |
| Course approvals expire one year from the date of final approval | 35089 |
| under division (D)(5) of this section. | 35090 |
| (E) Each course approval issued under this section expires | 35091 |
| one year after the date of issue, but a person who received | 35092 |
| approval may apply to the department for renewal under the | 35093 |
| standard renewal procedures of Chapter 4745. of the Revised Code. | 35094 |
| The fee prescribed in section 3710.05 of the Revised Code must | 35095 |
| accompany the application. | 35096 |
| Sec. 3710.12. Subject to the hearing provisions of this | 35097 |
| chapter, the department of health may deny, suspend, or revoke any | 35098 |
| license or certificate, or renewal thereof, if the licensee or | 35099 |
| certificate holder: | 35100 |
| (A) Fraudulently or deceptively obtains or attempts to obtain | 35101 |
| a license or certificate; | 35102 |
| (B) Fails at any time to meet the qualifications for a | 35103 |
| license or certificate; | 35104 |
| (C) Is violating or threatening to violate any provisions of | 35105 |
| any of the following: | 35106 |
| (1) This chapter or the rules of the | 35107 |
| director of health adopted pursuant thereto; | 35108 |
| (2) The "National Emission Standard for Hazardous Air | 35109 |
| Pollutants" regulations of the United States environmental | 35110 |
|
protection agency as the regulations pertain to asbestos; | 35111 |
| (3) The regulations of the United States occupational safety | 35112 |
| and health administration as the regulations pertain to asbestos. | 35113 |
| Sec. 3710.13. (A) Except as otherwise provided in Chapter | 35114 |
| 119. of the Revised Code or this section, before the department of | 35115 |
| health takes any action under section 3710.12 of the Revised Code, | 35116 |
| it shall give the licensee or certificate holder against whom | 35117 |
| action is contemplated an opportunity for a hearing. | 35118 |
| Except as otherwise provided in this section, the department | 35119 |
| shall give notice and hold the hearing in accordance with Chapter | 35120 |
| 119. of the Revised Code. | 35121 |
| (B) The department, without notice or hearing and in | 35122 |
|
accordance with | 35123 |
|
health | 35124 |
| to meet a public health emergency involving asbestos. Any person | 35125 |
| to whom an order is directed shall immediately comply with the | 35126 |
| order. Upon application to the director of health, the person | 35127 |
| shall be afforded a hearing as soon as possible, but no more than | 35128 |
| twenty days after receipt of the application by the director. | 35129 |
| (C) If the director determines, pursuant to division (B) of | 35130 |
|
this section, that a public health emergency exists, | 35131 |
| director may order, without a hearing, the denial, suspension, or | 35132 |
| revocation of any license or certificate issued under this chapter | 35133 |
| of the parties involved, provided that an opportunity for a | 35134 |
| hearing is provided to the affected party as soon as reasonably | 35135 |
| possible. | 35136 |
| (D) All proceedings under this chapter are subject to Chapter | 35137 |
| 119. of the Revised Code, except that: | 35138 |
| (1) Upon the request of a licensee or certificate holder, the | 35139 |
| location of an adjudicatory hearing is the county seat of the | 35140 |
| county in which the licensee or certificate holder conducts | 35141 |
| business. | 35142 |
| (2) The director shall notify, by certified mail or personal | 35143 |
|
delivery, a licensee or certificate holder that | 35144 |
|
certificate holder is entitled to a hearing if | 35145 |
| certificate holder requests it, in writing, within ten days of the | 35146 |
|
time that | 35147 |
| notice. If the licensee or certificate holder requests such a | 35148 |
| hearing, the director shall set the hearing date no later than ten | 35149 |
| days after the director receives the request. | 35150 |
| (3) The director shall not apply for or receive a | 35151 |
| postponement or continuation of an adjudication hearing. If a | 35152 |
| licensee or certificate holder requests a postponement or | 35153 |
| continuation of an adjudication hearing, the director only shall | 35154 |
| grant the request if the licensee or certificate holder | 35155 |
| demonstrates extreme hardship in complying with the hearing date. | 35156 |
| If the director grants a postponement or continuation on the | 35157 |
| grounds of extreme hardship, the director shall include in the | 35158 |
| record of the case, the nature and cause of the extreme hardship. | 35159 |
| (4) In lieu of an adjudicatory hearing required by this | 35160 |
| chapter, a licensee or certificate holder, by no later than the | 35161 |
| date set for a hearing pursuant to division (A)(3) of this | 35162 |
| section, may by written request to the director, request that the | 35163 |
| matter be resolved by the licensee or certificate holder | 35164 |
| submitting documents, papers, and other written evidence to the | 35165 |
|
director to support | 35166 |
| claim. | 35167 |
| (5) If the director appoints a referee or an examiner to | 35168 |
| conduct a hearing, all of the following apply: | 35169 |
| (a) The examiner or referee shall serve, by certified mail | 35170 |
| and within three business days of the conclusion of the hearing, a | 35171 |
|
copy of the written adjudication report and | 35172 |
| examiner's recommendations, on the director and the affected | 35173 |
| licensee or certificate holder or the licensee's or certificate | 35174 |
| holder's attorney or other representative of record. | 35175 |
| (b) The licensee or certificate holder, within three business | 35176 |
| days of receipt of the report under division (D)(5)(a) of this | 35177 |
| section, may file with the director written objections to the | 35178 |
| report and recommendations. | 35179 |
| (c) The director shall consider any objections received under | 35180 |
| division (D)(5)(b) of this section prior to approving, modifying, | 35181 |
| or disapproving the report and recommendations. Within six | 35182 |
| business days of receiving the report under division (D)(5)(a) of | 35183 |
|
this section, the director shall serve | 35184 |
| by certified mail, on the affected licensee or certificate holder | 35185 |
| or the licensee's or certificate holder's attorney or other | 35186 |
| representative of record. | 35187 |
| (6) If the director conducts an adjudicatory hearing under | 35188 |
|
this chapter, | 35189 |
| decision, by certified mail and within three business days of the | 35190 |
| conclusion of the hearing, on the affected licensee or certificate | 35191 |
| holder or the licensee's or certificate holder's attorney or other | 35192 |
| representative of record. | 35193 |
| (7) If no hearing is held, the director shall issue an order, | 35194 |
| by certified mail and within three business days of the last date | 35195 |
|
possible for a hearing, based upon the record available to | 35196 |
| director, to the affected licensee or certificate holder or the | 35197 |
| licensee's or certificate holder's attorney or other | 35198 |
| representative of record. | 35199 |
| (8) A licensee or certificate holder shall file a notice of | 35200 |
| appeal to an adverse adjudication decision within fifteen days | 35201 |
| after receipt of the director's order. | 35202 |
| Sec. 3710.17. (A) Where any person is certified or licensed | 35203 |
| by the department of health to engage in asbestos hazard abatement | 35204 |
| or evaluation activity pursuant to this chapter, the liability of | 35205 |
| that person when performing such activity in accordance with | 35206 |
| procedures established pursuant to state or federal law for an | 35207 |
| injury to any individual or property caused or related to this | 35208 |
| activity shall be limited to acts or omissions of the person | 35209 |
| during the course of performing the activity which can be shown, | 35210 |
| based on a preponderance of the evidence, to have been negligent. | 35211 |
| For the purposes of this section, the demonstration that acts or | 35212 |
| omissions of a person performing asbestos hazard abatement or | 35213 |
| evaluation activities were in accordance with generally accepted | 35214 |
| practice and with procedures established by state or federal law | 35215 |
| at the time the abatement or evaluation activity was performed | 35216 |
| creates a rebuttable presumption that the acts or omissions were | 35217 |
| not negligent. | 35218 |
| (B) Where any person contracts with a certified asbestos | 35219 |
| hazard abatement specialist, asbestos hazard evaluation | 35220 |
| specialist, or other category of asbestos hazard specialist | 35221 |
|
established by the | 35222 |
| licensed asbestos hazard abatement contractor, the liability of | 35223 |
|
that person for asbestos-related injuries caused by | 35224 |
| person's contractee in the performance of asbestos hazard | 35225 |
| abatement or evaluation activities shall be limited to those | 35226 |
| asbestos-related injuries arising from acts which the person knew | 35227 |
| or could reasonably have been expected to know were not in | 35228 |
| accordance with generally accepted practice or with procedures | 35229 |
| established by state or federal law at the time the abatement | 35230 |
| activity took place. | 35231 |
| (C) Notwithstanding any other provisions of the Revised Code | 35232 |
| or rules of a court to the contrary, this section governs all | 35233 |
| claims for asbestos-related injuries arising from asbestos hazard | 35234 |
| abatement or evaluation activities. | 35235 |
| Sec. 3711.04. Each person seeking to operate a maternity | 35236 |
| unit, newborn care nursery, or maternity home shall apply to the | 35237 |
| director of health for a license under this chapter. The | 35238 |
| application shall be submitted in the form and manner prescribed | 35239 |
|
by the
| 35240 |
| section 3711.12 of the Revised Code. | 35241 |
| A single application and license is required if an applicant | 35242 |
| will operate both a maternity unit and newborn care nursery. | 35243 |
| Sec. 3711.06. The director of health shall inspect each | 35244 |
| maternity unit, newborn care nursery, or maternity home for which | 35245 |
| a person has applied for an initial license under section 3711.04 | 35246 |
| of the Revised Code prior to issuing the license. Inspections | 35247 |
| shall be conducted in accordance with inspection criteria, | 35248 |
|
procedures, and guidelines adopted by the
| 35249 |
| director under section 3711.12 of the Revised Code. | 35250 |
| Sec. 3711.08. A license issued under this chapter is valid | 35251 |
| for three years, unless earlier revoked or suspended under section | 35252 |
| 3711.14 of the Revised Code. The license may be renewed in the | 35253 |
|
manner prescribed by the | 35254 |
| rules adopted under section 3711.12 of the Revised Code. The | 35255 |
| license renewal fee specified in the rules shall be paid not later | 35256 |
| than sixty days after the director of health mails an invoice for | 35257 |
| the fee to the license holder. A penalty of ten per cent of the | 35258 |
| amount of the renewal fee shall be assessed for each month the fee | 35259 |
| is overdue. | 35260 |
| Sec. 3711.12. (A) The | 35261 |
| adopt rules in accordance with Chapter 119. of the Revised Code as | 35262 |
|
the
| 35263 |
| requirements of this chapter for licensure and operation of | 35264 |
| maternity units, newborn care nurseries, and maternity homes. The | 35265 |
| rules shall include provisions for the following: | 35266 |
| (1) Licensure application forms and procedures; | 35267 |
| (2) Renewal procedures, including procedures that address the | 35268 |
| right of the director of health, at the director's sole | 35269 |
| discretion, to conduct an inspection prior to renewal of a | 35270 |
| license; | 35271 |
| (3) Initial license fees and license renewal fees; | 35272 |
| (4) Fees for inspections conducted by the director under | 35273 |
| section 3711.10 of the Revised Code; | 35274 |
| (5) Safety standards, quality-of-care standards, and | 35275 |
| quality-of-care data reporting requirements; | 35276 |
| (6) Reporting and auditing requirements; | 35277 |
| (7) Inspection criteria, procedures, and guidelines; | 35278 |
| (8) Any other rules necessary to implement this chapter. | 35279 |
| (B) When adopting rules under this section, the | 35280 |
| 35281 | |
| regarding obstetric and newborn care issued by the American | 35282 |
| college of obstetricians and gynecologists; American academy of | 35283 |
| pediatrics; American academy of family physicians; American | 35284 |
| society of anesthesiologists; American college of nurse-midwives; | 35285 |
| United States centers for disease control and prevention; | 35286 |
| association of women's health, obstetric and neonatal nurses; and | 35287 |
| association of perioperative registered nurses, or their successor | 35288 |
|
organizations. The | 35289 |
| recommendations of the maternity and newborn advisory council | 35290 |
| established in section 3711.20 of the Revised Code. | 35291 |
| Sec. 3711.21. The maternity and newborn advisory council | 35292 |
| shall do all of the following: | 35293 |
| (A) Advise and consult with the director of health in the | 35294 |
|
development of rules to be | 35295 |
| 35296 |
| (B) Advise and consult with the director concerning the | 35297 |
| implementation and enforcement of this chapter; | 35298 |
| (C) Advise and consult with the director in the development | 35299 |
| of inspection criteria, procedures, and guidelines to be used in | 35300 |
| enforcement of this chapter; | 35301 |
| (D) Advise and consult with the director regarding | 35302 |
|
recommendations | 35303 |
| regarding improving maternity and newborn care in this state; | 35304 |
| (E) Prepare and submit to the director an annual report | 35305 |
| evaluating the department's enforcement of this chapter. | 35306 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 35307 |
|
Revised Code, the | 35308 |
| and may amend and rescind, rules: | 35309 |
| (1) Providing for the licensing of persons or public agencies | 35310 |
| providing hospice care programs within this state by the | 35311 |
| department of health and for the suspension and revocation of | 35312 |
| licenses; | 35313 |
| (2) Establishing a license fee and license renewal fee, | 35314 |
| neither of which shall, except as provided in division (B) of this | 35315 |
| section, exceed six hundred dollars. The fees shall cover the | 35316 |
| three-year period during which an existing license is valid as | 35317 |
| provided in division (B) of section 3712.04 of the Revised Code. | 35318 |
| (3) Establishing an inspection fee not to exceed, except as | 35319 |
| provided in division (B) of this section, one thousand seven | 35320 |
| hundred fifty dollars; | 35321 |
| (4) Establishing requirements for hospice care program | 35322 |
| facilities and services; | 35323 |
| (5) Providing for a waiver of the requirement for the | 35324 |
| provision of physical, occupational, or speech or language therapy | 35325 |
| contained in division (A)(2) of section 3712.01 of the Revised | 35326 |
| Code when the requirement would create a hardship because such | 35327 |
| therapy is not readily available in the geographic area served by | 35328 |
| the provider of a hospice care program; | 35329 |
| (6) Providing for the granting of licenses to provide hospice | 35330 |
| care programs to persons and public agencies that are accredited | 35331 |
| or certified to provide such programs by an entity whose standards | 35332 |
| for accreditation or certification equal or exceed those provided | 35333 |
| for licensure under this chapter and rules adopted under it; | 35334 |
| (7) Establishing interpretive guidelines for each rule. | 35335 |
| (B) Subject to the approval of the controlling board, the | 35336 |
| 35337 | |
| maximum amounts specified in this section, provided that the fees | 35338 |
| do not exceed those amounts by greater than fifty per cent. | 35339 |
| (C) The department of health shall: | 35340 |
| (1) Grant, suspend, and revoke licenses for hospice care | 35341 |
| programs in accordance with this chapter and rules adopted under | 35342 |
| it; | 35343 |
| (2) Make such inspections as are necessary to determine | 35344 |
| whether hospice care program facilities and services meet the | 35345 |
| requirements of this chapter and rules adopted under it; and | 35346 |
| (3) Implement and enforce this chapter and rules adopted | 35347 |
| under it. | 35348 |
| Sec. 3712.04. (A) Every person or public agency that | 35349 |
| proposes to provide a hospice care program shall apply to the | 35350 |
| department of health for a license. Application shall be made on | 35351 |
| forms prescribed and provided by the department, shall include | 35352 |
| such information as the department requires, and shall be | 35353 |
|
accompanied by the license fee established by rules of the | 35354 |
| director of health | 35355 |
| 3712.03 of the Revised Code. | 35356 |
| The department shall grant a license to the applicant if the | 35357 |
| applicant is in compliance with this chapter and rules adopted | 35358 |
| under it. | 35359 |
| (B) A license granted under this section shall be valid for | 35360 |
| three years. Application for renewal of a license shall be made at | 35361 |
| least ninety days before the expiration of the license in the same | 35362 |
| manner as for an initial license. The department shall renew the | 35363 |
| license if the applicant meets the requirements of this chapter | 35364 |
| and rules adopted under it. | 35365 |
| (C) Subject to Chapter 119. of the Revised Code, the | 35366 |
| department may suspend or revoke a license if the licensee made | 35367 |
| any material misrepresentation in the application for the license | 35368 |
| or no longer meets the requirements of this chapter or rules | 35369 |
| adopted under it. | 35370 |
| (D) A hospital, nursing home, home for the aged, county | 35371 |
| medical care facility, or other health facility or agency that | 35372 |
| provides a hospice care program shall be licensed to provide a | 35373 |
| hospice care program under this section. | 35374 |
| (E) A nursing home licensed under Chapter 3721. of the | 35375 |
| Revised Code that does not hold itself out to be a hospice, does | 35376 |
| not hold itself out as providing a hospice care program, does not | 35377 |
| use the term hospice to describe or refer to its activities or | 35378 |
| facilities, and that does not provide all of the services | 35379 |
| enumerated in division (A) of section 3712.01 of the Revised Code | 35380 |
| is not subject to the licensing provisions of this chapter. | 35381 |
| Sec. 3712.09. (A) As used in this section: | 35382 |
| (1) "Applicant" means a person who is under final | 35383 |
| consideration for employment with a hospice care program in a | 35384 |
| full-time, part-time, or temporary position that involves | 35385 |
| providing direct care to an older adult. "Applicant" does not | 35386 |
| include a person who provides direct care as a volunteer without | 35387 |
| receiving or expecting to receive any form of remuneration other | 35388 |
| than reimbursement for actual expenses. | 35389 |
| (2) "Criminal records check" | 35390 |
|
same | 35391 |
| (3) "Older adult" means a person age sixty or older. | 35392 |
| (B)(1) Except as provided in division (I) of this section, | 35393 |
| the chief administrator of a hospice care program shall request | 35394 |
| that the superintendent of the bureau of criminal identification | 35395 |
|
and investigation conduct a criminal records check | 35396 |
| of each applicant. If an applicant for whom a criminal records | 35397 |
| check request is required under this division does not present | 35398 |
| proof of having been a resident of this state for the five-year | 35399 |
| period immediately prior to the date the criminal records check is | 35400 |
| requested or provide evidence that within that five-year period | 35401 |
| the superintendent has requested information about the applicant | 35402 |
| from the federal bureau of investigation in a criminal records | 35403 |
| check, the chief administrator shall request that the | 35404 |
| superintendent obtain information from the federal bureau of | 35405 |
| investigation as part of the criminal records check of the | 35406 |
| applicant. Even if an applicant for whom a criminal records check | 35407 |
| request is required under this division presents proof of having | 35408 |
| been a resident of this state for the five-year period, the chief | 35409 |
| administrator may request that the superintendent include | 35410 |
| information from the federal bureau of investigation in the | 35411 |
| criminal records check. | 35412 |
| (2) A person required by division (B)(1) of this section to | 35413 |
| request a criminal records check shall do both of the following: | 35414 |
| (a) Provide to each applicant for whom a criminal records | 35415 |
| check request is required under that division a copy of the form | 35416 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 35417 |
| Revised Code and a standard fingerprint impression sheet | 35418 |
| prescribed pursuant to division (C)(2) of that section, and obtain | 35419 |
| the completed form and impression sheet from the applicant; | 35420 |
| (b) Forward the completed form and impression sheet to the | 35421 |
| superintendent of the bureau of criminal identification and | 35422 |
| investigation. | 35423 |
| (3) An applicant provided the form and fingerprint impression | 35424 |
| sheet under division (B)(2)(a) of this section who fails to | 35425 |
| complete the form or provide fingerprint impressions shall not be | 35426 |
| employed in any position for which a criminal records check is | 35427 |
| required by this section. | 35428 |
| (C)(1) Except as provided in rules adopted by the | 35429 |
| director of health | 35430 |
| section and subject to division (C)(2) of this section, no hospice | 35431 |
| care program shall employ a person in a position that involves | 35432 |
| providing direct care to an older adult if the person has been | 35433 |
| convicted of or pleaded guilty to any of the following: | 35434 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 35435 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 35436 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 35437 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 35438 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 35439 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 35440 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 35441 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 35442 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code. | 35443 |
| (b) A violation of an existing or former law of this state, | 35444 |
| any other state, or the United States that is substantially | 35445 |
| equivalent to any of the offenses listed in division (C)(1)(a) of | 35446 |
| this section. | 35447 |
| (2)(a) A hospice care program may employ conditionally an | 35448 |
| applicant for whom a criminal records check request is required | 35449 |
| under division (B) of this section prior to obtaining the results | 35450 |
| of a criminal records check regarding the individual, provided | 35451 |
| that the program shall request a criminal records check regarding | 35452 |
| the individual in accordance with division (B)(1) of this section | 35453 |
| not later than five business days after the individual begins | 35454 |
| conditional employment. In the circumstances described in division | 35455 |
| (I)(2) of this section, a hospice care program may employ | 35456 |
| conditionally an applicant who has been referred to the hospice | 35457 |
| care program by an employment service that supplies full-time, | 35458 |
| part-time, or temporary staff for positions involving the direct | 35459 |
| care of older adults and for whom, pursuant to that division, a | 35460 |
| criminal records check is not required under division (B) of this | 35461 |
| section. | 35462 |
| (b) A hospice care program that employs an individual | 35463 |
| conditionally under authority of division (C)(2)(a) of this | 35464 |
| section shall terminate the individual's employment if the results | 35465 |
| of the criminal records check requested under division (B) of this | 35466 |
| section or described in division (I)(2) of this section, other | 35467 |
| than the results of any request for information from the federal | 35468 |
| bureau of investigation, are not obtained within the period ending | 35469 |
| thirty days after the date the request is made. Regardless of when | 35470 |
| the results of the criminal records check are obtained, if the | 35471 |
| results indicate that the individual has been convicted of or | 35472 |
| pleaded guilty to any of the offenses listed or described in | 35473 |
| division (C)(1) of this section, the program shall terminate the | 35474 |
| individual's employment unless the program chooses to employ the | 35475 |
| individual pursuant to division (F) of this section. Termination | 35476 |
| of employment under this division shall be considered just cause | 35477 |
| for discharge for purposes of division (D)(2) of section 4141.29 | 35478 |
| of the Revised Code if the individual makes any attempt to deceive | 35479 |
| the program about the individual's criminal record. | 35480 |
| (D)(1) Each hospice care program shall pay to the bureau of | 35481 |
| criminal identification and investigation the fee prescribed | 35482 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 35483 |
| for each criminal records check conducted pursuant to a request | 35484 |
| made under division (B) of this section. | 35485 |
| (2) A hospice care program may charge an applicant a fee not | 35486 |
| exceeding the amount the program pays under division (D)(1) of | 35487 |
| this section. A program may collect a fee only if both of the | 35488 |
| following apply: | 35489 |
| (a) The program notifies the person at the time of initial | 35490 |
| application for employment of the amount of the fee and that, | 35491 |
| unless the fee is paid, the person will not be considered for | 35492 |
| employment; | 35493 |
| (b) The medical assistance program established under Chapter | 35494 |
| 5111. of the Revised Code does not reimburse the program the fee | 35495 |
| it pays under division (D)(1) of this section. | 35496 |
| (E) The report of a criminal records check conducted pursuant | 35497 |
| to a request made under this section is not a public record for | 35498 |
| the purposes of section 149.43 of the Revised Code and shall not | 35499 |
| be made available to any person other than the following: | 35500 |
| (1) The individual who is the subject of the criminal records | 35501 |
| check or the individual's representative; | 35502 |
| (2) The chief administrator of the program requesting the | 35503 |
| criminal records check or the administrator's representative; | 35504 |
| (3) The administrator of any other facility, agency, or | 35505 |
| program that provides direct care to older adults that is owned or | 35506 |
| operated by the same entity that owns or operates the hospice care | 35507 |
| program; | 35508 |
| (4) A court, hearing officer, or other necessary individual | 35509 |
| involved in a case dealing with a denial of employment of the | 35510 |
| applicant or dealing with employment or unemployment benefits of | 35511 |
| the applicant; | 35512 |
| (5) Any person to whom the report is provided pursuant to, | 35513 |
| and in accordance with, division (I)(1) or (2) of this section. | 35514 |
| (F) The | 35515 |
| in accordance with Chapter 119. of the Revised Code to implement | 35516 |
| this section. The rules shall specify circumstances under which a | 35517 |
| hospice care program may employ a person who has been convicted of | 35518 |
| or pleaded guilty to an offense listed or described in division | 35519 |
| (C)(1) of this section but meets personal character standards set | 35520 |
|
by the
| 35521 |
| (G) The chief administrator of a hospice care program shall | 35522 |
| inform each individual, at the time of initial application for a | 35523 |
| position that involves providing direct care to an older adult, | 35524 |
| that the individual is required to provide a set of fingerprint | 35525 |
| impressions and that a criminal records check is required to be | 35526 |
| conducted if the individual comes under final consideration for | 35527 |
| employment. | 35528 |
| (H) In a tort or other civil action for damages that is | 35529 |
| brought as the result of an injury, death, or loss to person or | 35530 |
| property caused by an individual who a hospice care program | 35531 |
| employs in a position that involves providing direct care to older | 35532 |
| adults, all of the following shall apply: | 35533 |
| (1) If the program employed the individual in good faith and | 35534 |
| reasonable reliance on the report of a criminal records check | 35535 |
| requested under this section, the program shall not be found | 35536 |
| negligent solely because of its reliance on the report, even if | 35537 |
| the information in the report is determined later to have been | 35538 |
| incomplete or inaccurate; | 35539 |
| (2) If the program employed the individual in good faith on a | 35540 |
| conditional basis pursuant to division (C)(2) of this section, the | 35541 |
| program shall not be found negligent solely because it employed | 35542 |
| the individual prior to receiving the report of a criminal records | 35543 |
| check requested under this section; | 35544 |
| (3) If the program in good faith employed the individual | 35545 |
| according to the personal character standards established in rules | 35546 |
| adopted under division (F) of this section, the program shall not | 35547 |
| be found negligent solely because the individual prior to being | 35548 |
| employed had been convicted of or pleaded guilty to an offense | 35549 |
| listed or described in division (C)(1) of this section. | 35550 |
| (I)(1) The chief administrator of a hospice care program is | 35551 |
| not required to request that the superintendent of the bureau of | 35552 |
| criminal identification and investigation conduct a criminal | 35553 |
| records check of an applicant if the applicant has been referred | 35554 |
| to the program by an employment service that supplies full-time, | 35555 |
| part-time, or temporary staff for positions involving the direct | 35556 |
| care of older adults and both of the following apply: | 35557 |
| (a) The chief administrator receives from the employment | 35558 |
| service or the applicant a report of the results of a criminal | 35559 |
| records check regarding the applicant that has been conducted by | 35560 |
| the superintendent within the one-year period immediately | 35561 |
| preceding the applicant's referral; | 35562 |
| (b) The report of the criminal records check demonstrates | 35563 |
| that the person has not been convicted of or pleaded guilty to an | 35564 |
| offense listed or described in division (C)(1) of this section, or | 35565 |
| the report demonstrates that the person has been convicted of or | 35566 |
| pleaded guilty to one or more of those offenses, but the hospice | 35567 |
| care program chooses to employ the individual pursuant to division | 35568 |
| (F) of this section. | 35569 |
| (2) The chief administrator of a hospice care program is not | 35570 |
| required to request that the superintendent of the bureau of | 35571 |
| criminal identification and investigation conduct a criminal | 35572 |
| records check of an applicant and may employ the applicant | 35573 |
| conditionally as described in this division, if the applicant has | 35574 |
| been referred to the program by an employment service that | 35575 |
| supplies full-time, part-time, or temporary staff for positions | 35576 |
| involving the direct care of older adults and if the chief | 35577 |
| administrator receives from the employment service or the | 35578 |
| applicant a letter from the employment service that is on the | 35579 |
| letterhead of the employment service, dated, and signed by a | 35580 |
| supervisor or another designated official of the employment | 35581 |
| service and that states that the employment service has requested | 35582 |
| the superintendent to conduct a criminal records check regarding | 35583 |
| the applicant, that the requested criminal records check will | 35584 |
| include a determination of whether the applicant has been | 35585 |
| convicted of or pleaded guilty to any offense listed or described | 35586 |
| in division (C)(1) of this section, that, as of the date set forth | 35587 |
| on the letter, the employment service had not received the results | 35588 |
| of the criminal records check, and that, when the employment | 35589 |
| service receives the results of the criminal records check, it | 35590 |
| promptly will send a copy of the results to the hospice care | 35591 |
| program. If a hospice care program employs an applicant | 35592 |
| conditionally in accordance with this division, the employment | 35593 |
| service, upon its receipt of the results of the criminal records | 35594 |
| check, promptly shall send a copy of the results to the hospice | 35595 |
| care program, and division (C)(2)(b) of this section applies | 35596 |
| regarding the conditional employment. | 35597 |
| Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the | 35598 |
| Revised Code: | 35599 |
| (A) "Person" has the same meaning as used in division (C) of | 35600 |
| section 1.59 of the Revised Code and also means any limited | 35601 |
| company, limited liability partnership, joint stock company, or | 35602 |
| other association. | 35603 |
| (B) "Bedding" means any upholstered furniture, any mattress, | 35604 |
| upholstered spring, comforter, bolster, pad, cushion, pillow, | 35605 |
| mattress protector, quilt, and any other upholstered article, to | 35606 |
| be used for sleeping, resting, or reclining purposes, and any | 35607 |
| glider, hammock, or other substantially similar article that is | 35608 |
| wholly or partly upholstered. | 35609 |
| (C) "Secondhand" means any article, or material, or portion | 35610 |
| thereof of which prior use has been made in any manner whatsoever. | 35611 |
| (D) "Remade, repaired, or renovated articles not for sale" | 35612 |
| means any article that is remade, repaired, or renovated for and | 35613 |
| is returned to the owner for the owner's own use. | 35614 |
| (E) "Sale," "sell," or "sold" shall, in the corresponding | 35615 |
| tense, mean sell, offer to sell, or deliver or consign in sale, or | 35616 |
| possess with intent to sell, or deliver in sale. | 35617 |
| (F) "Upholstered furniture" means any article of furniture | 35618 |
| wholly or partly stuffed or filled with material and that is used | 35619 |
| or intended for use for sitting, resting, or reclining purposes. | 35620 |
| (G) "Stuffed toy" means any article intended for use as a | 35621 |
| plaything or for an educational or recreational purpose that is | 35622 |
| wholly or partially stuffed with material. | 35623 |
| (H) "Tag" or "label" means any material prescribed by the | 35624 |
|
superintendent of | 35625 |
| article that contains information required under this chapter. | 35626 |
| Sec. 3713.02. (A) Except as provided in section 3713.05 of | 35627 |
| the Revised Code, no person shall import, manufacture, renovate, | 35628 |
| wholesale, or reupholster stuffed toys or articles of bedding in | 35629 |
| this state without first registering to do so with the | 35630 |
|
superintendent of | 35631 |
| section 3713.05 of the Revised Code. | 35632 |
| (B) No person shall manufacture, offer for sale, sell, | 35633 |
| deliver, or possess for the purpose of manufacturing, selling, or | 35634 |
| delivering, an article of bedding or a stuffed toy that is not | 35635 |
| labeled in accordance with section 3713.08 of the Revised Code. | 35636 |
| (C) No person shall manufacture, offer for sale, sell, | 35637 |
| deliver, or possess for the purpose of manufacturing, selling, or | 35638 |
| delivering, an article of bedding or a stuffed toy that is falsely | 35639 |
| labeled. | 35640 |
| (D) No person shall sell or offer for sale any secondhand | 35641 |
| article of bedding or any secondhand stuffed toy that has not been | 35642 |
| sanitized in accordance with section 3713.08 of the Revised Code. | 35643 |
| (E) The possession of any article of bedding or stuffed toy | 35644 |
| in the course of business by a person required to obtain | 35645 |
| registration under this chapter, or by that person's agent or | 35646 |
| servant shall be prima-facie evidence of the person's intent to | 35647 |
| sell the article of bedding or stuffed toy. | 35648 |
| Sec. 3713.03. The superintendent of
| 35649 |
| compliance in the department of commerce shall administer and | 35650 |
| enforce this chapter. | 35651 |
| Sec. 3713.04. (A) In accordance with Chapter 119. of the | 35652 |
|
Revised Code, the superintendent of | 35653 |
| shall: | 35654 |
| (1) Adopt rules pertaining to the definition, name, and | 35655 |
| description of materials necessary to carry out this chapter; | 35656 |
| (2) Determine the testing standards, fees, and charges to be | 35657 |
| paid for making any test or analysis required pursuant to section | 35658 |
| 3713.08 of the Revised Code. | 35659 |
| (B) In accordance with Chapter 119. of the Revised Code, the | 35660 |
| superintendent may adopt rules regarding the following: | 35661 |
| (1) Establishing an initial application fee or an annual | 35662 |
| registration renewal fee not more than fifty per cent higher than | 35663 |
| the fees set forth in section 4713.05 of the Revised Code; | 35664 |
| (2) Establishing standards, on a reciprocal basis, for the | 35665 |
| acceptance of labels and laboratory analyses from other states | 35666 |
| where the labeling requirements and laboratory analysis standards | 35667 |
| are substantially equal to the requirements of this state, | 35668 |
| provided the other state extends similar reciprocity to labels and | 35669 |
| laboratory analysis conducted under this chapter; | 35670 |
| (3) Any other rules necessary to administer and carry out | 35671 |
| this chapter. | 35672 |
| (C) The superintendent may do any of the following: | 35673 |
| (1) Issue administrative orders, conduct hearings, and take | 35674 |
| all actions necessary under the authority of Chapter 119. of the | 35675 |
| Revised Code for the administration of this chapter. The authority | 35676 |
| granted under this division shall include the authority to | 35677 |
| suspend, revoke, or deny registration under this chapter. | 35678 |
| (2) Establish and maintain facilities within the department | 35679 |
| of commerce to make tests and analysis of materials used in the | 35680 |
| manufacture of bedding and stuffed toys. The superintendent also | 35681 |
| may designate established laboratories in various sections of the | 35682 |
| state that are qualified to make these tests. If the | 35683 |
| superintendent exercises this authority, the superintendent shall | 35684 |
| adopt rules to determine the fees and charges to be paid for | 35685 |
| making the tests or analyses authorized under this section. | 35686 |
| (3) Exercise such other powers and duties as are necessary to | 35687 |
| carry out the purpose and intent of this chapter. | 35688 |
| Sec. 3713.05. (A) Applications to register to import, | 35689 |
| manufacture, renovate, wholesale, make, or reupholster stuffed | 35690 |
| toys or bedding in this state shall be made in writing on forms | 35691 |
|
provided by the superintendent of | 35692 |
| application shall be accompanied by a registration fee of fifty | 35693 |
| dollars per person unless the applicant engages only in | 35694 |
| renovation, in which case the registration fee shall be | 35695 |
| thirty-five dollars. | 35696 |
| (B) Upon receipt of the application and the appropriate fee, | 35697 |
| the superintendent shall register the applicant and assign a | 35698 |
| registration number to the registrant. | 35699 |
| (C) Notwithstanding section 3713.02 of the Revised Code and | 35700 |
| division (A) of this section, the following are exempt from | 35701 |
| registration: | 35702 |
| (1) An organization described in section 501(c)(3) of the | 35703 |
| "Internal Revenue Code of 1986," and exempt from income tax under | 35704 |
| section 501(a) of that code and that is operated exclusively to | 35705 |
| provide recreation or social services; | 35706 |
| (2) A person who is not regularly engaged in the business of | 35707 |
| manufacturing, making, wholesaling, or importing stuffed toys but | 35708 |
| who manufactures or makes stuffed toys as a leisure pursuit and | 35709 |
| who sells one hundred or fewer stuffed toys within one calendar | 35710 |
| year; | 35711 |
| (3) A person who is not regularly engaged in the business of | 35712 |
| manufacturing, making, wholesaling, or importing quilts, | 35713 |
| comforters, pillows, or cushions, but who manufactures or makes | 35714 |
| these items as a leisure pursuit and who sells five or fewer | 35715 |
| quilts, ten or fewer comforters, or twenty or fewer pillows or | 35716 |
| cushions within one calendar year. | 35717 |
| (D) Notwithstanding division (C)(2) or (3) of this section, a | 35718 |
| person exempt under that division must attach a label to each | 35719 |
| stuffed toy that contains all of the following information: | 35720 |
| (1) The person's name and address; | 35721 |
| (2) A statement that the person is not registered by the | 35722 |
| state of Ohio; | 35723 |
| (3) A statement that the contents of the product have not | 35724 |
| been inspected. | 35725 |
| Sec. 3713.06. (A) Any person required to register under | 35726 |
| division (A) of section 3713.02 of the Revised Code who imports | 35727 |
| bedding or stuffed toys into this state for retail sale or use in | 35728 |
| this state and any person required to register under division (A) | 35729 |
| of section 3713.02 of the Revised Code who manufactures bedding or | 35730 |
| stuffed toys in this state for retail sale or use in this state | 35731 |
|
shall submit a report to the superintendent of | 35732 |
| compliance, in a form and manner prescribed by the superintendent. | 35733 |
| The form shall be submitted once every six months and shall show | 35734 |
| the total number of items of bedding or stuffed toys imported into | 35735 |
| this state or manufactured in this state. Each report shall be | 35736 |
| accompanied by a fee of four cents for each item of bedding or | 35737 |
| stuffed toy imported into this state or manufactured in this | 35738 |
| state. | 35739 |
| (B) Every importer, manufacturer, or wholesaler of stuffed | 35740 |
| toys or articles of bedding, and every mobile home and | 35741 |
| recreational vehicle dealer, conversion van dealer, secondhand | 35742 |
| dealer, and auction house shall retain records, designated by the | 35743 |
| superintendent in rule, for the time period established in rule. | 35744 |
| (C) Every importer, manufacturer, or wholesaler of stuffed | 35745 |
| toys or articles of bedding, and every mobile home and | 35746 |
| recreational vehicle dealer, conversion van dealer, secondhand | 35747 |
| dealer, and auction house shall make sufficient investigation of | 35748 |
| its records to ensure that the information reported to the | 35749 |
| superintendent under division (A) of this section is accurate. | 35750 |
| Sec. 3713.07. (A) Registration obtained under this chapter | 35751 |
| expires annually on the last day of the month in the month that | 35752 |
|
the registration was obtained. The superintendent of | 35753 |
| industrial compliance shall renew the registration in accordance | 35754 |
| with Chapter 4745. of the Revised Code. | 35755 |
| (B) Failure on the part of any registrant to renew | 35756 |
| registration prior to its expiration, when notified as required in | 35757 |
| this section, shall not deprive the person of the right to renewal | 35758 |
| within the ninety days that follow expiration, but the fee to be | 35759 |
| paid for renewal after its expiration shall be one hundred dollars | 35760 |
| plus the standard registration fee for the registrant. | 35761 |
| (C) If a registrant fails to renew registration within ninety | 35762 |
| days of the date that it expired, the former registrant shall | 35763 |
| comply with the registration requirements under section 3713.05 of | 35764 |
| the Revised Code to obtain valid registration. | 35765 |
| Sec. 3713.08. (A) All persons required to register under | 35766 |
| division (A) of section 3713.02 of the Revised Code manufacturing, | 35767 |
| making, or wholesaling bedding or stuffed toys, or both, that are | 35768 |
| sold or offered for sale shall have the material content of their | 35769 |
| products tested and analyzed at an established laboratory | 35770 |
|
designated by the superintendent of | 35771 |
| before the bedding or stuffed toys are sold or offered for sale. | 35772 |
| (B) Every stuffed toy or item of bedding sold or offered for | 35773 |
| sale shall have a label affixed to it that reports the contents of | 35774 |
| the stuffed toy or bedding material in conformity with | 35775 |
| requirements established by the superintendent, a registration | 35776 |
| number, and any other identifying information as required by the | 35777 |
| superintendent. | 35778 |
| (C) The seller of any secondhand articles of bedding or | 35779 |
| stuffed toys shall sanitize all items in accordance with rules | 35780 |
| established by the superintendent prior to the sale of or the | 35781 |
| offering for sale of any secondhand articles. | 35782 |
| (D) This section does not apply to any of the following: | 35783 |
| (1) Persons who meet the qualifications of division (C)(2) or | 35784 |
| (3) of section 3713.05 of the Revised Code; | 35785 |
| (2) The sale of furniture more than fifty years old; | 35786 |
| (3) The sale of furniture from the home of the owner directly | 35787 |
| to the purchaser. | 35788 |
| Sec. 3713.09. (A) The superintendent of
| 35789 |
| compliance may appoint inspectors and periodically inspect and | 35790 |
| investigate any establishment where bedding or stuffed toys are | 35791 |
| manufactured, made, remade, renovated, repaired, sanitized, sold, | 35792 |
| or offered for sale, or where previously used material is | 35793 |
| processed for use in the manufacture of bedding or stuffed toys. | 35794 |
| (1) Each inspector shall make a written report to the | 35795 |
| superintendent of each examination and inspection complete with | 35796 |
| the inspector's findings and recommendations. Inspectors may place | 35797 |
| "off sale" any article of bedding or stuffed toy offered for sale, | 35798 |
| or found in the possession of any person with the intent to sell, | 35799 |
| in violation of section 3713.02 of the Revised Code. Inspectors | 35800 |
| shall perform other duties related to inspection and examination | 35801 |
| as prescribed by the superintendent. | 35802 |
| (2) When articles are placed "off sale" under division (A)(1) | 35803 |
| of this section, they shall be tagged, and the tag shall not be | 35804 |
| removed except by an authorized representative of the division of | 35805 |
| 35806 | |
| satisfaction of the superintendent proof of compliance with the | 35807 |
| requirements of section 3713.08 of the Revised Code. | 35808 |
| (B)(1) When an inspector has cause to believe that any | 35809 |
| bedding or stuffed toy is not tagged or labeled in accordance with | 35810 |
| section 3713.08 of the Revised Code, the inspector may open any | 35811 |
| seam of the bedding or stuffed toy in question to examine the | 35812 |
| material used or contained within it and take a reasonable amount | 35813 |
| of the material for testing and analysis and, if necessary, | 35814 |
| examine any and all purchase records in order to determine the | 35815 |
| contents or the kind of material used in the bedding or stuffed | 35816 |
| toy in question. An inspector may seize and hold evidence of any | 35817 |
| article of bedding, stuffed toy, or material manufactured, made, | 35818 |
| possessed, renovated, remade, or repaired, sold, or offered for | 35819 |
| sale contrary to this chapter. | 35820 |
| (2) Immediately after seizing articles believed to be in | 35821 |
| violation of this chapter, the inspector immediately shall report | 35822 |
| the seizure to the superintendent. The superintendent shall hold a | 35823 |
| hearing in accordance with Chapter 119. of the Revised Code or | 35824 |
| make a ruling in the matter. If the superintendent finds that the | 35825 |
| article of bedding, stuffed toy, or material is not in violation | 35826 |
| of this chapter, the superintendent shall order the item or items | 35827 |
| returned to the owner. If the superintendent finds a violation of | 35828 |
| this chapter, the superintendent may do either of the following: | 35829 |
| (a) Return the articles to the owner for proper treatment, | 35830 |
| tagging or labeling, or other action as ordered by the | 35831 |
| superintendent, subject to the requirement that the articles be | 35832 |
| reinspected at cost to the owner, prior to being sold or offered | 35833 |
| for sale; | 35834 |
| (b) Report the violation to the appropriate prosecuting | 35835 |
| attorney or city law director. | 35836 |
| (C) The superintendent, at reasonable times and upon | 35837 |
| reasonable notice, may examine or cause to be examined the records | 35838 |
| of any importer, manufacturer, or wholesaler of stuffed toys or | 35839 |
| articles of bedding, mobile home and recreational vehicle dealer, | 35840 |
| conversion van dealer, secondhand dealer, or auction house to | 35841 |
| determine compliance with this chapter. The superintendent may | 35842 |
| enter into contracts, pursuant to procedures prescribed by the | 35843 |
| superintendent, with persons to examine these records to determine | 35844 |
| compliance with this chapter. These persons may collect and remit | 35845 |
| to the superintendent any amounts due under this chapter. | 35846 |
| (D) Records audited pursuant to division (C) of this section | 35847 |
| are confidential and shall not be disclosed except as required by | 35848 |
| section 149.43 of the Revised Code, or as the superintendent finds | 35849 |
| necessary for the proper administration of this chapter. | 35850 |
| (E) In the case of any investigation or examination, or both, | 35851 |
| that requires investigation or examination outside of this state | 35852 |
| of any importer, manufacturer, or wholesaler of stuffed toys or | 35853 |
| articles of bedding, or of any mobile home or recreational vehicle | 35854 |
| dealer, conversion van dealer, secondhand dealer, or auction | 35855 |
| house, the superintendent may require the investigated or examined | 35856 |
| person to pay the actual expense of the investigation or | 35857 |
| examination. The superintendent shall provide an itemized | 35858 |
| statement of actual expenses to the investigated or examined | 35859 |
| person. | 35860 |
| (F) Whenever the superintendent has reason to believe, from | 35861 |
| the superintendent's own information, upon complaint, or | 35862 |
| otherwise, that any person has engaged in, is engaging in, or is | 35863 |
| about to engage in any practice prohibited by this chapter, or | 35864 |
| when the superintendent has reason to believe that it is necessary | 35865 |
| for public health and safety, the superintendent may do any of the | 35866 |
| following: | 35867 |
| (1) Investigate violations of this chapter, and for that | 35868 |
| purpose, may subpoena witnesses in connection with the | 35869 |
| investigation. The superintendent may make application to the | 35870 |
| appropriate court of common pleas for an order enjoining the | 35871 |
| violation of this chapter, and upon a showing by the | 35872 |
| superintendent that any registrant or person acting in a manner | 35873 |
| that requires registration has violated or is about to violate | 35874 |
| this chapter, an injunction, restraining order, or other order as | 35875 |
| may be appropriate shall be granted by the court. | 35876 |
| (2) Compel by subpoena the attendance of witnesses to testify | 35877 |
| in relation to any matter over which the superintendent has | 35878 |
| jurisdiction and that is the subject of inquiry and investigation | 35879 |
| by the superintendent, and require the production of any book, | 35880 |
| paper, or document pertaining to the matter. In case any person | 35881 |
| fails to file any statement or report, obey any subpoena, give | 35882 |
| testimony, or produce any books, records, or papers as required by | 35883 |
| a subpoena, the court of common pleas of any county in the state, | 35884 |
| upon application made to it by the superintendent, shall compel | 35885 |
| obedience by attachment proceedings for contempt. | 35886 |
| (3) Suspend or revoke the registration of any importer, | 35887 |
| manufacturer, or wholesaler of stuffed toys or articles of | 35888 |
| bedding, mobile home or recreational vehicle dealer, conversion | 35889 |
| van dealer, secondhand dealer, or auction house; | 35890 |
| (4) Submit evidence of the violation or violations to any | 35891 |
| city prosecutor, city director of law, or prosecuting attorney | 35892 |
| with authority to prosecute. If the city prosecutor, city director | 35893 |
| of law, or prosecuting attorney with authority to prosecute fails | 35894 |
| to prosecute, the superintendent shall submit the evidence to the | 35895 |
| attorney general who may proceed with the prosecution. | 35896 |
| Sec. 3713.10. All money collected under this chapter shall | 35897 |
|
be deposited into the state treasury to the credit of the | 35898 |
| industrial compliance operating fund created under section 121.084 | 35899 |
| of the Revised Code. | 35900 |
| Sec. 3714.073. (A) In addition to the fee levied under | 35901 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 35902 |
| July 1, 2005, there is hereby levied on the disposal of | 35903 |
| construction and demolition debris at a construction and | 35904 |
| demolition debris facility that is licensed under this chapter or | 35905 |
| at a solid waste facility that is licensed under Chapter 3734. of | 35906 |
| the Revised Code the following fees: | 35907 |
| (1) A fee of twelve and one-half cents per cubic yard or | 35908 |
| twenty-five cents per ton, as applicable, the proceeds of which | 35909 |
| shall be deposited in the state treasury to the credit of the soil | 35910 |
| and water conservation district assistance fund created in section | 35911 |
| 1515.14 of the Revised Code; | 35912 |
| (2) A fee of thirty-seven and one-half cents per cubic yard | 35913 |
| or seventy-five cents per ton, as applicable, the proceeds of | 35914 |
| which shall be deposited in the state treasury to the credit of | 35915 |
| the recycling and litter prevention fund created in section | 35916 |
| 35917 |
| (B) The owner or operator of a construction and demolition | 35918 |
| debris facility or a solid waste facility, as a trustee of the | 35919 |
| state, shall collect the fees levied under this section and remit | 35920 |
| the money from the fees in the manner that is established in | 35921 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 35922 |
| for the fee that is levied under division (A)(1) of that section | 35923 |
| and may enter into an agreement for the quarterly payment of the | 35924 |
| fees in the manner established in division (B) of that section for | 35925 |
| the quarterly payment of the fee that is levied under division | 35926 |
| (A)(1) of that section. | 35927 |
| (C) The money that is collected from a construction and | 35928 |
| demolition debris facility or a solid waste facility and remitted | 35929 |
| to a board of health or the director of environmental protection, | 35930 |
| as applicable, pursuant to this section shall be transmitted by | 35931 |
| the board or director to the treasurer of state not later than | 35932 |
| forty-five days after the receipt of the money to be credited to | 35933 |
| the soil and water conservation district assistance fund or the | 35934 |
| recycling and litter prevention fund, as applicable. | 35935 |
| (D) This section does not apply to the disposal of | 35936 |
| construction and demolition debris at a solid waste facility that | 35937 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 35938 |
| or operator of the facility chooses to collect fees on the | 35939 |
| disposal of the construction and demolition debris that are | 35940 |
| identical to the fees that are collected under Chapters 343. and | 35941 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 35942 |
| facility. | 35943 |
| (E) This section does not apply to the disposal of source | 35944 |
| separated materials that are exclusively composed of reinforced or | 35945 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 35946 |
| brick, or building or paving stone at a construction and | 35947 |
| demolition debris facility that is licensed under this chapter | 35948 |
| when either of the following applies: | 35949 |
| (1) The materials are placed within the limits of | 35950 |
| construction and demolition debris placement at the facility as | 35951 |
| specified in the license issued to the facility under section | 35952 |
| 3714.06 of the Revised Code, are not placed within the unloading | 35953 |
| zone of the facility, and are used as a fire prevention measure in | 35954 |
| accordance with rules adopted by the director under section | 35955 |
| 3714.02 of the Revised Code. | 35956 |
| (2) The materials are not placed within the unloading zone of | 35957 |
| the facility or within the limits of construction and demolition | 35958 |
| debris placement at the facility as specified in the license | 35959 |
| issued to the facility under section 3714.06 of the Revised Code, | 35960 |
| but are used as fill material, either alone or in conjunction with | 35961 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 35962 |
| fill operations for construction purposes at the facility or to | 35963 |
| bring the facility up to a consistent grade. | 35964 |
| Sec. 3715.01. (A) As used in this chapter: | 35965 |
| (1)
| 35966 |
| 35967 |
| | 35968 |
| or association. | 35969 |
| | 35970 |
| (a) Articles used for food or drink for humans or animals; | 35971 |
| (b) Chewing gum; | 35972 |
| (c) Articles used for components of any such articles. | 35973 |
| | 35974 |
| (a) Articles recognized in the United States pharmacopoeia | 35975 |
| and national formulary, or any supplement to them; | 35976 |
| (b) Articles intended for use in the diagnosis, cure, | 35977 |
| mitigation, treatment, or prevention of disease in humans or | 35978 |
| animals; | 35979 |
| (c) Articles, other than food, intended to affect the | 35980 |
| structure or any function of the body of humans or other animals; | 35981 |
| (d) Articles intended for use as a component of any of the | 35982 |
| foregoing articles, other than devices or their components, parts, | 35983 |
| or accessories. | 35984 |
| | 35985 |
| section and in division (A)(10) of section 3715.52, division (F) | 35986 |
| of section 3715.60, division (A)(5) of section 3715.64, and | 35987 |
| division (C) of section 3715.67 of the Revised Code, means any | 35988 |
| instrument, apparatus, implement, machine, contrivance, implant, | 35989 |
| in vitro reagent, or other similar or related article, including | 35990 |
| any component, part, or accessory, that is any of the following: | 35991 |
| (a) Recognized in the United States pharmacopoeia and | 35992 |
| national formulary, or any supplement to them; | 35993 |
| (b) Intended for use in the diagnosis of disease or other | 35994 |
| conditions, or in the cure, mitigation, treatment, or prevention | 35995 |
| of disease in humans or animals; | 35996 |
| (c) Intended to affect the structure or any function of the | 35997 |
| body of humans or animals, and that does not achieve any of its | 35998 |
| principal intended purposes through chemical action within or on | 35999 |
| the body of humans or animals and is not dependent upon being | 36000 |
| metabolized for the achievement of any of its principal intended | 36001 |
| purposes. | 36002 |
| | 36003 |
| (a) Articles intended to be rubbed, poured, sprinkled, or | 36004 |
| sprayed on, introduced into, or otherwise applied to the human | 36005 |
| body or any part thereof for cleansing, beautifying, promoting | 36006 |
| attractiveness, or altering the appearance; | 36007 |
| (b) Articles intended for use as a component of any such | 36008 |
| article, except that "cosmetic" does not include soap. | 36009 |
| | 36010 |
| graphic matter upon the immediate container, exclusive of package | 36011 |
| liners, of any article. | 36012 |
| Any word, statement, or other information required by this | 36013 |
| chapter to appear on the label must appear on the outside | 36014 |
| container or wrapper, if any, of the retail package of the | 36015 |
| article, or the label must be easily legible through the outside | 36016 |
| container or wrapper. | 36017 |
| | 36018 |
| printed, or graphic matter: | 36019 |
| (a) Upon an article or any of its containers or wrappers; | 36020 |
| (b) Accompanying such article. | 36021 |
| | 36022 |
| in any manner or by any means, other than by labeling, for the | 36023 |
| purpose of inducing, or that are likely to induce, directly or | 36024 |
| indirectly, the purchase of food, drugs, devices, or cosmetics. | 36025 |
| | 36026 |
| (a) Any drug the composition of which is such that the drug | 36027 |
| is not generally recognized among experts qualified by scientific | 36028 |
| training and experience to evaluate the safety of drugs, as safe | 36029 |
| for use under the conditions prescribed, recommended, or suggested | 36030 |
| in the labeling thereof; | 36031 |
| (b) Any drug the composition of which is such that the drug, | 36032 |
| as a result of investigation to determine its safety for use under | 36033 |
| such conditions, has become so recognized, but that has not, other | 36034 |
| than in an investigation, been used to a material extent or for a | 36035 |
| material time under such conditions. | 36036 |
| | 36037 |
| device, or cosmetic that has not been protected as far as may be | 36038 |
| necessary by all reasonable means from dust, dirt, and all foreign | 36039 |
| or injurious substances. | 36040 |
| | 36041 |
| plants that has been gathered, modified, and stored in a honeycomb | 36042 |
| by honeybees. | 36043 |
| | 36044 |
| is, or is intended to be, dispensed or administered to humans or | 36045 |
| animals and requires no further manufacturing or processing other | 36046 |
| than packaging, reconstituting, or labeling. | 36047 |
| | 36048 |
| harvesting, processing, making, preparing, or otherwise engaging | 36049 |
| in any part of the production of a drug by propagating, | 36050 |
| compounding, converting, or processing, either directly or | 36051 |
| indirectly by extracting from substances of natural origin, or | 36052 |
| independently by means of chemical synthesis, or by a combination | 36053 |
| of extraction and chemical synthesis, and includes the following: | 36054 |
| (i) Any packaging or repackaging of the drug or labeling or | 36055 |
| relabeling of its container, the promotion and marketing of the | 36056 |
| drug, and other activities incident to production; | 36057 |
| (ii) The preparation and promotion of commercially available | 36058 |
| products from bulk compounds for resale by pharmacies, licensed | 36059 |
| health professionals authorized to prescribe drugs, or other | 36060 |
| persons. | 36061 |
| (b) "Manufacture" does not include the preparation, | 36062 |
| compounding, packaging, or labeling of a drug by a pharmacist as | 36063 |
| an incident to either of the following: | 36064 |
| (i) Dispensing a drug in the usual course of professional | 36065 |
| practice; | 36066 |
| (ii) Providing a licensed health professional authorized to | 36067 |
| prescribe drugs with a drug for the purpose of administering to | 36068 |
| patients or for using the drug in treating patients in the | 36069 |
| professional's office. | 36070 |
| | 36071 |
| 4729.01 of the Revised Code. | 36072 |
| | 36073 |
| contains identical amounts of the identical active ingredients, | 36074 |
| but not necessarily containing the same inactive ingredients, that | 36075 |
| meets the identical compendial or other applicable standard of | 36076 |
| identity, strength, quality, and purity, including potency, and | 36077 |
| where applicable, content uniformity, disintegration times, or | 36078 |
| dissolution rates, as the prescribed brand name drug and the | 36079 |
| manufacturer or distributor holds, if applicable, either an | 36080 |
| approved new drug application or an approved abbreviated new drug | 36081 |
| application unless other approval by law or from the federal food | 36082 |
| and drug administration is required. | 36083 |
| No drug shall be considered a generically equivalent drug for | 36084 |
| the purposes of this chapter if it has been listed by the federal | 36085 |
| food and drug administration as having proven bioequivalence | 36086 |
| problems. | 36087 |
| | 36088 |
| prescribe drugs" and "prescriber" have the same meanings as in | 36089 |
| section 4729.01 of the Revised Code. | 36090 |
| | 36091 |
| residence's owner, on the condition that the residence contains | 36092 |
| only one stove or oven used for cooking, which may be a double | 36093 |
| oven, designed for common residence usage and not for commercial | 36094 |
| usage, and that the stove or oven be operated in an ordinary | 36095 |
| kitchen within the residence. | 36096 |
| | 36097 |
| natural or synthetic, to which any of the following apply: | 36098 |
| (a) It has a pH level greater than 4.6 when measured at | 36099 |
| seventy-five degrees fahrenheit or twenty-four degrees celsius. | 36100 |
| (b) It has a water activity value greater than 0.85. | 36101 |
| (c) It requires temperature control because it is in a form | 36102 |
| capable of supporting the rapid and progressive growth of | 36103 |
| infectious or toxigenic microorganisms, the growth and toxin | 36104 |
| production of clostridium botulinium, or in the case of raw shell | 36105 |
| eggs, the growth of salmonella enteritidis. | 36106 |
| | 36107 |
| who, in the person's home, produces food items that are not | 36108 |
| potentially hazardous foods, including bakery products, jams, | 36109 |
| jellies, candy, fruit butter, and similar products specified in | 36110 |
| rules adopted pursuant to section 3715.025 of the Revised Code. | 36111 |
| (B) For the purposes of sections 3715.52 to 3715.72 of the | 36112 |
| Revised Code: | 36113 |
| (1) If an article is alleged to be misbranded because the | 36114 |
| labeling is misleading, or if an advertisement is alleged to be | 36115 |
| false because it is misleading, then in determining whether the | 36116 |
| labeling or advertisement is misleading, there shall be taken into | 36117 |
| account, among other things, not only representations made or | 36118 |
| suggested by statement, word, design, device, sound, or in any | 36119 |
| combination thereof, but also the extent to which the labeling or | 36120 |
| advertisement fails to reveal facts material in the light of such | 36121 |
| representations or material with respect to consequence which may | 36122 |
| result from the use of the article to which the labeling or | 36123 |
| advertisement relates under the conditions of use prescribed in | 36124 |
| the labeling or advertisement thereof or under such conditions of | 36125 |
| use as are customary or usual. | 36126 |
| (2) The provisions regarding the selling of food, drugs, | 36127 |
| devices, or cosmetics include the manufacture, production, | 36128 |
| processing, packing, exposure, offer, possession, and holding of | 36129 |
| any such article for sale; and the sale, dispensing, and giving of | 36130 |
| any such article, and the supplying or applying of any such | 36131 |
| articles in the conduct of any food, drug, or cosmetic | 36132 |
| establishment. The provisions do not prohibit a licensed health | 36133 |
| professional authorized to prescribe drugs from administering or | 36134 |
| personally furnishing a drug or device to a patient. | 36135 |
| (3) The representation of a drug, in its labeling or | 36136 |
| advertisement, as an antiseptic is a representation that it is a | 36137 |
| germicide, except in the case of a drug purporting to be, or | 36138 |
| represented as, an antiseptic for inhibitory use as a wet | 36139 |
| dressing, ointment, dusting powder, or other use that involves | 36140 |
| prolonged contact with the body. | 36141 |
| (4) Whenever jurisdiction is vested in the director of | 36142 |
| agriculture or the state board of pharmacy, the jurisdiction of | 36143 |
| the board shall be limited to the sale, offering for sale, giving | 36144 |
| away, delivery, or dispensing in any manner of drugs at the | 36145 |
| wholesale and retail levels or to the consumer and shall be | 36146 |
| exclusive in the case of such sale, offering for sale, giving | 36147 |
| away, delivery, or dispensing in any manner of drugs at the | 36148 |
| wholesale and retail levels or to the consumer in any place where | 36149 |
| prescriptions are dispensed or compounded. | 36150 |
| (5) To assist in effectuating the provisions of those | 36151 |
| sections, the director of agriculture or state board of pharmacy | 36152 |
| may request assistance or data from any government or private | 36153 |
| agency or individual. | 36154 |
| Sec. 3715.025. (A) A cottage food production operation shall | 36155 |
| not process acidified foods, low acid canned foods, or potentially | 36156 |
| hazardous foods. | 36157 |
| (B) The director of agriculture shall adopt rules in | 36158 |
| accordance with Chapter 119. of the Revised Code specifying the | 36159 |
| food items a cottage food production operation may produce that | 36160 |
| are in addition to the food items identified by name in division | 36161 |
|
(A) | 36162 |
| shall not adopt rules that permit a cottage food production | 36163 |
| operation to produce any food that is a potentially hazardous | 36164 |
| food. | 36165 |
| Sec. 3715.60. Food is misbranded within the meaning of | 36166 |
| sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the | 36167 |
| Revised Code, if: | 36168 |
| (A) Its labeling is false or misleading in any particular. | 36169 |
| (B) It is offered for sale under the name of another food. | 36170 |
| (C) Its container is so made, formed, or filled as to be | 36171 |
| misleading. | 36172 |
| (D) It is an imitation of another food, unless its label | 36173 |
| bears in type of uniform size and prominence, the word | 36174 |
| "imitation," and immediately thereafter the name of the food | 36175 |
| imitated. | 36176 |
| (E) When it is in package form, it does not bear a label | 36177 |
| containing: | 36178 |
| (1) The name and place of business of the manufacturer, | 36179 |
| packer, or distributor; | 36180 |
| (2) An accurate statement of the quantity of the contents in | 36181 |
| terms of weight, measure, or numerical count; provided, that | 36182 |
| reasonable variations shall be permitted, and exemptions as to | 36183 |
| small packages shall be established by rules adopted by the | 36184 |
| director of agriculture; | 36185 |
| (3) In the case of food subject to section 3715.023 of the | 36186 |
| Revised Code, the information specified in that section. | 36187 |
| (F) Any word, statement, or other information required by or | 36188 |
| under authority of sections 3715.01, 3715.02, and 3715.52 to | 36189 |
| 3715.72 of the Revised Code, to appear on the label or labeling is | 36190 |
| not prominently placed thereon with such conspicuousness as | 36191 |
| compared with other words, statements, designs, or devices, in the | 36192 |
| labeling, and in such terms as to render it likely to be read and | 36193 |
| understood by the ordinary individual under customary conditions | 36194 |
| of purchase and use. | 36195 |
| (G) It purports to be, or is represented as, a food for which | 36196 |
| a definition and standard of identity have been prescribed by | 36197 |
| statute, or by any rule adopted under an existing statute, or by | 36198 |
| rule as provided by section 3715.02 of the Revised Code, unless: | 36199 |
| (1) It conforms to such definition and standard. | 36200 |
| (2) Its label bears the name of the food specified in the | 36201 |
| definition and standard, and, insofar as may be required by such | 36202 |
| statute or rules, the common names of optional ingredients, other | 36203 |
| than spices, flavoring, and coloring, present in such food. | 36204 |
| (H) It purports to be or is represented as: | 36205 |
| (1) A food for which a standard of quality has been | 36206 |
| prescribed by rule as provided by section 3715.02 of the Revised | 36207 |
| Code and its quality falls below the standard unless its label | 36208 |
| bears, in the manner and form that the rules specify, a statement | 36209 |
| that it falls below the standard; | 36210 |
| (2) A food for which a standard or standards of fill of | 36211 |
| container have been prescribed by rule as provided by section | 36212 |
| 3715.02 of the Revised Code, and it falls below the standard of | 36213 |
| fill of container applicable thereto, unless its label bears, in | 36214 |
| the manner and form that the rules specify, a statement that it | 36215 |
| falls below the standard. | 36216 |
| (I) It is not subject to the provisions of division (G) of | 36217 |
| this section, unless it bears labeling clearly giving: | 36218 |
| (1) The common or usual name of the food, if any; | 36219 |
| (2) In case it is fabricated from two or more ingredients, | 36220 |
| the common or usual name of each ingredient; except that spices, | 36221 |
| flavorings, and colorings, other than those sold as such, may be | 36222 |
| designated as spices, flavorings, and colorings, without naming | 36223 |
| each; provided, that, to the extent that compliance with the | 36224 |
| requirements of division (I)(2) of this section is impractical or | 36225 |
| results in deception or unfair competition, exemptions shall be | 36226 |
| established by rules adopted by the director; and provided that | 36227 |
| these requirements shall not apply to any carbonated beverage of | 36228 |
| which a full and correct statement of the ingredients, to the | 36229 |
| extent prescribed by division (I)(2) of this section, has been | 36230 |
| filed under oath with the director. | 36231 |
| (J) It purports to be or is represented to be for special | 36232 |
| dietary uses, unless its label bears such information concerning | 36233 |
| its vitamin, mineral, and other dietary properties as is provided | 36234 |
|
by rules | 36235 |
| 36236 | |
| purchasers as to its value for such uses. | 36237 |
| (K) It bears or contains any artificial flavoring, artificial | 36238 |
| coloring, or chemical preservative, unless it bears labeling | 36239 |
| stating that fact; provided, that to the extent that compliance | 36240 |
| with the requirements of this division is impracticable, | 36241 |
|
exemptions shall be established by rules | 36242 |
|
director | 36243 |
| Sec. 3715.61. (A) Whenever the director of agriculture finds | 36244 |
| after investigation that the distribution in this state of any | 36245 |
| class of food may, by reason of contamination with microorganisms | 36246 |
| during manufacture, processing, or packing thereof in any | 36247 |
| locality, be injurious to health, and that such injurious nature | 36248 |
| cannot be adequately determined after such articles have entered | 36249 |
|
commerce, and in such case only, | 36250 |
| 36251 | |
| providing for the issuance, to manufacturers, processor, or | 36252 |
| packers of such class of food in such locality, of permits to | 36253 |
| which shall be attached such conditions governing the manufacture, | 36254 |
| processing, or packing of such class food, for such temporary | 36255 |
| period of time, as may be necessary to protect the public health; | 36256 |
| and after the effective date of such regulations, and during such | 36257 |
| temporary period, no person shall introduce or deliver for | 36258 |
| introduction into commerce any such food manufactured, processed, | 36259 |
| or packed by any such manufacturer, processor, or packer unless | 36260 |
| such manufacturer, processor, or packer holds a permit issued by | 36261 |
|
the director as provided by such
| 36262 |
| (B) The director is authorized to suspend immediately upon | 36263 |
| notice any permit issued under authority of this section if it is | 36264 |
| found that any of the conditions of the permit have been violated. | 36265 |
| The holder of a permit so suspended shall be privileged at any | 36266 |
| time to apply for the reinstatement of such permit, and the | 36267 |
| director shall, immediately after prompt hearing and on inspection | 36268 |
| of the establishment, reinstate such permit if it is found that | 36269 |
| adequate measures have been taken to comply with and maintain the | 36270 |
| conditions of the permit, as originally issued, or as amended. | 36271 |
| (C) The director shall have access to any factory or | 36272 |
| establishment, the operator of which holds a permit from the | 36273 |
| director for the purpose of ascertaining whether or not the | 36274 |
| conditions of the permit are being complied with, and denial of | 36275 |
| access for such inspection shall be ground for suspension of the | 36276 |
| permit until such access is freely given by the operator. | 36277 |
| Sec. 3715.62. Any poisonous or deleterious substance added | 36278 |
| to any food, except where such substance is required in the | 36279 |
| production thereof or cannot be avoided by good manufacturing | 36280 |
| practice, shall be unsafe for purposes of the application of | 36281 |
| division (B) of section 3715.59 of the Revised Code, but when such | 36282 |
| substance is so required or cannot be so avoided, the director of | 36283 |
|
agriculture shall | 36284 |
| 36285 | |
| thereon to such extent as the director finds necessary for the | 36286 |
| protection of public health, and any quantity exceeding the limits | 36287 |
| so fixed shall also be deemed to be unsafe for purposes of the | 36288 |
| application of division (B) of section 3715.59 of the Revised | 36289 |
| Code. While such a regulation is in effect limiting the quantity | 36290 |
| of any such substance in the case of any food, such food shall | 36291 |
| not, by reason of bearing or containing any added amount of such | 36292 |
| substance, be considered to be adulterated within the meaning of | 36293 |
| division (A) of section 3715.59 of the Revised Code. In | 36294 |
| determining the quantity of such added substance to be tolerated | 36295 |
| in or on different articles of food, the director shall take into | 36296 |
| account the extent to which the use of such substance is required | 36297 |
| or cannot be avoided in the production of each such article and | 36298 |
| the other ways in which the consumer may be affected by the same | 36299 |
| or other poisonous or deleterious substances. | 36300 |
| Sec. 3715.68. (A) An advertisement of food, drug, device, or | 36301 |
| cosmetic is false if it is false or misleading in any particular. | 36302 |
| (B) For the purpose of sections 3715.01 and 3715.52 to | 36303 |
| 3715.72 of the Revised Code, the advertisement of a drug or device | 36304 |
| representing it to have any effect in albuminuria, appendicitis, | 36305 |
| arteriosclerosis, blood poison, bone disease, Bright's disease, | 36306 |
| cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, | 36307 |
| erysipelas, gallstones, heart and vascular diseases, high blood | 36308 |
| pressure, mastoiditis, measles, meningitis, mumps, nephritis, | 36309 |
| otitis media, paralysis, pneumonia, poliomyelitis (infantile | 36310 |
| paralysis), prostate gland disorders, pyelitis, scarlet fever, | 36311 |
| sexual impotence, sinus infection, tuberculosis, tumors, typhoid, | 36312 |
| uremia, venereal disease, is also false, except that no | 36313 |
| advertisement not in violation of division (A) of this section is | 36314 |
| false under this division if it is disseminated only to members of | 36315 |
| the medical, dental, pharmaceutical, or veterinary profession, or | 36316 |
| appears only in the scientific periodicals of these professions; | 36317 |
| provided, that whenever the director of agriculture determines | 36318 |
| that an advance in medical science has made any type of | 36319 |
| self-medication safe as to any of the diseases named above, the | 36320 |
|
director shall | 36321 |
| 36322 | |
| having curative or therapeutic effect for such disease, subject to | 36323 |
| such conditions and restrictions as the director may deem | 36324 |
| necessary in the interests of public health; provided, that this | 36325 |
| division shall not be construed as indicating that self-medication | 36326 |
| for diseases other than those named in this section is safe or | 36327 |
| efficacious. | 36328 |
| Sec. 3716.01. As used in sections 3716.01 to 3716.07, | 36329 |
| inclusive, of the Revised Code: | 36330 |
| (A) "Department" means the department of health. | 36331 |
| (B) "Director" means the director of health. | 36332 |
| (C) "Person" includes an individual, partnership, | 36333 |
| corporation, or association. | 36334 |
| (D) "Hazardous substance" means any substance or mixture of | 36335 |
| substances which is toxic, corrosive, an irritant, strong | 36336 |
| sensitizer, flammable, or which generates pressure through | 36337 |
| decomposition, heat, or other means, if such substance or mixture | 36338 |
| of substances may cause substantial personal injury or illness | 36339 |
| during any customary or reasonably anticipated handling or use. | 36340 |
| (E) "Toxic" applies to any substance which has the inherent | 36341 |
| capacity to produce bodily injury to man through ingestion, | 36342 |
| inhalation, or absorption through any body surface. | 36343 |
| (F)(1) "Highly toxic" means any substance which falls within | 36344 |
| any of the following categories: | 36345 |
| (a) Produces death within fourteen days in half or more than | 36346 |
| half of a group of ten or more laboratory white rats each weighing | 36347 |
| between two hundred and three hundred grams, at a single dose of | 36348 |
| fifty milligrams or less per kilogram of body weight, when orally | 36349 |
| administered; | 36350 |
| (b) Produces death within fourteen days in half or more than | 36351 |
| half of a group of ten or more laboratory white rats each weighing | 36352 |
| between two hundred and three hundred grams, when inhaled | 36353 |
| continuously for a period of one hour or less at an atmospheric | 36354 |
| concentration of two hundred parts per million by volume or less | 36355 |
| of gas, vapor, mist, or dust provided such concentration is likely | 36356 |
|
to be encountered by | 36357 |
| in any reasonably foreseeable manner; | 36358 |
| (c) Produces death within fourteen days in half or more than | 36359 |
| half of a group of ten or more rabbits tested in a dosage of two | 36360 |
| hundred milligrams or less per kilogram of body weight, when | 36361 |
| administered by continuous contact with the bare skin for | 36362 |
| twenty-four hours or less. | 36363 |
| (2) If the director finds that available data on human | 36364 |
| experience with any substance indicates results different from | 36365 |
| those obtained on animals in the above named dosages or | 36366 |
| concentrations, the human data shall take precedence. | 36367 |
| (G) "Corrosive" means any substance which in contact with | 36368 |
| living tissue will cause destruction of tissue by chemical action; | 36369 |
| but shall not refer to action on inanimate surfaces. | 36370 |
| (H) "Irritant" means any substance not corrosive within the | 36371 |
| meaning of division (G) of this section which on immediate, | 36372 |
| prolonged, or repeated contact with normal living tissue will | 36373 |
| induce a local inflammatory reaction. | 36374 |
| (I) "Strong sensitizer" means any substance which will cause | 36375 |
| on normal living tissue, through an allergic or photodynamic | 36376 |
| process, a hypersensitivity which becomes evident on reapplication | 36377 |
| of the same substance and which is designated as such by the | 36378 |
| director. Before designating any substance as a strong sensitizer, | 36379 |
| the director shall, after public hearing following due notice, | 36380 |
| find that the frequency of occurrence and severity of the reaction | 36381 |
| indicate a significant potential for causing hypersensitivity. | 36382 |
| (J) "Extremely flammable" applies to any substance which has | 36383 |
| a flash point at or below twenty degrees Fahrenheit as determined | 36384 |
| by the tagliabue open cut tester. | 36385 |
| (K) "Flammable" applies to any substance which has a flash | 36386 |
| point of above twenty degrees to and including eighty degrees | 36387 |
| Fahrenheit, as determined by the tagliabue open cut tester; except | 36388 |
| that the flammability of the contents of self-pressurized | 36389 |
| containers shall be determined by methods generally applicable to | 36390 |
|
such containers and established by regulation of the | 36391 |
| 36392 |
| (L) "Label" means a display of written, printed, or graphic | 36393 |
| matter upon or attached to the immediate package or container of | 36394 |
| any substance. Any word, statement, or other information required | 36395 |
| by sections 3716.01 to 3716.07, inclusive, of the Revised Code, to | 36396 |
| appear on the label must also appear (1) on the outside container | 36397 |
| or wrapper, if any, unless it is easily legible through the | 36398 |
| outside container or wrapper, and (2) on all accompanying | 36399 |
| literature where there are directions for use, written or | 36400 |
| otherwise. | 36401 |
| (M) "Immediate container" does not include package liners. | 36402 |
| (N) "Misbranded package" means any container of a hazardous | 36403 |
| substance intended or suitable for household use which fails to | 36404 |
| bear a label: | 36405 |
| (1) Which states conspicuously: | 36406 |
| (a) The name and place of business of the manufacturer, | 36407 |
| packer, or distributor; | 36408 |
| (b) The common or usual name, or the chemical name or the | 36409 |
| recognized generic name (not trade name only) of the hazardous | 36410 |
| substance or of each component which contributes substantially to | 36411 |
| its hazard; | 36412 |
| (c) The signal word "DANGER" on substances which are | 36413 |
| extremely flammable, corrosive, or which: | 36414 |
| (i) Produce death within fourteen days in half or more than | 36415 |
| half of a group of ten or more laboratory white rats each weighing | 36416 |
| between two hundred and three hundred grams, at a single dose of | 36417 |
| one gram or less per kilogram of body weight, when orally | 36418 |
| administered; | 36419 |
| (ii) Produce death within fourteen days in half or more than | 36420 |
| half of a group of ten or more laboratory white rats each weighing | 36421 |
| between two hundred and three hundred grams, when inhaled | 36422 |
| continuously for a period of one hour or less at an atmospheric | 36423 |
| concentration of two thousand parts per million by volume of gas, | 36424 |
| vapor, mist, or dust, provided such concentration is likely to be | 36425 |
|
encountered by | 36426 |
| any reasonably foreseeable manner; | 36427 |
| (iii) Produce death within fourteen days in half or more than | 36428 |
| half of a group of ten or more rabbits tested in a dosage of one | 36429 |
| gram or less per kilogram of body weight, when administered by | 36430 |
| continuous contact with the bare skin for twenty-four hours or | 36431 |
| less; | 36432 |
| (iv) If the director finds that available data on human | 36433 |
| experience with any substance indicates results different from | 36434 |
| those obtained on animals in the above named dosages or | 36435 |
|
concentrations, | 36436 |
| word "DANGER" on such substance or permit use of the signal word | 36437 |
| "WARNING" or "CAUTION" on such substance. | 36438 |
| (d) The signal word "WARNING" or "CAUTION" on all other | 36439 |
| hazardous substances; | 36440 |
| (e) An affirmative statement of the principal hazard or | 36441 |
| hazards, such as "Flammable," "Vapor Harmful," "Causes Burns," | 36442 |
| "Absorbed Through Skin," or similar wording descriptive of the | 36443 |
| hazard; | 36444 |
| (f) Precautionary measures describing the action to be | 36445 |
| followed or avoided; | 36446 |
| (g) Instructions, when necessary, for the first-aid treatment | 36447 |
| in case of contact or exposure, if the substance is hazardous | 36448 |
| through contact or exposure; | 36449 |
| (h) The word "poison" for any hazardous substance which is | 36450 |
| defined as "highly toxic" by division (F) of this section; | 36451 |
| (i) Instructions for handling and storage of packages which | 36452 |
| require special care in handling or storage; | 36453 |
| (j) The statement "Keep out of the reach of children," or its | 36454 |
| practical equivalent. | 36455 |
| (2) On which any statements required under division (N) (1) | 36456 |
| of this section are located prominently and are in the English | 36457 |
| language in legible type in contrast by typography, layout, or | 36458 |
| color with other printed matter on the label. | 36459 |
| The | 36460 |
| provide for minimum information which shall appear on the labels | 36461 |
| for small packages, which labels need not include all of the | 36462 |
| information required by this section. The director may permit less | 36463 |
| than the foregoing statement of the hazard or precautionary | 36464 |
| measures for labels of hazardous substances presenting only minor | 36465 |
| hazards; and the term "misbranded package" does not apply to | 36466 |
| packages of economic poisons subject to the "Federal Insecticide, | 36467 |
| Fungicide, and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A. | 36468 |
| 135, nor to packages of foods, drugs, and cosmetics subject to the | 36469 |
| "Federal Food, Drug, and Cosmetic Act," nor to sections 3715.01 to | 36470 |
| 3715.72, inclusive, of the Revised Code. | 36471 |
| Sec. 3716.03. The director of health shall: | 36472 |
| (A) | 36473 |
| 36474 | |
| Adopt rules in accordance with Chapter 119. of the Revised Code | 36475 |
| for the efficient enforcement of section 3716.02 of the Revised | 36476 |
| Code; | 36477 |
| (B) Conduct examinations, inspections, and investigations for | 36478 |
| the purpose of establishing such regulations, through such | 36479 |
| officers of the department of health or the boards of health, as | 36480 |
| 36481 |
| (C) Designate officers and employees to enter at reasonable | 36482 |
| times any factory, warehouse, or establishment in which hazardous | 36483 |
| substances are held, or to enter any vehicle being used to | 36484 |
| transport or hold such hazardous substance: | 36485 |
| (1) For the purpose of determining the nature of such | 36486 |
| substances; | 36487 |
| (2) To inspect or copy all records showing the movement of | 36488 |
| any such hazardous substance, or the holding thereof during or | 36489 |
| after such movement, and the quantity, shipper, and consignee | 36490 |
| thereof; provided, evidence obtained under this subdivision shall | 36491 |
| not be used in a criminal prosecution of the person from whom | 36492 |
| obtained; | 36493 |
| (D) Inspect and sample, upon tender of reasonable price for | 36494 |
| such sample, at reasonable times and within reasonable limits and | 36495 |
| in a reasonable manner, finished hazardous substances in retail | 36496 |
| packages and labeling thereon in such factory, warehouse, | 36497 |
| establishment, or vehicle. | 36498 |
| Sec. 3717.01. As used in this chapter: | 36499 |
| (A) "Ohio uniform food safety code" means the food safety and | 36500 |
| related standards adopted under section 3717.05 of the Revised | 36501 |
| Code. | 36502 |
| (B) "Food" means any raw, cooked, or processed edible | 36503 |
| substance used or intended for use in whole or in part for human | 36504 |
| consumption. "Food" includes ice, water or any other beverage, | 36505 |
| food ingredients, and chewing gum. | 36506 |
| (C) "Retail food establishment" means a premises or part of a | 36507 |
| premises where food is stored, processed, prepared, manufactured, | 36508 |
| or otherwise held or handled for retail sale. Except when | 36509 |
| expressly provided otherwise, "retail food establishment" includes | 36510 |
| a mobile retail food establishment, seasonal retail food | 36511 |
| establishment, and temporary retail food establishment. | 36512 |
| As used in this division: | 36513 |
| (1) "Retail" means the sale of food to a person who is the | 36514 |
| ultimate consumer. | 36515 |
| (2) "Prepared" means any action that affects a food, | 36516 |
| including receiving and maintaining it at the temperature at which | 36517 |
| it was received. | 36518 |
| (D) "Seasonal retail food establishment" means a retail food | 36519 |
| establishment, other than a mobile retail food establishment, that | 36520 |
| is operated for not more than six months in a licensing period. | 36521 |
| (E) "Temporary retail food establishment" means a retail food | 36522 |
| establishment that is operated at an event for not more than five | 36523 |
| consecutive days, except when operated for more than five | 36524 |
| consecutive days pursuant to division (E)(2) of section 3717.23 of | 36525 |
| the Revised Code. | 36526 |
| (F) "Food service operation" means a place, location, site, | 36527 |
| or separate area where food intended to be served in individual | 36528 |
| portions is prepared or served for a charge or required donation. | 36529 |
| As used in this division, "served" means a response made to an | 36530 |
| order for one or more individual portions of food in a form that | 36531 |
| is edible without washing, cooking, or additional preparation and | 36532 |
| "prepared" means any action that affects a food other than | 36533 |
| receiving or maintaining it at the temperature at which it was | 36534 |
| received. | 36535 |
| Except when expressly provided otherwise, "food service | 36536 |
| operation" includes a catering food service operation, food | 36537 |
| delivery sales operation, mobile food service operation, seasonal | 36538 |
| food service operation, temporary food service operation, and | 36539 |
| vending machine location. | 36540 |
| (G) "Catering food service operation" means a food service | 36541 |
| operation where food is prepared for serving at a function or | 36542 |
| event held at an off-premises site, for a charge determined on a | 36543 |
| per-function or per-event basis. | 36544 |
| (H) "Food delivery sales operation" means a food service | 36545 |
| operation from which individual portions of food are ordered by a | 36546 |
| customer, prepared at another food service operation or a retail | 36547 |
| food establishment, and delivered to the customer by a person | 36548 |
| other than an employee of the food service operation or retail | 36549 |
| food establishment that prepared the food. | 36550 |
| (I) "Mobile food service operation" means a food service | 36551 |
| operation that is operated from a movable vehicle, portable | 36552 |
| structure, or watercraft and that routinely changes location, | 36553 |
| except that if the operation remains at any one location for more | 36554 |
| than forty consecutive days, the operation is no longer a mobile | 36555 |
| food service operation. "Mobile food service operation" includes a | 36556 |
| food service operation that does not remain at any one location | 36557 |
| for more than forty consecutive days and serves, in a manner | 36558 |
| consistent with division (F) of this section, only frozen | 36559 |
| desserts; beverages, nuts, popcorn, candy, or similar confections; | 36560 |
| bakery products identified in section 911.01 of the Revised Code; | 36561 |
| or any combination of those items. | 36562 |
| (J) "Seasonal food service operation" means a food service | 36563 |
| operation, other than a mobile food service operation, that is | 36564 |
| operated for not more than six months in a licensing period. | 36565 |
| (K) "Temporary food service operation" means a food service | 36566 |
| operation that is operated at an event for not more than five | 36567 |
| consecutive days, except when operated for more than five | 36568 |
| consecutive days pursuant to division (E)(2) of section 3717.43 of | 36569 |
| the Revised Code. | 36570 |
| (L) "Vending machine location" means an area or room where | 36571 |
| one or more vending machines are installed and operated, except | 36572 |
| that if the machines within an area are separated by more than one | 36573 |
| hundred fifty feet, each area separated by that distance | 36574 |
| constitutes a separate vending machine location. As used in this | 36575 |
| division, "vending machine" means a self-service device that | 36576 |
| automatically dispenses on the insertion of currency, tokens, or | 36577 |
| similar means a predetermined unit serving of food, either in bulk | 36578 |
| or in package, without having to be replenished after each use. | 36579 |
| (M) "Board of health" means a board of health of a city or | 36580 |
| general health district or the authority having the duties of a | 36581 |
| board of health under section 3709.05 of the Revised Code. | 36582 |
| (N) "Government entity" means this state, a political | 36583 |
| subdivision of this state, another state, or a political | 36584 |
| subdivision or other local government body of another state. | 36585 |
| (O) "Licensor" means one of the following: | 36586 |
| (1) A board of health approved under section 3717.11 of the | 36587 |
| Revised Code; | 36588 |
| (2) The director of agriculture acting pursuant to section | 36589 |
| 3717.11 of the Revised Code with respect to the licensing of | 36590 |
| retail food establishments; | 36591 |
| (3) The director of health acting pursuant to section 3717.11 | 36592 |
| of the Revised Code with respect to the licensing of food service | 36593 |
| operations. | 36594 |
| (P) "Licensing period" means the first day of March to the | 36595 |
| last day of February of the next succeeding year. | 36596 |
| (Q) "Mobile retail food establishment" means a retail food | 36597 |
| establishment that is operated from a movable vehicle or other | 36598 |
| portable structure, and that routinely changes location, except | 36599 |
| that if the establishment operates from any one location for more | 36600 |
| than forty consecutive days, the establishment is no longer a | 36601 |
| mobile retail food establishment. | 36602 |
| (R) "Unprocessed," when used with respect to fruits and | 36603 |
| vegetables, means that the fruits and vegetables are not processed | 36604 |
| beyond merely rough trimming and rinsing. | 36605 |
| (S) "Cottage food production operation" has the same meaning | 36606 |
|
as in division (A) | 36607 |
| Sec. 3717.04. The director of agriculture | 36608 |
| 36609 | |
| this state to adopt rules regarding retail food establishments and | 36610 |
| food service operations. The rules adopted under this chapter | 36611 |
| shall be applied uniformly throughout this state. | 36612 |
| All rules adopted under this chapter shall be adopted in | 36613 |
| accordance with Chapter 119. of the Revised Code. Subject to the | 36614 |
| approval of the joint committee on agency rule review, portions of | 36615 |
| the rules may be adopted by referencing all or any part of any | 36616 |
| federal regulations pertaining to food safety. | 36617 |
| Sec. 3717.05. (A) The director of agriculture and the
| 36618 |
| director of health | 36619 |
| standards for safe food handling and sanitation in retail food | 36620 |
| establishments and food service operations. The rules shall be | 36621 |
| compiled as the Ohio uniform food safety code, which shall be used | 36622 |
| by the licensors of retail food establishments and food service | 36623 |
| operations in ensuring the safe handling of food in this state. | 36624 |
| All scientific provisions of the Ohio uniform food safety code | 36625 |
| that are relevant to both retail food establishments and food | 36626 |
| service operations shall be adopted by the director of agriculture | 36627 |
|
and the
| 36628 |
| concurrence. | 36629 |
| The Ohio uniform food safety code shall include the | 36630 |
| following: | 36631 |
| (1) Criteria for sanitation in retail food establishments and | 36632 |
| food service operations; | 36633 |
| (2) Criteria for equipment in retail food establishments and | 36634 |
| food service operations; | 36635 |
| (3) Criteria for reviewing the facility layout and equipment | 36636 |
| specifications of retail food establishments and food service | 36637 |
| operations; | 36638 |
| (4) A definition of "potentially hazardous" as it pertains to | 36639 |
| food in retail food establishments and to food in food service | 36640 |
| operations; | 36641 |
| (5) Criteria to be used in evaluating the primary business of | 36642 |
| a person or government entity for purposes of determining whether | 36643 |
| the person or entity should be licensed as a retail food | 36644 |
| establishment or food service operation. | 36645 |
| (B)(1) Except as provided in division (B)(2) of this section, | 36646 |
| if a model food code is established by the United States food and | 36647 |
| drug administration, the Ohio uniform food safety code shall be | 36648 |
| based on the most current version of the food and drug | 36649 |
| administration's model food code. If the food and drug | 36650 |
| administration adopts, modifies, or rescinds a provision in the | 36651 |
| model food code, not later than twelve months after the | 36652 |
|
administration's action, the director of agriculture and
| 36653 |
| director of health | 36654 |
| provisions in the Ohio uniform food safety code to ensure that it | 36655 |
| continues to conform with the model food code. | 36656 |
| (2) The Ohio uniform food safety code may contain or omit | 36657 |
| provisions that do not correspond to the food and drug | 36658 |
| administration's model food code if the director of agriculture or | 36659 |
|
the | 36660 |
| concurrence, determines either of the following: | 36661 |
| (a) That rules can be adopted under this chapter that provide | 36662 |
| protection at least as effective as that which would be provided | 36663 |
| by basing the rules on the model food code; | 36664 |
| (b) That local conditions warrant the adoption of standards | 36665 |
| that are different from the model food code. | 36666 |
| Sec. 3717.07. (A) For purposes of establishing a licensing | 36667 |
| fee under sections 3717.25 and 3717.45 of the Revised Code, the | 36668 |
|
director of agriculture and the | 36669 |
| shall adopt rules establishing uniform methodologies for use in | 36670 |
| calculating the costs of licensing retail food establishments in | 36671 |
| the categories specified by the director of agriculture and the | 36672 |
| costs of licensing food service operations in the categories | 36673 |
|
specified by the
| 36674 |
|
rules, the director of agriculture and the | 36675 |
|
health | 36676 |
| advisory boards or other entities representing the interests of | 36677 |
| retail food establishments and food service operations. | 36678 |
| (B) The rules shall include provisions that do all of the | 36679 |
| following: | 36680 |
| (1) Provide for calculations to be made according to fiscal | 36681 |
| years rather than licensing periods; | 36682 |
| (2) Limit the direct costs that may be attributed to the use | 36683 |
| of sanitarians by establishing appropriate statewide averages that | 36684 |
| may not be exceeded; | 36685 |
| (3) Limit the indirect costs that may be included in the | 36686 |
| calculation of fees to an amount that does not exceed thirty per | 36687 |
| cent of the cost of the licensing program; | 36688 |
| (4) Provide for a proportionate reduction in the fees to be | 36689 |
| charged if a licensor included anticipated costs in the | 36690 |
| immediately preceding calculation of licensing fees and the total | 36691 |
| amount of the anticipated costs was not incurred; | 36692 |
| (5) Provide for a proportionate reduction in the fees to be | 36693 |
| charged if it is discovered through an audit by the auditor of | 36694 |
| state or through any other means that the licensor has charged or | 36695 |
| is charging a licensing fee that exceeds the amount that should | 36696 |
| have been charged; | 36697 |
| (6) Provide for a twenty per cent reduction in the fees to be | 36698 |
| charged when the reduction is imposed as a penalty under division | 36699 |
| (C) of section 3717.071 of the Revised Code; | 36700 |
| (7) With regard to any fees charged for licensing vending | 36701 |
| machine locations, the rules shall prohibit a licensor from | 36702 |
| increasing fees by a percentage of increase over the previous | 36703 |
| year's fee that exceeds the percentage of increase in the consumer | 36704 |
| price index for all urban consumers (United States city average, | 36705 |
| all items), prepared by the United States department of labor, | 36706 |
| bureau of labor statistics, for the immediately preceding calendar | 36707 |
| year. | 36708 |
| Sec. 3717.45. (A) A licensor may charge fees for issuing and | 36709 |
| renewing food service operation licenses. Any licensing fee | 36710 |
| charged shall be used solely for the administration and | 36711 |
| enforcement of the provisions of this chapter and the rules | 36712 |
| adopted under it applicable to food service operations. | 36713 |
| Any licensing fee charged under this section shall be based | 36714 |
| on the licensor's costs of regulating food service operations, as | 36715 |
| determined according to the uniform methodologies established | 36716 |
| under section 3717.07 of the Revised Code. If the licensor is a | 36717 |
| board of health, a fee may be disapproved by the district advisory | 36718 |
| council in the case of a general health district or the | 36719 |
| legislative authority of the city in the case of a city health | 36720 |
| district. A disapproved fee shall not be charged by the board of | 36721 |
| health. | 36722 |
| Except when a licensing fee is established as an emergency | 36723 |
| measure, the licensor shall hold a public hearing regarding the | 36724 |
| proposed fee. At least twenty days prior to holding a public | 36725 |
| hearing, the licensor shall give written notice of the hearing to | 36726 |
| each person or government entity holding a food service operation | 36727 |
| license that may be affected by the proposed fee. The notice shall | 36728 |
| be mailed to the last known address of the licensee and shall | 36729 |
| specify the date, time, and place of the hearing and the amount of | 36730 |
| the proposed fee. On request, the licensor shall provide the | 36731 |
| completed uniform methodology used in the calculation of the | 36732 |
| licensor's costs and the proposed fee. | 36733 |
| (B) In addition to licensing fees, a licensor may charge fees | 36734 |
| for the following: | 36735 |
| (1) Review of facility layout and equipment specifications | 36736 |
| pertaining to food service operations, other than mobile and | 36737 |
| temporary food service operations, or similar reviews conducted | 36738 |
| for vending machine locations; | 36739 |
| (2) Any necessary collection and bacteriological examination | 36740 |
| of samples from food service operations, or similar services | 36741 |
|
specified in rules adopted under this chapter by the | 36742 |
| director of health
| 36743 |
| (3) Attendance at a course of study offered by the licensor | 36744 |
| in food protection as it pertains to food service operations, if | 36745 |
| the course is approved under section 3717.09 of the Revised Code. | 36746 |
| (C)(1) The | 36747 |
| rule an amount to be collected from applicants for food service | 36748 |
|
operation licenses for use | 36749 |
| administering and enforcing the provisions of this chapter and the | 36750 |
| rules adopted under it applicable to food service operations. | 36751 |
| Licensors shall collect the amount prior to issuing an applicant's | 36752 |
| new or renewed license. If a licensing fee is charged under this | 36753 |
| section, the licensor shall collect the amount at the same time | 36754 |
| the fee is collected. Licensors are not required to provide notice | 36755 |
| or hold public hearings regarding amounts to be collected. | 36756 |
| (2) A licensor shall certify the amount collected under | 36757 |
| division (C)(1) of this section and transmit the amount to the | 36758 |
| treasurer of state according to the following schedule: | 36759 |
| (a) For amounts received by the licensor on or after the | 36760 |
| first day of January but not later than the thirty-first day of | 36761 |
| March, transmit the amounts not later than the fifteenth day of | 36762 |
| May; | 36763 |
| (b) For amounts received by the licensor on or after the | 36764 |
| first day of April but not later than the thirtieth day of June, | 36765 |
| transmit the amounts not later than the fifteenth day of August; | 36766 |
| (c) For amounts received by the licensor on or after the | 36767 |
| first day of July but not later than the thirtieth day of | 36768 |
| September, transmit the amounts not later than the fifteenth day | 36769 |
| of November; | 36770 |
| (d) For amounts received by the licensor on or after the | 36771 |
| first day of October but not later than the thirty-first day of | 36772 |
| December, transmit the amounts not later than the fifteenth day of | 36773 |
| February of the following year. | 36774 |
| (3) All amounts received under division (C)(2) of this | 36775 |
| section shall be deposited into the general operations fund | 36776 |
| created in section 3701.83 of the Revised Code. The director shall | 36777 |
| use the amounts solely for the administration and enforcement of | 36778 |
| the provisions of this chapter and the rules adopted under it | 36779 |
| applicable to food service operations. | 36780 |
| | 36781 |
| 36782 | |
| 36783 | |
| 36784 | |
| 36785 | |
| 36786 | |
| 36787 | |
| 36788 | |
| 36789 | |
| 36790 | |
| 36791 | |
| 36792 |
| Sec. 3717.51. Pursuant to section 3717.04 of the Revised | 36794 |
|
Code, the | 36795 |
| regarding food service operations, as follows: | 36796 |
| (A) Licensing categories for food service operations and | 36797 |
| licensing requirements for each category; | 36798 |
| (B) Standards and procedures, including a schedule of | 36799 |
| frequency, for conducting inspections of food service operations; | 36800 |
| (C) Standards and procedures for conducting investigations of | 36801 |
| complaints pertaining to food service operations; | 36802 |
| (D) Procedures to be used by the director of health in | 36803 |
| approving courses of study for persons seeking certification in | 36804 |
| food protection, standards that must be met to receive and | 36805 |
| maintain the director's approval, and procedures for withdrawing | 36806 |
| the director's approval of a course if the standards for approval | 36807 |
| are no longer being met; | 36808 |
| (E) Standards for the provision of assistance to choking | 36809 |
| victims; | 36810 |
| (F) Any other matter the | 36811 |
| to the administration and enforcement of the provisions of this | 36812 |
| chapter applicable to food service operations. | 36813 |
| Sec. 3718.02. (A) The | 36814 |
| accordance with Chapter 119. of the Revised Code, shall adopt, and | 36815 |
| subsequently may amend and rescind, rules of general application | 36816 |
| throughout the state to administer this chapter. Rules adopted | 36817 |
| under division (A) of this section shall do at least all of the | 36818 |
| following: | 36819 |
| (1) Require that the appropriate board of health approve or | 36820 |
| disapprove the installation, operation, and alteration of a sewage | 36821 |
| treatment system if it is not connected to a sanitary sewerage | 36822 |
| system; | 36823 |
| (2) Require a board of health, or other person as established | 36824 |
| by rule, to conduct a site evaluation for any proposed | 36825 |
| installation of a sewage treatment system; | 36826 |
| (3) Prescribe standards for the siting, design, installation, | 36827 |
| operation, monitoring, maintenance, and abandonment of sewage | 36828 |
| treatment systems that may be used in this state and for the | 36829 |
| progressive or incremental alteration or repair of an existing | 36830 |
| sewage treatment system or the progressive or incremental | 36831 |
| installation of a new system to replace an existing sewage | 36832 |
| treatment system. The rules shall be adopted so as to establish a | 36833 |
| preference for the repair of an existing sewage treatment system, | 36834 |
| when technically and economically feasible, rather than its | 36835 |
| replacement with a new system. The standards shall include at a | 36836 |
| minimum all of the following: | 36837 |
| (a) Soil absorption specifications and vertical separation | 36838 |
| distances. | 36839 |
| (i) Soil absorption specifications established in rules shall | 36840 |
| include standards regarding the sizing of sewage treatment systems | 36841 |
| in use in the state. | 36842 |
| (ii) In establishing soil absorption specifications and | 36843 |
| vertical separation distances, the rules shall identify those soil | 36844 |
| conditions that present a low or moderate risk of inadequate | 36845 |
| treatment or dispersal of sewage from sewage treatment systems. | 36846 |
| For low and moderate risk conditions, the required vertical | 36847 |
| separation distance shall not exceed eighteen inches except as | 36848 |
| authorized pursuant to rules adopted under divisions | 36849 |
| (A)(3)(a)(iii) and (iv) of this section. | 36850 |
| In addition, the rules shall identify those soil conditions | 36851 |
| that present a high risk of inadequate treatment or dispersal of | 36852 |
| sewage. For such high risk conditions, the vertical separation | 36853 |
| distance shall be set at a depth from twenty-four to thirty-six | 36854 |
| inches and shall not be lowered unless a reduction of vertical | 36855 |
| separation is granted in accordance with rules adopted under | 36856 |
| division (A)(3)(a)(iii) of this section. | 36857 |
| (iii) The rules shall establish options to be utilized by a | 36858 |
| board of health when approving the reductions of or compliance | 36859 |
| with vertical separation distances that are established in rules | 36860 |
| adopted under division (A)(3)(a)(ii) of this section. The options | 36861 |
| for a board of health in providing such approval shall include, | 36862 |
| but not be limited to: the use where deemed appropriate for a | 36863 |
| particular site of subsurface interceptor drains, perimeter | 36864 |
| drains, or engineered drainage; pretreatment of sewage; or soil | 36865 |
| elevation. | 36866 |
| (iv) The rules shall provide that a board of health may | 36867 |
| petition the director to increase the vertical separation | 36868 |
| distances required for sewage treatment systems in the applicable | 36869 |
| health district or a portion of the district when conditions | 36870 |
| present a high risk of inadequate treatment or dispersal of | 36871 |
| sewage. The rules also shall provide that the director may approve | 36872 |
| such a request upon a demonstration by the board of health that | 36873 |
| unusual or unique local conditions relating to terrain, bedrock, | 36874 |
| water table, soil fragments, or soil textures require the | 36875 |
| establishment of greater vertical separation distances within the | 36876 |
| jurisdiction of the board of health or a portion thereof. If, | 36877 |
| under the rules, the director of health approves a greater | 36878 |
| vertical separation distance, a board of health still may approve | 36879 |
| a reduction of that vertical separation distance for an individual | 36880 |
| sewage treatment system pursuant to rules adopted under division | 36881 |
| (A)(3)(a)(iii) of this section. Further, if, under the rules, the | 36882 |
| director approves a greater vertical separation distance, a person | 36883 |
| who is denied permission by a board of health to install or | 36884 |
| replace a sewage treatment system as a result of the director's | 36885 |
| approval may request a hearing in accordance with section 3718.11 | 36886 |
| of the Revised Code. | 36887 |
| (b) Specifications for the quality of treated sewage effluent | 36888 |
| from household sewage treatment systems that is applied to soil on | 36889 |
| the property where a household sewage treatment system is located. | 36890 |
| The specifications established in the rules for the quality of | 36891 |
| effluent from discharging systems shall comply with discharge | 36892 |
| requirements imposed by the national pollutant discharge | 36893 |
| elimination system permit program established under section | 36894 |
| 6111.03 of the Revised Code and rules adopted under it. | 36895 |
| (c) Requirements for the reasonable maintenance of a system | 36896 |
| according to maintenance requirements approved by the director of | 36897 |
| health as recommended by the sewage treatment system technical | 36898 |
| advisory committee or according to accepted standards and | 36899 |
| practices established in rules, as applicable. The requirements | 36900 |
| may include standards for service contracts or other arrangements | 36901 |
| that assure regular maintenance and upkeep of the system. In | 36902 |
| determining the reasonableness of a maintenance requirement, the | 36903 |
| director shall consider a manufacturer's maintenance requirements | 36904 |
| as well as all other maintenance alternatives. | 36905 |
| (4) Prescribe procedures for notification to boards of health | 36906 |
| of the approval of a sewage treatment system or components of a | 36907 |
| system by the director of health under section 3718.04 of the | 36908 |
| Revised Code; | 36909 |
| (5) Prescribe criteria and procedures under which boards of | 36910 |
| health shall issue installation permits, operation permits, and | 36911 |
| alteration permits for sewage treatment systems. The rules shall | 36912 |
| require as a condition of an installation permit that the | 36913 |
| installer of a system must warrant that the system was installed | 36914 |
| in accordance with all applicable rules and design requirements. | 36915 |
| In addition, the rules shall require a board of health, not later | 36916 |
| than sixty days after the issuance of an installation, operation, | 36917 |
| or alteration permit, to notify the director that the permit was | 36918 |
| issued. The rules shall require the notification to be in a format | 36919 |
| prescribed by the director and to include information related to | 36920 |
| the issuance of the permit. With the assistance of the department | 36921 |
| of health, a board of health, to the extent practicable, shall | 36922 |
| computerize the process of the issuance of permits for sewage | 36923 |
| treatment systems. | 36924 |
| (6) Require a board of health to inspect a sewage treatment | 36925 |
| system not later than twelve months after its installation to | 36926 |
| ensure that the system is operating properly. The rules shall | 36927 |
| require a board of health, not later than sixty days after the | 36928 |
| inspection, to certify to the director on a form provided by the | 36929 |
| director that the inspection was performed. | 36930 |
| (7) Require each board of health to develop a program for the | 36931 |
| administration of maintenance requirements established in rules | 36932 |
| adopted under division (A)(3)(c) of this section. The rules shall | 36933 |
| include requirements and procedures under which a person may | 36934 |
| demonstrate the required maintenance of a system in lieu of having | 36935 |
| an inspection conducted when an inspection otherwise is required. | 36936 |
| The rules shall require a board of health to provide written | 36937 |
| notice to a person that is demonstrating maintenance of a system | 36938 |
| in lieu of an inspection that if proof of the required maintenance | 36939 |
| of the system is not provided as required by rules, the system is | 36940 |
| subject to inspection by the board and the reasonable cost of the | 36941 |
| inspection must be paid by the person. The rules shall authorize a | 36942 |
| board of health to inspect any sewage treatment system if there is | 36943 |
| a good-faith complaint regarding the system, there is probable | 36944 |
| cause for the inspection, or proof of the required maintenance of | 36945 |
| the system has not been provided as required by rules. In | 36946 |
| addition, the rules shall authorize a board of health to inspect a | 36947 |
| sewage treatment system without prior notice in any instance in | 36948 |
| which the board has probable cause to believe that the system is | 36949 |
| endangering or threatening to endanger public health. The rules | 36950 |
| shall require that the reasonable costs for sewage effluent | 36951 |
| testing or evaluation be paid by the owner of a sewage treatment | 36952 |
| system that is being investigated. Further, the rules shall | 36953 |
| establish a methodology for determining the reasonable costs of an | 36954 |
| inspection in accordance with section 3709.09 of the Revised Code. | 36955 |
| The rules shall allow, but shall not require, a board of health to | 36956 |
| continue an inspection program that was established by the board | 36957 |
| prior to the effective date of the rules, provided that the | 36958 |
| program authorizes a person to demonstrate the required | 36959 |
| maintenance of a system in lieu of an inspection. | 36960 |
| (8) Require a board of health to register installers, service | 36961 |
| providers, and septage haulers that perform work within the health | 36962 |
| district; prescribe criteria and procedures for the registration; | 36963 |
| and prescribe criteria for a demonstration of competency as a part | 36964 |
| of the registration. The rules shall establish uniform statewide | 36965 |
| bonding requirements or other financial security requirements for | 36966 |
| installers, service providers, and septage haulers as a condition | 36967 |
| of registration within any health district. The rules shall | 36968 |
| establish a methodology by which the required amount of a bond or | 36969 |
| other security may be calculated for each installer, service | 36970 |
| provider, and septage hauler. The methodology, at a minimum, shall | 36971 |
| consider the number of systems installed or serviced and the type | 36972 |
| of system installed or serviced by an installer, service provider, | 36973 |
| or septage hauler on an annual basis. The rules shall provide that | 36974 |
| no board of health shall require an additional or different bond | 36975 |
| or security requirement as a condition of registration beyond the | 36976 |
| bonding and security requirements established in the rules adopted | 36977 |
| under division (A)(8) of this section. | 36978 |
| The rules shall establish a cost methodology for determining | 36979 |
| the fee for the registration of an installer, service provider, or | 36980 |
| septage hauler in any health district. | 36981 |
| (9) Prescribe requirements for the collection, | 36982 |
| transportation, disposal, and land application of domestic septage | 36983 |
| in this state from a sewage treatment system; | 36984 |
| (10) Require boards of health to maintain records that are | 36985 |
| determined necessary to ascertain compliance with this chapter and | 36986 |
| the rules adopted under it; | 36987 |
| (11) Require the manufacturer of a sewage treatment system | 36988 |
| that is authorized for use in this state in rules adopted under | 36989 |
| this section or that is approved for use in this state under | 36990 |
| section 3718.04 of the Revised Code to provide instructions for | 36991 |
| the operation and maintenance of the system. The rules shall | 36992 |
| provide that a board of health may require a copy of a | 36993 |
| manufacturer's instructions for the operation and maintenance of a | 36994 |
| system to be filed with the board prior to the installation and | 36995 |
| use of the system in the health district in which the board has | 36996 |
| jurisdiction. In addition, the rules shall require a board of | 36997 |
| health and a manufacturer to provide a copy of the operation and | 36998 |
| maintenance instructions, if available, when a board of health or | 36999 |
| a manufacturer receives a written request for instructions. | 37000 |
| (12) Prescribe criteria for the provision of written evidence | 37001 |
| of compliance with rules pertaining to sewage treatment for | 37002 |
| purposes of sections 711.05 and 711.10 of the Revised Code; | 37003 |
| (13) Pursuant to divisions (A)(1) and (3) of this section, | 37004 |
| prescribe standards for the siting, design, installation, | 37005 |
| operation, monitoring, maintenance, and abandonment of small flow | 37006 |
| on-site sewage treatment systems that may be used in this state; | 37007 |
| (14) Prescribe minimum criteria and procedures under which | 37008 |
| boards of health may establish household sewage treatment district | 37009 |
| management programs for the purpose of providing a responsive | 37010 |
| approach toward preventing or solving sewage treatment problems | 37011 |
| resulting from household sewage treatment systems within the | 37012 |
| districts established under the program. For purposes of division | 37013 |
| (A)(14) of this section, a board of health may enter into a | 37014 |
| contract with any entity to administer a household sewage | 37015 |
| treatment district management program. | 37016 |
| (15) Prescribe standards for the use of subsurface | 37017 |
| interceptor drains, perimeter drains, and engineered drainage to | 37018 |
| remove or divert any subsurface water from an area to be used for | 37019 |
| soil absorption of sewage in the soil of a sewage treatment | 37020 |
| system; | 37021 |
| (16) Prescribe standards for the inspection of septage | 37022 |
| hauling truck tanks by boards of health, including, but not | 37023 |
| limited to, tank seal safety specifications; | 37024 |
| (17) Establish standards and testing methods to ensure that | 37025 |
| all septic tanks, other disposal component tanks, dosing tanks, | 37026 |
| pump vaults, household sewage treatment disposal system holding | 37027 |
| tanks and privy vaults, or other applicable sewage disposal system | 37028 |
|
components manufactured after | 37029 |
| September 17, 2010, and used in this state are watertight and | 37030 |
| structurally sound; | 37031 |
| (18) Require a board of health to give notice and an | 37032 |
| opportunity for a hearing, pursuant to section 3718.11 of the | 37033 |
| Revised Code, to an affected property owner regarding any of the | 37034 |
| following: | 37035 |
| (a) The denial of an installation, operation, or alteration | 37036 |
| permit for a sewage treatment system; | 37037 |
| (b) The imposition of a condition on the installation of a | 37038 |
| sewage treatment system; | 37039 |
| (c) The required replacement of a sewage treatment system; | 37040 |
| (d) Any other final order or decision of a board of health | 37041 |
| that is made under this chapter concerning which a property owner | 37042 |
| is claiming to be aggrieved or adversely affected. | 37043 |
| The rules also shall establish procedures for giving such | 37044 |
| notice and for conducting the hearing required in rules adopted | 37045 |
| under division (A)(18) of this section. | 37046 |
| (19) Prescribe standards for the regulation of gray water | 37047 |
| recycling systems; | 37048 |
| (20) Prohibit a sewage treatment system from causing a public | 37049 |
| health nuisance; | 37050 |
| (21) Define economic impact for purposes of division (B) of | 37051 |
| this section and section 3718.022 of the Revised Code. | 37052 |
| The | 37053 |
|
of this section that | 37054 |
| implement this chapter and to protect the public health and | 37055 |
| welfare. | 37056 |
| At least sixty days prior to adopting a rule under division | 37057 |
|
(A) of this section, the | 37058 |
| health and any other interested parties an opportunity to comment | 37059 |
| on the rule. | 37060 |
| (B)(1) In accordance with section 3709.20 or 3709.21 of the | 37061 |
| Revised Code, as applicable, and subject to review by and approval | 37062 |
| of the director under division (C) of section 3718.05 of the | 37063 |
| Revised Code, a board of health may adopt rules necessary for the | 37064 |
| public health providing for more stringent standards than those | 37065 |
|
established in rules | 37066 |
| director under division (A) of this section. In proposing or | 37067 |
| adopting the rules, a board of health shall consider and document | 37068 |
| the economic impact of the rules on property owners within the | 37069 |
| applicable health district. | 37070 |
| (2) A board that intends to adopt rules shall notify the | 37071 |
| department of health of the proposed rules and submit a copy of | 37072 |
| the proposed rules and the documentation of the economic impact of | 37073 |
| the rules at least ninety days prior to the proposed date of | 37074 |
| adoption. The director shall approve or disapprove any such | 37075 |
| proposed rule within ninety days after receiving a copy of the | 37076 |
| proposed rule from the board of health. | 37077 |
| (3) In reviewing a proposed rule, the director shall approve | 37078 |
| the rule if all of the following apply: | 37079 |
| (a) The proposed rule is not in conflict with this chapter or | 37080 |
| rules adopted under it. | 37081 |
| (b) The proposed rule is authorized by division (B) of this | 37082 |
| section. | 37083 |
| (c) The proposed rule is no less stringent than rules adopted | 37084 |
|
by the | 37085 |
| (d) Unless otherwise authorized by this chapter or rules | 37086 |
| adopted under it, the proposed rule does not require design | 37087 |
| changes to a sewage treatment system, or component thereof, that | 37088 |
| differ from a design authorized in rules adopted under division | 37089 |
| (A) of this section, including rules adopted under division (A)(1) | 37090 |
| or (A)(3)(a)(iii) or (iv) of this section, or approved by the | 37091 |
| director under section 3718.04 of the Revised Code. | 37092 |
| (e) The proposed rule does not require operation or | 37093 |
| maintenance procedures for a sewage treatment system that conflict | 37094 |
| with operation or maintenance procedures authorized in rules | 37095 |
| adopted under division (A) of this section, including rules | 37096 |
| adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this | 37097 |
| section, or approved by the director under section 3718.04 of the | 37098 |
| Revised Code. | 37099 |
| (4) If a board of health fails to submit a proposed rule to | 37100 |
| the director or fails to demonstrate that the board has considered | 37101 |
| the economic impact of the proposed rule, the rule shall have no | 37102 |
| force or effect and is not enforceable. | 37103 |
| Sec. 3718.021. (A) A board of health may regulate the siting, | 37104 |
| design, installation, operation, monitoring, maintenance, and | 37105 |
| abandonment of small flow on-site sewage treatment systems in | 37106 |
|
accordance with rules adopted by the | 37107 |
| 37108 | |
| Code. If a board of health chooses to regulate small flow on-site | 37109 |
| sewage treatment systems, the board first shall send written | 37110 |
| notification to the director of health and the director of | 37111 |
| environmental protection. | 37112 |
| (B) If a board of health chooses to regulate small flow | 37113 |
| on-site sewage treatment systems under division (A) of this | 37114 |
| section and later determines that it no longer wants to regulate | 37115 |
| those systems, the board shall notify the director of health and | 37116 |
| the director of environmental protection. Upon the receipt of the | 37117 |
| notification by the director of environmental protection, the | 37118 |
| board of health shall cease regulating small flow on-site sewage | 37119 |
| treatment systems, and the environmental protection agency shall | 37120 |
| regulate those systems. | 37121 |
| (C) If after a survey conducted under section 3718.07 of the | 37122 |
| Revised Code the director of health finds that a board of health | 37123 |
| that has chosen to regulate small flow on-site sewage treatment | 37124 |
| systems is not complying with the rules adopted under division | 37125 |
| (A)(13) of section 3718.02 of the Revised Code, the director shall | 37126 |
| notify the director of environmental protection and the board of | 37127 |
| health. Upon receipt of the notification, the board shall cease | 37128 |
| regulating small flow on-site sewage treatment systems, and the | 37129 |
| environmental protection agency shall regulate those systems. | 37130 |
| Sec. 3718.022. Notwithstanding any provision in this chapter | 37131 |
| to the contrary, in adopting rules under division (A) of section | 37132 |
|
3718.02 of the Revised Code, the | 37133 |
| shall consider the economic impact of the rules on property | 37134 |
| owners, the state of available technology, and the nature and | 37135 |
|
economics of the available | 37136 |
| Sec. 3718.05. The director of health shall do all of the | 37137 |
| following: | 37138 |
| (A) Administer and enforce this chapter and the rules | 37139 |
| 37140 |
| (B) Examine records of boards of health, in accordance with | 37141 |
|
rules adopted by the | 37142 |
| necessary to ascertain compliance with this chapter and rules | 37143 |
| adopted under it; | 37144 |
| (C) Review and approve or disapprove rules proposed by boards | 37145 |
| of health under division (B) of section 3718.02 of the Revised | 37146 |
| Code. The director shall not disapprove a proposed rule unless the | 37147 |
| director determines that the proposed rule conflicts with this | 37148 |
| chapter or rules adopted under division (A) of section 3718.02 of | 37149 |
|
the Revised Code
| 37150 |
| public health or environmental protection. If the director | 37151 |
| disapproves a proposed rule, the director shall provide a written | 37152 |
| explanation of the director's disapproval to the board of health | 37153 |
| that proposed the rule. | 37154 |
| (D) Survey boards of health as required by section 3718.07 of | 37155 |
| the Revised Code; | 37156 |
| (E) Develop with the sewage treatment system technical | 37157 |
| advisory committee standards, guidelines, and protocols for use by | 37158 |
| the director in approving or disapproving a sewage treatment | 37159 |
| system under section 3718.04 of the Revised Code and an | 37160 |
| application form for use by applicants for that approval, | 37161 |
| including identification of the information that must be included | 37162 |
| with the form; | 37163 |
| (F) Provide instructions on the operation and maintenance of | 37164 |
| a sewage treatment system. The director shall provide the | 37165 |
| operation and maintenance instructions on the department of | 37166 |
| health's web site. In addition, the director shall provide a copy | 37167 |
| of the operation and maintenance instructions when the director | 37168 |
| receives a written request for the instructions. | 37169 |
| (G) Develop educational programs, in conjunction with boards | 37170 |
| of health, to educate owners of sewage treatment systems regarding | 37171 |
| the proper operation and maintenance of those systems. | 37172 |
| Sec. 3718.06. (A) | 37173 |
| in accordance with section 3709.09 of the Revised Code for the | 37174 |
| purpose of carrying out its duties under this chapter and rules | 37175 |
| adopted under it, including fees for installation permits, | 37176 |
| operation permits, and alteration permits issued by the board. All | 37177 |
| fees so established and collected by the board shall be deposited | 37178 |
| in a special fund of the district to be used exclusively by the | 37179 |
| board in carrying out those duties. | 37180 |
| | 37181 |
|
the
| 37182 |
| to be collected from applicants for installation permits and | 37183 |
| alteration permits issued under rules adopted under this chapter. | 37184 |
| The director of health shall use not more than seventy-five per | 37185 |
| cent of the proceeds from that fee for administering and enforcing | 37186 |
|
this chapter and the rules adopted under it by the | 37187 |
| director. The director shall use not less than twenty-five per | 37188 |
| cent of the proceeds from that fee to establish a program in | 37189 |
| cooperation with boards of health to fund installation and | 37190 |
| evaluation of sewage treatment system new technology pilot | 37191 |
| projects through grants or other agreements. In the selection of | 37192 |
| pilot projects, the director shall consult with the sewage | 37193 |
| treatment system technical advisory committee. A board of health | 37194 |
| shall collect and transmit the fee to the director pursuant to | 37195 |
| section 3709.092 of the Revised Code. | 37196 |
| | 37197 |
| 37198 | |
| 37199 | |
| 37200 | |
| 37201 | |
| 37202 | |
| 37203 | |
| 37204 | |
| 37205 | |
| 37206 | |
| 37207 | |
| 37208 | |
| 37209 |
| Sec. 3718.07. The director of health shall survey each city | 37211 |
| and general health district at least once every three years to | 37212 |
| determine whether there is substantial compliance with the | 37213 |
| requirements of this chapter pertaining to health districts and | 37214 |
|
the applicable rules adopted by the | 37215 |
| under this chapter. Upon determining that there is substantial | 37216 |
| compliance, the director shall place the district on an approved | 37217 |
| list. The director may resurvey an approved district if it is | 37218 |
| determined by the director to be necessary and may remove from the | 37219 |
| list a district that is found not to be substantially complying | 37220 |
| with the requirements of this chapter pertaining to health | 37221 |
| districts and the applicable rules. | 37222 |
| If the director determines that a district is not eligible to | 37223 |
| be placed on the approved list or to continue on the list after a | 37224 |
| resurvey, the director shall certify that determination to the | 37225 |
| board of health, and the director shall carry out the duties of | 37226 |
| the unapproved health district under this chapter and the | 37227 |
| applicable rules adopted under it within the district or shall | 37228 |
| contract with an approved health district to conduct those duties | 37229 |
| until the unapproved district is placed on or returned to the | 37230 |
| approved list. The director or the contracting district shall have | 37231 |
| within the unapproved district the authority to exercise powers | 37232 |
| and perform duties granted to or imposed on the board under this | 37233 |
| chapter and the applicable rules adopted under it. | 37234 |
| Until the unapproved district is placed on or returned to the | 37235 |
| approved list, the director or the contracting district shall | 37236 |
| collect all fees payable to the board of health under this chapter | 37237 |
| and all such fees previously paid to the unapproved district that | 37238 |
| have not been expended or encumbered. The director shall deposit | 37239 |
| those fees in the state treasury to the credit of a special fund, | 37240 |
| which is hereby created, to be used by the director for the | 37241 |
| purpose of carrying out the duties of the unapproved health | 37242 |
| district under this chapter and the applicable rules adopted under | 37243 |
| it. A contracting district shall deposit those fees to the credit | 37244 |
| of its fund created under section 3718.06 of the Revised Code to | 37245 |
| be used by the district for the purpose of carrying out the duties | 37246 |
| of the unapproved district under this chapter and the applicable | 37247 |
| rules adopted under it. The director or contracting district shall | 37248 |
| repay to the unapproved district any balance remaining in the | 37249 |
| applicable fund from all sources when the unapproved district is | 37250 |
| placed on or returned to the approved list by the director. | 37251 |
| If a health district is removed from the approved list under | 37252 |
| this section and the board of health of the district is regulating | 37253 |
| small flow on-site sewage treatment systems in the district under | 37254 |
| section 3718.021 of the Revised Code, the director of | 37255 |
| environmental protection shall regulate those systems in that | 37256 |
| district in accordance with division (C) of that section. | 37257 |
| Sec. 3718.09. (A) A board of health may issue, modify, | 37258 |
| suspend, or revoke enforcement orders to a registration or permit | 37259 |
| holder or other person directing the holder or person to abate a | 37260 |
| violation of this chapter, any rule adopted or order issued under | 37261 |
| it, or a condition of a registration or permit issued under it | 37262 |
| within a specified, reasonable time. If an order issued under this | 37263 |
| division is neglected or disregarded, the applicable board of | 37264 |
| health may proceed in accordance with section 3707.02 of the | 37265 |
| Revised Code. | 37266 |
| (B) The health commissioner or the commissioner's designated | 37267 |
| representative, without prior notice or hearing and in accordance | 37268 |
|
with | 37269 |
| 37270 | |
| necessary to meet a public health emergency or to prevent or abate | 37271 |
| an imminent and substantial threat to surface water or ground | 37272 |
| water regarding domestic septage management or regarding a sewage | 37273 |
| treatment system that is being operated in a manner that does not | 37274 |
| comply with this chapter or rules adopted under it. A person to | 37275 |
| whom such an emergency order is issued immediately shall comply | 37276 |
| with the order. A person so ordered may apply to the issuer of the | 37277 |
| order for a hearing, which shall be held as soon as possible, but | 37278 |
| not later than twenty days after the issuer's receipt of the | 37279 |
| application for a hearing. | 37280 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 37281 |
| 3721.99 of the Revised Code: | 37282 |
| (1)(a) "Home" means an institution, residence, or facility | 37283 |
| that provides, for a period of more than twenty-four hours, | 37284 |
| whether for a consideration or not, accommodations to three or | 37285 |
| more unrelated individuals who are dependent upon the services of | 37286 |
| others, including a nursing home, residential care facility, home | 37287 |
| for the aging, and a veterans' home operated under Chapter 5907. | 37288 |
| of the Revised Code. | 37289 |
| (b) "Home" also means both of the following: | 37290 |
| (i) Any facility that a person, as defined in section 3702.51 | 37291 |
| of the Revised Code, proposes for certification as a skilled | 37292 |
| nursing facility or nursing facility under Title XVIII or XIX of | 37293 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 37294 |
| as amended, and for which a certificate of need, other than a | 37295 |
| certificate to recategorize hospital beds as described in section | 37296 |
| 37297 | |
| version of section 3702.51 of the Revised Code in effect | 37298 |
| immediately prior to April 20, 1995, has been granted to the | 37299 |
| person under sections 3702.51 to 3702.62 of the Revised Code after | 37300 |
| August 5, 1989; | 37301 |
| (ii) A county home or district home that is or has been | 37302 |
| licensed as a residential care facility. | 37303 |
| (c) "Home" does not mean any of the following: | 37304 |
| (i) Except as provided in division (A)(1)(b) of this section, | 37305 |
| a public hospital or hospital as defined in section 3701.01 or | 37306 |
| 5122.01 of the Revised Code; | 37307 |
| (ii) A residential facility | 37308 |
|
defined | 37309 |
| (iii) A residential facility as defined in section 5123.19 of | 37310 |
| the Revised Code; | 37311 |
| (iv) | 37312 |
| 37313 |
| | 37314 |
| section 3793.01 of the Revised Code; | 37315 |
| | 37316 |
| under section 3793.11 of the Revised Code; | 37317 |
| | 37318 |
| the department of developmental disabilities under section 5123.18 | 37319 |
|
of the Revised Code | 37320 |
| 37321 |
| | 37322 |
| licensed under section 3712.04 of the Revised Code that is used | 37323 |
| exclusively for care of hospice patients; | 37324 |
| | 37325 |
| operated by a religious order, provides care exclusively to | 37326 |
| members of religious orders who take vows of celibacy and live by | 37327 |
| virtue of their vows within the orders as if related, and does not | 37328 |
| participate in the medicare program established under Title XVIII | 37329 |
| of the "Social Security Act" or the medical assistance program | 37330 |
| established under Chapter 5111. of the Revised Code and Title XIX | 37331 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 37332 |
| infirmary, or entity was providing care exclusively to members of | 37333 |
| the religious order; | 37334 |
| | 37335 |
| licensed as a residential care facility. | 37336 |
| (2) "Unrelated individual" means one who is not related to | 37337 |
| the owner or operator of a home or to the spouse of the owner or | 37338 |
| operator as a parent, grandparent, child, grandchild, brother, | 37339 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 37340 |
| uncle. | 37341 |
| (3) "Mental impairment" does not mean mental illness as | 37342 |
| defined in section 5122.01 of the Revised Code or mental | 37343 |
| retardation as defined in section 5123.01 of the Revised Code. | 37344 |
| (4) "Skilled nursing care" means procedures that require | 37345 |
| technical skills and knowledge beyond those the untrained person | 37346 |
| possesses and that are commonly employed in providing for the | 37347 |
| physical, mental, and emotional needs of the ill or otherwise | 37348 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 37349 |
| to, the following: | 37350 |
| (a) Irrigations, catheterizations, application of dressings, | 37351 |
| and supervision of special diets; | 37352 |
| (b) Objective observation of changes in the patient's | 37353 |
| condition as a means of analyzing and determining the nursing care | 37354 |
| required and the need for further medical diagnosis and treatment; | 37355 |
| (c) Special procedures contributing to rehabilitation; | 37356 |
| (d) Administration of medication by any method ordered by a | 37357 |
| physician, such as hypodermically, rectally, or orally, including | 37358 |
| observation of the patient after receipt of the medication; | 37359 |
| (e) Carrying out other treatments prescribed by the physician | 37360 |
| that involve a similar level of complexity and skill in | 37361 |
| administration. | 37362 |
| (5)(a) "Personal care services" means services including, but | 37363 |
| not limited to, the following: | 37364 |
| (i) Assisting residents with activities of daily living; | 37365 |
| (ii) Assisting residents with self-administration of | 37366 |
| medication, in accordance with rules adopted under section 3721.04 | 37367 |
| of the Revised Code; | 37368 |
| (iii) Preparing special diets, other than complex therapeutic | 37369 |
| diets, for residents pursuant to the instructions of a physician | 37370 |
| or a licensed dietitian, in accordance with rules adopted under | 37371 |
| section 3721.04 of the Revised Code. | 37372 |
| (b) "Personal care services" does not include "skilled | 37373 |
| nursing care" as defined in division (A)(4) of this section. A | 37374 |
| facility need not provide more than one of the services listed in | 37375 |
| division (A)(5)(a) of this section to be considered to be | 37376 |
| providing personal care services. | 37377 |
| (6) "Nursing home" means a home used for the reception and | 37378 |
| care of individuals who by reason of illness or physical or mental | 37379 |
| impairment require skilled nursing care and of individuals who | 37380 |
| require personal care services but not skilled nursing care. A | 37381 |
| nursing home is licensed to provide personal care services and | 37382 |
| skilled nursing care. | 37383 |
| (7) "Residential care facility" means a home that provides | 37384 |
| either of the following: | 37385 |
| (a) Accommodations for seventeen or more unrelated | 37386 |
| individuals and supervision and personal care services for three | 37387 |
| or more of those individuals who are dependent on the services of | 37388 |
| others by reason of age or physical or mental impairment; | 37389 |
| (b) Accommodations for three or more unrelated individuals, | 37390 |
| supervision and personal care services for at least three of those | 37391 |
| individuals who are dependent on the services of others by reason | 37392 |
| of age or physical or mental impairment, and, to at least one of | 37393 |
| those individuals, any of the skilled nursing care authorized by | 37394 |
| section 3721.011 of the Revised Code. | 37395 |
| (8) "Home for the aging" means a home that provides services | 37396 |
| as a residential care facility and a nursing home, except that the | 37397 |
| home provides its services only to individuals who are dependent | 37398 |
| on the services of others by reason of both age and physical or | 37399 |
| mental impairment. | 37400 |
| The part or unit of a home for the aging that provides | 37401 |
| services only as a residential care facility is licensed as a | 37402 |
| residential care facility. The part or unit that may provide | 37403 |
| skilled nursing care beyond the extent authorized by section | 37404 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 37405 |
| (9) "County home" and "district home" mean a county home or | 37406 |
| district home operated under Chapter 5155. of the Revised Code. | 37407 |
| (B) The | 37408 |
| classify homes. For the purposes of this chapter, any residence, | 37409 |
| institution, hotel, congregate housing project, or similar | 37410 |
| facility that meets the definition of a home under this section is | 37411 |
| such a home regardless of how the facility holds itself out to the | 37412 |
| public. | 37413 |
| (C) For purposes of this chapter, personal care services or | 37414 |
| skilled nursing care shall be considered to be provided by a | 37415 |
| facility if they are provided by a person employed by or | 37416 |
| associated with the facility or by another person pursuant to an | 37417 |
| agreement to which neither the resident who receives the services | 37418 |
| nor the resident's sponsor is a party. | 37419 |
| (D) Nothing in division (A)(4) of this section shall be | 37420 |
| construed to permit skilled nursing care to be imposed on an | 37421 |
| individual who does not require skilled nursing care. | 37422 |
| Nothing in division (A)(5) of this section shall be construed | 37423 |
| to permit personal care services to be imposed on an individual | 37424 |
| who is capable of performing the activity in question without | 37425 |
| assistance. | 37426 |
| (E) Division (A)(1)(c) | 37427 |
| prohibit a facility, infirmary, or other entity described in that | 37428 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 37429 |
| of the Revised Code or certification under Title XVIII or XIX of | 37430 |
| the "Social Security Act." However, such a facility, infirmary, or | 37431 |
| entity that applies for licensure or certification must meet the | 37432 |
| requirements of those sections or titles and the rules adopted | 37433 |
| under them and obtain a certificate of need from the director of | 37434 |
| health under section 3702.52 of the Revised Code. | 37435 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 37436 |
| shall be construed as authorizing the supervision, regulation, or | 37437 |
| control of the spiritual care or treatment of residents or | 37438 |
| patients in any home who rely upon treatment by prayer or | 37439 |
| spiritual means in accordance with the creed or tenets of any | 37440 |
| recognized church or religious denomination. | 37441 |
| Sec. 3721.011. (A) In addition to providing accommodations, | 37442 |
| supervision, and personal care services to its residents, a | 37443 |
| residential care facility may do the following: | 37444 |
| (1) Provide the following skilled nursing care to its | 37445 |
| residents: | 37446 |
| (a) Supervision of special diets; | 37447 |
| (b) Application of dressings, in accordance with rules | 37448 |
| adopted under section 3721.04 of the Revised Code; | 37449 |
| (c) Subject to division (B)(1) of this section, | 37450 |
| administration of medication. | 37451 |
| (2) Subject to division (C) of this section, provide other | 37452 |
| skilled nursing care on a part-time, intermittent basis for not | 37453 |
| more than a total of one hundred twenty days in a twelve-month | 37454 |
| period; | 37455 |
| (3) Provide skilled nursing care for more than one hundred | 37456 |
| twenty days in a twelve-month period to a resident when the | 37457 |
| requirements of division (D) of this section are met. | 37458 |
| A residential care facility may not admit or retain an | 37459 |
| individual requiring skilled nursing care that is not authorized | 37460 |
| by this section. A residential care facility may not provide | 37461 |
| skilled nursing care beyond the limits established by this | 37462 |
| section. | 37463 |
| (B)(1) A residential care facility may admit or retain an | 37464 |
| individual requiring medication, including biologicals, only if | 37465 |
| the individual's personal physician has determined in writing that | 37466 |
| the individual is capable of self-administering the medication or | 37467 |
| the facility provides for the medication to be administered to the | 37468 |
| individual by a home health agency certified under Title XVIII of | 37469 |
| the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as | 37470 |
| amended; a hospice care program licensed under Chapter 3712. of | 37471 |
| the Revised Code; or a member of the staff of the residential care | 37472 |
| facility who is qualified to perform medication administration. | 37473 |
| Medication may be administered in a residential care facility only | 37474 |
| by the following persons authorized by law to administer | 37475 |
| medication: | 37476 |
| (a) A registered nurse licensed under Chapter 4723. of the | 37477 |
| Revised Code; | 37478 |
| (b) A licensed practical nurse licensed under Chapter 4723. | 37479 |
| of the Revised Code who holds proof of successful completion of a | 37480 |
| course in medication administration approved by the board of | 37481 |
| nursing and who administers the medication only at the direction | 37482 |
| of a registered nurse or a physician authorized under Chapter | 37483 |
| 4731. of the Revised Code to practice medicine and surgery or | 37484 |
| osteopathic medicine and surgery; | 37485 |
| (c) A medication aide certified under Chapter 4723. of the | 37486 |
| Revised Code; | 37487 |
| (d) A physician authorized under Chapter 4731. of the Revised | 37488 |
| Code to practice medicine and surgery or osteopathic medicine and | 37489 |
| surgery. | 37490 |
| (2) In assisting a resident with self-administration of | 37491 |
| medication, any member of the staff of a residential care facility | 37492 |
| may do the following: | 37493 |
| (a) Remind a resident when to take medication and watch to | 37494 |
| ensure that the resident follows the directions on the container; | 37495 |
| (b) Assist a resident by taking the medication from the | 37496 |
| locked area where it is stored, in accordance with rules adopted | 37497 |
| pursuant to section 3721.04 of the Revised Code, and handing it to | 37498 |
| the resident. If the resident is physically unable to open the | 37499 |
| container, a staff member may open the container for the resident. | 37500 |
| (c) Assist a physically impaired but mentally alert resident, | 37501 |
| such as a resident with arthritis, cerebral palsy, or Parkinson's | 37502 |
| disease, in removing oral or topical medication from containers | 37503 |
| and in consuming or applying the medication, upon request by or | 37504 |
| with the consent of the resident. If a resident is physically | 37505 |
| unable to place a dose of medicine to the resident's mouth without | 37506 |
| spilling it, a staff member may place the dose in a container and | 37507 |
| place the container to the mouth of the resident. | 37508 |
| (C) Except as provided in division (D) of this section, a | 37509 |
| residential care facility may admit or retain individuals who | 37510 |
| require skilled nursing care beyond the supervision of special | 37511 |
| diets, application of dressings, or administration of medication, | 37512 |
| only if the care will be provided on a part-time, intermittent | 37513 |
| basis for not more than a total of one hundred twenty days in any | 37514 |
| twelve-month period. In accordance with Chapter 119. of the | 37515 |
|
Revised Code, the | 37516 |
| rules specifying what constitutes the need for skilled nursing | 37517 |
|
care on a part-time, intermittent basis. The | 37518 |
| shall adopt rules that are consistent with rules pertaining to | 37519 |
| home health care adopted by the director of job and family | 37520 |
| services for the medicaid program established under Chapter 5111. | 37521 |
| of the Revised Code. Skilled nursing care provided pursuant to | 37522 |
| this division may be provided by a home health agency certified | 37523 |
| under Title XVIII of the "Social Security Act," a hospice care | 37524 |
| program licensed under Chapter 3712. of the Revised Code, or a | 37525 |
| member of the staff of a residential care facility who is | 37526 |
| qualified to perform skilled nursing care. | 37527 |
| A residential care facility that provides skilled nursing | 37528 |
| care pursuant to this division shall do both of the following: | 37529 |
| (1) Evaluate each resident receiving the skilled nursing care | 37530 |
| at least once every seven days to determine whether the resident | 37531 |
| should be transferred to a nursing home; | 37532 |
| (2) Meet the skilled nursing care needs of each resident | 37533 |
| receiving the care. | 37534 |
| (D)(1) A residential care facility may admit or retain an | 37535 |
| individual who requires skilled nursing care for more than one | 37536 |
| hundred twenty days in any twelve-month period only if the | 37537 |
| facility has entered into a written agreement with each of the | 37538 |
| following: | 37539 |
| (a) The individual or individual's sponsor; | 37540 |
| (b) The individual's personal physician; | 37541 |
| (c) Unless the individual's personal physician oversees the | 37542 |
| skilled nursing care, the provider of the skilled nursing care; | 37543 |
| (d) If the individual is a hospice patient as defined in | 37544 |
| section 3712.01 of the Revised Code, a hospice care program | 37545 |
| licensed under Chapter 3712. of the Revised Code. | 37546 |
| (2) The agreement required by division (D)(1) of this section | 37547 |
| shall include all of the following provisions: | 37548 |
| (a) That the individual will be provided skilled nursing care | 37549 |
| in the facility only if a determination has been made that the | 37550 |
| individual's needs can be met at the facility; | 37551 |
| (b) That the individual will be retained in the facility only | 37552 |
| if periodic redeterminations are made that the individual's needs | 37553 |
| are being met at the facility; | 37554 |
| (c) That the redeterminations will be made according to a | 37555 |
| schedule specified in the agreement; | 37556 |
| (d) If the individual is a hospice patient, that the | 37557 |
| individual has been given an opportunity to choose the hospice | 37558 |
| care program that best meets the individual's needs; | 37559 |
| (e) Unless the individual is a hospice patient, that the | 37560 |
| individual's personal physician has determined that the skilled | 37561 |
| nursing care the individual needs is routine. | 37562 |
| (E) Notwithstanding any other provision of this chapter, a | 37563 |
| residential care facility in which residents receive skilled | 37564 |
| nursing care pursuant to this section is not a nursing home. | 37565 |
| Sec. 3721.02. (A) As used in this section, "residential | 37566 |
| facility" means a residential facility licensed under section | 37567 |
| 5119.22 of the Revised Code that provides accommodations, | 37568 |
| supervision, and personal care services for three to sixteen | 37569 |
| unrelated adults. | 37570 |
| (B) The director of health shall license homes and establish | 37571 |
| procedures to be followed in inspecting and licensing homes. The | 37572 |
| director may inspect a home at any time. Each home shall be | 37573 |
| inspected by the director at least once prior to the issuance of a | 37574 |
| license and at least once every fifteen months thereafter. The | 37575 |
| state fire marshal or a township, municipal, or other legally | 37576 |
| constituted fire department approved by the marshal shall also | 37577 |
| inspect a home prior to issuance of a license, at least once every | 37578 |
| fifteen months thereafter, and at any other time requested by the | 37579 |
| director. A home does not have to be inspected prior to issuance | 37580 |
| of a license by the director, state fire marshal, or a fire | 37581 |
| department if ownership of the home is assigned or transferred to | 37582 |
| a different person and the home was licensed under this chapter | 37583 |
| immediately prior to the assignment or transfer. The director may | 37584 |
| enter at any time, for the purposes of investigation, any | 37585 |
| institution, residence, facility, or other structure that has been | 37586 |
| reported to the director or that the director has reasonable cause | 37587 |
| to believe is operating as a nursing home, residential care | 37588 |
| facility, or home for the aging without a valid license required | 37589 |
| by section 3721.05 of the Revised Code or, in the case of a county | 37590 |
| home or district home, is operating despite the revocation of its | 37591 |
| residential care facility license. The director may delegate the | 37592 |
| director's authority and duties under this chapter to any | 37593 |
| division, bureau, agency, or official of the department of health. | 37594 |
| | 37595 |
|
home pursuant to this chapter and as | 37596 |
|
facility pursuant to
| 37597 |
| Code if the director determines that the part or unit to be | 37598 |
| licensed as a nursing home can be maintained separate and discrete | 37599 |
|
from the part or unit to be licensed as | 37600 |
| residential facility. | 37601 |
| | 37602 |
| the purpose of licensing, the director shall consider all the | 37603 |
| individuals for whom the home provides accommodations as one group | 37604 |
| unless one of the following is the case: | 37605 |
| (1) The home is a home for the aging, in which case all the | 37606 |
| individuals in the part or unit licensed as a nursing home shall | 37607 |
| be considered as one group, and all the individuals in the part or | 37608 |
| unit licensed as a rest home shall be considered as another group. | 37609 |
| (2) The home is both a nursing home and | 37610 |
| residential facility. In that case, all the individuals in the | 37611 |
| part or unit licensed as a nursing home shall be considered as one | 37612 |
| group, and all the individuals in the part or unit licensed as an | 37613 |
| adult care facility shall be considered as another group. | 37614 |
| (3) The home maintains, in addition to a nursing home or | 37615 |
| residential care facility, a separate and discrete part or unit | 37616 |
| that provides accommodations to individuals who do not require or | 37617 |
| receive skilled nursing care and do not receive personal care | 37618 |
| services from the home, in which case the individuals in the | 37619 |
| separate and discrete part or unit shall not be considered in | 37620 |
| determining the number of residents in the home if the separate | 37621 |
| and discrete part or unit is in compliance with the Ohio basic | 37622 |
| building code established by the board of building standards under | 37623 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 37624 |
| the director, on request, to inspect the separate and discrete | 37625 |
| part or unit and speak with the individuals residing there, if | 37626 |
| they consent, to determine whether the separate and discrete part | 37627 |
| or unit meets the requirements of this division. | 37628 |
| | 37629 |
| application fee and annual renewal licensing and inspection fee | 37630 |
| for each fifty persons or part thereof of a home's licensed | 37631 |
| capacity: | 37632 |
| (a) For state fiscal year 2010, two hundred twenty dollars; | 37633 |
| (b) For state fiscal year 2011, two hundred seventy dollars; | 37634 |
| (c) For each state fiscal year thereafter, three hundred | 37635 |
| twenty dollars. | 37636 |
| (2) All fees collected by the director for the issuance or | 37637 |
| renewal of licenses shall be deposited into the state treasury to | 37638 |
| the credit of the general operations fund created in section | 37639 |
| 3701.83 of the Revised Code for use only in administering and | 37640 |
| enforcing this chapter and rules adopted under it. | 37641 |
| | 37642 |
| results of an inspection or investigation of a home that is | 37643 |
| conducted under this section, including any statement of | 37644 |
| deficiencies and all findings and deficiencies cited in the | 37645 |
| statement on the basis of the inspection or investigation, shall | 37646 |
| be used solely to determine the home's compliance with this | 37647 |
| chapter or another chapter of the Revised Code in any action or | 37648 |
| proceeding other than an action commenced under division (I) of | 37649 |
| section 3721.17 of the Revised Code. Those results of an | 37650 |
| inspection or investigation, that statement of deficiencies, and | 37651 |
| the findings and deficiencies cited in that statement shall not be | 37652 |
| used in any court or in any action or proceeding that is pending | 37653 |
| in any court and are not admissible in evidence in any action or | 37654 |
| proceeding unless that action or proceeding is an appeal of an | 37655 |
| action by the department of health under this chapter or is an | 37656 |
| action by any department or agency of the state to enforce this | 37657 |
| chapter or another chapter of the Revised Code. | 37658 |
| (2) Nothing in division (E)(1) of this section prohibits the | 37659 |
| results of an inspection or investigation conducted under this | 37660 |
| section from being used in a criminal investigation or | 37661 |
| prosecution. | 37662 |
| Sec. 3721.03. (A) As used in this section, "person" has the | 37663 |
| same meaning as in section 1.59 of the Revised Code. | 37664 |
| (B) The director of health shall enforce the provisions of | 37665 |
| sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and | 37666 |
| may issue orders to secure compliance with the provisions of these | 37667 |
| sections and the rules adopted under them. The director may hold | 37668 |
| hearings, issue subpoenas, compel testimony, and make | 37669 |
| adjudications. | 37670 |
| The director may issue an order revoking a license in the | 37671 |
| event the director finds, upon hearing or opportunity afforded | 37672 |
| pursuant to Chapter 119. of the Revised Code, that any of the | 37673 |
| following apply to a person, county home, or district home | 37674 |
| licensed under section 3721.07 of the Revised Code: | 37675 |
| (1) Has violated any of the provisions of Chapter 3721. of | 37676 |
|
the Revised Code or rules adopted by the | 37677 |
| director under it; | 37678 |
| (2) Has violated any order issued by the director; | 37679 |
| (3) Is not, or any of its principals are not suitable, | 37680 |
| morally or financially to operate such an institution; | 37681 |
| (4) Is not furnishing humane, kind, and adequate treatment | 37682 |
| and care; | 37683 |
| (5) Has had a long-standing pattern of violations of this | 37684 |
| chapter or the rules adopted under it that has caused physical, | 37685 |
| emotional, mental, or psychosocial harm to one or more residents. | 37686 |
| Upon the issuance of any order of revocation, the person | 37687 |
| whose license is revoked, or the county home or district home that | 37688 |
| has its license revoked, may appeal in accordance with Chapter | 37689 |
| 119. of the Revised Code. | 37690 |
| (C) Once the director notifies a person, county home, or | 37691 |
| district home licensed to operate a home that the license may be | 37692 |
| revoked or issues any order under this section, the person, county | 37693 |
| home, or district home shall not assign or transfer to another | 37694 |
| person or entity the right to operate the home. This prohibition | 37695 |
| shall remain in effect until proceedings under Chapter 119. of the | 37696 |
| Revised Code concerning the order or license revocation have been | 37697 |
| concluded or the director notifies the person, county home, or | 37698 |
| district home that the prohibition has been lifted. | 37699 |
| If a license is revoked under this section, the former | 37700 |
| license holder shall not assign or transfer or consent to | 37701 |
| assignment or transfer of the right to operate the home. Any | 37702 |
| attempted assignment or transfer to another person or entity is | 37703 |
| void. | 37704 |
| On revocation of a license, the former licensee shall take | 37705 |
| all necessary steps to cease operation of the home. | 37706 |
| The director of health shall not accept a certificate of need | 37707 |
| application under section 3702.52 of the Revised Code regarding a | 37708 |
| home if the license to operate the home has been revoked under | 37709 |
| this section. | 37710 |
| Sec. 3721.032. The state fire marshal shall enforce all | 37711 |
| statutes and rules pertaining to fire safety in homes and shall | 37712 |
| adopt rules pertaining to fire safety in homes as the marshal | 37713 |
| determines necessary. The rules adopted by the marshal shall be in | 37714 |
| addition to those fire safety rules that the board of building | 37715 |
|
standards and the
| 37716 |
| to adopt. In the event of a dispute between the marshal and | 37717 |
| another officer having responsibilities under sections 3721.01 to | 37718 |
| 3721.09 of the Revised Code with respect to the interpretation or | 37719 |
| application of a specific fire safety statute or rule, the | 37720 |
| interpretation of the marshal shall prevail. | 37721 |
| Sec. 3721.04. (A) The | 37722 |
| shall adopt and publish rules governing the operation of homes, | 37723 |
| which shall have uniform application throughout the state, and | 37724 |
| shall prescribe standards for homes with respect to, but not | 37725 |
| limited to, the following matters: | 37726 |
| (1) The minimum space requirements for occupants and | 37727 |
| equipping of the buildings in which homes are housed so as to | 37728 |
| ensure healthful, safe, sanitary, and comfortable conditions for | 37729 |
| all residents, so long as they are not inconsistent with Chapters | 37730 |
| 3781. and 3791. of the Revised Code or with any rules adopted by | 37731 |
| the board of building standards and by the state fire marshal; | 37732 |
| (2) The number and qualifications of personnel, including | 37733 |
| management and nursing staff, for each class of home, and the | 37734 |
| qualifications of nurse aides, as defined in section 3721.21 of | 37735 |
| the Revised Code, used by long-term care facilities, as defined in | 37736 |
| that section; | 37737 |
| (3) The medical, rehabilitative, and recreational services to | 37738 |
| be provided by each class of home; | 37739 |
| (4) Dietetic services, including but not limited to | 37740 |
| sanitation, nutritional adequacy, and palatability of food; | 37741 |
| (5) The personal and social services to be provided by each | 37742 |
| class of home; | 37743 |
| (6) The business and accounting practices to be followed and | 37744 |
| the type of patient and business records to be kept by such homes; | 37745 |
| (7) The operation of adult day-care programs provided by and | 37746 |
| on the same site as homes licensed under this chapter; | 37747 |
| (8) The standards and procedures to be followed by | 37748 |
| residential care facilities in admitting and retaining a resident | 37749 |
| who requires the application of dressings, including requirements | 37750 |
| for charting and evaluating on a weekly basis; | 37751 |
| (9) The requirements for conducting weekly evaluations of | 37752 |
| residents receiving skilled nursing care in residential care | 37753 |
| facilities. | 37754 |
| (B) The | 37755 |
| additional rules are necessary to carry out or enforce the | 37756 |
| provisions of sections 3721.01 to 3721.09 and 3721.99 of the | 37757 |
| Revised Code. | 37758 |
| (C) The following apply to the | 37759 |
| when adopting rules under division (A)(1) of this section | 37760 |
| regarding the equipping of the buildings in which homes are | 37761 |
| housed: | 37762 |
| (1) The rules shall not require that each resident sleeping | 37763 |
| room, or a percentage of the resident sleeping rooms, have a | 37764 |
| bathtub or shower that is directly accessible from or exclusively | 37765 |
| for the room. | 37766 |
| (2) The rules shall require that the privacy and dignity of | 37767 |
| residents be protected when the residents are transported to and | 37768 |
| from bathing facilities, prepare for bathing, and bathe. | 37769 |
| (D) The following apply to the | 37770 |
| when adopting rules under division (A)(2) of this section | 37771 |
| regarding the number and qualifications of personnel in homes: | 37772 |
| (1) When adopting rules applicable to residential care | 37773 |
|
facilities, the | 37774 |
| consideration the effect that the following may have on the number | 37775 |
| of personnel needed: | 37776 |
| (a) Provision of personal care services; | 37777 |
| (b) Provision of part-time, intermittent skilled nursing care | 37778 |
| pursuant to division (C) of section 3721.011 of the Revised Code; | 37779 |
| (c) Provision of skilled nursing care to residents pursuant | 37780 |
| to division (D) of section 3721.011 of the Revised Code. | 37781 |
| (2) When adopting rules applicable to nursing homes, the | 37782 |
| 37783 | |
| do both of the following: | 37784 |
| (a) Have sufficient direct care staff on each shift to meet | 37785 |
| the needs of the residents in an appropriate and timely manner; | 37786 |
| (b) Have the following individuals provide a minimum daily | 37787 |
| average of two and one-half hours of direct care per resident: | 37788 |
| (i) Registered nurses, including registered nurses who | 37789 |
| perform administrative and supervisory duties; | 37790 |
| (ii) Licensed practical nurses, including licensed practical | 37791 |
| nurses who perform administrative and supervisory duties; | 37792 |
| (iii) Nurse aides. | 37793 |
| (3) The rules prescribing qualifications of nurse aides used | 37794 |
| by long-term care facilities, as those terms are defined in | 37795 |
| section 3721.21 of the Revised Code, shall be no less stringent | 37796 |
| than the requirements, guidelines, and procedures established by | 37797 |
| the United States secretary of health and human services under | 37798 |
| 37799 | |
| 101 Stat. | 37800 |
| amended, and section 1919 of the "Social Security Act," 101 Stat. | 37801 |
| 1330-182 (1987), 42 U.S.C. 1396r, as amended. | 37802 |
| (E) The following apply to the director when adopting rules | 37803 |
| under division (A)(2) of this section regarding the number and | 37804 |
| qualifications of personnel in nursing homes or rules under | 37805 |
| division (A)(5) of this section regarding social services to be | 37806 |
| provided by nursing homes: | 37807 |
| (1) The rules shall not prescribe the number of individuals | 37808 |
| licensed as social workers under Chapter 4757. of the Revised Code | 37809 |
| that a nursing home with one hundred twenty or fewer beds must | 37810 |
| employ. | 37811 |
| (2) The rules shall require each nursing home with more than | 37812 |
| one hundred twenty beds to employ on a full-time basis one | 37813 |
| individual licensed as a social worker under Chapter 4757. of the | 37814 |
| Revised Code. | 37815 |
| (3) The rules shall require each nursing home to offer its | 37816 |
| residents medically related social services that assist the | 37817 |
| residents in attaining or maintaining their highest practicable | 37818 |
| physical, mental, and psychosocial well-being. | 37819 |
| Sec. 3721.07. Every person desiring to operate a home and | 37820 |
| the superintendent or administrator of each county home or | 37821 |
| district home for which a license as a residential care facility | 37822 |
| is sought shall apply for a license to the director of health. The | 37823 |
| director shall issue a license for the home, if after | 37824 |
| investigation of the applicant and, if required by section 3721.02 | 37825 |
| of the Revised Code, inspection of the home, the following | 37826 |
| requirements or conditions are satisfied or complied with: | 37827 |
| (A) The applicant has not been convicted of a felony or a | 37828 |
| crime involving moral turpitude; | 37829 |
| (B) The applicant is not violating any of the rules | 37830 |
| adopted by the | 37831 |
|
issued by the director | 37832 |
| (C) The applicant has not had a license to operate the home | 37833 |
| revoked pursuant to section 3721.03 of the Revised Code because of | 37834 |
| any act or omission that jeopardized a resident's health, welfare, | 37835 |
| or safety nor has the applicant had a long-standing pattern of | 37836 |
| violations of this chapter or rules adopted under it that caused | 37837 |
| physical, emotional, mental, or psychosocial harm to one or more | 37838 |
| residents. | 37839 |
| (D) The buildings in which the home is housed have been | 37840 |
| approved by the state fire marshal or a township, municipal, or | 37841 |
| other legally constituted fire department approved by the marshal. | 37842 |
| In the approval of a home such agencies shall apply standards | 37843 |
| prescribed by the board of building standards, and by the state | 37844 |
| fire marshal, and by section 3721.071 of the Revised Code. | 37845 |
| (E) The applicant, if it is an individual, or the principal | 37846 |
| participants, if it is an association or a corporation, is or are | 37847 |
| suitable financially and morally to operate a home; | 37848 |
| (F) The applicant is equipped to furnish humane, kind, and | 37849 |
| adequate treatment and care; | 37850 |
| (G) The home does not maintain or contain: | 37851 |
| (1) Facilities for the performance of major surgical | 37852 |
| procedures; | 37853 |
| (2) Facilities for providing therapeutic radiation; | 37854 |
| (3) An emergency ward; | 37855 |
| (4) A clinical laboratory unless it is under the supervision | 37856 |
| of a clinical pathologist who is a licensed physician in this | 37857 |
| state; | 37858 |
| (5) Facilities for radiological examinations unless such | 37859 |
| examinations are performed only by a person licensed to practice | 37860 |
| medicine, surgery, or dentistry in this state. | 37861 |
| (H) The home does not accept or treat outpatients, except | 37862 |
| upon the written orders of a physician licensed in this state, | 37863 |
| maternity cases, boarding children, and does not house transient | 37864 |
| guests, other than participants in an adult day-care program, for | 37865 |
| twenty-four hours or less; | 37866 |
| (I) The home is in compliance with sections 3721.28 and | 37867 |
| 3721.29 of the Revised Code. | 37868 |
| When the director issues a license, the license shall remain | 37869 |
| in effect until revoked by the director or voided at the request | 37870 |
| of the applicant; provided, there shall be an annual renewal fee | 37871 |
| payable during the month of January of each calendar year. Any | 37872 |
| licensed home that does not pay its renewal fee in January shall | 37873 |
| pay, beginning the first day of February, a late fee of one | 37874 |
| hundred dollars for each week or part thereof that the renewal fee | 37875 |
| is not paid. If either the renewal fee or the late fee is not paid | 37876 |
| by the fifteenth day of February, the director may, in accordance | 37877 |
| with Chapter 119. of the Revised Code, revoke the home's license. | 37878 |
| If, under division (B)(5) of section 3721.03 of the Revised | 37879 |
| Code, the license of a person has been revoked or the license of a | 37880 |
| county home or district home to operate as a residential care | 37881 |
| facility has been revoked, the director of health shall not issue | 37882 |
| a license to the person or home at any time. A person whose | 37883 |
| license is revoked, and a county home or district home that has | 37884 |
| its license as a residential care facility revoked other than | 37885 |
| under division (B)(5) of section 3721.03 of the Revised Code, for | 37886 |
| any reason other than nonpayment of the license renewal fee or | 37887 |
| late fees shall not be issued a new license under this chapter | 37888 |
| until a period of one year following the date of revocation has | 37889 |
| elapsed. | 37890 |
| Any applicant who is denied a license may appeal in | 37891 |
| accordance with Chapter 119. of the Revised Code. | 37892 |
| Sec. 3721.071. The buildings in which a home is housed shall | 37893 |
| be equipped with both an automatic fire extinguishing system and | 37894 |
| fire alarm system. Such systems shall conform to standards set | 37895 |
| forth in the regulations of the board of building standards and | 37896 |
| the state fire marshal. | 37897 |
| The time for compliance with the requirements imposed by this | 37898 |
| section shall be January 1, 1975, except that the date for | 37899 |
| compliance with the automatic fire extinguishing requirements is | 37900 |
| extended to January 1, 1976, provided the buildings of the home | 37901 |
| are otherwise in compliance with fire safety laws and regulations | 37902 |
| and: | 37903 |
| (A) The home within thirty days after August 4, 1975, files a | 37904 |
| written plan with the state fire marshal's office that: | 37905 |
| (1) Outlines the interim safety procedures which shall be | 37906 |
| carried out to reduce the possibility of a fire; | 37907 |
| (2) Provides evidence that the home has entered into an | 37908 |
| agreement for a fire safety inspection to be conducted not less | 37909 |
| than monthly by a qualified independent safety engineer consultant | 37910 |
| or a township, municipal, or other legally constituted fire | 37911 |
| department, or by a township or municipal fire prevention officer; | 37912 |
| (3) Provides verification that the home has entered into a | 37913 |
| valid contract for the installation of an automatic fire | 37914 |
| extinguishing system or fire alarm system, or both, as required to | 37915 |
| comply with this section; | 37916 |
| (4) Includes a statement regarding the expected date for the | 37917 |
| completion of the fire extinguishing system or fire alarm system, | 37918 |
| or both. | 37919 |
| (B) Inspections by a qualified independent safety engineer | 37920 |
| consultant or a township, municipal, or other legally constituted | 37921 |
| fire department, or by a township or municipal fire prevention | 37922 |
| officer are initiated no later than sixty days after August 4, | 37923 |
| 1975, and are conducted no less than monthly thereafter, and | 37924 |
| reports of the consultant, fire department, or fire prevention | 37925 |
| officer identifying existing hazards and recommended corrective | 37926 |
| actions are submitted to the state fire marshal, the division of | 37927 |
| 37928 | |
| department of health. | 37929 |
| It is the express intent of the general assembly that the | 37930 |
| department of job and family services shall terminate payments | 37931 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 37932 |
| 42 U.S.C. 301, as amended, to those homes which do not comply with | 37933 |
| the requirements of this section for the submission of a written | 37934 |
| fire safety plan and the deadline for entering into contracts for | 37935 |
| the installation of systems. | 37936 |
| Sec. 3721.121. (A) As used in this section: | 37937 |
| (1) "Adult day-care program" means a program operated | 37938 |
|
pursuant to rules adopted by the | 37939 |
| under section 3721.04 of the Revised Code and provided by and on | 37940 |
| the same site as homes licensed under this chapter. | 37941 |
| (2) "Applicant" means a person who is under final | 37942 |
| consideration for employment with a home or adult day-care program | 37943 |
| in a full-time, part-time, or temporary position that involves | 37944 |
| providing direct care to an older adult. "Applicant" does not | 37945 |
| include a person who provides direct care as a volunteer without | 37946 |
| receiving or expecting to receive any form of remuneration other | 37947 |
| than reimbursement for actual expenses. | 37948 |
| (3) "Criminal records check" | 37949 |
|
same | 37950 |
| (4) "Home" means a home as defined in section 3721.10 of the | 37951 |
| Revised Code. | 37952 |
| (5) "Older adult" means a person age sixty or older. | 37953 |
| (B)(1) Except as provided in division (I) of this section, | 37954 |
| the chief administrator of a home or adult day-care program shall | 37955 |
| request that the superintendent of the bureau of criminal | 37956 |
| identification and investigation conduct a criminal records check | 37957 |
| 37958 | |
| criminal records check request is required under this division | 37959 |
| does not present proof of having been a resident of this state for | 37960 |
| the five-year period immediately prior to the date the criminal | 37961 |
| records check is requested or provide evidence that within that | 37962 |
| five-year period the superintendent has requested information | 37963 |
| about the applicant from the federal bureau of investigation in a | 37964 |
| criminal records check, the chief administrator shall request that | 37965 |
| the superintendent obtain information from the federal bureau of | 37966 |
| investigation as part of the criminal records check of the | 37967 |
| applicant. Even if an applicant for whom a criminal records check | 37968 |
| request is required under this division presents proof of having | 37969 |
| been a resident of this state for the five-year period, the chief | 37970 |
| administrator may request that the superintendent include | 37971 |
| information from the federal bureau of investigation in the | 37972 |
| criminal records check. | 37973 |
| (2) A person required by division (B)(1) of this section to | 37974 |
| request a criminal records check shall do both of the following: | 37975 |
| (a) Provide to each applicant for whom a criminal records | 37976 |
| check request is required under that division a copy of the form | 37977 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 37978 |
| Revised Code and a standard fingerprint impression sheet | 37979 |
| prescribed pursuant to division (C)(2) of that section, and obtain | 37980 |
| the completed form and impression sheet from the applicant; | 37981 |
| (b) Forward the completed form and impression sheet to the | 37982 |
| superintendent of the bureau of criminal identification and | 37983 |
| investigation. | 37984 |
| (3) An applicant provided the form and fingerprint impression | 37985 |
| sheet under division (B)(2)(a) of this section who fails to | 37986 |
| complete the form or provide fingerprint impressions shall not be | 37987 |
| employed in any position for which a criminal records check is | 37988 |
| required by this section. | 37989 |
| (C)(1) Except as provided in rules adopted by the director of | 37990 |
| health in accordance with division (F) of this section and subject | 37991 |
| to division (C)(2) of this section, no home or adult day-care | 37992 |
| program shall employ a person in a position that involves | 37993 |
| providing direct care to an older adult if the person has been | 37994 |
| convicted of or pleaded guilty to any of the following: | 37995 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 37996 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 37997 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 37998 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 37999 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 38000 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 38001 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 38002 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 38003 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code. | 38004 |
| (b) A violation of an existing or former law of this state, | 38005 |
| any other state, or the United States that is substantially | 38006 |
| equivalent to any of the offenses listed in division (C)(1)(a) of | 38007 |
| this section. | 38008 |
| (2)(a) A home or an adult day-care program may employ | 38009 |
| conditionally an applicant for whom a criminal records check | 38010 |
| request is required under division (B) of this section prior to | 38011 |
| obtaining the results of a criminal records check regarding the | 38012 |
| individual, provided that the home or program shall request a | 38013 |
| criminal records check regarding the individual in accordance with | 38014 |
| division (B)(1) of this section not later than five business days | 38015 |
| after the individual begins conditional employment. In the | 38016 |
| circumstances described in division (I)(2) of this section, a home | 38017 |
| or adult day-care program may employ conditionally an applicant | 38018 |
| who has been referred to the home or adult day-care program by an | 38019 |
| employment service that supplies full-time, part-time, or | 38020 |
| temporary staff for positions involving the direct care of older | 38021 |
| adults and for whom, pursuant to that division, a criminal records | 38022 |
| check is not required under division (B) of this section. | 38023 |
| (b) A home or adult day-care program that employs an | 38024 |
| individual conditionally under authority of division (C)(2)(a) of | 38025 |
| this section shall terminate the individual's employment if the | 38026 |
| results of the criminal records check requested under division (B) | 38027 |
| of this section or described in division (I)(2) of this section, | 38028 |
| other than the results of any request for information from the | 38029 |
| federal bureau of investigation, are not obtained within the | 38030 |
| period ending thirty days after the date the request is made. | 38031 |
| Regardless of when the results of the criminal records check are | 38032 |
| obtained, if the results indicate that the individual has been | 38033 |
| convicted of or pleaded guilty to any of the offenses listed or | 38034 |
| described in division (C)(1) of this section, the home or program | 38035 |
| shall terminate the individual's employment unless the home or | 38036 |
| program chooses to employ the individual pursuant to division (F) | 38037 |
| of this section. Termination of employment under this division | 38038 |
| shall be considered just cause for discharge for purposes of | 38039 |
| division (D)(2) of section 4141.29 of the Revised Code if the | 38040 |
| individual makes any attempt to deceive the home or program about | 38041 |
| the individual's criminal record. | 38042 |
| (D)(1) Each home or adult day-care program shall pay to the | 38043 |
| bureau of criminal identification and investigation the fee | 38044 |
| prescribed pursuant to division (C)(3) of section 109.572 of the | 38045 |
| Revised Code for each criminal records check conducted pursuant to | 38046 |
| a request made under division (B) of this section. | 38047 |
| (2) A home or adult day-care program may charge an applicant | 38048 |
| a fee not exceeding the amount the home or program pays under | 38049 |
| division (D)(1) of this section. A home or program may collect a | 38050 |
| fee only if both of the following apply: | 38051 |
| (a) The home or program notifies the person at the time of | 38052 |
| initial application for employment of the amount of the fee and | 38053 |
| that, unless the fee is paid, the person will not be considered | 38054 |
| for employment; | 38055 |
| (b) The medical assistance program established under Chapter | 38056 |
| 5111. of the Revised Code does not reimburse the home or program | 38057 |
| the fee it pays under division (D)(1) of this section. | 38058 |
| (E) The report of any criminal records check conducted | 38059 |
| pursuant to a request made under this section is not a public | 38060 |
| record for the purposes of section 149.43 of the Revised Code and | 38061 |
| shall not be made available to any person other than the | 38062 |
| following: | 38063 |
| (1) The individual who is the subject of the criminal records | 38064 |
| check or the individual's representative; | 38065 |
| (2) The chief administrator of the home or program requesting | 38066 |
| the criminal records check or the administrator's representative; | 38067 |
| (3) The administrator of any other facility, agency, or | 38068 |
| program that provides direct care to older adults that is owned or | 38069 |
| operated by the same entity that owns or operates the home or | 38070 |
| program; | 38071 |
| (4) A court, hearing officer, or other necessary individual | 38072 |
| involved in a case dealing with a denial of employment of the | 38073 |
| applicant or dealing with employment or unemployment benefits of | 38074 |
| the applicant; | 38075 |
| (5) Any person to whom the report is provided pursuant to, | 38076 |
| and in accordance with, division (I)(1) or (2) of this section; | 38077 |
| (6) The board of nursing for purposes of accepting and | 38078 |
| processing an application for a medication aide certificate issued | 38079 |
| under Chapter 4723. of the Revised Code. | 38080 |
| (F) In accordance with section 3721.11 of the Revised Code, | 38081 |
| the director of health shall adopt rules to implement this | 38082 |
| section. The rules shall specify circumstances under which a home | 38083 |
| or adult day-care program may employ a person who has been | 38084 |
| convicted of or pleaded guilty to an offense listed or described | 38085 |
| in division (C)(1) of this section but meets personal character | 38086 |
| standards set by the director. | 38087 |
| (G) The chief administrator of a home or adult day-care | 38088 |
| program shall inform each individual, at the time of initial | 38089 |
| application for a position that involves providing direct care to | 38090 |
| an older adult, that the individual is required to provide a set | 38091 |
| of fingerprint impressions and that a criminal records check is | 38092 |
| required to be conducted if the individual comes under final | 38093 |
| consideration for employment. | 38094 |
| (H) In a tort or other civil action for damages that is | 38095 |
| brought as the result of an injury, death, or loss to person or | 38096 |
| property caused by an individual who a home or adult day-care | 38097 |
| program employs in a position that involves providing direct care | 38098 |
| to older adults, all of the following shall apply: | 38099 |
| (1) If the home or program employed the individual in good | 38100 |
| faith and reasonable reliance on the report of a criminal records | 38101 |
| check requested under this section, the home or program shall not | 38102 |
| be found negligent solely because of its reliance on the report, | 38103 |
| even if the information in the report is determined later to have | 38104 |
| been incomplete or inaccurate; | 38105 |
| (2) If the home or program employed the individual in good | 38106 |
| faith on a conditional basis pursuant to division (C)(2) of this | 38107 |
| section, the home or program shall not be found negligent solely | 38108 |
| because it employed the individual prior to receiving the report | 38109 |
| of a criminal records check requested under this section; | 38110 |
| (3) If the home or program in good faith employed the | 38111 |
| individual according to the personal character standards | 38112 |
| established in rules adopted under division (F) of this section, | 38113 |
| the home or program shall not be found negligent solely because | 38114 |
| the individual prior to being employed had been convicted of or | 38115 |
| pleaded guilty to an offense listed or described in division | 38116 |
| (C)(1) of this section. | 38117 |
| (I)(1) The chief administrator of a home or adult day-care | 38118 |
| program is not required to request that the superintendent of the | 38119 |
| bureau of criminal identification and investigation conduct a | 38120 |
| criminal records check of an applicant if the applicant has been | 38121 |
| referred to the home or program by an employment service that | 38122 |
| supplies full-time, part-time, or temporary staff for positions | 38123 |
| involving the direct care of older adults and both of the | 38124 |
| following apply: | 38125 |
| (a) The chief administrator receives from the employment | 38126 |
| service or the applicant a report of the results of a criminal | 38127 |
| records check regarding the applicant that has been conducted by | 38128 |
| the superintendent within the one-year period immediately | 38129 |
| preceding the applicant's referral; | 38130 |
| (b) The report of the criminal records check demonstrates | 38131 |
| that the person has not been convicted of or pleaded guilty to an | 38132 |
| offense listed or described in division (C)(1) of this section, or | 38133 |
| the report demonstrates that the person has been convicted of or | 38134 |
| pleaded guilty to one or more of those offenses, but the home or | 38135 |
| adult day-care program chooses to employ the individual pursuant | 38136 |
| to division (F) of this section. | 38137 |
| (2) The chief administrator of a home or adult day-care | 38138 |
| program is not required to request that the superintendent of the | 38139 |
| bureau of criminal identification and investigation conduct a | 38140 |
| criminal records check of an applicant and may employ the | 38141 |
| applicant conditionally as described in this division, if the | 38142 |
| applicant has been referred to the home or program by an | 38143 |
| employment service that supplies full-time, part-time, or | 38144 |
| temporary staff for positions involving the direct care of older | 38145 |
| adults and if the chief administrator receives from the employment | 38146 |
| service or the applicant a letter from the employment service that | 38147 |
| is on the letterhead of the employment service, dated, and signed | 38148 |
| by a supervisor or another designated official of the employment | 38149 |
| service and that states that the employment service has requested | 38150 |
| the superintendent to conduct a criminal records check regarding | 38151 |
| the applicant, that the requested criminal records check will | 38152 |
| include a determination of whether the applicant has been | 38153 |
| convicted of or pleaded guilty to any offense listed or described | 38154 |
| in division (C)(1) of this section, that, as of the date set forth | 38155 |
| on the letter, the employment service had not received the results | 38156 |
| of the criminal records check, and that, when the employment | 38157 |
| service receives the results of the criminal records check, it | 38158 |
| promptly will send a copy of the results to the home or adult | 38159 |
| day-care program. If a home or adult day-care program employs an | 38160 |
| applicant conditionally in accordance with this division, the | 38161 |
| employment service, upon its receipt of the results of the | 38162 |
| criminal records check, promptly shall send a copy of the results | 38163 |
| to the home or adult day-care program, and division (C)(2)(b) of | 38164 |
| this section applies regarding the conditional employment. | 38165 |
| Sec. 3721.13. (A) The rights of residents of a home shall | 38166 |
| include, but are not limited to, the following: | 38167 |
| (1) The right to a safe and clean living environment pursuant | 38168 |
| to the medicare and medicaid programs and applicable state laws | 38169 |
|
and | 38170 |
|
health
| 38171 |
| (2) The right to be free from physical, verbal, mental, and | 38172 |
| emotional abuse and to be treated at all times with courtesy, | 38173 |
| respect, and full recognition of dignity and individuality; | 38174 |
| (3) Upon admission and thereafter, the right to adequate and | 38175 |
| appropriate medical treatment and nursing care and to other | 38176 |
| ancillary services that comprise necessary and appropriate care | 38177 |
| consistent with the program for which the resident contracted. | 38178 |
| This care shall be provided without regard to considerations such | 38179 |
| as race, color, religion, national origin, age, or source of | 38180 |
| payment for care. | 38181 |
| (4) The right to have all reasonable requests and inquiries | 38182 |
| responded to promptly; | 38183 |
| (5) The right to have clothes and bed sheets changed as the | 38184 |
| need arises, to ensure the resident's comfort or sanitation; | 38185 |
| (6) The right to obtain from the home, upon request, the name | 38186 |
| and any specialty of any physician or other person responsible for | 38187 |
| the resident's care or for the coordination of care; | 38188 |
| (7) The right, upon request, to be assigned, within the | 38189 |
| capacity of the home to make the assignment, to the staff | 38190 |
| physician of the resident's choice, and the right, in accordance | 38191 |
| with the rules and written policies and procedures of the home, to | 38192 |
| select as the attending physician a physician who is not on the | 38193 |
| staff of the home. If the cost of a physician's services is to be | 38194 |
| met under a federally supported program, the physician shall meet | 38195 |
| the federal laws and regulations governing such services. | 38196 |
| (8) The right to participate in decisions that affect the | 38197 |
| resident's life, including the right to communicate with the | 38198 |
| physician and employees of the home in planning the resident's | 38199 |
| treatment or care and to obtain from the attending physician | 38200 |
| complete and current information concerning medical condition, | 38201 |
| prognosis, and treatment plan, in terms the resident can | 38202 |
| reasonably be expected to understand; the right of access to all | 38203 |
| information in the resident's medical record; and the right to | 38204 |
| give or withhold informed consent for treatment after the | 38205 |
| consequences of that choice have been carefully explained. When | 38206 |
| the attending physician finds that it is not medically advisable | 38207 |
| to give the information to the resident, the information shall be | 38208 |
| made available to the resident's sponsor on the resident's behalf, | 38209 |
| if the sponsor has a legal interest or is authorized by the | 38210 |
| resident to receive the information. The home is not liable for a | 38211 |
| violation of this division if the violation is found to be the | 38212 |
| result of an act or omission on the part of a physician selected | 38213 |
| by the resident who is not otherwise affiliated with the home. | 38214 |
| (9) The right to withhold payment for physician visitation if | 38215 |
| the physician did not visit the resident; | 38216 |
| (10) The right to confidential treatment of personal and | 38217 |
| medical records, and the right to approve or refuse the release of | 38218 |
| these records to any individual outside the home, except in case | 38219 |
| of transfer to another home, hospital, or health care system, as | 38220 |
| required by law or rule, or as required by a third-party payment | 38221 |
| contract; | 38222 |
| (11) The right to privacy during medical examination or | 38223 |
| treatment and in the care of personal or bodily needs; | 38224 |
| (12) The right to refuse, without jeopardizing access to | 38225 |
| appropriate medical care, to serve as a medical research subject; | 38226 |
| (13) The right to be free from physical or chemical | 38227 |
| restraints or prolonged isolation except to the minimum extent | 38228 |
| necessary to protect the resident from injury to self, others, or | 38229 |
| to property and except as authorized in writing by the attending | 38230 |
| physician for a specified and limited period of time and | 38231 |
| documented in the resident's medical record. Prior to authorizing | 38232 |
| the use of a physical or chemical restraint on any resident, the | 38233 |
| attending physician shall make a personal examination of the | 38234 |
| resident and an individualized determination of the need to use | 38235 |
| the restraint on that resident. | 38236 |
| Physical or chemical restraints or isolation may be used in | 38237 |
| an emergency situation without authorization of the attending | 38238 |
| physician only to protect the resident from injury to self or | 38239 |
| others. Use of the physical or chemical restraints or isolation | 38240 |
| shall not be continued for more than twelve hours after the onset | 38241 |
| of the emergency without personal examination and authorization by | 38242 |
| the attending physician. The attending physician or a staff | 38243 |
| physician may authorize continued use of physical or chemical | 38244 |
| restraints for a period not to exceed thirty days, and at the end | 38245 |
| of this period and any subsequent period may extend the | 38246 |
| authorization for an additional period of not more than thirty | 38247 |
| days. The use of physical or chemical restraints shall not be | 38248 |
| continued without a personal examination of the resident and the | 38249 |
| written authorization of the attending physician stating the | 38250 |
| reasons for continuing the restraint. | 38251 |
| If physical or chemical restraints are used under this | 38252 |
| division, the home shall ensure that the restrained resident | 38253 |
| receives a proper diet. In no event shall physical or chemical | 38254 |
| restraints or isolation be used for punishment, incentive, or | 38255 |
| convenience. | 38256 |
| (14) The right to the pharmacist of the resident's choice and | 38257 |
| the right to receive pharmaceutical supplies and services at | 38258 |
| reasonable prices not exceeding applicable and normally accepted | 38259 |
| prices for comparably packaged pharmaceutical supplies and | 38260 |
| services within the community; | 38261 |
| (15) The right to exercise all civil rights, unless the | 38262 |
| resident has been adjudicated incompetent pursuant to Chapter | 38263 |
| 2111. of the Revised Code and has not been restored to legal | 38264 |
| capacity, as well as the right to the cooperation of the home's | 38265 |
| administrator in making arrangements for the exercise of the right | 38266 |
| to vote; | 38267 |
| (16) The right of access to opportunities that enable the | 38268 |
| resident, at the resident's own expense or at the expense of a | 38269 |
| third-party payer, to achieve the resident's fullest potential, | 38270 |
| including educational, vocational, social, recreational, and | 38271 |
| habilitation programs; | 38272 |
| (17) The right to consume a reasonable amount of alcoholic | 38273 |
| beverages at the resident's own expense, unless not medically | 38274 |
| advisable as documented in the resident's medical record by the | 38275 |
| attending physician or unless contradictory to written admission | 38276 |
| policies; | 38277 |
| (18) The right to use tobacco at the resident's own expense | 38278 |
| under the home's safety rules and under applicable laws and rules | 38279 |
| of the state, unless not medically advisable as documented in the | 38280 |
| resident's medical record by the attending physician or unless | 38281 |
| contradictory to written admission policies; | 38282 |
| (19) The right to retire and rise in accordance with the | 38283 |
| resident's reasonable requests, if the resident does not disturb | 38284 |
| others or the posted meal schedules and upon the home's request | 38285 |
| remains in a supervised area, unless not medically advisable as | 38286 |
| documented by the attending physician; | 38287 |
| (20) The right to observe religious obligations and | 38288 |
| participate in religious activities; the right to maintain | 38289 |
| individual and cultural identity; and the right to meet with and | 38290 |
| participate in activities of social and community groups at the | 38291 |
| resident's or the group's initiative; | 38292 |
| (21) The right upon reasonable request to private and | 38293 |
| unrestricted communications with the resident's family, social | 38294 |
| worker, and any other person, unless not medically advisable as | 38295 |
| documented in the resident's medical record by the attending | 38296 |
| physician, except that communications with public officials or | 38297 |
| with the resident's attorney or physician shall not be restricted. | 38298 |
| Private and unrestricted communications shall include, but are not | 38299 |
| limited to, the right to: | 38300 |
| (a) Receive, send, and mail sealed, unopened correspondence; | 38301 |
| (b) Reasonable access to a telephone for private | 38302 |
| communications; | 38303 |
| (c) Private visits at any reasonable hour. | 38304 |
| (22) The right to assured privacy for visits by the spouse, | 38305 |
| or if both are residents of the same home, the right to share a | 38306 |
| room within the capacity of the home, unless not medically | 38307 |
| advisable as documented in the resident's medical record by the | 38308 |
| attending physician; | 38309 |
| (23) The right upon reasonable request to have room doors | 38310 |
| closed and to have them not opened without knocking, except in the | 38311 |
| case of an emergency or unless not medically advisable as | 38312 |
| documented in the resident's medical record by the attending | 38313 |
| physician; | 38314 |
| (24) The right to retain and use personal clothing and a | 38315 |
| reasonable amount of possessions, in a reasonably secure manner, | 38316 |
| unless to do so would infringe on the rights of other residents or | 38317 |
| would not be medically advisable as documented in the resident's | 38318 |
| medical record by the attending physician; | 38319 |
| (25) The right to be fully informed, prior to or at the time | 38320 |
| of admission and during the resident's stay, in writing, of the | 38321 |
| basic rate charged by the home, of services available in the home, | 38322 |
| and of any additional charges related to such services, including | 38323 |
| charges for services not covered under the medicare or medicaid | 38324 |
| program. The basic rate shall not be changed unless thirty days' | 38325 |
| notice is given to the resident or, if the resident is unable to | 38326 |
| understand this information, to the resident's sponsor. | 38327 |
| (26) The right of the resident and person paying for the care | 38328 |
| to examine and receive a bill at least monthly for the resident's | 38329 |
| care from the home that itemizes charges not included in the basic | 38330 |
| rates; | 38331 |
| (27)(a) The right to be free from financial exploitation; | 38332 |
| (b) The right to manage the resident's own personal financial | 38333 |
| affairs, or, if the resident has delegated this responsibility in | 38334 |
| writing to the home, to receive upon written request at least a | 38335 |
| quarterly accounting statement of financial transactions made on | 38336 |
| the resident's behalf. The statement shall include: | 38337 |
| (i) A complete record of all funds, personal property, or | 38338 |
| possessions of a resident from any source whatsoever, that have | 38339 |
| been deposited for safekeeping with the home for use by the | 38340 |
| resident or the resident's sponsor; | 38341 |
| (ii) A listing of all deposits and withdrawals transacted, | 38342 |
| which shall be substantiated by receipts which shall be available | 38343 |
| for inspection and copying by the resident or sponsor. | 38344 |
| (28) The right of the resident to be allowed unrestricted | 38345 |
| access to the resident's property on deposit at reasonable hours, | 38346 |
| unless requests for access to property on deposit are so | 38347 |
| persistent, continuous, and unreasonable that they constitute a | 38348 |
| nuisance; | 38349 |
| (29) The right to receive reasonable notice before the | 38350 |
| resident's room or roommate is changed, including an explanation | 38351 |
| of the reason for either change. | 38352 |
| (30) The right not to be transferred or discharged from the | 38353 |
| home unless the transfer is necessary because of one of the | 38354 |
| following: | 38355 |
| (a) The welfare and needs of the resident cannot be met in | 38356 |
| the home. | 38357 |
| (b) The resident's health has improved sufficiently so that | 38358 |
| the resident no longer needs the services provided by the home. | 38359 |
| (c) The safety of individuals in the home is endangered. | 38360 |
| (d) The health of individuals in the home would otherwise be | 38361 |
| endangered. | 38362 |
| (e) The resident has failed, after reasonable and appropriate | 38363 |
| notice, to pay or to have the medicare or medicaid program pay on | 38364 |
| the resident's behalf, for the care provided by the home. A | 38365 |
| resident shall not be considered to have failed to have the | 38366 |
| resident's care paid for if the resident has applied for medicaid, | 38367 |
| unless both of the following are the case: | 38368 |
| (i) The resident's application, or a substantially similar | 38369 |
| previous application, has been denied by the county department of | 38370 |
| job and family services. | 38371 |
| (ii) If the resident appealed the denial pursuant to division | 38372 |
| (C) of section 5101.35 of the Revised Code, the director of job | 38373 |
| and family services has upheld the denial. | 38374 |
| (f) The home's license has been revoked, the home is being | 38375 |
| closed pursuant to section 3721.08, sections 5111.35 to 5111.62, | 38376 |
| or section 5155.31 of the Revised Code, or the home otherwise | 38377 |
| ceases to operate. | 38378 |
| (g) The resident is a recipient of medicaid, and the home's | 38379 |
| participation in the medicaid program is involuntarily terminated | 38380 |
| or denied. | 38381 |
| (h) The resident is a beneficiary under the medicare program, | 38382 |
| and the home's participation in the medicare program is | 38383 |
| involuntarily terminated or denied. | 38384 |
| (31) The right to voice grievances and recommend changes in | 38385 |
| policies and services to the home's staff, to employees of the | 38386 |
| department of health, or to other persons not associated with the | 38387 |
| operation of the home, of the resident's choice, free from | 38388 |
| restraint, interference, coercion, discrimination, or reprisal. | 38389 |
| This right includes access to a residents' rights advocate, and | 38390 |
| the right to be a member of, to be active in, and to associate | 38391 |
| with persons who are active in organizations of relatives and | 38392 |
| friends of nursing home residents and other organizations engaged | 38393 |
| in assisting residents. | 38394 |
| (32) The right to have any significant change in the | 38395 |
| resident's health status reported to the resident's sponsor. As | 38396 |
| soon as such a change is known to the home's staff, the home shall | 38397 |
| make a reasonable effort to notify the sponsor within twelve | 38398 |
| hours. | 38399 |
| (B) A sponsor may act on a resident's behalf to assure that | 38400 |
| the home does not deny the residents' rights under sections | 38401 |
| 3721.10 to 3721.17 of the Revised Code. | 38402 |
| (C) Any attempted waiver of the rights listed in division (A) | 38403 |
| of this section is void. | 38404 |
| Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the | 38405 |
| Revised Code: | 38406 |
| (A) "Long-term care facility" means either of the following: | 38407 |
| (1) A nursing home as defined in section 3721.01 of the | 38408 |
|
Revised Code | 38409 |
| 38410 | |
| 38411 | |
| 38412 |
| (2) A facility or part of a facility that is certified as a | 38413 |
| skilled nursing facility or a nursing facility under Title XVIII | 38414 |
| or XIX of the "Social Security Act." | 38415 |
| (B) "Residential care facility" has the same meaning as in | 38416 |
| section 3721.01 of the Revised Code. | 38417 |
| (C) "Abuse" means knowingly causing physical harm or | 38418 |
| recklessly causing serious physical harm to a resident by physical | 38419 |
| contact with the resident or by use of physical or chemical | 38420 |
| restraint, medication, or isolation as punishment, for staff | 38421 |
| convenience, excessively, as a substitute for treatment, or in | 38422 |
| amounts that preclude habilitation and treatment. | 38423 |
| (D) "Neglect" means recklessly failing to provide a resident | 38424 |
| with any treatment, care, goods, or service necessary to maintain | 38425 |
| the health or safety of the resident when the failure results in | 38426 |
| serious physical harm to the resident. "Neglect" does not include | 38427 |
| allowing a resident, at the resident's option, to receive only | 38428 |
| treatment by spiritual means through prayer in accordance with the | 38429 |
| tenets of a recognized religious denomination. | 38430 |
| (E) "Misappropriation" means depriving, defrauding, or | 38431 |
| otherwise obtaining the real or personal property of a resident by | 38432 |
| any means prohibited by the Revised Code, including violations of | 38433 |
| Chapter 2911. or 2913. of the Revised Code. | 38434 |
| (F) "Resident" includes a resident, patient, former resident | 38435 |
| or patient, or deceased resident or patient of a long-term care | 38436 |
| facility or a residential care facility. | 38437 |
| (G) "Physical restraint" has the same meaning as in section | 38438 |
| 3721.10 of the Revised Code. | 38439 |
| (H) "Chemical restraint" has the same meaning as in section | 38440 |
| 3721.10 of the Revised Code. | 38441 |
| (I) "Nursing and nursing-related services" means the personal | 38442 |
| care services and other services not constituting skilled nursing | 38443 |
|
care that are specified in rules the | 38444 |
| 38445 | |
| Code. | 38446 |
| (J) "Personal care services" has the same meaning as in | 38447 |
| section 3721.01 of the Revised Code. | 38448 |
| (K)(1) Except as provided in division (K)(2) of this section, | 38449 |
| "nurse aide" means an individual who provides nursing and | 38450 |
| nursing-related services to residents in a long-term care | 38451 |
| facility, either as a member of the staff of the facility for | 38452 |
| monetary compensation or as a volunteer without monetary | 38453 |
| compensation. | 38454 |
| (2) "Nurse aide" does not include either of the following: | 38455 |
| (a) A licensed health professional practicing within the | 38456 |
| scope of the professional's license; | 38457 |
| (b) An individual providing nursing and nursing-related | 38458 |
| services in a religious nonmedical health care institution, if the | 38459 |
| individual has been trained in the principles of nonmedical care | 38460 |
| and is recognized by the institution as being competent in the | 38461 |
| administration of care within the religious tenets practiced by | 38462 |
| the residents of the institution. | 38463 |
| (L) "Licensed health professional" means all of the | 38464 |
| following: | 38465 |
| (1) An occupational therapist or occupational therapy | 38466 |
| assistant licensed under Chapter 4755. of the Revised Code; | 38467 |
| (2) A physical therapist or physical therapy assistant | 38468 |
| licensed under Chapter 4755. of the Revised Code; | 38469 |
| (3) A physician authorized under Chapter 4731. of the Revised | 38470 |
| Code to practice medicine and surgery, osteopathic medicine and | 38471 |
| surgery, or podiatry; | 38472 |
| (4) A physician assistant authorized under Chapter 4730. of | 38473 |
| the Revised Code to practice as a physician assistant; | 38474 |
| (5) A registered nurse or licensed practical nurse licensed | 38475 |
| under Chapter 4723. of the Revised Code; | 38476 |
| (6) A social worker or independent social worker licensed | 38477 |
| under Chapter 4757. of the Revised Code or a social work assistant | 38478 |
| registered under that chapter; | 38479 |
| (7) A speech-language pathologist or audiologist licensed | 38480 |
| under Chapter 4753. of the Revised Code; | 38481 |
| (8) A dentist or dental hygienist licensed under Chapter | 38482 |
| 4715. of the Revised Code; | 38483 |
| (9) An optometrist licensed under Chapter 4725. of the | 38484 |
| Revised Code; | 38485 |
| (10) A pharmacist licensed under Chapter 4729. of the Revised | 38486 |
| Code; | 38487 |
| (11) A psychologist licensed under Chapter 4732. of the | 38488 |
| Revised Code; | 38489 |
| (12) A chiropractor licensed under Chapter 4734. of the | 38490 |
| Revised Code; | 38491 |
| (13) A nursing home administrator licensed or temporarily | 38492 |
| licensed under Chapter 4751. of the Revised Code; | 38493 |
| (14) A professional counselor or professional clinical | 38494 |
| counselor licensed under Chapter 4757. of the Revised Code. | 38495 |
| (M) "Religious nonmedical health care institution" means an | 38496 |
| institution that meets or exceeds the conditions to receive | 38497 |
| payment under the medicare program established under Title XVIII | 38498 |
| of the "Social Security Act" for inpatient hospital services or | 38499 |
| post-hospital extended care services furnished to an individual in | 38500 |
| a religious nonmedical health care institution, as defined in | 38501 |
| section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 | 38502 |
| (1965), 42 U.S.C. 1395x(ss)(1), as amended. | 38503 |
| (N) "Competency evaluation program" means a program through | 38504 |
| which the competency of a nurse aide to provide nursing and | 38505 |
| nursing-related services is evaluated. | 38506 |
| (O) "Training and competency evaluation program" means a | 38507 |
| program of nurse aide training and evaluation of competency to | 38508 |
| provide nursing and nursing-related services. | 38509 |
| Sec. 3721.28. (A)(1) Each nurse aide used by a long-term | 38510 |
| care facility on a full-time, temporary, per diem, or other basis | 38511 |
| on July 1, 1989, shall be provided by the facility a competency | 38512 |
| evaluation program approved by the director of health under | 38513 |
| division (A) of section 3721.31 of the Revised Code or conducted | 38514 |
|
by | 38515 |
| long-term care facility using a nurse aide on July 1, 1989, shall | 38516 |
| provide the nurse aide the preparation necessary to complete the | 38517 |
| competency evaluation program by January 1, 1990. | 38518 |
| (2) Each nurse aide used by a long-term care facility on a | 38519 |
| full-time, temporary, per diem, or other basis on January 1, 1990, | 38520 |
| who either was not used by the facility on July 1, 1989, or was | 38521 |
| used by the facility on July 1, 1989, but had not successfully | 38522 |
| completed a competency evaluation program by January 1, 1990, | 38523 |
| shall be provided by the facility a competency evaluation program | 38524 |
| approved by the director under division (A) of section 3721.31 of | 38525 |
|
the Revised Code or conducted by | 38526 |
| (C) of that section. Each long-term care facility using a nurse | 38527 |
| aide described in division (A)(2) of this section shall provide | 38528 |
| the nurse aide the preparation necessary to complete the | 38529 |
| competency evaluation program by October 1, 1990, and shall assist | 38530 |
| the nurse aide in registering for the program. | 38531 |
| (B) Effective June 1, 1990, no long-term care facility shall | 38532 |
| use an individual as a nurse aide for more than four months unless | 38533 |
|
the individual is competent to provide the services | 38534 |
| individual is to provide, the facility has received from the nurse | 38535 |
| aide registry established under section 3721.32 of the Revised | 38536 |
| Code the information concerning the individual provided through | 38537 |
| the registry, and one of the following is the case: | 38538 |
| (1) The individual was used by a facility as a nurse aide on | 38539 |
| a full-time, temporary, per diem, or other basis at any time | 38540 |
| during the period commencing July 1, 1989, and ending January 1, | 38541 |
| 1990, and successfully completed, not later than October 1, 1990, | 38542 |
| a competency evaluation program approved by the director under | 38543 |
| division (A) of section 3721.31 of the Revised Code or conducted | 38544 |
|
by | 38545 |
| (2) The individual has successfully completed a training and | 38546 |
| competency evaluation program approved by the director under | 38547 |
| division (A) of section 3721.31 of the Revised Code or conducted | 38548 |
|
by | 38549 |
| the conditions specified in division (F) of this section and, in | 38550 |
| addition, if the training and competency evaluation program or the | 38551 |
| training, instruction, or education the individual completed in | 38552 |
| meeting the conditions specified in division (F) of this section | 38553 |
| was conducted by or in a long-term care facility, or if the | 38554 |
| director pursuant to division (E) of section 3721.31 of the | 38555 |
| Revised Code so requires, the individual has successfully | 38556 |
| completed a competency evaluation program conducted by the | 38557 |
| director. | 38558 |
| (3) Prior to July 1, 1989, if the long-term care facility is | 38559 |
| certified as a skilled nursing facility or a nursing facility | 38560 |
| under Title XVIII or XIX of the "Social Security Act," 49 Stat. | 38561 |
| 620 (1935), 42 U.S.C.A. 301, as amended, or prior to January 1, | 38562 |
| 1990, if the facility is not so certified, the individual | 38563 |
| completed a program that the director determines included a | 38564 |
| competency evaluation component no less stringent than the | 38565 |
|
competency evaluation programs approved by | 38566 |
| division (A) of section 3721.31 of the Revised Code or conducted | 38567 |
|
by | 38568 |
| otherwise comparable to the training and competency evaluation | 38569 |
| programs being approved by the director under division (A) of that | 38570 |
| section. | 38571 |
| (4) The individual is listed in a nurse aide registry | 38572 |
| maintained by another state and that state certifies that its | 38573 |
| program for training and evaluation of competency of nurse aides | 38574 |
| complies with Titles XVIII and XIX of the "Social Security Act" | 38575 |
| and regulations adopted thereunder. | 38576 |
| (5) Prior to July 1, 1989, the individual was found competent | 38577 |
| to serve as a nurse aide after the completion of a course of nurse | 38578 |
| aide training of at least one hundred hours' duration. | 38579 |
| (6) The individual is enrolled in a prelicensure program of | 38580 |
| nursing education approved by the board of nursing or by an agency | 38581 |
| of another state that regulates nursing education, has provided | 38582 |
| the long-term care facility with a certificate from the program | 38583 |
| indicating that the individual has successfully completed the | 38584 |
| courses that teach basic nursing skills including infection | 38585 |
| control, safety and emergency procedures, and personal care, and | 38586 |
| has successfully completed a competency evaluation program | 38587 |
| conducted by the director under division (C) of section 3721.31 of | 38588 |
| the Revised Code. | 38589 |
| (7) The individual has the equivalent of twelve months or | 38590 |
| more of full-time employment in the preceding five years as a | 38591 |
| hospital aide or orderly and has successfully completed a | 38592 |
| competency evaluation program conducted by the director under | 38593 |
| division (C) of section 3721.31 of the Revised Code. | 38594 |
| (C) Effective June 1, 1990, no long-term care facility shall | 38595 |
| continue for longer than four months to use as a nurse aide an | 38596 |
| individual who previously met the requirements of division (B) of | 38597 |
| this section but since most recently doing so has not performed | 38598 |
| nursing and nursing-related services for monetary compensation for | 38599 |
| twenty-four consecutive months, unless the individual successfully | 38600 |
| completes additional training and competency evaluation by | 38601 |
| complying with divisions (C)(1) and (2) of this section: | 38602 |
| (1) Doing one of the following: | 38603 |
| (a) Successfully completing a training and competency | 38604 |
| evaluation program approved by the director under division (A) of | 38605 |
|
section 3721.31 of the Revised Code or conducted by | 38606 |
| director under division (C) of that section; | 38607 |
| (b) Successfully completing a training and competency | 38608 |
| evaluation program described in division (B)(4) of this section; | 38609 |
| (c) Meeting the requirements specified in division (B)(6) or | 38610 |
| (7) of this section. | 38611 |
| (2) If the training and competency evaluation program | 38612 |
| completed under division (C)(1)(a) of this section was conducted | 38613 |
| by or in a long-term care facility, or if the director pursuant to | 38614 |
| division (E) of section 3721.31 of the Revised Code so requires, | 38615 |
| successfully completing a competency evaluation program conducted | 38616 |
| by the director. | 38617 |
| (D)(1) The four-month periods provided for in divisions (B) | 38618 |
| and (C) of this section include any time, on or after June 1, | 38619 |
| 1990, that an individual is used as a nurse aide on a full-time, | 38620 |
| temporary, per diem, or any other basis by the facility or any | 38621 |
| other long-term care facility. | 38622 |
| (2) During the four-month period provided for in division (B) | 38623 |
| of this section, during which a long-term care facility may, | 38624 |
| subject to division (E) of this section, use as a nurse aide an | 38625 |
| individual who does not have the qualifications specified in | 38626 |
| divisions (B)(1) to (7) of this section, a facility shall require | 38627 |
| the individual to comply with divisions (D)(2)(a) and (b) of this | 38628 |
| section: | 38629 |
| (a) Participate in one of the following: | 38630 |
| (i) If the individual has successfully completed a training | 38631 |
| and competency evaluation program approved by the director under | 38632 |
| division (A) of section 3721.31 of the Revised Code, and the | 38633 |
| program was conducted by or in a long-term care facility, or the | 38634 |
| director pursuant to division (E) of section 3721.31 of the | 38635 |
| Revised Code so requires, a competency evaluation program | 38636 |
| conducted by the director; | 38637 |
| (ii) If the individual is enrolled in a prelicensure program | 38638 |
| of nursing education described in division (B)(6) of this section | 38639 |
| and has completed or is working toward completion of the courses | 38640 |
| described in that division, or the individual has the experience | 38641 |
| described in division (B)(7) of this section, a competency | 38642 |
| evaluation program conducted by the director; | 38643 |
| (iii) A training and competency evaluation program approved | 38644 |
| by the director under division (A) of section 3721.31 of the | 38645 |
|
Revised Code or conducted by | 38646 |
| of that section. | 38647 |
| (b) If the individual participates in or has successfully | 38648 |
| completed a training and competency evaluation program under | 38649 |
| division (D)(2)(a)(iii) of this section that is conducted by or in | 38650 |
| a long-term care facility, or the director pursuant to division | 38651 |
|
(E) of section 3721.31 of the Revised Code so requires,
| 38652 |
| participate in a competency evaluation program conducted by the | 38653 |
| director. | 38654 |
| (3) During the four-month period provided for in division (C) | 38655 |
| of this section, during which a long-term care facility may, | 38656 |
| subject to division (E) of this section, use as a nurse aide an | 38657 |
| individual who does not have the qualifications specified in | 38658 |
| divisions (C)(1) and (2) of this section, a facility shall require | 38659 |
| the individual to comply with divisions (D)(3)(a) and (b) of this | 38660 |
| section: | 38661 |
| (a) Participate in one of the following: | 38662 |
| (i) If the individual has successfully completed a training | 38663 |
| and competency evaluation program approved by the director, and | 38664 |
| the program was conducted by or in a long-term care facility, or | 38665 |
| the director pursuant to division (E) of section 3721.31 of the | 38666 |
| Revised Code so requires, a competency evaluation program | 38667 |
| conducted by the director; | 38668 |
| (ii) If the individual is enrolled in a prelicensure program | 38669 |
| of nursing education described in division (B)(6) of this section | 38670 |
| and has completed or is working toward completion of the courses | 38671 |
| described in that division, or the individual has the experience | 38672 |
| described in division (B)(7) of this section, a competency | 38673 |
| evaluation program conducted by the director; | 38674 |
| (iii) A training and competency evaluation program approved | 38675 |
| or conducted by the director. | 38676 |
| (b) If the individual participates in or has successfully | 38677 |
| completed a training and competency evaluation program under | 38678 |
| division (D)(3)(a)(iii) of this section that is conducted by or in | 38679 |
| a long-term care facility, or the director pursuant to division | 38680 |
| (E) of section 3721.31 of the Revised Code so requires, | 38681 |
| participate in a competency evaluation program conducted by the | 38682 |
| director. | 38683 |
| (E) A long-term care facility shall not permit an individual | 38684 |
| used by the facility as a nurse aide while participating in a | 38685 |
| training and competency evaluation program to provide nursing and | 38686 |
| nursing-related services unless both of the following are the | 38687 |
| case: | 38688 |
| (1) The individual has completed the number of hours of | 38689 |
|
training that | 38690 |
| services to residents as prescribed by rules that shall be adopted | 38691 |
| by the director in accordance with Chapter 119. of the Revised | 38692 |
| Code; | 38693 |
| (2) The individual is under the personal supervision of a | 38694 |
| registered or licensed practical nurse licensed under Chapter | 38695 |
| 4723. of the Revised Code. | 38696 |
| (F) An individual shall be considered to have satisfied the | 38697 |
| requirement, under division (B)(2) of this section, of having | 38698 |
| successfully completed a training and competency evaluation | 38699 |
| program conducted or approved by the director, if the individual | 38700 |
| meets both of the following conditions: | 38701 |
| (1) The individual, as of July 1, 1989, completed at least | 38702 |
| sixty hours divided between skills training and classroom | 38703 |
| instruction in the topic areas described in divisions (B)(1) to | 38704 |
| (8) of section 3721.30 of the Revised Code; | 38705 |
| (2) The individual received, as of that date, at least the | 38706 |
| difference between seventy-five hours and the number of hours | 38707 |
| actually spent in training and competency evaluation in supervised | 38708 |
| practical nurse aide training or regular in-service nurse aide | 38709 |
| education. | 38710 |
| (G) The | 38711 |
| accordance with Chapter 119. of the Revised Code specifying | 38712 |
| persons, in addition to the director, who may establish competence | 38713 |
| of nurse aides under division (B)(5) of this section, and | 38714 |
| establishing criteria for determining whether an individual meets | 38715 |
| the conditions specified in division (F) of this section. | 38716 |
| (H) The rules adopted pursuant to divisions (E)(1) and (G) of | 38717 |
| this section shall be no less stringent than the requirements, | 38718 |
| guidelines, and procedures established by the United States | 38719 |
| secretary of health and human services under sections 1819 and | 38720 |
| 1919 of the "Social Security Act." | 38721 |
| Sec. 3721.29. In addition to competency evaluation programs | 38722 |
| and training and competency evaluation programs required by this | 38723 |
| chapter, each long-term care facility shall provide both of the | 38724 |
| following to each nurse aide it uses: | 38725 |
| (A) An orientation program that includes at least an | 38726 |
| explanation of the organizational structure of the facility, its | 38727 |
| policies and procedures, its philosophy of care, a description of | 38728 |
| its resident population, and an enumeration of its employee rules; | 38729 |
| (B) Regular performance review and in-service education to | 38730 |
| assure that individuals working in the facility as nurse aides are | 38731 |
| competent to perform the nursing and nursing-related services they | 38732 |
| perform. In-service education shall include training for nurse | 38733 |
| aides providing nursing and nursing-related services to residents | 38734 |
| and patients with cognitive impairments. | 38735 |
| The | 38736 |
| implement the purposes of this section. The rules shall be no less | 38737 |
| stringent than the requirements, guidelines, and procedures | 38738 |
| established by the United States secretary of health and human | 38739 |
| services under sections 1819 and 1919 of the "Social Security | 38740 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. | 38741 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 38742 |
| Revised Code: | 38743 |
| (A) "Bed surrender" means the following: | 38744 |
| (1) In the case of a nursing home, the removal of a bed from | 38745 |
| a nursing home's licensed capacity in a manner that reduces the | 38746 |
| total licensed capacity of all nursing homes; | 38747 |
| (2) In the case of a hospital, the removal of a hospital bed | 38748 |
| from registration under section 3701.07 of the Revised Code as a | 38749 |
| skilled nursing facility bed or long-term care bed in a manner | 38750 |
| that reduces the total number of hospital beds registered under | 38751 |
| that section as skilled nursing facility beds or long-term care | 38752 |
| beds. | 38753 |
| (B) "Change of operator" means an entering operator becoming | 38754 |
| the operator of a nursing home or hospital in the place of the | 38755 |
| exiting operator. | 38756 |
| (1) Actions that constitute a change of operator include the | 38757 |
| following: | 38758 |
| (a) A change in an exiting operator's form of legal | 38759 |
| organization, including the formation of a partnership or | 38760 |
| corporation from a sole proprietorship; | 38761 |
| (b) A transfer of all the exiting operator's ownership | 38762 |
| interest in the operation of the nursing home or hospital to the | 38763 |
| entering operator, regardless of whether ownership of any or all | 38764 |
| of the real property or personal property associated with the | 38765 |
| nursing home or hospital is also transferred; | 38766 |
| (c) A lease of the nursing home or hospital to the entering | 38767 |
| operator or the exiting operator's termination of the exiting | 38768 |
| operator's lease; | 38769 |
| (d) If the exiting operator is a partnership, dissolution of | 38770 |
| the partnership; | 38771 |
| (e) If the exiting operator is a partnership, a change in | 38772 |
| composition of the partnership unless both of the following apply: | 38773 |
| (i) The change in composition does not cause the | 38774 |
| partnership's dissolution under state law. | 38775 |
| (ii) The partners agree that the change in composition does | 38776 |
| not constitute a change in operator. | 38777 |
| (f) If the operator is a corporation, dissolution of the | 38778 |
| corporation, a merger of the corporation into another corporation | 38779 |
| that is the survivor of the merger, or a consolidation of one or | 38780 |
| more other corporations to form a new corporation. | 38781 |
| (2) The following, alone, do not constitute a change of | 38782 |
| operator: | 38783 |
| (a) A contract for an entity to manage a nursing home or | 38784 |
| hospital as the operator's agent, subject to the operator's | 38785 |
| approval of daily operating and management decisions; | 38786 |
| (b) A change of ownership, lease, or termination of a lease | 38787 |
| of real property or personal property associated with a nursing | 38788 |
| home or hospital if an entering operator does not become the | 38789 |
| operator in place of an exiting operator; | 38790 |
| (c) If the operator is a corporation, a change of one or more | 38791 |
| members of the corporation's governing body or transfer of | 38792 |
| ownership of one or more shares of the corporation's stock, if the | 38793 |
| same corporation continues to be the operator. | 38794 |
| (C) "Effective date of a change of operator" means the day an | 38795 |
| entering operator becomes the operator of a nursing home or | 38796 |
| hospital. | 38797 |
| (D) "Entering operator" means the person or government entity | 38798 |
| that will become the operator of a nursing home or hospital on the | 38799 |
| effective date of a change of operator. | 38800 |
| (E) "Exiting operator" means an operator that will cease to | 38801 |
| be the operator of a nursing home or hospital on the effective | 38802 |
| date of a change of operator. | 38803 |
| (F) "Franchise permit fee rate" means the following: | 38804 |
| (1) For fiscal year 2012, eleven dollars and forty-seven | 38805 |
| cents; | 38806 |
| (2) For fiscal year 2013 and each fiscal year thereafter, | 38807 |
| eleven dollars and sixty-seven cents. | 38808 |
| (G) "Hospital" has the same meaning as in section 3727.01 of | 38809 |
| the Revised Code. | 38810 |
| (H) "Hospital long-term care unit" means any distinct part of | 38811 |
| a hospital in which any of the following beds are located: | 38812 |
| (1) Beds registered pursuant to section 3701.07 of the | 38813 |
| Revised Code as skilled nursing facility beds or long-term care | 38814 |
| beds; | 38815 |
| (2) Beds licensed as nursing home beds under section 3721.02 | 38816 |
| or 3721.09 of the Revised Code. | 38817 |
| (I) "Indirect guarantee percentage" means the percentage | 38818 |
| specified in section 1903(w)(4)(C)(ii) of the "Social Security | 38819 |
| Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is | 38820 |
| to be used in determining whether a class of providers is | 38821 |
| indirectly held harmless for any portion of the costs of a | 38822 |
| broad-based health-care-related tax. If the indirect guarantee | 38823 |
| percentage changes during a fiscal year, the indirect guarantee | 38824 |
| percentage is the following: | 38825 |
| (1) For the part of the fiscal year before the change takes | 38826 |
| effect, the percentage in effect before the change; | 38827 |
| (2) For the part of the fiscal year beginning with the date | 38828 |
| the indirect guarantee percentage changes, the new percentage. | 38829 |
| (J) | 38830 |
| 38831 | |
| 38832 | |
| 38833 | |
| 38834 | |
| 38835 | |
| 38836 | |
| 38837 |
| | 38838 |
| the Revised Code. | 38839 |
| | 38840 |
| 38841 | |
| 38842 | |
| 38843 | |
| 38844 | |
| 38845 | |
| 38846 |
| | 38847 |
| XVIII. | 38848 |
| | 38849 |
| 5111.20 of the Revised Code. | 38850 |
| | 38851 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 38852 |
| of the Revised Code, including any part of a home for the aging | 38853 |
| licensed as a nursing home; | 38854 |
| (b) A facility or part of a facility, other than a hospital, | 38855 |
| that is certified as a skilled nursing facility under Title XVIII; | 38856 |
| (c) A nursing facility, other than a portion of a hospital | 38857 |
| certified as a nursing facility. | 38858 |
| (2) "Nursing home" does not include | 38859 |
| following: | 38860 |
| (a) A county home, county nursing home, or district home | 38861 |
| operated pursuant to Chapter 5155. of the Revised Code; | 38862 |
| (b) A nursing home maintained and operated by the department | 38863 |
|
of veterans services under section 5907.01 of the Revised Code | 38864 |
| | 38865 |
| 38866 | |
| 38867 | |
| 38868 |
| | 38869 |
| responsible for the daily operating and management decisions for a | 38870 |
| nursing home or hospital. | 38871 |
| | 38872 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 38873 |
| | 38874 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 38875 |
| Sec. 3721.51. The department of job and family services | 38876 |
| shall do all of the following: | 38877 |
| (A) Subject to sections 3721.512, 3721.513, and 3721.531 of | 38878 |
| the Revised Code and divisions (C) and (D) of this section and for | 38879 |
| the purposes specified in section 3721.56 of the Revised Code, | 38880 |
| determine an annual franchise permit fee on each nursing home in | 38881 |
| an amount equal to the franchise permit fee rate multiplied by the | 38882 |
| product of the following: | 38883 |
| (1) The number of beds licensed as nursing home beds, plus | 38884 |
| any other beds certified as skilled nursing facility beds under | 38885 |
| Title XVIII or nursing facility beds under Title XIX on the first | 38886 |
| day of May of the calendar year in which the fee is determined | 38887 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 38888 |
| (2) The number of days in the fiscal year beginning on the | 38889 |
| first day of July of the calendar year in which the fee is | 38890 |
| determined pursuant to division (A) of section 3721.53 of the | 38891 |
| Revised Code. | 38892 |
| (B) Subject to sections 3721.512, 3721.513, and 3721.531 of | 38893 |
| the Revised Code and divisions (C) and (D) of this section and for | 38894 |
| the purposes specified in section 3721.56 of the Revised Code, | 38895 |
| determine an annual franchise permit fee on each hospital in an | 38896 |
| amount equal to the franchise permit fee rate multiplied by the | 38897 |
| product of the following: | 38898 |
| (1) The number of beds registered pursuant to section 3701.07 | 38899 |
| of the Revised Code as skilled nursing facility beds or long-term | 38900 |
| care beds, plus any other beds licensed as nursing home beds under | 38901 |
| section 3721.02 or 3721.09 of the Revised Code, on the first day | 38902 |
| of May of the calendar year in which the fee is determined | 38903 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 38904 |
| (2) The number of days in the fiscal year beginning on the | 38905 |
| first day of July of the calendar year in which the fee is | 38906 |
| determined pursuant to division (A) of section 3721.53 of the | 38907 |
| Revised Code. | 38908 |
| (C) If the total amount of the franchise permit fee assessed | 38909 |
| under divisions (A) and (B) of this section for a fiscal year | 38910 |
| exceeds the indirect guarantee percentage of the actual net | 38911 |
| patient revenue for all nursing homes and hospital long-term care | 38912 |
| units for that fiscal year and seventy-five per cent or more of | 38913 |
| the combined total number of nursing homes and hospital long-term | 38914 |
| care units receive enhanced medicaid payments or other state | 38915 |
| payments equal to seventy-five per cent or more of their total | 38916 |
| franchise permit fee assessments, do both of the following: | 38917 |
| (1) Recalculate the assessments under divisions (A) and (B) | 38918 |
| of this section using a per bed per day rate equal to the indirect | 38919 |
| guarantee percentage of actual net patient revenue for all nursing | 38920 |
| homes and hospital long-term care units for that fiscal year; | 38921 |
| (2) Refund the difference between the amount of the franchise | 38922 |
| permit fee assessed for that fiscal year under divisions (A) and | 38923 |
| (B) of this section and the amount recalculated under division | 38924 |
| (C)(1) of this section as a credit against the assessments imposed | 38925 |
| under divisions (A) and (B) of this section for the subsequent | 38926 |
| fiscal year. | 38927 |
| (D) If the United States centers for medicare and medicaid | 38928 |
| services determines that the franchise permit fee established by | 38929 |
| sections 3721.50 to 3721.58 of the Revised Code is an | 38930 |
| impermissible health care-related tax under section 1903(w) of the | 38931 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 38932 |
| amended, take all necessary actions to cease implementation of | 38933 |
| sections 3721.50 to 3721.58 of the Revised Code in accordance with | 38934 |
| rules adopted under section 3721.58 of the Revised Code. | 38935 |
| Sec. 3723.06. (A) The director of health shall license radon | 38936 |
| testers, mitigation specialists, and mitigation contractors. Each | 38937 |
| applicant for a license shall submit a completed application to | 38938 |
| the director on a form the director shall prescribe and furnish. | 38939 |
| (B) In accordance with rules adopted | 38940 |
| 38941 | |
| shall issue the appropriate license to each applicant that pays | 38942 |
|
the license fee prescribed by the | 38943 |
|
licensing criteria established by the | 38944 |
| complies with any other licensing and training requirements | 38945 |
|
established by the | 38946 |
| entity, or government entity may hold more than one license issued | 38947 |
| under this section, but a separate application is required for | 38948 |
| each license. | 38949 |
| (C) Notwithstanding division (B) of this section, the | 38950 |
| director shall issue a radon mitigation contractor license on | 38951 |
| request to the holder of a radon mitigation specialist license if | 38952 |
| the license holder is the owner or chief stockholder of a business | 38953 |
|
entity for which | 38954 |
| will work as a radon mitigation specialist. The licensing criteria | 38955 |
| and any other licensing and training requirements the individual | 38956 |
| was required to meet to qualify for the radon mitigation | 38957 |
| specialist license are hereby deemed to satisfy any and all | 38958 |
| criteria and requirements for a radon mitigation contractor | 38959 |
| license. A license issued under this division shall expire at the | 38960 |
| same time as the individual's radon mitigation specialist license. | 38961 |
| No license fee shall be imposed for a license issued under this | 38962 |
| division. | 38963 |
| (D) A license issued under this section expires biennially | 38964 |
| and may be renewed by the director in accordance with criteria and | 38965 |
|
procedures established | 38966 |
| adopted under section 3723.09 of the Revised Code and on payment | 38967 |
|
of the license renewal fee prescribed | 38968 |
| rules. | 38969 |
| (E) In accordance with Chapter 119. of the Revised Code, the | 38970 |
| director may do either of the following: | 38971 |
| (1) Refuse to issue a license to an individual, business | 38972 |
| entity, or government entity that does not meet the requirements | 38973 |
| of this chapter or the rules adopted under it or has been in | 38974 |
| violation of those requirements; | 38975 |
| (2) Suspend, revoke, or refuse to renew the license of an | 38976 |
| individual, business entity, or government entity that is or has | 38977 |
| been in violation of the requirements of this chapter or the rules | 38978 |
| adopted under it. | 38979 |
| Sec. 3723.07. The director of health shall approve all of | 38980 |
| the following: | 38981 |
| (A) Licensure training courses for radon testers and | 38982 |
| mitigation specialists; | 38983 |
| (B) Training courses for employees of mitigation contractors; | 38984 |
| (C) Radon laboratories. | 38985 |
| Each applicant for approval shall submit a completed | 38986 |
| application to the director on a form the director shall prescribe | 38987 |
| and furnish. | 38988 |
| In accordance with rules adopted | 38989 |
| under section 3723.09 of the Revised Code, the director shall | 38990 |
| issue the appropriate approval to each applicant that pays the | 38991 |
|
approval fee prescribed by the | 38992 |
|
criteria for approval established by the | 38993 |
| In accordance with Chapter 119. of the Revised Code, the | 38994 |
| director may refuse to issue an approval and may revoke or suspend | 38995 |
| an approval issued under this section if the operator of the | 38996 |
| course or laboratory fails to meet the criteria established by the | 38997 |
| 38998 |
| Sec. 3723.09. (A) To protect the health of individuals | 38999 |
|
inhabiting, occupying, or frequenting buildings, the | 39000 |
| director of health | 39001 |
| requirements of this chapter. All rules adopted under this section | 39002 |
| shall be adopted in accordance with Chapter 119. of the Revised | 39003 |
| Code. | 39004 |
| (B) The | 39005 |
|
establishing criteria and procedures | 39006 |
| 39007 | |
| section 3723.06 of the Revised Code to radon testers, mitigation | 39008 |
| specialists, and mitigation contractors. The rules may require | 39009 |
| that all applicants for licensure as a radon tester or mitigation | 39010 |
| specialist pass an examination. If an examination is required, the | 39011 |
| rules may require applicants to pass an examination conducted by | 39012 |
| the department or an appropriate examination conducted by the | 39013 |
| United States environmental protection agency. | 39014 |
| (C) The | 39015 |
|
establishing criteria and procedures | 39016 |
| 39017 | |
| 3723.07 of the Revised Code. The rules may require that | 39018 |
| participants in training courses pass an examination conducted by | 39019 |
| the operator of the course and may require that the examinations | 39020 |
|
be approved by the director | 39021 |
| (D) The | 39022 |
|
establishing criteria and procedures | 39023 |
| 39024 | |
| section 3723.07 of the Revised Code. | 39025 |
| (E) The | 39026 |
| establishing reasonable fees for licenses, license renewals, radon | 39027 |
| laboratory approvals, and training course approvals. | 39028 |
| (F) The | 39029 |
| establishing standards to be followed by licensed radon testers, | 39030 |
| mitigation specialists, and mitigation contractors for the | 39031 |
| prevention of hazards to the public health, including standards | 39032 |
| for worker protection, record keeping, and training of employees | 39033 |
| of licensed radon mitigation contractors. | 39034 |
| (G) The | 39035 |
| establishing procedures to be followed by any individual, business | 39036 |
| entity, or government entity licensed by another state to practice | 39037 |
| as a radon tester, mitigation specialist, or mitigation contractor | 39038 |
| in providing notice to the director of health prior to commencing | 39039 |
| practice in this state pursuant to section 3723.03 of the Revised | 39040 |
| Code. | 39041 |
| (H) The | 39042 |
| require licensed radon testers and mitigation specialists to | 39043 |
|
report to the director | 39044 |
| results that indicate the presence of radon at a level considered | 39045 |
|
to be dangerous as determined by the | 39046 |
| may require the reporting of screening measurements, follow-up | 39047 |
| measurements, post-mitigation measurements, and, if it is known | 39048 |
| that radon mitigation has been performed, the methods of | 39049 |
| mitigation that were used. Any information required to be reported | 39050 |
| to the director under these rules is not a public record under | 39051 |
| section 149.43 of the Revised Code, and shall not be released | 39052 |
| except in aggregate statistical form. | 39053 |
| Sec. 3725.02. (A) No person other than a hospital shall | 39054 |
| collect plasma, regardless of the use for which the plasma is | 39055 |
| intended, except at a plasmapheresis center holding a current, | 39056 |
| valid certificate of approval issued by the director of health. | 39057 |
| Whoever violates this division is guilty of a misdemeanor of | 39058 |
| the fourth degree. | 39059 |
| (B) The | 39060 |
| as are necessary to carry out this chapter. | 39061 |
| Sec. 3727.01. (A) As used in this section, "health | 39062 |
| maintenance organization" means a public or private organization | 39063 |
| organized under the law of any state that is qualified under | 39064 |
| section 1310(d) of Title XIII of the "Public Health Service Act," | 39065 |
| 87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the | 39066 |
| following: | 39067 |
| (1) Provides or otherwise makes available to enrolled | 39068 |
| participants health care services including at least the following | 39069 |
| basic health care services: usual physician services, | 39070 |
| hospitalization, laboratory, x-ray, emergency and preventive | 39071 |
| service, and out-of-area coverage; | 39072 |
| (2) Is compensated, except for copayments, for the provision | 39073 |
| of basic health care services to enrolled participants by a | 39074 |
| payment that is paid on a periodic basis without regard to the | 39075 |
| date the health care services are provided and that is fixed | 39076 |
| without regard to the frequency, extent, or kind of health service | 39077 |
| actually provided; | 39078 |
| (3) Provides physician services primarily in either of the | 39079 |
| following ways: | 39080 |
| (a) Directly through physicians who are either employees or | 39081 |
| partners of the organization; | 39082 |
| (b) Through arrangements with individual physicians or one or | 39083 |
| more groups of physicians organized on a group-practice or | 39084 |
| individual-practice basis. | 39085 |
| (B) As used in this chapter: | 39086 |
| (1) "Children's hospital" | 39087 |
| 39088 |
| (a) A hospital registered under section 3701.07 of the | 39089 |
| Revised Code that provides general pediatric medical and surgical | 39090 |
| care, and in which at least seventy-five per cent of annual | 39091 |
| inpatient discharges for the preceding two calendar years were | 39092 |
| individuals less than eighteen years of age; | 39093 |
| (b) A distinct portion of a hospital registered under section | 39094 |
| 3701.07 of the Revised Code that provides general pediatric | 39095 |
| medical and surgical care, has a total of at least one hundred | 39096 |
| fifty registered pediatric special care and pediatric acute care | 39097 |
| beds, and in which at least seventy-five per cent of annual | 39098 |
| inpatient discharges for the preceding two calendar years were | 39099 |
| individuals less than eighteen years of age; | 39100 |
| (c) A distinct portion of a hospital, if the hospital is | 39101 |
| registered under section 3701.07 of the Revised Code as a | 39102 |
| children's hospital and the children's hospital meets all the | 39103 |
| requirements of division (B)(1)(a) of this section. | 39104 |
| (2) "Hospital" means an institution classified as a hospital | 39105 |
| under section 3701.07 of the Revised Code in which are provided to | 39106 |
| inpatients diagnostic, medical, surgical, obstetrical, | 39107 |
| psychiatric, or rehabilitation care for a continuous period longer | 39108 |
| than twenty-four hours or a hospital operated by a health | 39109 |
| maintenance organization. "Hospital" does not include a facility | 39110 |
| licensed under Chapter 3721. of the Revised Code, a health care | 39111 |
| facility operated by the department of mental health or the | 39112 |
| department of developmental disabilities, a health maintenance | 39113 |
| organization that does not operate a hospital, the office of any | 39114 |
| private licensed health care professional, whether organized for | 39115 |
| individual or group practice, or a clinic that provides ambulatory | 39116 |
| patient services and where patients are not regularly admitted as | 39117 |
| inpatients. "Hospital" also does not include an institution for | 39118 |
| the sick that is operated exclusively for patients who use | 39119 |
| spiritual means for healing and for whom the acceptance of medical | 39120 |
| care is inconsistent with their religious beliefs, accredited by a | 39121 |
| national accrediting organization, exempt from federal income | 39122 |
| taxation under section 501 of the Internal Revenue Code of 1986, | 39123 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing | 39124 |
| twenty-four hour nursing care pursuant to the exemption in | 39125 |
| division (E) of section 4723.32 of the Revised Code from the | 39126 |
| licensing requirements of Chapter 4723. of the Revised Code. | 39127 |
| (3) "Joint commission" means the commission formerly known as | 39128 |
| the joint commission on accreditation of healthcare organizations | 39129 |
| or the joint commission on accreditation of hospitals. | 39130 |
| Sec. 3727.42. (A) Every hospital shall compile and make | 39131 |
| available for inspection by the public a price information list | 39132 |
| containing the information specified in division (B) of this | 39133 |
| section and shall periodically update the list to maintain current | 39134 |
| information. The price information list shall be compiled and made | 39135 |
| available in a format that complies with the electronic | 39136 |
| transaction standards and code sets adopted by the United States | 39137 |
| secretary of health and human services under 42 U.S.C. 1320d-2. | 39138 |
| (B) Each price information list required by division (A) of | 39139 |
| this section shall contain all of the following information: | 39140 |
| (1) The usual and customary room and board charges for each | 39141 |
| level of care within the hospital, including but not limited to | 39142 |
| private rooms, semiprivate rooms, other multiple patient rooms, | 39143 |
| and intensive care and other specialty units; | 39144 |
| (2) Rates charged for nursing care, if the hospital charges | 39145 |
| separately for nursing care; | 39146 |
| (3) The usual and customary charges, stated separately for | 39147 |
| inpatients and outpatients if different charges are imposed, for | 39148 |
| any of the following services provided by the hospital: | 39149 |
| (a) The thirty most common x-ray and radiological procedures; | 39150 |
| (b) The thirty most common laboratory procedures; | 39151 |
| (c) Emergency room services; | 39152 |
| (d) Operating room services; | 39153 |
| (e) Delivery room services; | 39154 |
| (f) Physical, occupational, and pulmonary therapy services; | 39155 |
| (g) Any other services designated as high volume services by | 39156 |
|
a rule which shall be adopted by the | 39157 |
| 39158 |
| (4) The hospital's billing policies, including whether the | 39159 |
| hospital charges interest on an amount not paid in full by any | 39160 |
| person or government entity and the interest rate charged; | 39161 |
| (5) Whether or not the charges listed include fees for the | 39162 |
| services of hospital-based anesthesiologists, radiologists, | 39163 |
| pathologists, and emergency room physicians and, if a charge does | 39164 |
| not include such fees, how such fee information can be obtained. | 39165 |
| (C) Every hospital shall do all of the following with the | 39166 |
| price information list required by this section: | 39167 |
| (1) At the time of admission, or as soon as practical | 39168 |
| thereafter, inform each patient of the availability of the list | 39169 |
| and on request provide the patient with a free copy of the list; | 39170 |
| (2) On request, provide a paper copy of the list to any | 39171 |
| person or governmental agency, subject to payment of a reasonable | 39172 |
| fee for copying and processing; | 39173 |
| (3) Make the list available free of charge on the hospital's | 39174 |
| internet web site. | 39175 |
| Sec. 3729.01. As used in this chapter: | 39176 |
| (A) "Camp operator" means the operator of a recreational | 39177 |
| vehicle park, recreation camp, combined park-camp, or temporary | 39178 |
| park-camp. | 39179 |
| (B) "Campsite user" means a person who enters into a campsite | 39180 |
| use agreement with a camp operator for the use of a campsite at a | 39181 |
| recreational vehicle park, recreation camp, combined park-camp, or | 39182 |
| temporary park-camp. | 39183 |
| (C) "Combined park-camp" means any tract of land upon which a | 39184 |
| combination of five or more self-contained recreational vehicles | 39185 |
| or portable camping units are placed and includes any roadway, | 39186 |
| building, structure, vehicle, or enclosure used or intended for | 39187 |
| use as part of the park facilities. A tract of land that is | 39188 |
| subdivided for lease or other contract of the individual lots is a | 39189 |
| combined park-camp if a combination of five or more recreational | 39190 |
| vehicles or portable camping units are placed on it for | 39191 |
| recreation, vacation, or business purposes. | 39192 |
| "Combined park-camp" does not include any tract of land used | 39193 |
| solely as a temporary park-camp or solely as a manufactured home | 39194 |
| park. | 39195 |
| (D) "Dependent recreational vehicle" means a recreational | 39196 |
| vehicle other than a self-contained recreational vehicle. | 39197 |
| "Dependent recreational vehicle" includes a park model. | 39198 |
| (E) "Development" means any artificial change to improved or | 39199 |
| unimproved real estate, including, without limitation, buildings | 39200 |
| or structures, dredging, filling, grading, paving, excavation or | 39201 |
| drilling operations, or storage of equipment or materials, and the | 39202 |
| construction, expansion, or substantial alteration of a | 39203 |
| recreational vehicle park, recreation camp, or combined park-camp, | 39204 |
| for which plan review is required under division (A) of section | 39205 |
| 3729.03 of the Revised Code. "Development" does not include the | 39206 |
| building, construction, erection, or manufacture of any building | 39207 |
| to which section 3781.06 of the Revised Code is applicable. | 39208 |
| (F) "Director of health" means the director of health or the | 39209 |
| director's authorized representative. | 39210 |
| (G) "Flood" or "flooding" means either of the following: | 39211 |
| (1) A general and temporary condition of partial or complete | 39212 |
| inundation of normally dry land areas from any of the following: | 39213 |
| (a) The overflow of inland or tidal waters; | 39214 |
| (b) The unusual and rapid accumulation or runoff of surface | 39215 |
| waters from any source; | 39216 |
| (c) Mudslides that are proximately caused by flooding as | 39217 |
| defined in division (G)(1)(b) of this section and that are akin to | 39218 |
| a river of liquid and flowing mud on the surface of normally dry | 39219 |
| land areas, as when earth is carried by a current of water and | 39220 |
| deposited along the path of the current. | 39221 |
| (2) The collapse or subsidence of land along the shore of a | 39222 |
| lake or other body of water as a result of erosion or undermining | 39223 |
| that is caused by waves or currents of water exceeding anticipated | 39224 |
| cyclical levels or that is suddenly caused by an unusually high | 39225 |
| water level in a natural body of water, and that is accompanied by | 39226 |
| a severe storm, by an unanticipated force of nature, such as a | 39227 |
| flash flood, by an abnormal tidal surge, or by some similarly | 39228 |
| unusual and unforeseeable event, that results in flooding as | 39229 |
| defined in division (G)(1)(a) of this section. | 39230 |
| (H) "Flood plain" means the area adjoining any river, stream, | 39231 |
| watercourse, or lake that has been or may be covered by flood | 39232 |
| water. | 39233 |
| (I) "Licensor" means either the board of health of a city or | 39234 |
| general health district, or the authority having the duties of a | 39235 |
| board of health in any city as authorized by section 3709.05 of | 39236 |
| the Revised Code, or the director of health, when required under | 39237 |
| division (B) of section 3729.06 of the Revised Code. "Licensor" | 39238 |
| also means an authorized representative of any of those entities | 39239 |
| or of the director. | 39240 |
| (J) "Manufactured home park" has the same meaning as in | 39241 |
|
section | 39242 |
| (K) "One-hundred-year flood" means a flood having a one per | 39243 |
| cent chance of being equaled or exceeded in any given year. | 39244 |
| (L) "One-hundred-year flood plain" means that portion of a | 39245 |
| flood plain inundated by a one-hundred-year flood. | 39246 |
| (M) "Operator" means the person who has responsible charge of | 39247 |
| a recreational vehicle park, recreation camp, combined park-camp, | 39248 |
| or temporary park-camp and who is licensed under this chapter. | 39249 |
| (N) "Park model" means a recreational vehicle that meets the | 39250 |
| American national standard institute standard A119.5(1988) for | 39251 |
| park trailers, is built on a single chassis, has a gross trailer | 39252 |
| area of not more than four hundred square feet when set up, is | 39253 |
| designed for seasonal or temporary living quarters, and may be | 39254 |
| connected to utilities necessary for operation of installed | 39255 |
| features and appliances. | 39256 |
| (O) "Person" has the same meaning as in section 1.59 of the | 39257 |
| Revised Code and also includes this state, any political | 39258 |
| subdivision of this state, and any other state or local body of | 39259 |
| this state. | 39260 |
| (P) "Portable camping units" means dependent recreational | 39261 |
| vehicles, tents, portable sleeping equipment, and similar camping | 39262 |
| equipment used for travel, recreation, vacation, or business | 39263 |
| purposes. | 39264 |
| (Q) "Recreation camp" means any tract of land upon which five | 39265 |
| or more portable camping units are placed and includes any | 39266 |
| roadway, building, structure, vehicle, or enclosure used or | 39267 |
| intended for use as a part of the facilities of the camp. A tract | 39268 |
| of land that is subdivided for lease or other contract of the | 39269 |
| individual lots is a recreation camp if five or more portable | 39270 |
| camping units are placed on it for recreation, vacation, or | 39271 |
| business purposes. | 39272 |
| "Recreation camp" does not include any tract of land used | 39273 |
| solely for the storage or display for sale of dependent | 39274 |
| recreational vehicles, solely as a temporary park-camp, or solely | 39275 |
| as a manufactured home park. | 39276 |
| (R) "Recreational vehicle" has the same meaning as in section | 39277 |
| 4501.01 of the Revised Code. | 39278 |
| (S) "Recreational vehicle park" means any tract of land used | 39279 |
| for parking five or more self-contained recreational vehicles and | 39280 |
| includes any roadway, building, structure, vehicle, or enclosure | 39281 |
| used or intended for use as part of the park facilities and any | 39282 |
| tract of land that is subdivided for lease or other contract of | 39283 |
| the individual lots for the express or implied purpose of placing | 39284 |
| self-contained recreational vehicles for recreation, vacation, or | 39285 |
| business purposes. | 39286 |
| "Recreational vehicle park" does not include any tract of | 39287 |
| land used solely for the storage or display for sale of | 39288 |
| self-contained recreational vehicles, solely as a temporary | 39289 |
| park-camp, or solely as a manufactured home park. | 39290 |
| (T) "Self-contained recreational vehicle" means a | 39291 |
| recreational vehicle that can operate independent of connections | 39292 |
| to sewer and water and has plumbing fixtures or appliances all of | 39293 |
| which are connected to sewage holding tanks located within the | 39294 |
| vehicle. "Self-contained recreational vehicle" includes a park | 39295 |
| model. | 39296 |
| (U) "Substantially alter" means a change in the layout or | 39297 |
| design of a recreational vehicle park, recreation camp, combined | 39298 |
| park-camp, or temporary park-camp, including, without limitation, | 39299 |
| the movement of utilities or changes in established streets, lots, | 39300 |
| or sites or in other facilities. | 39301 |
| (V) "Temporary park-camp" means any tract of land used for a | 39302 |
| period not to exceed a total of twenty-one days per calendar year | 39303 |
| for the purpose of parking five or more recreational vehicles, | 39304 |
| dependent recreational vehicles, or portable camping units, or any | 39305 |
| combination thereof, for one or more periods of time that do not | 39306 |
| exceed seven consecutive days or parts thereof. | 39307 |
| (W) "Tract" means a contiguous area of land that consists of | 39308 |
| one or more parcels, lots, or sites that have been separately | 39309 |
| surveyed regardless of whether the individual parcels, lots, or | 39310 |
| sites have been recorded and regardless of whether the one or more | 39311 |
| parcels, lots, or sites are under common or different ownership. | 39312 |
| Sec. 3729.02. (A) The | 39313 |
| subject to Chapter 119. of the Revised Code, shall adopt rules of | 39314 |
| uniform application throughout the state governing the review of | 39315 |
| plans and issuance of licenses for and the location, layout, | 39316 |
| construction, drainage, sanitation, safety, and operation of | 39317 |
| recreational vehicle parks, recreation camps, and combined | 39318 |
| park-camps. The rules shall not apply to the construction, | 39319 |
| erection, or manufacture of any building to which section 3781.06 | 39320 |
| of the Revised Code is applicable. | 39321 |
| (B) The | 39322 |
| 119. of the Revised Code, shall adopt rules of uniform application | 39323 |
| throughout the state governing the review of plans and issuance of | 39324 |
| licenses for and the layout, sanitation, safety, and operation of | 39325 |
| temporary park-camps. The rules shall not apply to the | 39326 |
| construction, erection, or manufacture of any building to which | 39327 |
| section 3781.06 of the Revised Code is applicable. | 39328 |
| Sec. 3729.03. (A) No person shall cause development to occur | 39329 |
| within any portion of a recreational vehicle park, recreation | 39330 |
| camp, or combined park-camp until the plans for the development | 39331 |
| have been submitted to and reviewed and approved by the director | 39332 |
| of health. This division does not require that plans be submitted | 39333 |
| to the director for approval for the replacement of recreational | 39334 |
| vehicles or portable camping units on previously approved sites in | 39335 |
| a recreational vehicle park, recreation camp, or combined | 39336 |
| park-camp when no development is to occur in connection with the | 39337 |
| replacement. Within thirty days after receipt of the plans, all | 39338 |
| supporting documents and materials required to complete the | 39339 |
| review, and the applicable plan review fee established under | 39340 |
| division (D) of this section, the director shall approve or | 39341 |
| disapprove the plans. | 39342 |
| (B) Any person aggrieved by the director's disapproval of a | 39343 |
| set of plans under division (A) of this section may request a | 39344 |
| hearing on the matter within thirty days after receipt of the | 39345 |
| director's notice of the disapproval. The hearing shall be held in | 39346 |
| accordance with Chapter 119. of the Revised Code. Thereafter, the | 39347 |
| disapproval may be appealed in the manner provided in section | 39348 |
| 119.12 of the Revised Code. | 39349 |
| (C) The director shall establish a system by which | 39350 |
| development occurring within a recreational vehicle park, | 39351 |
| recreation camp, or combined park-camp is inspected or verified in | 39352 |
| accordance with rules adopted under division (A) of section | 39353 |
| 3729.02 of the Revised Code to ensure that the development | 39354 |
| complies with the plans approved under division (A) of this | 39355 |
| section. | 39356 |
| (D) The | 39357 |
| for reviewing plans under division (A) of this section and | 39358 |
| conducting inspections under division (C) of this section. | 39359 |
| (E) The director shall charge the appropriate fees | 39360 |
| established under division (D) of this section for reviewing plans | 39361 |
| under division (A) of this section and conducting inspections | 39362 |
| under division (C) of this section. All such plan review and | 39363 |
| inspection fees received by the director shall be transmitted to | 39364 |
| the treasurer of state and shall be credited to the general | 39365 |
| operations fund created in section 3701.83 of the Revised Code. | 39366 |
| Moneys so credited to the fund shall be used only for the purpose | 39367 |
| of administering and enforcing this chapter and rules adopted | 39368 |
| under it. | 39369 |
| (F) Plan approvals issued under this section do not | 39370 |
| constitute an exemption from the land use and building | 39371 |
| requirements of the political subdivision in which the | 39372 |
| recreational vehicle park, recreation camp, or combined park-camp | 39373 |
| is or is to be located. | 39374 |
| Sec. 3729.04. (A) No person shall cause development to occur | 39375 |
| within any portion of a recreational vehicle park, recreation | 39376 |
| camp, combined park-camp, or temporary park-camp that is located | 39377 |
| within a one-hundred-year flood plain in a municipal corporation | 39378 |
| unless the person first obtains a permit therefor from the | 39379 |
| municipal corporation in accordance with the flood plain | 39380 |
| management ordinance of the municipal corporation. | 39381 |
| (B) No person shall cause development to occur within any | 39382 |
| portion of a recreational vehicle park, recreation camp, combined | 39383 |
| park-camp, or temporary park-camp that is located within a | 39384 |
| one-hundred-year flood plain in an unincorporated area unless the | 39385 |
| person first obtains a permit therefor from the board of county | 39386 |
| commissioners of the county in which the development is to occur | 39387 |
| in accordance with the flood plain management resolution of the | 39388 |
| county adopted under section 307.37 of the Revised Code. | 39389 |
| (C) If development for which a permit is required under | 39390 |
| division (A) or (B) of this section is to occur on a site where a | 39391 |
| recreational vehicle or portable camping unit is or is to be | 39392 |
| located, the owner of the recreational vehicle or portable camping | 39393 |
| unit and the operator of the recreational vehicle park, recreation | 39394 |
| camp, or combined park-camp shall jointly obtain the permit. Each | 39395 |
| of the persons to whom a permit is jointly issued is responsible | 39396 |
| for compliance with the provisions of the approved permit that are | 39397 |
| applicable to that person. | 39398 |
| If development for which a permit is required under division | 39399 |
| (A) or (B) of this section is to occur within a temporary | 39400 |
| park-camp on a site where a recreational vehicle or portable | 39401 |
| camping unit is or is to be located, the owner of the temporary | 39402 |
| park-camp shall obtain the permit. | 39403 |
| (D) Fees established by a municipal corporation or county for | 39404 |
| the issuance of permits under division (A) or (B) of this section | 39405 |
|
are not subject to regulation by the | 39406 |
| 39407 |
| Sec. 3729.07. The licensor of a recreational vehicle park, | 39408 |
| recreation camp, or combined park-camp may charge a fee for an | 39409 |
| annual license to operate such a park, camp, or park-camp. In the | 39410 |
| case of a temporary park-camp, the licensor may charge a fee for a | 39411 |
| license to operate the temporary park-camp for the period | 39412 |
| specified in division (A) of section 3729.05 of the Revised Code. | 39413 |
| The fees for both types of licenses shall be determined in | 39414 |
| accordance with section 3709.09 of the Revised Code and shall | 39415 |
| include the cost of licensing and all inspections. | 39416 |
| Except for the fee for a temporary park-camp license, the fee | 39417 |
| also shall include any additional amount determined by rule of the | 39418 |
| 39419 | |
|
transmitted by the board of health to the director | 39420 |
| pursuant to section 3709.092 of the Revised Code and used only for | 39421 |
| the purpose of administering and enforcing this chapter and rules | 39422 |
| adopted under it. The portion of any fee retained by the board of | 39423 |
| health shall be paid into a special fund and used only for the | 39424 |
| purpose of administering and enforcing this chapter and rules | 39425 |
| adopted under it. | 39426 |
| Sec. 3729.08. The licensor of the health district in which a | 39427 |
| recreational vehicle park, recreation camp, combined park-camp, or | 39428 |
| temporary park-camp is or is to be located, in accordance with | 39429 |
| Chapter 119. of the Revised Code, may refuse to grant, may | 39430 |
| suspend, or may revoke any license granted to any person for | 39431 |
| failure to comply with this chapter or with any rule adopted by | 39432 |
|
the | 39433 |
| Revised Code. | 39434 |
| Sec. 3730.10. (A) | 39435 |
| 39436 | |
| 39437 | |
| Revised Code as necessary for the implementation and enforcement | 39438 |
| of this chapter. The rules shall include all of the following: | 39439 |
| (1) Safety and sanitation standards and procedures to be | 39440 |
| followed to prevent the transmission of infectious diseases during | 39441 |
| the performance of tattooing and body piercing procedures; | 39442 |
| (2) Standards and procedures to be followed for appropriate | 39443 |
| disinfection and sterilization of all invasive equipment or parts | 39444 |
| of equipment used in tattooing procedures, body piercing | 39445 |
| procedures, and ear piercing procedures performed with an ear | 39446 |
| piercing gun; | 39447 |
| (3) Procedures for suspending and revoking approvals under | 39448 |
| section 3730.05 of the Revised Code. | 39449 |
| (B) The rules adopted under division (A)(1) of this section | 39450 |
| shall establish universal blood and body fluid precautions to be | 39451 |
| used by any individual who performs tattooing or body piercing | 39452 |
| procedures. The precautions shall include all of the following: | 39453 |
| (1) The appropriate use of hand washing; | 39454 |
| (2) The handling and disposal of all needles and other sharp | 39455 |
| instruments used in tattooing or body piercing procedures; | 39456 |
| (3) The wearing and disposal of gloves and other protective | 39457 |
| garments and devices. | 39458 |
| (C) The rules adopted under division (A) of this section may | 39459 |
| include standards and procedures to be followed by a business that | 39460 |
| offers tattooing or body piercing services to ensure that the | 39461 |
| individuals who perform tattooing or body piercing procedures for | 39462 |
| the business are adequately trained to perform the procedures | 39463 |
| properly. | 39464 |
| Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the | 39465 |
| Revised Code: | 39466 |
| (A) "Agricultural labor camp" means one or more buildings or | 39467 |
| structures, trailers, tents, or vehicles, together with any land | 39468 |
| appertaining thereto, established, operated, or used as temporary | 39469 |
| living quarters for two or more families or five or more persons | 39470 |
| intending to engage in or engaged in agriculture or related food | 39471 |
| processing, whether occupancy is by rent, lease, or mutual | 39472 |
| agreement. "Agricultural labor camp" does not include a hotel or | 39473 |
|
motel, or a manufactured home park regulated pursuant to | 39474 |
| 39475 | |
| adopted thereunder. | 39476 |
| (B) "Board of health" means the board of health of a city or | 39477 |
| general health district or the authority having the duties of a | 39478 |
| board of health in any city as authorized by section 3709.05 of | 39479 |
| the Revised Code or an authorized representative of the board of | 39480 |
| health. | 39481 |
| (C) "Director" means the director of | 39482 |
| or the authorized representative of the director of health. | 39483 |
| (D) "Licensor" means the director of health. | 39484 |
| (E) "Person" means the state, any political subdivision, | 39485 |
| public or private corporation, partnership, association, trust, | 39486 |
| individual, or other entity. | 39487 |
| | 39488 |
| 39489 |
| Sec. 3733.42. The | 39490 |
| to sections 119.01 to 119.13 of the Revised Code, shall adopt | 39491 |
| rules having a uniform application throughout the state, governing | 39492 |
| the issuance of licenses, location, layout, construction, approval | 39493 |
| of plans, sanitation, safety, operation, use, and maintenance of | 39494 |
| agricultural labor camps. The rules shall establish minimum | 39495 |
| standards of habitability with which a licensee shall comply in | 39496 |
| operating an agricultural labor camp. The rules shall establish, | 39497 |
| beyond minimum standards of habitability, additional standards of | 39498 |
| habitability for those camps and shall establish priorities for | 39499 |
|
those additional standards with which a licensee may | 39500 |
| voluntarily comply. | 39501 |
| In addition to meeting the requirements of section 119.03 of | 39502 |
| the Revised Code, the director of health shall mail a notice of | 39503 |
| the date, time, and place of any hearing on the adoption, | 39504 |
| amendment, or rescission of such rules and the full text of the | 39505 |
| proposed rule, amendment, or rule to be rescinded, at least thirty | 39506 |
| days prior to the hearing date, to all persons currently | 39507 |
| authorized or licensed to operate camps by the department of | 39508 |
| health, or authorized or licensed to operate camps in the previous | 39509 |
| calendar year. | 39510 |
| Sec. 3734.01. As used in this chapter: | 39511 |
| (A) "Board of health" means the board of health of a city or | 39512 |
| general health district or the authority having the duties of a | 39513 |
| board of health in any city as authorized by section 3709.05 of | 39514 |
| the Revised Code. | 39515 |
| (B) "Director" means the director of environmental | 39516 |
| protection. | 39517 |
| (C) "Health district" means a city or general health district | 39518 |
| as created by or under authority of Chapter 3709. of the Revised | 39519 |
| Code. | 39520 |
| (D) "Agency" means the environmental protection agency. | 39521 |
| (E) "Solid wastes" means such unwanted residual solid or | 39522 |
| semisolid material as results from industrial, commercial, | 39523 |
| agricultural, and community operations, excluding earth or | 39524 |
| material from construction, mining, or demolition operations, or | 39525 |
| other waste materials of the type that normally would be included | 39526 |
| in demolition debris, nontoxic fly ash and bottom ash, including | 39527 |
| at least ash that results from the combustion of coal and ash that | 39528 |
| results from the combustion of coal in combination with scrap | 39529 |
| tires where scrap tires comprise not more than fifty per cent of | 39530 |
| heat input in any month, spent nontoxic foundry sand, and slag and | 39531 |
| other substances that are not harmful or inimical to public | 39532 |
| health, and includes, but is not limited to, garbage, scrap tires, | 39533 |
| combustible and noncombustible material, street dirt, and debris. | 39534 |
| "Solid wastes" does not include any material that is an infectious | 39535 |
| waste or a hazardous waste. | 39536 |
| (F) "Disposal" means the discharge, deposit, injection, | 39537 |
| dumping, spilling, leaking, emitting, or placing of any solid | 39538 |
| wastes or hazardous waste into or on any land or ground or surface | 39539 |
| water or into the air, except if the disposition or placement | 39540 |
| constitutes storage or treatment or, if the solid wastes consist | 39541 |
| of scrap tires, the disposition or placement constitutes a | 39542 |
| beneficial use or occurs at a scrap tire recovery facility | 39543 |
| licensed under section 3734.81 of the Revised Code. | 39544 |
| (G) "Person" includes the state, any political subdivision | 39545 |
| and other state or local body, the United States and any agency or | 39546 |
| instrumentality thereof, and any legal entity defined as a person | 39547 |
| under section 1.59 of the Revised Code. | 39548 |
| (H) "Open burning" means the burning of solid wastes in an | 39549 |
| open area or burning of solid wastes in a type of chamber or | 39550 |
| vessel that is not approved or authorized in rules adopted by the | 39551 |
| director under section 3734.02 of the Revised Code or, if the | 39552 |
| solid wastes consist of scrap tires, in rules adopted under | 39553 |
| division (V) of this section or section 3734.73 of the Revised | 39554 |
| Code, or the burning of treated or untreated infectious wastes in | 39555 |
| an open area or in a type of chamber or vessel that is not | 39556 |
| approved in rules adopted by the director under section 3734.021 | 39557 |
| of the Revised Code. | 39558 |
| (I) "Open dumping" means the depositing of solid wastes into | 39559 |
| a body or stream of water or onto the surface of the ground at a | 39560 |
| site that is not licensed as a solid waste facility under section | 39561 |
| 3734.05 of the Revised Code or, if the solid wastes consist of | 39562 |
| scrap tires, as a scrap tire collection, storage, monocell, | 39563 |
| monofill, or recovery facility under section 3734.81 of the | 39564 |
| Revised Code; the depositing of solid wastes that consist of scrap | 39565 |
| tires onto the surface of the ground at a site or in a manner not | 39566 |
| specifically identified in divisions (C)(2) to (5), (7), or (10) | 39567 |
| of section 3734.85 of the Revised Code; the depositing of | 39568 |
| untreated infectious wastes into a body or stream of water or onto | 39569 |
| the surface of the ground; or the depositing of treated infectious | 39570 |
| wastes into a body or stream of water or onto the surface of the | 39571 |
| ground at a site that is not licensed as a solid waste facility | 39572 |
| under section 3734.05 of the Revised Code. | 39573 |
| (J) "Hazardous waste" means any waste or combination of | 39574 |
| wastes in solid, liquid, semisolid, or contained gaseous form that | 39575 |
| in the determination of the director, because of its quantity, | 39576 |
| concentration, or physical or chemical characteristics, may do | 39577 |
| either of the following: | 39578 |
| (1) Cause or significantly contribute to an increase in | 39579 |
| mortality or an increase in serious irreversible or incapacitating | 39580 |
| reversible illness; | 39581 |
| (2) Pose a substantial present or potential hazard to human | 39582 |
| health or safety or to the environment when improperly stored, | 39583 |
| treated, transported, disposed of, or otherwise managed. | 39584 |
| "Hazardous waste" includes any substance identified by | 39585 |
| regulation as hazardous waste under the "Resource Conservation and | 39586 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 39587 |
| amended, and does not include any substance that is subject to the | 39588 |
| "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as | 39589 |
| amended. | 39590 |
| (K) "Treat" or "treatment," when used in connection with | 39591 |
| hazardous waste, means any method, technique, or process designed | 39592 |
| to change the physical, chemical, or biological characteristics or | 39593 |
| composition of any hazardous waste; to neutralize the waste; to | 39594 |
| recover energy or material resources from the waste; to render the | 39595 |
| waste nonhazardous or less hazardous, safer to transport, store, | 39596 |
| or dispose of, or amenable for recovery, storage, further | 39597 |
| treatment, or disposal; or to reduce the volume of the waste. When | 39598 |
| used in connection with infectious wastes, "treat" or "treatment" | 39599 |
| means any method, technique, or process designed to render the | 39600 |
| wastes noninfectious, including, without limitation, steam | 39601 |
| sterilization and incineration, or, in the instance of wastes | 39602 |
| identified in division (R)(7) of this section, to substantially | 39603 |
| reduce or eliminate the potential for the wastes to cause | 39604 |
| lacerations or puncture wounds. | 39605 |
| (L) "Manifest" means the form used for identifying the | 39606 |
| quantity, composition, origin, routing, and destination of | 39607 |
| hazardous waste during its transportation from the point of | 39608 |
| generation to the point of disposal, treatment, or storage. | 39609 |
| (M) "Storage," when used in connection with hazardous waste, | 39610 |
| means the holding of hazardous waste for a temporary period in | 39611 |
| such a manner that it remains retrievable and substantially | 39612 |
| unchanged physically and chemically and, at the end of the period, | 39613 |
| is treated; disposed of; stored elsewhere; or reused, recycled, or | 39614 |
| reclaimed in a beneficial manner. When used in connection with | 39615 |
| solid wastes that consist of scrap tires, "storage" means the | 39616 |
| holding of scrap tires for a temporary period in such a manner | 39617 |
| that they remain retrievable and, at the end of that period, are | 39618 |
| beneficially used; stored elsewhere; placed in a scrap tire | 39619 |
| monocell or monofill facility licensed under section 3734.81 of | 39620 |
| the Revised Code; processed at a scrap tire recovery facility | 39621 |
| licensed under that section or a solid waste incineration or | 39622 |
| energy recovery facility subject to regulation under this chapter; | 39623 |
| or transported to a scrap tire monocell, monofill, or recovery | 39624 |
| facility, any other solid waste facility authorized to dispose of | 39625 |
| scrap tires, or a facility that will beneficially use the scrap | 39626 |
| tires, that is located in another state and is operating in | 39627 |
| compliance with the laws of the state in which the facility is | 39628 |
| located. | 39629 |
| (N) "Facility" means any site, location, tract of land, | 39630 |
| installation, or building used for incineration, composting, | 39631 |
| sanitary landfilling, or other methods of disposal of solid wastes | 39632 |
| or, if the solid wastes consist of scrap tires, for the | 39633 |
| collection, storage, or processing of the solid wastes; for the | 39634 |
| transfer of solid wastes; for the treatment of infectious wastes; | 39635 |
| or for the storage, treatment, or disposal of hazardous waste. | 39636 |
| (O) "Closure" means the time at which a hazardous waste | 39637 |
| facility will no longer accept hazardous waste for treatment, | 39638 |
| storage, or disposal, the time at which a solid waste facility | 39639 |
| will no longer accept solid wastes for transfer or disposal or, if | 39640 |
| the solid wastes consist of scrap tires, for storage or | 39641 |
| processing, or the effective date of an order revoking the permit | 39642 |
| for a hazardous waste facility or the registration certificate, | 39643 |
| permit, or license for a solid waste facility, as applicable. | 39644 |
| "Closure" includes measures performed to protect public health or | 39645 |
| safety, to prevent air or water pollution, or to make the facility | 39646 |
| suitable for other uses, if any, including, but not limited to, | 39647 |
| the removal of processing residues resulting from solid wastes | 39648 |
| that consist of scrap tires; the establishment and maintenance of | 39649 |
| a suitable cover of soil and vegetation over cells in which | 39650 |
| hazardous waste or solid wastes are buried; minimization of | 39651 |
| erosion, the infiltration of surface water into such cells, the | 39652 |
| production of leachate, and the accumulation and runoff of | 39653 |
| contaminated surface water; the final construction of facilities | 39654 |
| for the collection and treatment of leachate and contaminated | 39655 |
| surface water runoff, except as otherwise provided in this | 39656 |
| division; the final construction of air and water quality | 39657 |
| monitoring facilities, except as otherwise provided in this | 39658 |
| division; the final construction of methane gas extraction and | 39659 |
| treatment systems; or the removal and proper disposal of hazardous | 39660 |
| waste or solid wastes from a facility when necessary to protect | 39661 |
| public health or safety or to abate or prevent air or water | 39662 |
| pollution. With regard to a solid waste facility that is a scrap | 39663 |
| tire facility, "closure" includes the final construction of | 39664 |
| facilities for the collection and treatment of leachate and | 39665 |
| contaminated surface water runoff and the final construction of | 39666 |
| air and water quality monitoring facilities only if those actions | 39667 |
| are determined to be necessary. | 39668 |
| (P) "Premises" means either of the following: | 39669 |
| (1) Geographically contiguous property owned by a generator; | 39670 |
| (2) Noncontiguous property that is owned by a generator and | 39671 |
| connected by a right-of-way that the generator controls and to | 39672 |
| which the public does not have access. Two or more pieces of | 39673 |
| property that are geographically contiguous and divided by public | 39674 |
| or private right-of-way or rights-of-way are a single premises. | 39675 |
| (Q) "Post-closure" means that period of time following | 39676 |
| closure during which a hazardous waste facility is required to be | 39677 |
| monitored and maintained under this chapter and rules adopted | 39678 |
| under it, including, without limitation, operation and maintenance | 39679 |
| of methane gas extraction and treatment systems, or the period of | 39680 |
| time after closure during which a scrap tire monocell or monofill | 39681 |
| facility licensed under section 3734.81 of the Revised Code is | 39682 |
| required to be monitored and maintained under this chapter and | 39683 |
| rules adopted under it. | 39684 |
| (R) "Infectious wastes" includes all of the following | 39685 |
| substances or categories of substances: | 39686 |
| (1) Cultures and stocks of infectious agents and associated | 39687 |
| biologicals, including, without limitation, specimen cultures, | 39688 |
| cultures and stocks of infectious agents, wastes from production | 39689 |
| of biologicals, and discarded live and attenuated vaccines; | 39690 |
| (2) Laboratory wastes that were, or are likely to have been, | 39691 |
| in contact with infectious agents that may present a substantial | 39692 |
| threat to public health if improperly managed; | 39693 |
| (3) Pathological wastes, including, without limitation, human | 39694 |
| and animal tissues, organs, and body parts, and body fluids and | 39695 |
| excreta that are contaminated with or are likely to be | 39696 |
| contaminated with infectious agents, removed or obtained during | 39697 |
| surgery or autopsy or for diagnostic evaluation, provided that, | 39698 |
| with regard to pathological wastes from animals, the animals have | 39699 |
| or are likely to have been exposed to a zoonotic or infectious | 39700 |
| agent; | 39701 |
| (4) Waste materials from the rooms of humans, or the | 39702 |
| enclosures of animals, that have been isolated because of | 39703 |
| diagnosed communicable disease that are likely to transmit | 39704 |
| infectious agents. Such waste materials from the rooms of humans | 39705 |
| do not include any wastes of patients who have been placed on | 39706 |
| blood and body fluid precautions under the universal precaution | 39707 |
| system established by the centers for disease control in the | 39708 |
| public health service of the United States department of health | 39709 |
| and human services, except to the extent specific wastes generated | 39710 |
| under the universal precautions system have been identified as | 39711 |
| infectious wastes by rules adopted under division (R)(8) of this | 39712 |
| section. | 39713 |
| (5) Human and animal blood specimens and blood products that | 39714 |
| are being disposed of, provided that, with regard to blood | 39715 |
| specimens and blood products from animals, the animals were or are | 39716 |
| likely to have been exposed to a zoonotic or infectious agent. | 39717 |
| "Blood products" does not include patient care waste such as | 39718 |
| bandages or disposable gowns that are lightly soiled with blood or | 39719 |
| other body fluids unless those wastes are soiled to the extent | 39720 |
| that the generator of the wastes determines that they should be | 39721 |
| managed as infectious wastes. | 39722 |
| (6) Contaminated carcasses, body parts, and bedding of | 39723 |
| animals that were intentionally exposed to infectious agents from | 39724 |
| zoonotic or human diseases during research, production of | 39725 |
| biologicals, or testing of pharmaceuticals, and carcasses and | 39726 |
| bedding of animals otherwise infected by zoonotic or infectious | 39727 |
| agents that may present a substantial threat to public health if | 39728 |
| improperly managed; | 39729 |
| (7) Sharp wastes used in the treatment, diagnosis, or | 39730 |
| inoculation of human beings or animals or that have, or are likely | 39731 |
| to have, come in contact with infectious agents in medical, | 39732 |
| research, or industrial laboratories, including, without | 39733 |
| limitation, hypodermic needles and syringes, scalpel blades, and | 39734 |
| glass articles that have been broken; | 39735 |
| (8) Any other waste materials generated in the diagnosis, | 39736 |
| treatment, or immunization of human beings or animals, in research | 39737 |
| pertaining thereto, or in the production or testing of | 39738 |
|
biologicals, that the | 39739 |
| 39740 | |
| accordance with Chapter 119. of the Revised Code, identifies as | 39741 |
| infectious wastes after determining that the wastes present a | 39742 |
| substantial threat to human health when improperly managed because | 39743 |
| they are contaminated with, or are likely to be contaminated with, | 39744 |
| infectious agents. | 39745 |
| (S) "Infectious agent" means a type of microorganism, | 39746 |
| helminth, or virus that causes, or significantly contributes to | 39747 |
| the cause of, increased morbidity or mortality of human beings. | 39748 |
| (T) "Zoonotic agent" means a type of microorganism, helminth, | 39749 |
| or virus that causes disease in vertebrate animals and that is | 39750 |
| transmissible to human beings and causes or significantly | 39751 |
| contributes to the cause of increased morbidity or mortality of | 39752 |
| human beings. | 39753 |
| (U) "Solid waste transfer facility" means any site, location, | 39754 |
| tract of land, installation, or building that is used or intended | 39755 |
| to be used primarily for the purpose of transferring solid wastes | 39756 |
| that were generated off the premises of the facility from vehicles | 39757 |
| or containers into other vehicles for transportation to a solid | 39758 |
| waste disposal facility. "Solid waste transfer facility" does not | 39759 |
| include any facility that consists solely of portable containers | 39760 |
| that have an aggregate volume of fifty cubic yards or less nor any | 39761 |
| facility where legitimate recycling activities are conducted. | 39762 |
| (V) "Beneficially use" means to use a scrap tire in a manner | 39763 |
| that results in a commodity for sale or exchange or in any other | 39764 |
| manner authorized as a beneficial use in rules adopted by the | 39765 |
| director in accordance with Chapter 119. of the Revised Code. | 39766 |
| (W) "Commercial car," "commercial tractor," "farm machinery," | 39767 |
| "motor bus," "vehicles," "motor vehicle," and "semitrailer" have | 39768 |
| the same meanings as in section 4501.01 of the Revised Code. | 39769 |
| (X) "Construction equipment" means road rollers, traction | 39770 |
| engines, power shovels, power cranes, and other equipment used in | 39771 |
| construction work, or in mining or producing or processing | 39772 |
| aggregates, and not designed for or used in general highway | 39773 |
| transportation. | 39774 |
| (Y) "Motor vehicle salvage dealer" has the same meaning as in | 39775 |
| section 4738.01 of the Revised Code. | 39776 |
| (Z) "Scrap tire" means an unwanted or discarded tire. | 39777 |
| (AA) "Scrap tire collection facility" means any facility that | 39778 |
| meets all of the following qualifications: | 39779 |
| (1) The facility is used for the receipt and storage of whole | 39780 |
| scrap tires from the public prior to their transportation to a | 39781 |
| scrap tire storage, monocell, monofill, or recovery facility | 39782 |
| licensed under section 3734.81 of the Revised Code; a solid waste | 39783 |
| incineration or energy recovery facility subject to regulation | 39784 |
| under this chapter; a premises within the state where the scrap | 39785 |
| tires will be beneficially used; or a scrap tire storage, | 39786 |
| monocell, monofill, or recovery facility, any other solid waste | 39787 |
| disposal facility authorized to dispose of scrap tires, or a | 39788 |
| facility that will beneficially use the scrap tires, that is | 39789 |
| located in another state, and that is operating in compliance with | 39790 |
| the laws of the state in which the facility is located. | 39791 |
| (2) The facility exclusively stores scrap tires in portable | 39792 |
| containers. | 39793 |
| (3) The aggregate storage of the portable containers in which | 39794 |
| the scrap tires are stored does not exceed five thousand cubic | 39795 |
| feet. | 39796 |
| (BB) "Scrap tire monocell facility" means an individual site | 39797 |
| within a solid waste landfill that is used exclusively for the | 39798 |
| environmentally sound storage or disposal of whole scrap tires or | 39799 |
| scrap tires that have been shredded, chipped, or otherwise | 39800 |
| mechanically processed. | 39801 |
| (CC) "Scrap tire monofill facility" means an engineered | 39802 |
| facility used or intended to be used exclusively for the storage | 39803 |
| or disposal of scrap tires, including at least facilities for the | 39804 |
| submergence of whole scrap tires in a body of water. | 39805 |
| (DD) "Scrap tire recovery facility" means any facility, or | 39806 |
| portion thereof, for the processing of scrap tires for the purpose | 39807 |
| of extracting or producing usable products, materials, or energy | 39808 |
| from the scrap tires through a controlled combustion process, | 39809 |
| mechanical process, or chemical process. "Scrap tire recovery | 39810 |
| facility" includes any facility that uses the controlled | 39811 |
| combustion of scrap tires in a manufacturing process to produce | 39812 |
| process heat or steam or any facility that produces usable heat or | 39813 |
| electric power through the controlled combustion of scrap tires in | 39814 |
| combination with another fuel, but does not include any solid | 39815 |
| waste incineration or energy recovery facility that is designed, | 39816 |
| constructed, and used for the primary purpose of incinerating | 39817 |
| mixed municipal solid wastes and that burns scrap tires in | 39818 |
| conjunction with mixed municipal solid wastes, or any tire | 39819 |
| retreading business, tire manufacturing finishing center, or tire | 39820 |
| adjustment center having on the premises of the business a single, | 39821 |
| covered scrap tire storage area at which not more than four | 39822 |
| thousand scrap tires are stored. | 39823 |
| (EE) "Scrap tire storage facility" means any facility where | 39824 |
| whole scrap tires are stored prior to their transportation to a | 39825 |
| scrap tire monocell, monofill, or recovery facility licensed under | 39826 |
| section 3734.81 of the Revised Code; a solid waste incineration or | 39827 |
| energy recovery facility subject to regulation under this chapter; | 39828 |
| a premises within the state where the scrap tires will be | 39829 |
| beneficially used; or a scrap tire storage, monocell, monofill, or | 39830 |
| recovery facility, any other solid waste disposal facility | 39831 |
| authorized to dispose of scrap tires, or a facility that will | 39832 |
| beneficially use the scrap tires, that is located in another | 39833 |
| state, and that is operating in compliance with the laws of the | 39834 |
| state in which the facility is located. | 39835 |
| (FF) "Used oil" means any oil that has been refined from | 39836 |
| crude oil, or any synthetic oil, that has been used and, as a | 39837 |
| result of that use, is contaminated by physical or chemical | 39838 |
| impurities. "Used oil" includes only those substances identified | 39839 |
| as used oil by the United States environmental protection agency | 39840 |
| under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 | 39841 |
| U.S.C.A. 6901a, as amended. | 39842 |
| (GG) "Accumulated speculatively" has the same meaning as in | 39843 |
| rules adopted by the director under section 3734.12 of the Revised | 39844 |
| Code. | 39845 |
| Sec. 3734.131. (A)(1) Except as provided in divisions (D)(1) | 39846 |
| and (2) of this section, no person shall transport any solid | 39847 |
| wastes from outside this state to a solid waste facility in this | 39848 |
| state unless that person has first irrevocably consented in | 39849 |
| writing to the jurisdiction of the courts of this state and | 39850 |
| service of process in this state, including, without limitation, | 39851 |
| summonses and subpoenas, for any civil or criminal proceeding | 39852 |
| arising out of or relating to the wastes that are shipped to a | 39853 |
| facility in this state. | 39854 |
| (2) The original of the consent-to-jurisdiction document | 39855 |
| shall be legible and shall be filed with the director of | 39856 |
| environmental protection on a form provided by the director. A | 39857 |
| legible copy of the completed document shall be filed with the | 39858 |
| owner or operator of each solid waste facility to which the wastes | 39859 |
| are transported. A consent-to-jurisdiction document applies only | 39860 |
| to shipments into this state of wastes described in division | 39861 |
| (A)(1) of this section. | 39862 |
| (3) All consent-to-jurisdiction documents required under | 39863 |
| division (A)(1) or (3) of this section shall be refiled during the | 39864 |
| month of December, 1995, and during the month of December of every | 39865 |
| fourth year thereafter. Except as provided in division (D)(1) of | 39866 |
| this section, after December 31, 1995, or after the thirty-first | 39867 |
| day of December of every fourth year thereafter, whichever is | 39868 |
| applicable, no person shall continue to transport any solid wastes | 39869 |
| from outside this state to a solid waste facility in this state | 39870 |
| unless the person refiles with the director and the owner or | 39871 |
| operator of each facility to which the wastes are transported | 39872 |
| consent-to-jurisdiction documents, in the manner prescribed in | 39873 |
| division (A)(2) of this section, during the month of December next | 39874 |
| preceding the period for which the refiled document is required. | 39875 |
| (4) If the address of a person changes from that listed on | 39876 |
| the current consent-to-jurisdiction document filed under division | 39877 |
| (A)(1) or (3) of this section, the person shall file amended | 39878 |
| consent-to-jurisdiction documents containing the new address with | 39879 |
| the director and the owner or operator of each facility to which | 39880 |
| the wastes are transported. | 39881 |
| (5)(a) Except as provided in division (D)(1) of this section, | 39882 |
| no person identified in divisions (D)(2)(a) to (d) of this section | 39883 |
| shall transport any solid wastes from outside this state to a | 39884 |
| solid waste facility in this state unless the person has first | 39885 |
| filed a notification and authorization document naming the | 39886 |
| person's agent who is authorized to accept service of process in | 39887 |
| this state, including, without limitation, summonses and | 39888 |
| subpoenas, for any civil or criminal proceeding arising out of or | 39889 |
| relating to the wastes that are shipped to a facility in this | 39890 |
| state. | 39891 |
| The original of the notification and authorization document | 39892 |
| shall be legible and shall be filed with the director on a form | 39893 |
| provided by the director. A legible copy of the completed document | 39894 |
| shall be filed with the owner or operator of each solid waste | 39895 |
| facility to which the wastes are transported. | 39896 |
| (b) All notification and authorization documents required | 39897 |
| under division (A)(5) of this section shall be refiled during the | 39898 |
| month of December, 1995, and during the month of December of every | 39899 |
| fourth year thereafter. Except as provided in division (D)(1) of | 39900 |
| this section, after December 31, 1995, or after the thirty-first | 39901 |
| day of December of every fourth year thereafter, whichever is | 39902 |
| applicable, no person identified in divisions (D)(2)(a) to (d) of | 39903 |
| this section shall continue to transport any solid wastes from | 39904 |
| outside this state to a solid waste facility in this state unless | 39905 |
| the person refiles with the director and the owner or operator of | 39906 |
| each facility to which the wastes are transported notification and | 39907 |
| authorization documents, in the manner prescribed in division | 39908 |
| (A)(5)(a) of this section, during the month of December next | 39909 |
| preceding the period for which the refiled document is required. | 39910 |
| (c) If a person's agent or the address of a person's agent | 39911 |
| changes from that listed on the current notification and | 39912 |
| authorization document filed under division (A)(5)(a) or (b) of | 39913 |
| this section, the person shall file amended notification and | 39914 |
| authorization documents containing the name and address of the new | 39915 |
| agent or the agent's new address with the director and the owner | 39916 |
| or operator of each facility to which the wastes are transported. | 39917 |
| (B) A person who enters this state pursuant to a summons, | 39918 |
| subpoena, or other form of process authorized by this section is | 39919 |
| not subject to arrest or the service of process, whether civil or | 39920 |
| criminal, in connection with other matters that arose before his | 39921 |
| entrance into this state pursuant to the summons, subpoena, or | 39922 |
| other form of process authorized by this section. | 39923 |
| (C)(1) Except as provided in division (D)(1) of this section, | 39924 |
| no owner, operator, or employee of a solid waste facility shall | 39925 |
| accept for treatment, transfer, storage, or disposal at the | 39926 |
| facility any solid wastes from outside the boundaries of this | 39927 |
| state unless the facility has received a copy of the | 39928 |
| consent-to-jurisdiction document or notification and authorization | 39929 |
| document required under this section and applicable to the wastes. | 39930 |
| (2) The owner or operator of a solid waste facility shall | 39931 |
| keep the consent-to-jurisdiction documents and the notification | 39932 |
| and authorization documents filed with him under this section at | 39933 |
| the facility in such a location and manner that they are readily | 39934 |
| accessible to the director or his authorized representative, and | 39935 |
| the board of health having jurisdiction over the facility and its | 39936 |
| authorized representative, for the purposes of sections 3734.07 | 39937 |
| and 3734.10 of the Revised Code. | 39938 |
| (D)(1) Divisions (A), (B), and (C) of this section do not | 39939 |
| apply to the transportation, transfer, or disposal of solid wastes | 39940 |
| from residential premises located less than ten miles outside the | 39941 |
| boundaries of this state. | 39942 |
| (2) Divisions (A)(1) to (4) of this section do not apply to | 39943 |
| any of the following: | 39944 |
| (a) A corporation incorporated under the laws of this state | 39945 |
| that has appointed a statutory agent pursuant to section 1701.07 | 39946 |
| of the Revised Code; | 39947 |
| (b) A foreign corporation licensed to transact business in | 39948 |
| this state that has appointed a designated agent pursuant to | 39949 |
| section 1703.041 of the Revised Code; | 39950 |
| (c) A | 39951 |
| 39952 | |
| Code, that is a nonresident; | 39953 |
| (d) Any other person who is a resident of this state. | 39954 |
| Sec. 3734.15. (A) No person shall transport hazardous waste | 39955 |
|
anywhere in this state unless | 39956 |
| with and obtained a uniform permit from the public utilities | 39957 |
|
commission in accordance with | 39958 |
| Revised Code. | 39959 |
| For the purposes of this section, "registered transporter" | 39960 |
| means any person who is registered with and has received a uniform | 39961 |
|
permit from the public utilities commission pursuant to | 39962 |
| 39963 |
| (B) A registered transporter of hazardous waste shall be | 39964 |
|
responsible for the safe delivery of any hazardous waste that | 39965 |
| the registered transporter transports from such time as | 39966 |
|
registered transporter obtains the waste until | 39967 |
| transporter delivers it to a treatment, storage, or disposal | 39968 |
| facility specified in division (F) of section 3734.02 of the | 39969 |
| Revised Code, as recorded on the manifest required in division (B) | 39970 |
| of section 3734.12 of the Revised Code. Any registered transporter | 39971 |
| who violates this chapter or any rule adopted under the chapter | 39972 |
| while transporting hazardous waste shall be liable for any damage | 39973 |
| or injury caused by the violation and for the costs of rectifying | 39974 |
| the violation and conditions caused by the violation. | 39975 |
| (C) No person who generates hazardous waste shall cause the | 39976 |
| waste to be transported by any person who is not a registered | 39977 |
| transporter. No person shall accept for treatment, storage, or | 39978 |
| disposal any hazardous waste from an unregistered transporter. Any | 39979 |
| person who is requested to accept such waste for treatment, | 39980 |
| storage, or disposal shall notify the director, the board of | 39981 |
|
health in | 39982 |
| commission of the request. | 39983 |
| If a generator causes an unregistered transporter to | 39984 |
| transport the hazardous waste, the generator of the waste, the | 39985 |
| transporter, and any person who accepts the waste for treatment, | 39986 |
| storage, or disposal shall be jointly and severally liable for any | 39987 |
| damage or injury caused by the handling of the waste and for the | 39988 |
| costs of rectifying their violation and conditions caused by their | 39989 |
| violation. | 39990 |
| Sec. 3734.51. There is hereby created within the | 39991 |
| environmental protection agency the solid waste management | 39992 |
| advisory council consisting of the directors of environmental | 39993 |
|
protection | 39994 |
| designees, as members ex officio, one member of the senate to be | 39995 |
| appointed by the president of the senate, one member of the house | 39996 |
| of representatives to be appointed by the speaker of the house of | 39997 |
| representatives, and fourteen members to be appointed by the | 39998 |
| governor with the advice and consent of the senate. Of the | 39999 |
| appointed members, one shall be an employee of a health district | 40000 |
| whose duties include enforcement of the solid waste provisions of | 40001 |
| this chapter, two shall represent the interests of counties, two | 40002 |
| shall represent the interests of municipal corporations, two shall | 40003 |
| represent the interests of townships, one shall represent the | 40004 |
| interests of county solid waste management districts, one shall | 40005 |
| represent the interests of joint solid waste management districts, | 40006 |
| one shall represent the interests of industrial generators of | 40007 |
| solid wastes, one shall be from the private recycling industry, | 40008 |
| one shall be from the private solid waste management industry, one | 40009 |
| shall be from a statewide environmental advocacy organization, and | 40010 |
|
one shall represent the public.
| 40011 |
| 40012 | |
| 40013 | |
| 40014 | |
| 40015 | |
| 40016 | |
| 40017 | |
| 40018 | |
| 40019 | |
| 40020 | |
| 40021 | |
| be for two years with each term ending on the same day of the same | 40022 |
| month as did the term that it succeeds. Each member shall hold | 40023 |
|
office from the date of | 40024 |
|
for which | 40025 |
| Vacancies shall be filled in the manner provided for original | 40026 |
| appointments. Any member appointed to fill a vacancy occurring | 40027 |
|
prior to the expiration of the term for which | 40028 |
| predecessor was appointed shall hold office for the remainder of | 40029 |
| that term. A member shall continue in office subsequent to the | 40030 |
|
expiration of | 40031 |
| days has elapsed, whichever occurs first. | 40032 |
| The advisory council shall hold at least four regular | 40033 |
| quarterly meetings each year. Special meetings may be held at the | 40034 |
|
behest of the | 40035 |
|
The director of environmental protection shall serve as | 40036 |
| chairperson of the advisory council. The advisory council annually | 40037 |
|
shall select from among its members a vice- | 40038 |
| and a secretary to keep a record of its proceedings. A majority | 40039 |
| vote of the members of the advisory council is necessary to take | 40040 |
| action on any matter. | 40041 |
| Serving as an appointed member of the advisory council does | 40042 |
| not constitute holding a public office or position of employment | 40043 |
| under the laws of this state and does not constitute grounds for | 40044 |
| removal of public officers or employees from their offices or | 40045 |
| positions of employment. The governor may remove an appointed | 40046 |
| member of the advisory council at any time for misfeasance, | 40047 |
| nonfeasance, or malfeasance in office. | 40048 |
| Appointed members of the advisory council shall serve without | 40049 |
| compensation for attending council meetings. Members of the | 40050 |
| advisory council shall be reimbursed for their actual and | 40051 |
| necessary expenses incurred in the performance of their duties as | 40052 |
| members of the council from moneys appropriated to the | 40053 |
| environmental protection agency for administration and enforcement | 40054 |
| of the solid waste provisions of this chapter. | 40055 |
| The advisory council shall do all of the following: | 40056 |
| (A) Advise and assist the director of environmental | 40057 |
| protection with preparation of the state solid waste management | 40058 |
| plan and periodic revisions to the plan under section 3734.50 of | 40059 |
| the Revised Code; | 40060 |
| (B) Approve or disapprove the draft state solid waste | 40061 |
| management plan and periodic revisions prior to adoption of the | 40062 |
| plan under section 3734.50 of the Revised Code; | 40063 |
| (C) Annually review implementation of the state solid waste | 40064 |
| management plan and the solid waste management plans of county and | 40065 |
| joint solid waste management districts approved or ordered to be | 40066 |
| implemented under section 3734.521 or 3734.55 of the Revised Code | 40067 |
| or amendments to those plans approved or ordered to be implemented | 40068 |
| under section 3734.521 or 3734.56 of the Revised Code, and report | 40069 |
| its findings to the director. | 40070 |
| Sec. 3734.55. (A) Upon completion of its draft solid waste | 40071 |
| management plan under section 3734.54 of the Revised Code, the | 40072 |
| solid waste management policy committee of a county or joint solid | 40073 |
| waste management district shall send a copy of the draft plan to | 40074 |
| the director of environmental protection for preliminary review | 40075 |
| and comment. Within forty-five days after receiving the draft | 40076 |
| plan, the director shall provide the committee with a written, | 40077 |
| nonbinding advisory opinion regarding the draft plan and any | 40078 |
| recommended changes to it that the director considers necessary to | 40079 |
| effect its approval. After receipt of the director's written | 40080 |
| opinion, the committee may make such revisions to the draft plan | 40081 |
| based on the director's opinion as it considers appropriate. Upon | 40082 |
| receipt of the director's opinion and after making any such | 40083 |
| revisions to the draft plan, the committee shall prepare and | 40084 |
| publish in at least one newspaper of general circulation within | 40085 |
| the county or joint district a public notice that describes the | 40086 |
| draft plan, specifies the location where it is available for | 40087 |
| review, and establishes a period of thirty days for comments | 40088 |
| concerning the draft plan. The committee shall send written notice | 40089 |
| of the draft plan to adjacent county and joint districts and shall | 40090 |
| make it available for review by those districts, by the board of | 40091 |
| county commissioners of each county forming the district, by all | 40092 |
| municipal corporations and townships within the county or joint | 40093 |
| district, and by the public. The committee also shall send written | 40094 |
| notice of the plan to the director and to the fifty industrial, | 40095 |
| commercial, or institutional generators of solid wastes within the | 40096 |
| district that generate the largest quantities of solid wastes, as | 40097 |
| determined by the board, and their local trade associations. The | 40098 |
| board shall make good faith efforts to identify those generators | 40099 |
| within the district and their local trade associations, but the | 40100 |
| nonprovision of notice under this division to a particular | 40101 |
| industrial, commercial, or institutional generator or local trade | 40102 |
| association does not invalidate the proceedings under this | 40103 |
| section. All such written notices shall include the date, time, | 40104 |
| and location of the public hearing; the dates when the comment | 40105 |
| period begins and ends; and a description of the plan that | 40106 |
| includes, without limitation, the proposed amount of the fees to | 40107 |
| be levied under the plan pursuant to division (B) of section | 40108 |
| 3734.57 or division (A) of section 3734.573 of the Revised Code, | 40109 |
| if any, and an indication as to whether the provision required to | 40110 |
| be included in the plan under division (E)(1) of section 3734.53 | 40111 |
| of the Revised Code authorizes the board of county commissioners | 40112 |
| or directors of the district to establish, or precludes the board | 40113 |
| from establishing, facility designations under section 343.014 of | 40114 |
| the Revised Code. Within fifteen days after expiration of the | 40115 |
| comment period, the committee shall conduct a public hearing | 40116 |
| concerning the draft plan and, at least fifteen days before the | 40117 |
| hearing, shall publish in at least one newspaper of general | 40118 |
| circulation within the county or joint district a notice | 40119 |
| containing the time and place of the hearing and the location | 40120 |
| where the draft plan is available for review. | 40121 |
| (B) After the public hearing, the committee may modify the | 40122 |
| draft plan based upon the public's comments and shall adopt or | 40123 |
| reject it by a majority vote. Within thirty days after adoption of | 40124 |
| the draft plan, the committee shall deliver a copy of it to the | 40125 |
| board of county commissioners of each county forming the district | 40126 |
| and to the legislative authority of each municipal corporation and | 40127 |
| township under the jurisdiction of the district. Within ninety | 40128 |
| days after receiving a copy of the draft plan adopted by the | 40129 |
| committee, each such board and legislative authority shall approve | 40130 |
| or disapprove the draft plan, by ordinance or resolution, and | 40131 |
| deliver a copy of the ordinance or resolution to the committee. | 40132 |
| The solid waste management policy committee of a county | 40133 |
| district or a joint district formed by two or three counties shall | 40134 |
| declare the draft plan to be ratified as the solid waste | 40135 |
| management plan of the district upon determining that the board of | 40136 |
| county commissioners of each county forming the district has | 40137 |
| approved the draft plan and that the legislative authorities of a | 40138 |
| combination of municipal corporations and townships with a | 40139 |
| combined population within the county or joint district comprising | 40140 |
| at least sixty per cent of the total population of the district | 40141 |
| have approved the draft plan, provided that in the case of a | 40142 |
| county district, that combination shall include the municipal | 40143 |
| corporation having the largest population within the boundaries of | 40144 |
| the district, and provided further that in the case of a joint | 40145 |
| district formed by two or three counties, that combination shall | 40146 |
| include for each county forming the joint district the municipal | 40147 |
| corporation having the largest population within the boundaries of | 40148 |
| both the county in which the municipal corporation is located and | 40149 |
| the joint district. The solid waste management policy committee of | 40150 |
| a joint district formed by four or more counties shall declare the | 40151 |
| draft plan to be ratified as the solid waste management plan of | 40152 |
| the joint district upon determining that the boards of county | 40153 |
| commissioners of a majority of the counties forming the district | 40154 |
| have approved the draft plan; that, in each of a majority of the | 40155 |
| counties forming the joint district, the draft plan has been | 40156 |
| approved by the municipal corporation having the largest | 40157 |
| population within the county and the joint district; and that the | 40158 |
| legislative authorities of a combination of municipal corporations | 40159 |
| and townships with a combined population within the joint district | 40160 |
| comprising at least sixty per cent of the total population of the | 40161 |
| joint district have approved the draft plan. | 40162 |
| For the purposes of this division and division (C)(2) of this | 40163 |
| section, only the population of the unincorporated area of a | 40164 |
| township shall be considered. For the purpose of determining the | 40165 |
| largest municipal corporation within each county under this | 40166 |
| division and division (C)(2) of this section, a municipal | 40167 |
| corporation that is located in more than one solid waste | 40168 |
| management district, but that is under the jurisdiction of one | 40169 |
| county or joint solid waste management district in accordance with | 40170 |
| division (A) of section 3734.52 of the Revised Code shall be | 40171 |
| considered to be within the boundaries of the county in which a | 40172 |
| majority of the population of the municipal corporation resides. | 40173 |
| (C)(1) Upon ratification of the draft plan under division (B) | 40174 |
| of this section, the committee shall submit it to the director for | 40175 |
| review and approval for compliance with the requirements of | 40176 |
| divisions (A), (B), (D), and (E)(1) of section 3734.53 of the | 40177 |
| Revised Code. The director, by order, shall approve or disapprove | 40178 |
| the plan within ninety days after its submission. The director | 40179 |
| shall include with an order disapproving a plan a statement | 40180 |
| outlining the deficiencies in the plan and directing the committee | 40181 |
| to submit, within ninety days after issuance of the order, a | 40182 |
| revised plan that remedies those deficiencies, except that if the | 40183 |
| committee, by resolution, requests an extension of the time for | 40184 |
| submission of a revised plan, the director, for good cause shown, | 40185 |
| may grant one such extension for a period of not more than sixty | 40186 |
| additional days. | 40187 |
| (2) Within sixty days after issuance of the order | 40188 |
| disapproving its plan, the committee shall prepare a draft revised | 40189 |
| plan, adopt a draft revised plan by a majority vote, and deliver a | 40190 |
| copy of the draft revised plan to the board of county | 40191 |
| commissioners of each county forming the district and to the | 40192 |
| legislative authority of each municipal corporation and township | 40193 |
| under the jurisdiction of the district. Within twenty-one days | 40194 |
| after the delivery of the draft revised plan, each such board and | 40195 |
| legislative authority shall approve or disapprove the draft | 40196 |
| revised plan, by ordinance or resolution, and deliver a copy of | 40197 |
| the ordinance or resolution to the committee. In the case of a | 40198 |
| county district or a joint district formed by two or three | 40199 |
| counties, the committee shall declare the draft revised plan to be | 40200 |
| ratified as the solid waste management plan of the county or joint | 40201 |
| district upon determining that the board of county commissioners | 40202 |
| of each county forming the district has approved the draft revised | 40203 |
| plan and that the legislative authorities of a combination of | 40204 |
| municipal corporations and townships with a combined population | 40205 |
| within the district comprising at least sixty per cent of the | 40206 |
| total population of the district have approved the draft revised | 40207 |
| plan, provided that in the case of a county district, that | 40208 |
| combination shall include the municipal corporation having the | 40209 |
| largest population within the boundaries of the district, and | 40210 |
| provided further that in the case of a joint district formed by | 40211 |
| two or three counties, that combination shall include for each | 40212 |
| county forming the joint district the municipal corporation having | 40213 |
| the largest population within the boundaries of both the county in | 40214 |
| which the municipal corporation is located and the joint district. | 40215 |
| In the case of a joint district formed by four or more counties, | 40216 |
| the committee shall declare the draft revised plan to be ratified | 40217 |
| as the solid waste management plan of the joint district upon | 40218 |
| determining that the boards of county commissioners of a majority | 40219 |
| of the counties forming the district have approved the draft | 40220 |
| revised plan; that, in each of a majority of the counties forming | 40221 |
| the joint district, the draft revised plan has been approved by | 40222 |
| the municipal corporation having the largest population within the | 40223 |
| county and the joint district; and that the legislative | 40224 |
| authorities of a combination of municipal corporations and | 40225 |
| townships with a combined population within the joint district | 40226 |
| comprising at least sixty per cent of the total population of the | 40227 |
| joint district have approved the draft revised plan. Upon | 40228 |
| ratification of the draft revised plan, the committee shall submit | 40229 |
| it to the director for approval in accordance with division (C)(1) | 40230 |
| of this section. The director, by order, shall approve or | 40231 |
| disapprove the draft revised plan within thirty days after | 40232 |
| receiving it. | 40233 |
| (3) Notwithstanding section 119.06 of the Revised Code, the | 40234 |
| director may approve or disapprove a plan or revised plan | 40235 |
| submitted under division (C)(1) or (2) of this section by issuance | 40236 |
| of a final order that is effective upon issuance, without the | 40237 |
| necessity to hold any adjudication hearing in connection with the | 40238 |
| order and without issuance of a proposed action under section | 40239 |
| 3745.07 of the Revised Code. In any appeal taken under section | 40240 |
| 3745.04 of the Revised Code pertaining to the director's | 40241 |
| disapproval of the solid waste management plan or revised plan of | 40242 |
| a county or joint district, the solid waste management policy | 40243 |
| committee of the county or joint district and the director shall | 40244 |
| be the parties. Upon a showing by the policy committee that there | 40245 |
| is a substantial likelihood that it will prevail on the merits, | 40246 |
| the environmental review appeals commission, within thirty days | 40247 |
| after filing of the notice of appeal under that section and | 40248 |
| pending final determination of the appeal, may grant temporary | 40249 |
| relief from the director's order disapproving the district's plan, | 40250 |
| including the issuance of appropriate orders to the director to | 40251 |
| refrain from acting under division (D) of this section. | 40252 |
| (4) After approval of the plan or revised plan by the | 40253 |
| director, the board of county commissioners of a county district | 40254 |
| or board of directors of a joint district shall implement the plan | 40255 |
| in compliance with the implementation schedule contained in the | 40256 |
| approved plan. | 40257 |
| The committee annually shall review implementation of the | 40258 |
| plan approved under this section or section 3734.521 of the | 40259 |
| Revised Code and subsequent amended plans approved under section | 40260 |
| 3734.521 or 3734.56 of the Revised Code and report its findings | 40261 |
| and recommendations regarding implementation of the plan to the | 40262 |
| board of county commissioners or board of directors of the | 40263 |
| district. | 40264 |
| (D) If the director finds that a county or joint solid waste | 40265 |
| management district has failed to obtain approval of its solid | 40266 |
| waste management plan within eighteen months after the applicable | 40267 |
| date prescribed for submission of its plan under division (A) of | 40268 |
| section 3734.54 of the Revised Code or within twenty-four months | 40269 |
| after that date if the date for submission was extended under that | 40270 |
| division, the director shall prepare a solid waste management plan | 40271 |
| for the county or joint district that complies with divisions (A) | 40272 |
| and (D) of section 3734.53 of the Revised Code. The plan shall not | 40273 |
| contain any of the provisions required or authorized to be | 40274 |
| included in plans submitted by districts under division (B), (C), | 40275 |
| or (E) of that section. Upon completion of the plan, the director | 40276 |
| shall issue an order in accordance with Chapter 3745. of the | 40277 |
| Revised Code directing the board of county commissioners or board | 40278 |
| of directors of the district to implement the plan in compliance | 40279 |
| with the implementation schedule contained in it. | 40280 |
| Within thirty days after the effective date of the order to | 40281 |
| implement the plan, the board of county commissioners or board of | 40282 |
| directors of the district shall determine whether the solid waste | 40283 |
| management policy committee of the district should continue to | 40284 |
| exist to monitor implementation of the plan or for the purposes of | 40285 |
| division (B) of section 3734.57 or section 3734.574 of the Revised | 40286 |
| Code. The board, by resolution, may abolish the committee if it | 40287 |
| determines that the committee is not necessary for any of those | 40288 |
| purposes. If the board of county commissioners or directors of a | 40289 |
| district that has so abolished the policy committee of the | 40290 |
| district finds that it is necessary or appropriate for the | 40291 |
| district to consider levying fees under section 3734.574 of the | 40292 |
| Revised Code, the board shall reestablish and convene the policy | 40293 |
| committee to initiate proceedings to levy the fees. If the fees | 40294 |
| are levied, the policy committee shall continue to exist for as | 40295 |
| long as the district is levying the fees. If, after a policy | 40296 |
| committee is convened to initiate proceedings to levy those fees, | 40297 |
| the fees are not levied or are abolished under section 3734.574 of | 40298 |
| the Revised Code, the board, by resolution, may abolish the | 40299 |
| committee if it determines that the committee is not necessary to | 40300 |
| monitor implementation of the plan. | 40301 |
| (E) If the director finds that the board of county | 40302 |
| commissioners or the board of directors of a district has | 40303 |
| materially failed to implement the district's plan or amended plan | 40304 |
| approved under division (C) of this section or section 3734.521 or | 40305 |
| 3734.56 of the Revised Code, or prepared and ordered to be | 40306 |
| implemented under division (D) of this section or section 3734.521 | 40307 |
| or 3734.56 of the Revised Code, in compliance with the | 40308 |
| implementation schedule contained in the plan or amended plan, the | 40309 |
| director shall issue an enforcement order under division (A) of | 40310 |
| section 3734.13 of the Revised Code directing the board to comply | 40311 |
| with the implementation schedule in the plan or amended plan | 40312 |
| within a specified, reasonable time. If the director finds that | 40313 |
| the board of county commissioners or directors of a district for | 40314 |
| which the provision included in the district's initial or amended | 40315 |
| plan approved under section 3734.521, 3734.55, or 3734.56 of the | 40316 |
| Revised Code pursuant to division (E)(1) or (2)(b) or (c) of | 40317 |
| section 3734.53 of the Revised Code, or an amendment to the | 40318 |
| district's approved initial or amended plan adopted and ratified | 40319 |
| under division (F) of section 3734.56 of the Revised Code, | 40320 |
| precludes the board from establishing facility designations under | 40321 |
| section 343.014 of the Revised Code has initiated proceedings to | 40322 |
| establish facility designations in violation of that section and | 40323 |
| the district's initial or amended plan, the director shall issue | 40324 |
| an enforcement order under division (A) of section 3734.13 of the | 40325 |
| Revised Code directing the board, at the board's discretion, to | 40326 |
| either abandon the proceedings or suspend them until after the | 40327 |
| board has adopted and obtained ratification of an amendment to the | 40328 |
| district's initial or amended plan under division (F) of section | 40329 |
| 3734.56 of the Revised Code that authorizes the board to establish | 40330 |
| facility designations under section 343.014 of the Revised Code. | 40331 |
| If the director finds that a board of county commissioners or | 40332 |
| directors of a district for which the provision included in the | 40333 |
| district's initial or amended plan approved under section | 40334 |
| 3734.521, 3734.55, or 3734.56 of the Revised Code pursuant to | 40335 |
| division (E)(1) or (2)(b) or (c) of section 3734.53 of the Revised | 40336 |
| Code, or an amendment to the district's approved initial or | 40337 |
| amended plan adopted and ratified under division (F) of section | 40338 |
| 3734.56 of the Revised Code, authorizes the board to establish | 40339 |
| facility designations under section 343.014 of the Revised Code | 40340 |
| has established facility designations under section 343.014 of the | 40341 |
| Revised Code or continued facility designations under section | 40342 |
| 343.015 of the Revised Code and subsequently has initiated | 40343 |
| proceedings to terminate any such facility designations in | 40344 |
| violation of section 343.014 of the Revised Code and the | 40345 |
| district's initial or amended plan, the director shall issue an | 40346 |
| enforcement order under division (A) of section 3734.13 of the | 40347 |
| Revised Code directing the board, at the board's discretion, to | 40348 |
| either abandon the proceedings or adopt and obtain ratification of | 40349 |
| an amendment to the district's initial or amended plan under | 40350 |
| division (F) of section 3734.56 of the Revised Code that precludes | 40351 |
| the board from establishing facility designations under section | 40352 |
| 343.014 of the Revised Code. | 40353 |
| (F) The director shall maintain a record of the county and | 40354 |
| joint solid waste management district solid waste management plans | 40355 |
| and amended plans that the director has approved or ordered to be | 40356 |
| implemented under this section, section 3734.521, and section | 40357 |
|
3734.56 of the Revised Code. | 40358 |
| 40359 | |
| 40360 | |
| 40361 |
| (G)(1) As used in divisions (C)(4), (D)(1) and (2), and (E) | 40362 |
| of this section and section 3734.521 of the Revised Code, any | 40363 |
| reference to a board of county commissioners of a county or a | 40364 |
| board of directors of a joint solid waste management district is | 40365 |
| deemed to include the board of trustees of a regional solid waste | 40366 |
| management authority formed under section 343.011 of the Revised | 40367 |
| Code. | 40368 |
| (2) As used in this section and sections 3734.521 and 3734.57 | 40369 |
| of the Revised Code, "deliver" includes mailing as well as | 40370 |
| delivery by a means other than mailing. | 40371 |
| Sec. 3734.79. (A) Except as provided in division (B) of this | 40372 |
| section, each application for a permit submitted under sections | 40373 |
| 3734.76 to 3734.78 of the Revised Code shall be accompanied by a | 40374 |
| nonrefundable application fee of four hundred dollars that shall | 40375 |
| be credited to the scrap tire management fund created in section | 40376 |
| 3734.82 of the Revised Code. If a permit is issued, the amount of | 40377 |
| the application fee paid shall be deducted from the amount of the | 40378 |
|
applicable permit fee due under division
| 40379 |
| of the Revised Code. | 40380 |
| (B) Division (A) of this section does not apply to an | 40381 |
| application for a permit for a scrap tire storage facility | 40382 |
| submitted under section 3734.76 of the Revised Code if the owner | 40383 |
| or operator of the facility or proposed facility is a motor | 40384 |
| vehicle salvage dealer licensed under Chapter 4738. of the Revised | 40385 |
| Code. | 40386 |
| Sec. 3734.82. (A) The annual fee for a scrap tire recovery | 40387 |
| facility license issued under section 3734.81 of the Revised Code | 40388 |
| shall be in accordance with the following schedule: | 40389 |
| Daily Design | Annual | 40390 | |||
| Input Capacity | License | 40391 | |||
| (Tons) | Fee | 40392 |
| 1 or less | $ 100 | 40393 | ||||
| 2 to 25 | 500 | 40394 | ||||
| 26 to 50 | 1,000 | 40395 | ||||
| 51 to 100 | 1,500 | 40396 | ||||
| 101 to 200 | 2,500 | 40397 | ||||
| 201 to 500 | 3,500 | 40398 | ||||
| 501 or more | 5,500 | 40399 |
| For the purpose of determining the applicable license fee | 40400 |
| under this division, the daily design input capacity shall be the | 40401 |
| quantity of scrap tires the facility is designed to process daily | 40402 |
| as set forth in the registration certificate or permit for the | 40403 |
| facility, and any modifications to the permit, if applicable, | 40404 |
| issued under section 3734.78 of the Revised Code. | 40405 |
| (B) The annual fee for a scrap tire monocell or monofill | 40406 |
| facility license shall be in accordance with the following | 40407 |
| schedule: | 40408 |
| Authorized Maximum | Annual | 40409 | |||
| Daily Waste Receipt | License | 40410 | |||
| (Tons) | Fee | 40411 | |||
| 100 or less | $ 5,000 | 40412 | |||
| 101 to 200 | 12,500 | 40413 | |||
| 201 to 500 | 30,000 | 40414 | |||
| 501 or more | 60,000 | 40415 |
| For the purpose of determining the applicable license fee | 40416 |
| under this division, the authorized maximum daily waste receipt | 40417 |
| shall be the maximum amount of scrap tires the facility is | 40418 |
| authorized to receive daily that is established in the permit for | 40419 |
| the facility, and any modification to that permit, issued under | 40420 |
| section 3734.77 of the Revised Code. | 40421 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 40422 |
| this section, the annual fee for a scrap tire storage facility | 40423 |
| license shall equal one thousand dollars times the number of acres | 40424 |
| on which scrap tires are to be stored at the facility during the | 40425 |
| license year, as set forth on the application for the annual | 40426 |
| license, except that the total annual license fee for any such | 40427 |
| facility shall not exceed three thousand dollars. | 40428 |
| (2) The annual fee for a scrap tire storage facility license | 40429 |
| for a storage facility that is owned or operated by a motor | 40430 |
| vehicle salvage dealer licensed under Chapter 4738. of the Revised | 40431 |
| Code is one hundred dollars. | 40432 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 40433 |
| this section, the annual fee for a scrap tire collection facility | 40434 |
| license is two hundred dollars. | 40435 |
| (2) The annual fee for a scrap tire collection facility | 40436 |
| license for a collection facility that is owned or operated by a | 40437 |
| motor vehicle salvage dealer licensed under Chapter 4738. of the | 40438 |
| Revised Code is fifty dollars. | 40439 |
| (E) Except as otherwise provided in divisions (C)(2) and | 40440 |
| (D)(2) of this section, the same fees apply to private operators | 40441 |
| and to the state and its political subdivisions and shall be paid | 40442 |
| within thirty days after the issuance of a license. The fees | 40443 |
| include the cost of licensing, all inspections, and other costs | 40444 |
| associated with the administration of the scrap tire provisions of | 40445 |
| this chapter and rules adopted under them. Each license shall | 40446 |
| specify that it is conditioned upon payment of the applicable fee | 40447 |
| to the board of health or the director of environmental | 40448 |
| protection, as appropriate, within thirty days after the issuance | 40449 |
| of the license. | 40450 |
| (F) The board of health shall retain fifteen thousand dollars | 40451 |
| of each license fee collected by the board under division (B) of | 40452 |
| this section, or the entire amount of any such fee that is less | 40453 |
| than fifteen thousand dollars, and the entire amount of each | 40454 |
| license fee collected by the board under divisions (A), (C), and | 40455 |
| (D) of this section. The moneys retained shall be paid into a | 40456 |
| special fund, which is hereby created in each health district, and | 40457 |
| used solely to administer and enforce the scrap tire provisions of | 40458 |
| this chapter and rules adopted under them. The remainder, if any, | 40459 |
| of each license fee collected by the board under division (B) of | 40460 |
| this section shall be transmitted to the director within | 40461 |
| forty-five days after receipt of the fee. | 40462 |
| (G) The director shall transmit the moneys received by the | 40463 |
| director from license fees collected under division (B) of this | 40464 |
| section to the treasurer of state to be credited to the scrap tire | 40465 |
| management fund, which is hereby created in the state treasury. | 40466 |
| The fund shall consist of all federal moneys received by the | 40467 |
| environmental protection agency for the scrap tire management | 40468 |
| program; all grants, gifts, and contributions made to the director | 40469 |
| for that program; and all other moneys that may be provided by law | 40470 |
| for that program. The director shall use moneys in the fund as | 40471 |
| follows: | 40472 |
| (1) Expend amounts determined necessary by the director to | 40473 |
| implement, administer, and enforce the scrap tire provisions of | 40474 |
| this chapter and rules adopted under them; | 40475 |
| (2) During each fiscal year, request the director of budget | 40476 |
| and management to, and the director of budget and management | 40477 |
| shall, transfer one million dollars to the scrap tire grant fund | 40478 |
|
created in section
| 40479 |
| supporting market development activities for scrap tires and | 40480 |
| synthetic rubber from tire manufacturing processes and tire | 40481 |
| recycling processes. In addition, during a fiscal year, the | 40482 |
| director of environmental protection may request the director of | 40483 |
| budget and management to, and the director of budget and | 40484 |
| management shall, transfer up to an additional five hundred | 40485 |
| thousand dollars to the scrap tire grant fund for scrap tire | 40486 |
| amnesty events and scrap tire cleanup events. | 40487 |
| (3) After the expenditures and transfers are made under | 40488 |
| divisions (G)(1) and (2) of this section, expend the balance of | 40489 |
| the money in the scrap tire management fund remaining in each | 40490 |
| fiscal year to conduct removal actions under section 3734.85 of | 40491 |
| the Revised Code and to provide grants to boards of health under | 40492 |
| section 3734.042 of the Revised Code. | 40493 |
| | 40494 |
| state treasury the scrap tire grant fund, consisting of moneys | 40495 |
| transferred to the fund under section 3734.82 of the Revised Code. | 40496 |
|
The | 40497 |
| 40498 | |
| protection may make grants from the fund for the following | 40499 |
| purposes: | 40500 |
| (1) Supporting market development activities for scrap tires | 40501 |
| and synthetic rubber from tire manufacturing processes and tire | 40502 |
| recycling processes; | 40503 |
| (2) Supporting scrap tire amnesty and cleanup events | 40504 |
| sponsored by solid waste management districts. | 40505 |
| Grants awarded under division (A)(1) of this section may be | 40506 |
| awarded to individuals, businesses, and entities certified under | 40507 |
|
division (A) of section | 40508 |
| (B) Projects and activities that are eligible for grants | 40509 |
| under division (A)(1) of this section shall be evaluated for | 40510 |
| funding using, at a minimum, the following criteria: | 40511 |
| (1) The degree to which a proposed project contributes to the | 40512 |
| increased use of scrap tires generated in this state; | 40513 |
| (2) The degree of local financial support for a proposed | 40514 |
| project; | 40515 |
| (3) The technical merit and quality of a proposed project. | 40516 |
| Sec. 3735.37. A metropolitan housing authority shall keep an | 40517 |
| accurate account of all its activities and of all receipts and | 40518 |
|
expenditures and make an annual report | 40519 |
| 40520 | |
| excess of operating expenditures shall be devoted to the payment | 40521 |
| of interest and sinking fund charges for the retirement of | 40522 |
| indebtedness, whether secured by mortgage or otherwise, and from | 40523 |
| the excess there shall be set aside such fund as the authority | 40524 |
| deems proper for the purpose of covering repairs, depreciation, | 40525 |
| and reserves. Whatever balance then remains shall be applied to | 40526 |
| the reduction of rentals thereafter falling due. | 40527 |
| | 40528 |
| (A) "Litter" means garbage, trash, waste, rubbish, ashes, | 40529 |
| cans, bottles, wire, paper, cartons, boxes, automobile parts, | 40530 |
| furniture, glass, or anything else of an unsightly or unsanitary | 40531 |
| nature thrown, dropped, discarded, placed, or deposited by a | 40532 |
| person on public property, on private property not owned by the | 40533 |
| person, or in or on waters of the state unless one of the | 40534 |
| following applies: | 40535 |
| (1) The person has been directed to do so by a public | 40536 |
| official as part of a litter collection drive. | 40537 |
| (2) The person has thrown, dropped, discarded, placed, or | 40538 |
| deposited the material in a receptacle in a manner that prevented | 40539 |
| its being carried away by the elements. | 40540 |
| (3) The person has been issued a permit or license covering | 40541 |
| the material pursuant to Chapter 3734. or 6111. of the Revised | 40542 |
| Code. | 40543 |
| (B) "Recycling" means the process of collecting, sorting, | 40544 |
| cleansing, treating, and reconstituting waste or other discarded | 40545 |
| materials for the purpose of recovering and reusing the materials. | 40546 |
| (C) "Agency of the state" includes, but is not limited to, an | 40547 |
| 40548 | |
|
university or college | 40549 |
| Revised Code. | 40550 |
| (D) "Source reduction" means activities that decrease the | 40551 |
| initial production of waste materials at their point of origin. | 40552 |
| (E) "Enterprise" means a business with its principal place of | 40553 |
| business in this state and that proposes to engage in research and | 40554 |
| development or recycling in this state. | 40555 |
| (F) "Research and development" means inquiry, | 40556 |
| experimentation, or demonstration to advance basic scientific or | 40557 |
| technical knowledge or the application, adaptation, or use of | 40558 |
| existing or newly discovered scientific or technical knowledge | 40559 |
| regarding recycling, source reduction, or litter prevention. | 40560 |
| (G) "Recyclables" means waste materials that are collected, | 40561 |
| separated, or processed and used as raw materials or products. | 40562 |
| (H) "Recycling market development" means activities that | 40563 |
| stimulate the demand for recycled products, provide for a | 40564 |
| consistent supply of recyclables to meet the needs of recycling | 40565 |
| industries, or both. | 40566 |
| (I) "Solid waste management districts" means solid waste | 40567 |
| management districts established under Chapter 343. of the Revised | 40568 |
| Code. | 40569 |
| (J) "Synthetic rubber" means produced or extended rubber and | 40570 |
| products made from a synthetic rubber base material originating | 40571 |
| from petrochemical feedstocks, including scrap tires, tire molds, | 40572 |
| automobile engine belts, brake pads and hoses, weather stripping, | 40573 |
| fittings, electrical insulation, and other molded objects and | 40574 |
| parts. | 40575 |
| | 40576 |
| 40577 | |
| establish and implement statewide source reduction, recycling, | 40578 |
| recycling market development, and litter prevention programs that | 40579 |
| are consistent with the state solid waste management plan adopted | 40580 |
| under section 3734.50 of the Revised Code. The programs shall | 40581 |
| include all of the following: | 40582 |
| (1) The assessment of waste generation within the state and | 40583 |
| implementation of source reduction practices; | 40584 |
| (2) The implementation of recycling and recycling market | 40585 |
| development activities and projects, including all of the | 40586 |
| following: | 40587 |
| (a) Collection of recyclables; | 40588 |
| (b) Separation of recyclables; | 40589 |
| (c) Processing of recyclables; | 40590 |
| (d) Facilitation and encouragement of the use of recyclables | 40591 |
| and products made with recyclables; | 40592 |
| (e) Education and training concerning recycling and products | 40593 |
| manufactured with recyclables; | 40594 |
| (f) Public awareness campaigns to promote recycling; | 40595 |
| (g) Other activities and projects that promote recycling and | 40596 |
| recycling market development. | 40597 |
| (3) Litter prevention assistance to enforce antilitter laws, | 40598 |
| educate the public, and stimulate collection and containment of | 40599 |
| litter; | 40600 |
| (4) Research and development regarding source reduction, | 40601 |
| recycling, and litter prevention, including, without limitation, | 40602 |
| research and development regarding materials or products | 40603 |
| manufactured with recyclables. | 40604 |
| (B) The | 40605 |
| 40606 | |
| execute any instruments necessary or incidental to the discharge | 40607 |
|
of the | 40608 |
| | 40609 |
| 40610 | |
| 40611 | |
| 40612 |
| | 40613 |
| recycling and litter prevention fund, consisting of moneys | 40614 |
| distributed to it from fees, including the fee levied under | 40615 |
| division (A)(2) of section 3714.073 of the Revised Code, gifts, | 40616 |
| donations, grants, reimbursements, and other sources, including | 40617 |
| investment earnings. | 40618 |
| | 40619 |
| environmental protection shall do all of the following: | 40620 |
| (1) Use moneys credited to the fund exclusively for the | 40621 |
|
purposes set forth in sections | 40622 |
|
3736.05, and | 40623 |
| emphasis on programs relating to recycling; | 40624 |
| (2) | 40625 |
| 40626 | |
| 40627 | |
| 40628 |
| | 40629 |
| 3736.05 of the Revised Code, as a condition of receiving and | 40630 |
| retaining them, to do all of the following: | 40631 |
| (a) Create a separate account for the grants and any cash | 40632 |
| donations received that qualify for the donor credit allowed by | 40633 |
| section 5733.064 of the Revised Code; | 40634 |
| (b) Make expenditures from the account exclusively for the | 40635 |
| purposes for which the grants were received; | 40636 |
| (c) Use any auditing and accounting practices the
| 40637 |
| director considers necessary regarding the account; | 40638 |
| (d) Report to the | 40639 |
| amount and donor of cash donations received as described by | 40640 |
| section 5733.064 of the Revised Code; | 40641 |
| (e) Use grants received to supplement and not to replace any | 40642 |
| existing funding for such purposes. | 40643 |
| | 40644 |
| director receives pursuant to division | 40645 |
| section. | 40646 |
| | 40647 |
| 40648 | |
| protection agency the recycling and litter prevention advisory | 40649 |
| council consisting of thirteen members. The speaker of the house | 40650 |
| of representatives shall appoint one member of the house of | 40651 |
| representatives to the council, and the president of the senate | 40652 |
| shall appoint one member of the senate to the council. If the | 40653 |
| president of the senate belongs to the same political party as the | 40654 |
| speaker of the house of representatives, the president shall | 40655 |
| appoint a member of the senate who belongs to a different | 40656 |
| political party as recommended by the minority leader of the | 40657 |
|
senate. | 40658 |
| 40659 | |
| 40660 | |
| appointed by the speaker of the house of representatives or the | 40661 |
| president of the senate shall serve for a term of office of three | 40662 |
| years. The appropriate appointing authority may fill any vacancy | 40663 |
| occurring during the term of any member whom the appointing | 40664 |
| authority has appointed to the advisory council. | 40665 |
| The remaining eleven members shall be appointed by the | 40666 |
| governor with the advice and consent of the senate and shall be | 40667 |
| persons with knowledge of or experience in recycling or litter | 40668 |
| prevention programs. The council shall have broad-based | 40669 |
| representation of interests including agriculture, labor, the | 40670 |
| environment, manufacturing, wholesale and retail industry, and the | 40671 |
| public. One of the business members shall be from the commercial | 40672 |
| recycling industry, and another shall be from an industry required | 40673 |
| to pay taxes under section 5733.065 of the Revised Code. The | 40674 |
|
director of | 40675 |
|
be a member of the council. | 40676 |
| 40677 | |
| 40678 | |
| 40679 | |
| 40680 | |
| years. Each member appointed by the governor shall hold office | 40681 |
| from the date of the member's appointment until the end of the | 40682 |
| term for which the member was appointed. In the event of death, | 40683 |
| removal, resignation, or incapacity of a member of the council | 40684 |
| appointed by the governor, the governor, with the advice and | 40685 |
| consent of the senate, shall appoint a successor who shall hold | 40686 |
| office for the remainder of the term for which the successor's | 40687 |
| predecessor was appointed. A member shall continue in office | 40688 |
| subsequent to the expiration date of the member's term until the | 40689 |
| member's successor takes office, or until a period of sixty days | 40690 |
| has elapsed, whichever occurs first. The governor at any time may | 40691 |
| remove any of the governor's appointees from the council for | 40692 |
| misfeasance, nonfeasance, or malfeasance in office. | 40693 |
| Members of the council may be reappointed. | 40694 |
| The council shall hold at least four regular quarterly | 40695 |
| meetings each year. Special meetings may be held at the behest of | 40696 |
| the chairperson or a majority of the members. The council annually | 40697 |
| shall select from among its members a chairperson, a | 40698 |
| vice-chairperson, and a secretary to keep a record of its | 40699 |
| proceedings. | 40700 |
| A majority vote of the members of the council is necessary to | 40701 |
|
take action | 40702 |
| A member of the council shall serve without compensation for | 40703 |
| attending council meetings, but shall be reimbursed for all | 40704 |
| traveling, hotel, and other ordinary and necessary expenses | 40705 |
| incurred in the performance of the member's work as a member of | 40706 |
| the council. | 40707 |
| Membership on the council does not constitute holding a | 40708 |
| public office or position of employment under the laws of this | 40709 |
| state and does not constitute grounds for removal of public | 40710 |
| officers or employees from their offices or positions of | 40711 |
| employment. | 40712 |
| The council shall do all of the following: | 40713 |
| (A) | 40714 |
| 40715 | |
| 40716 | |
| certify, and certify, agencies of the state, municipal | 40717 |
| corporations with a population of more than fifty thousand, | 40718 |
| counties, and solid waste management districts as eligible to | 40719 |
|
receive grants under section | 40720 |
| (B) | 40721 |
| of the director, establish criteria by which to certify, and | 40722 |
| certify, political subdivisions for receipt of special grants for | 40723 |
| activities or projects that are intended to accomplish the | 40724 |
|
purposes of any of the programs established under section | 40725 |
| 3736.02 of the Revised Code; | 40726 |
| (C) Advise the | 40727 |
| director's duties under this chapter. | 40728 |
| | 40729 |
| 40730 | |
|
division (A) of section | 40731 |
| 40732 | |
| grants from the recycling and litter prevention fund created in | 40733 |
|
section | 40734 |
|
purposes of the programs established under section | 40735 |
| of the Revised Code. | 40736 |
| (B) Except as provided in division (C) of this section, | 40737 |
| 40738 | |
| applicant certified by the recycling and litter prevention | 40739 |
|
advisory council under division (A) of section
| 40740 |
| the Revised Code that applies for a grant for an activity or | 40741 |
| project that is intended to further the purposes of any program | 40742 |
|
established under division (A)(1), (2), or (4) of section | 40743 |
| 3736.02 of the Revised Code to provide a matching contribution of | 40744 |
| not more than fifty per cent of the grant. | 40745 |
| (C) Notwithstanding division (B) of this section, any grant | 40746 |
| awarded under division (A) of this section to foster cooperative | 40747 |
| research and development regarding recycling or the cooperative | 40748 |
| establishment or expansion of private recycling facilities or | 40749 |
| programs shall be made in conjunction with a contribution to the | 40750 |
| project by a cooperating enterprise that maintains or proposes to | 40751 |
| maintain a relevant research and development or recycling facility | 40752 |
| or program in this state or by an agency of the state, provided | 40753 |
| that funding provided by a state agency shall not be provided from | 40754 |
| general revenue funds appropriated by the general assembly. No | 40755 |
| grant made under division (A) of this section for the purposes | 40756 |
| described in this division shall exceed the contribution made by | 40757 |
|
the cooperating enterprise or state agency. The | 40758 |
| consider cooperating contributions in the form of state of the art | 40759 |
|
new equipment or in other forms if the | 40760 |
| that the contribution is essential to the successful | 40761 |
| implementation of the project. | 40762 |
| Grants made under division (A) of this section for the | 40763 |
| purposes described in this division shall be made in such form and | 40764 |
|
conditioned on such terms as the | 40765 |
| appropriate. | 40766 |
| (D)(1) The | 40767 |
| require any eligible applicant certified by the recycling and | 40768 |
| litter prevention advisory council under division (A) of section | 40769 |
| 40770 | |
| is intended to further the purposes of the program established | 40771 |
|
under division (A)(3) of section | 40772 |
| Code, except any eligible applicant that is or is located in a | 40773 |
| county that has a per capita income equal to or below ninety per | 40774 |
| cent of the median county per capita income of the state as | 40775 |
|
determined by the | 40776 |
| figures from the United States census bureau, to provide a | 40777 |
| matching contribution as follows: | 40778 |
| (a) Up to ten per cent of the grant from any eligible | 40779 |
| applicant that is or is located in a county that has a per capita | 40780 |
| income above ninety per cent of the median county per capita | 40781 |
| income of the state, but equal to or below one hundred per cent of | 40782 |
| the median county per capita income of the state; | 40783 |
| (b) Up to twenty per cent of the grant from any eligible | 40784 |
| applicant that is or is located in a county that has a per capita | 40785 |
| income above the median county per capita income of the state. | 40786 |
| (2) If the eligible applicant is a joint solid waste | 40787 |
| management district or is filing a joint application on behalf of | 40788 |
| two or more counties, the matching contribution required under | 40789 |
| division (D)(1) of this section shall be the average of the | 40790 |
| matching contributions of all of the counties covered by the | 40791 |
| application as determined in accordance with that division. The | 40792 |
| matching contribution of a county that has a per capita income | 40793 |
| equal to or below ninety per cent of the median county per capita | 40794 |
| income of the state shall be included as zero in calculating the | 40795 |
| average matching contribution. | 40796 |
| (E) | 40797 |
| 40798 | |
| 40799 | |
| 40800 | |
| fifty per cent of the moneys distributed as grants under this | 40801 |
| section shall be expended for the purposes of recycling and | 40802 |
| recycling market development. | 40803 |
| (F) No information that is submitted to, acquired by, or | 40804 |
| exchanged with employees of the environmental protection agency | 40805 |
| who administer or provide services under this section and that is | 40806 |
| submitted, acquired, or exchanged in order to obtain a grant | 40807 |
| pursuant to division (A) of this section shall be used in any | 40808 |
| manner for the purpose of the enforcement of any requirement | 40809 |
| established in an environmental law or used as evidence in any | 40810 |
| judicial or administrative enforcement proceeding unless that | 40811 |
| information reveals a clear and immediate danger to the | 40812 |
| environment or to the health, safety, or welfare of the public. | 40813 |
| (G) Nothing in this section confers immunity on persons from | 40814 |
| enforcement that is based on information that is obtained by the | 40815 |
| director or the director's authorized representatives who are not | 40816 |
| employees of the agency who administer or provide services under | 40817 |
| this section. | 40818 |
| (H) As used in this section, "environmental law" means a law | 40819 |
| that is administered by the environmental protection agency. | 40820 |
| | 40821 |
|
pursuant to section
| 40822 |
| eligible to receive a grant shall designate an employee as the | 40823 |
|
liaison with the | 40824 |
| environmental protection to cooperate with | 40825 |
|
carrying out | 40826 |
| (B) The executive and legislative authorities of municipal | 40827 |
| corporations, counties, and townships and the boards of park | 40828 |
| commissioners of township park districts created under section | 40829 |
| 511.18 of the Revised Code, boards of park commissioners of park | 40830 |
| districts created under section 1545.04 of the Revised Code, and | 40831 |
| boards of education of city, exempted village, local, and joint | 40832 |
| vocational school districts may participate in the programs | 40833 |
|
established under section | 40834 |
| | 40835 |
| municipal corporation, county, or township shall sell or offer for | 40836 |
| sale any beer or mixed beverages as defined in section 4301.01 of | 40837 |
| the Revised Code, or any soft drink as defined in section 913.22 | 40838 |
| of the Revised Code, in a metal container that is so designed that | 40839 |
| it may be opened by removing from the container a part of the | 40840 |
| container without using a separate opener. However, nothing in | 40841 |
| this section prohibits the sale or offering for sale of a | 40842 |
| container the only detachable part of which is a piece of tape or | 40843 |
| other similar adhesive material. | 40844 |
| | 40845 |
| 3736.07 of the Revised Code is guilty of a minor misdemeanor. Each | 40846 |
| day of violation constitutes a separate offense. | 40847 |
| Sec. 3737.83. The fire marshal shall, as part of the state | 40848 |
| fire code, adopt rules to: | 40849 |
| (A) Establish minimum standards of performance for fire | 40850 |
| protection equipment and fire fighting equipment; | 40851 |
| (B) Establish minimum standards of training, fix minimum | 40852 |
| qualifications, and require certificates for all persons who | 40853 |
| engage in the business for profit of installing, testing, | 40854 |
| repairing, or maintaining fire protection equipment; | 40855 |
| (C) Provide for the issuance of certificates required under | 40856 |
| division (B) of this section and establish the fees to be charged | 40857 |
| for such certificates. A certificate shall be granted, renewed, or | 40858 |
| revoked according to rules the fire marshal shall adopt. | 40859 |
| (D) Establish minimum standards of flammability for consumer | 40860 |
| goods in any case where the federal government or any department | 40861 |
| or agency thereof has established, or may from time to time | 40862 |
| establish standards of flammability for consumer goods. The | 40863 |
| standards established by the fire marshal shall be identical to | 40864 |
| the minimum federal standards. | 40865 |
| In any case where the federal government or any department or | 40866 |
| agency thereof, establishes standards of flammability for consumer | 40867 |
| goods subsequent to the adoption of a flammability standard by the | 40868 |
| fire marshal, standards previously adopted by the fire marshal | 40869 |
| shall not continue in effect to the extent such standards are not | 40870 |
| identical to the minimum federal standards. | 40871 |
| With respect to the adoption of minimum standards of | 40872 |
| flammability, this division shall supersede any authority granted | 40873 |
| a political subdivision by any other section of the Revised Code. | 40874 |
| (E) Establish minimum standards pursuant to section 5104.05 | 40875 |
| of the Revised Code for fire prevention and fire safety in child | 40876 |
| day-care centers and in type A family day-care homes, as defined | 40877 |
| in section 5104.01 of the Revised Code. | 40878 |
| | 40879 |
| 40880 | |
| 40881 | |
| 40882 | |
| 40883 | |
| 40884 | |
| 40885 |
| Sec. 3737.841. As used in this section and section 3737.842 | 40886 |
| of the Revised Code: | 40887 |
| (A) "Public occupancy" means all of the following: | 40888 |
| (1) Any state correctional institution as defined in section | 40889 |
| 2967.01 of the Revised Code and any county, multicounty, | 40890 |
| municipal, or municipal-county jail or workhouse; | 40891 |
| (2) Any hospital as defined in section 3727.01 of the Revised | 40892 |
| Code, any hospital licensed by the department of mental health | 40893 |
| under section 5119.20 of the Revised Code, and any institution, | 40894 |
| hospital, or other place established, controlled, or supervised by | 40895 |
| the department of mental health under Chapter 5119. of the Revised | 40896 |
| Code; | 40897 |
| (3) Any nursing home, residential care facility, or home for | 40898 |
| the aging as defined in section 3721.01 of the Revised Code and | 40899 |
|
any | 40900 |
|
section | 40901 |
| accommodations, supervision, and personal care services for three | 40902 |
| to sixteen unrelated adults; | 40903 |
| (4) Any child day-care center and any type A family day-care | 40904 |
| home as defined in section 5104.01 of the Revised Code; | 40905 |
| (5) Any public auditorium or stadium; | 40906 |
| (6) Public assembly areas of hotels and motels containing | 40907 |
| more than ten articles of seating furniture. | 40908 |
| (B) "Sell" includes sell, offer or expose for sale, barter, | 40909 |
| trade, deliver, give away, rent, consign, lease, possess for sale, | 40910 |
| or dispose of in any other commercial manner. | 40911 |
| (C) Except as provided in division (D) of this section, | 40912 |
| "seating furniture" means any article of furniture, including | 40913 |
| children's furniture, that can be used as a support for an | 40914 |
| individual, or an individual's limbs or feet, when sitting or | 40915 |
| resting in an upright or reclining position and that either: | 40916 |
| (1) Is made with loose or attached cushions or pillows; | 40917 |
| (2) Is stuffed or filled in whole or in part with any filling | 40918 |
| material; | 40919 |
| (3) Is or can be stuffed or filled in whole or in part with | 40920 |
| any substance or material, concealed by fabric or any other | 40921 |
| covering. | 40922 |
| "Seating furniture" includes the cushions or pillows | 40923 |
| belonging to or forming a part of the furniture, the structural | 40924 |
| unit, and the filling material and its container or covering. | 40925 |
| (D) "Seating furniture" does not include, except if intended | 40926 |
| for use by children or in facilities designed for the care or | 40927 |
| treatment of humans, any of the following: | 40928 |
| (1) Cushions or pads intended solely for outdoor use; | 40929 |
| (2) Any article with a smooth surface that contains no more | 40930 |
| than one-half inch of filling material, if that article does not | 40931 |
| have an upholstered horizontal surface meeting an upholstered | 40932 |
| vertical surface; | 40933 |
| (3) Any article manufactured solely for recreational use or | 40934 |
| physical fitness purposes, including weight-lifting benches, | 40935 |
| gymnasium mats or pads, and sidehorses. | 40936 |
| (E) "Filling material" means cotton, wool, kapok, feathers, | 40937 |
| down, hair, liquid, or any other natural or artificial material or | 40938 |
| substance that is used or can be used as stuffing in seating | 40939 |
| furniture. | 40940 |
| Sec. 3742.01. As used in this chapter: | 40941 |
| (A) "Board of health" means the board of health of a city or | 40942 |
| general health district or the authority having the duties of a | 40943 |
| board of health under section 3709.05 of the Revised Code. | 40944 |
| (B) "Child care facility" means each area of any of the | 40945 |
| following in which child care, as defined in section 5104.01 of | 40946 |
| the Revised Code, is provided to children under six years of age: | 40947 |
| (1) A child day-care center, type A family day-care home, or | 40948 |
| type B family day-care home as defined in section 5104.01 of the | 40949 |
| Revised Code; | 40950 |
| (2) A type C family day-care home authorized to provide child | 40951 |
| care by Sub. H.B. 62 of the 121st general assembly, as amended by | 40952 |
| Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407 | 40953 |
| of the 123rd general assembly; | 40954 |
| (3) A preschool program or school child program as defined in | 40955 |
| section 3301.52 of the Revised Code. | 40956 |
| (C) "Clearance examination" means an examination to determine | 40957 |
| whether the lead hazards in a residential unit, child care | 40958 |
| facility, or school have been sufficiently controlled. A clearance | 40959 |
| examination includes a visual assessment, collection, and analysis | 40960 |
| of environmental samples. | 40961 |
| (D) "Clearance technician" means a person, other than a | 40962 |
| licensed lead inspector or licensed lead risk assessor, who | 40963 |
| performs a clearance examination. | 40964 |
| (E) "Clinical laboratory" means a facility for the | 40965 |
| biological, microbiological, serological, chemical, | 40966 |
| immunohematological, hematological, biophysical, cytological, | 40967 |
| pathological, or other examination of substances derived from the | 40968 |
| human body for the purpose of providing information for the | 40969 |
| diagnosis, prevention, or treatment of any disease, or in the | 40970 |
| assessment or impairment of the health of human beings. "Clinical | 40971 |
| laboratory" does not include a facility that only collects or | 40972 |
| prepares specimens, or serves as a mailing service, and does not | 40973 |
| perform testing. | 40974 |
| (F) "Encapsulation" means the coating and sealing of surfaces | 40975 |
| with durable surface coating specifically formulated to be | 40976 |
| elastic, able to withstand sharp and blunt impacts, long-lasting, | 40977 |
| and resilient, while also resistant to cracking, peeling, algae, | 40978 |
| fungus, and ultraviolet light, so as to prevent any part of | 40979 |
| lead-containing paint from becoming part of house dust or | 40980 |
| otherwise accessible to children. | 40981 |
| (G) "Enclosure" means the resurfacing or covering of surfaces | 40982 |
| with durable materials such as wallboard or paneling, and the | 40983 |
| sealing or caulking of edges and joints, so as to prevent or | 40984 |
| control chalking, flaking, peeling, scaling, or loose | 40985 |
| lead-containing substances from becoming part of house dust or | 40986 |
| otherwise accessible to children. | 40987 |
| (H) "Environmental lead analytical laboratory" means a | 40988 |
| facility that analyzes air, dust, soil, water, paint, film, or | 40989 |
| other substances, other than substances derived from the human | 40990 |
| body, for the presence and concentration of lead. | 40991 |
| (I) "HEPA" means the designation given to a product, device, | 40992 |
| or system that has been equipped with a high-efficiency | 40993 |
| particulate air filter, which is a filter capable of removing | 40994 |
| particles of 0.3 microns or larger from air at 99.97 per cent or | 40995 |
| greater efficiency. | 40996 |
| (J) "Interim controls" means a set of measures designed to | 40997 |
| reduce temporarily human exposure or likely human exposure to lead | 40998 |
| hazards. Interim controls include specialized cleaning, repairs, | 40999 |
| painting, temporary containment, ongoing lead hazard maintenance | 41000 |
| activities, and the establishment and operation of management and | 41001 |
| resident education programs. | 41002 |
| (K)(1) "Lead abatement" means a measure or set of measures | 41003 |
| designed for the single purpose of permanently eliminating lead | 41004 |
| hazards. "Lead abatement" includes all of the following: | 41005 |
| (a) Removal of lead-based paint and lead-contaminated dust; | 41006 |
| (b) Permanent enclosure or encapsulation of lead-based paint; | 41007 |
| (c) Replacement of surfaces or fixtures painted with | 41008 |
| lead-based paint; | 41009 |
| (d) Removal or permanent covering of lead-contaminated soil; | 41010 |
| (e) Preparation, cleanup, and disposal activities associated | 41011 |
| with lead abatement. | 41012 |
| (2) "Lead abatement" does not include any of the following: | 41013 |
| (a) Preventive treatments performed pursuant to section | 41014 |
| 3742.41 of the Revised Code; | 41015 |
| (b) Implementation of interim controls; | 41016 |
| (c) Activities performed by a property owner on a residential | 41017 |
| unit to which both of the following apply: | 41018 |
| (i) It is a freestanding single-family home used as the | 41019 |
| property owner's private residence. | 41020 |
| (ii) No child under six years of age who has lead poisoning | 41021 |
| resides in the unit. | 41022 |
| (L) "Lead abatement contractor" means any individual who | 41023 |
| engages in or intends to engage in lead abatement and employs or | 41024 |
| supervises one or more lead abatement workers, including on-site | 41025 |
| supervision of lead abatement projects, or prepares | 41026 |
| specifications, plans, or documents for a lead abatement project. | 41027 |
| (M) "Lead abatement project" means one or more lead abatement | 41028 |
| activities that are conducted by a lead abatement contractor and | 41029 |
| are reasonably related to each other. | 41030 |
| (N) "Lead abatement project designer" means a person who is | 41031 |
| responsible for designing lead abatement projects and preparing a | 41032 |
| pre-abatement plan for all designed projects. | 41033 |
| (O) "Lead abatement worker" means an individual who is | 41034 |
| responsible in a nonsupervisory capacity for the performance of | 41035 |
| lead abatement. | 41036 |
| (P) "Lead-based paint" means any paint or other similar | 41037 |
| surface-coating substance containing lead at or in excess of the | 41038 |
| level that is hazardous to human health, as that level is | 41039 |
|
established | 41040 |
| under section 3742.50 of the Revised Code. | 41041 |
| (Q) "Lead-contaminated dust" means dust that contains an area | 41042 |
| or mass concentration of lead at or in excess of the level that is | 41043 |
|
hazardous to human health, as that level is established | 41044 |
| 41045 | |
| of the Revised Code. | 41046 |
| (R) "Lead-contaminated soil" means soil that contains lead at | 41047 |
| or in excess of the level that is hazardous to human health, as | 41048 |
| that level is established | 41049 |
| rules adopted under section 3742.50 of the Revised Code. | 41050 |
| (S) "Lead hazard" means material that is likely to cause lead | 41051 |
| exposure and endanger an individual's health as determined by the | 41052 |
| 41053 | |
| 3742.50 of the Revised Code. "Lead hazard" includes lead-based | 41054 |
| paint, lead-contaminated dust, lead-contaminated soil, and | 41055 |
| lead-contaminated water pipes. | 41056 |
| (T) "Lead inspection" means a surface-by-surface | 41057 |
| investigation to determine the presence of lead-based paint. The | 41058 |
| inspection shall use a sampling or testing technique approved by | 41059 |
|
the | 41060 |
| under section 3742.03 of the Revised Code. A licensed lead | 41061 |
| inspector or laboratory approved under section 3742.09 of the | 41062 |
| Revised Code shall certify in writing the precise results of the | 41063 |
| inspection. | 41064 |
| (U) "Lead inspector" means any individual who conducts a lead | 41065 |
| inspection, provides professional advice regarding a lead | 41066 |
| inspection, or prepares a report explaining the results of a lead | 41067 |
| inspection. | 41068 |
| (V) "Lead poisoning" means the level of lead in human blood | 41069 |
| that is hazardous to human health, as specified in rules adopted | 41070 |
| under section 3742.50 of the Revised Code. | 41071 |
| (W) "Lead risk assessment" means an on-site investigation to | 41072 |
| determine and report the existence, nature, severity, and location | 41073 |
| of lead hazards in a residential unit, child care facility, or | 41074 |
| school, including information gathering from the unit, facility, | 41075 |
| or school's current owner's knowledge regarding the age and | 41076 |
| painting history of the unit, facility, or school and occupancy by | 41077 |
| children under six years of age, visual inspection, limited wipe | 41078 |
| sampling or other environmental sampling techniques, and any other | 41079 |
| activity as may be appropriate. | 41080 |
| (X) "Lead risk assessor" means a person who is responsible | 41081 |
| for developing a written inspection, risk assessment, and analysis | 41082 |
| plan; conducting inspections for lead hazards in a residential | 41083 |
| unit, child care facility, or school; interpreting results of | 41084 |
| inspections and risk assessments; identifying hazard control | 41085 |
| strategies to reduce or eliminate lead exposures; and completing a | 41086 |
| risk assessment report. | 41087 |
| (Y) "Lead-safe renovation" means the supervision or | 41088 |
| performance of services for the general improvement of all or part | 41089 |
| of an existing structure, including a residential unit, child care | 41090 |
| facility, or school, when the services are supervised or performed | 41091 |
| by a lead-safe renovator. | 41092 |
| (Z) "Lead-safe renovator" means a person who has successfully | 41093 |
| completed a training program in lead-safe renovation approved | 41094 |
| under section 3742.47 of the Revised Code. | 41095 |
| (AA) "Manager" means a person, who may be the same person as | 41096 |
| the owner, responsible for the daily operation of a residential | 41097 |
| unit, child care facility, or school. | 41098 |
| (BB) "Permanent" means an expected design life of at least | 41099 |
| twenty years. | 41100 |
| (CC) "Replacement" means an activity that entails removing | 41101 |
| components such as windows, doors, and trim that have lead hazards | 41102 |
| on their surfaces and installing components free of lead hazards. | 41103 |
| (DD) "Residential unit" means a dwelling or any part of a | 41104 |
| building being used as an individual's private residence. | 41105 |
| (EE) "School" means a public or nonpublic school in which | 41106 |
| children under six years of age receive education. | 41107 |
| Sec. 3742.02. (A) No person shall do any of the following: | 41108 |
| (1) Violate any provision of this chapter or the rules | 41109 |
| adopted pursuant to it; | 41110 |
| (2) Apply or cause to be applied any lead-based paint on or | 41111 |
| inside a residential unit, child care facility, or school, unless | 41112 |
|
the | 41113 |
| section 3742.50 of the Revised Code that no suitable substitute | 41114 |
| exists; | 41115 |
| (3) Interfere with an investigation conducted by the director | 41116 |
| of health or a board of health in accordance with section 3742.35 | 41117 |
| of the Revised Code. | 41118 |
| (B) No person shall knowingly authorize or employ an | 41119 |
| individual to perform lead abatement on a residential unit, child | 41120 |
| care facility, or school unless the individual who will perform | 41121 |
| the lead abatement holds a valid license issued under section | 41122 |
| 3742.05 of the Revised Code. | 41123 |
| (C) No person shall do any of the following when a | 41124 |
| residential unit, child care facility, or school is involved: | 41125 |
| (1) Perform a lead inspection without a valid lead inspector | 41126 |
| license issued under section 3742.05 of the Revised Code; | 41127 |
| (2) Perform a lead risk assessment or provide professional | 41128 |
| advice regarding lead abatement without a valid lead risk assessor | 41129 |
| license issued under section 3742.05 of the Revised Code; | 41130 |
| (3) Act as a lead abatement contractor without a valid lead | 41131 |
| abatement contractor's license issued under section 3742.05 of the | 41132 |
| Revised Code; | 41133 |
| (4) Act as a lead abatement project designer without a valid | 41134 |
| lead abatement project designer license issued under section | 41135 |
| 3742.05 of the Revised Code; | 41136 |
| (5) Perform lead abatement without a valid lead abatement | 41137 |
| worker license issued under section 3742.05 of the Revised Code; | 41138 |
| (6) Effective one year after April 7, 2003, perform a | 41139 |
| clearance examination without a valid clearance technician license | 41140 |
| issued under section 3742.05 of the Revised Code, unless the | 41141 |
| person holds a valid lead inspector license or valid lead risk | 41142 |
| assessor license issued under that section; | 41143 |
| (7) Perform lead training for the licensing purposes of this | 41144 |
| chapter without a valid approval from the director of health under | 41145 |
| section 3742.08 of the Revised Code; | 41146 |
| (8) Perform interim controls without complying with 24 C.F.R. | 41147 |
| Part 35. | 41148 |
| Sec. 3742.03. The | 41149 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 41150 |
| for the administration and enforcement of sections 3742.01 to | 41151 |
| 3742.19 and 3742.99 of the Revised Code. The rules shall specify | 41152 |
| all of the following: | 41153 |
| (A) Procedures to be followed by a lead abatement contractor, | 41154 |
| lead abatement project designer, lead abatement worker, lead | 41155 |
| inspector, or lead risk assessor licensed under section 3742.05 of | 41156 |
| the Revised Code for undertaking lead abatement activities and | 41157 |
| procedures to be followed by a clearance technician, lead | 41158 |
| inspector, or lead risk assessor in performing a clearance | 41159 |
| examination; | 41160 |
| (B)(1) Requirements for training and licensure, in addition | 41161 |
| to those established under section 3742.08 of the Revised Code, to | 41162 |
| include levels of training and periodic refresher training for | 41163 |
| each class of worker, and to be used for licensure under section | 41164 |
| 3742.05 of the Revised Code. Except in the case of clearance | 41165 |
| technicians, these requirements shall include at least twenty-four | 41166 |
| classroom hours of training based on the Occupational Safety and | 41167 |
| Health Act training program for lead set forth in 29 C.F.R. | 41168 |
| 1926.62. For clearance technicians, the training requirements to | 41169 |
| obtain an initial license shall not exceed six hours and the | 41170 |
| requirements for refresher training shall not exceed two hours | 41171 |
| every four years. In establishing the training and licensure | 41172 |
|
requirements, the | 41173 |
| the core of information that is needed by all licensed persons, | 41174 |
| and establish the training requirements so that persons who would | 41175 |
| seek licenses in more than one area would not have to take | 41176 |
| duplicative course work. | 41177 |
| (2) Persons certified by the American board of industrial | 41178 |
| hygiene as a certified industrial hygienist or as an industrial | 41179 |
| hygienist-in-training, and persons registered as a sanitarian or | 41180 |
| sanitarian-in-training under Chapter 4736. of the Revised Code, | 41181 |
| shall be exempt from any training requirements for initial | 41182 |
| licensure established under this chapter, but shall be required to | 41183 |
| take any examinations for licensure required under section 3742.05 | 41184 |
| of the Revised Code. | 41185 |
| (C) Fees for licenses issued under section 3742.05 of the | 41186 |
| Revised Code and for their renewal; | 41187 |
| (D) Procedures to be followed by lead inspectors, lead | 41188 |
| abatement contractors, environmental lead analytical laboratories, | 41189 |
| lead risk assessors, lead abatement project designers, and lead | 41190 |
| abatement workers to prevent public exposure to lead hazards and | 41191 |
| ensure worker protection during lead abatement projects; | 41192 |
| (E)(1) Record-keeping and reporting requirements for clinical | 41193 |
| laboratories, environmental lead analytical laboratories, lead | 41194 |
| inspectors, lead abatement contractors, lead risk assessors, lead | 41195 |
| abatement project designers, and lead abatement workers for lead | 41196 |
| abatement projects and record-keeping and reporting requirements | 41197 |
| for clinical laboratories, environmental lead analytical | 41198 |
| laboratories, and clearance technicians for clearance | 41199 |
| examinations; | 41200 |
| (2) Record-keeping and reporting requirements regarding lead | 41201 |
| poisoning for physicians, in addition to the requirements of | 41202 |
| section 3701.25 of the Revised Code; | 41203 |
| (3) Information that is required to be reported under rules | 41204 |
| based on divisions (E)(1) and (2) of this section and that is a | 41205 |
| medical record is not a public record under section 149.43 of the | 41206 |
| Revised Code and shall not be released, except in aggregate | 41207 |
| statistical form. | 41208 |
| (F) Environmental sampling techniques for use in collecting | 41209 |
| samples of air, water, dust, paint, and other materials; | 41210 |
| (G) Requirements for a respiratory protection plan prepared | 41211 |
| in accordance with section 3742.07 of the Revised Code; | 41212 |
| (H) Requirements under which a manufacturer of encapsulants | 41213 |
| must demonstrate evidence of the safety and durability of its | 41214 |
| encapsulants by providing results of testing from an independent | 41215 |
| laboratory indicating that the encapsulants meet the standards | 41216 |
| developed by the "E06.23.30 task group on encapsulants," which is | 41217 |
| the task group of the lead hazards associated with buildings | 41218 |
| subcommittee of the performance of buildings committee of the | 41219 |
| American society for testing and materials. | 41220 |
| Sec. 3742.04. (A) The director of health shall do all of the | 41221 |
| following: | 41222 |
| (1) Administer and enforce the requirements of sections | 41223 |
| 3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules | 41224 |
| adopted pursuant to those sections; | 41225 |
| (2) Examine records and reports submitted by lead inspectors, | 41226 |
| lead abatement contractors, lead risk assessors, lead abatement | 41227 |
| project designers, lead abatement workers, and clearance | 41228 |
| technicians in accordance with section 3742.05 of the Revised Code | 41229 |
| to determine whether the requirements of this chapter are being | 41230 |
| met; | 41231 |
| (3) Examine records and reports submitted by physicians, | 41232 |
| clinical laboratories, and environmental lead analytical | 41233 |
| laboratories under section 3701.25 or 3742.09 of the Revised Code; | 41234 |
| (4) Issue approval to manufacturers of encapsulants that have | 41235 |
| done all of the following: | 41236 |
| (a) Submitted an application for approval to the director on | 41237 |
| a form prescribed by the director; | 41238 |
| (b) Paid the application fee established by the director; | 41239 |
| (c) Submitted results from an independent laboratory | 41240 |
| indicating that the manufacturer's encapsulants satisfy the | 41241 |
| requirements established in rules adopted under division (H) of | 41242 |
| section 3742.03 of the Revised Code; | 41243 |
| (d) Complied with rules adopted by the | 41244 |
| director regarding durability and safety to workers and residents. | 41245 |
| (5) Establish liaisons and cooperate with the directors or | 41246 |
| agencies in states having lead abatement, licensing, | 41247 |
| accreditation, certification, and approval programs to promote | 41248 |
| consistency between the requirements of this chapter and those of | 41249 |
| other states in order to facilitate reciprocity of the programs | 41250 |
| among states; | 41251 |
| (6) Establish a program to monitor and audit the quality of | 41252 |
| work of lead inspectors, lead risk assessors, lead abatement | 41253 |
| project designers, lead abatement contractors, lead abatement | 41254 |
| workers, and clearance technicians. The director may refer | 41255 |
| improper work discovered through the program to the attorney | 41256 |
| general for appropriate action. | 41257 |
| (B) In addition to any other authority granted by this | 41258 |
| chapter, the director of health may do any of the following: | 41259 |
| (1) Employ persons who have received training from a program | 41260 |
| the director has determined provides the necessary background. The | 41261 |
| appropriate training may be obtained in a state that has an | 41262 |
| ongoing lead abatement program under which it conducts educational | 41263 |
| programs. | 41264 |
| (2) Cooperate with the United States environmental protection | 41265 |
| agency in any joint oversight procedures the agency may propose | 41266 |
| for laboratories that offer lead analysis services and are | 41267 |
| accredited under the agency's laboratory accreditation program; | 41268 |
| (3) Advise, consult, cooperate with, or enter into contracts | 41269 |
| or cooperative agreements with any person, government entity, | 41270 |
| interstate agency, or the federal government as the director | 41271 |
| considers necessary to fulfill the requirements of this chapter | 41272 |
| and the rules adopted under it. | 41273 |
| Sec. 3742.05. (A)(1) The director of health shall issue lead | 41274 |
| inspector, lead abatement contractor, lead risk assessor, lead | 41275 |
| abatement project designer, lead abatement worker, and clearance | 41276 |
| technician licenses. The director shall issue a license to an | 41277 |
| applicant who meets all of the following requirements: | 41278 |
| (a) Submits an application to the director on a form | 41279 |
| prescribed by the director; | 41280 |
| (b) Meets the licensing and training requirements established | 41281 |
| 41282 | |
| 3742.03 of the Revised Code; | 41283 |
| (c) Successfully completes the licensing examination for the | 41284 |
| applicant's area of expertise administered under section 3742.08 | 41285 |
| of the Revised Code and any training required by the director | 41286 |
| under that section; | 41287 |
| (d) Pays the license fee established | 41288 |
| 41289 | |
| Code; | 41290 |
| (e) Provides the applicant's social security number and any | 41291 |
| information the director may require to demonstrate the | 41292 |
| applicant's compliance with this chapter and the rules adopted | 41293 |
| under it. | 41294 |
| (2) An individual may hold more than one license issued under | 41295 |
| this section, but a separate application is required for each | 41296 |
| license. | 41297 |
| (B) A license issued under this section expires two years | 41298 |
| after the date of issuance. The director shall renew a license in | 41299 |
| accordance with the standard renewal procedure set forth in | 41300 |
| Chapter 4745. of the Revised Code, if the licensee does all of the | 41301 |
| following: | 41302 |
| (1) Continues to meet the requirements of division (A) of | 41303 |
| this section; | 41304 |
| (2) Demonstrates compliance with procedures to prevent public | 41305 |
| exposure to lead hazards and for worker protection during lead | 41306 |
|
abatement projects established | 41307 |
| 41308 |
| (3) Meets the record-keeping and reporting requirements for | 41309 |
|
lead abatement projects or clearance examinations established | 41310 |
| 41311 | |
| 3742.03 of the Revised Code; | 41312 |
| (4) Pays the license renewal fee established | 41313 |
|
adopted
| 41314 |
| Revised Code. | 41315 |
| (C) An individual licensed, certified, or otherwise approved | 41316 |
| under the law of another state to perform functions substantially | 41317 |
| similar to those of a lead inspector, lead abatement contractor, | 41318 |
| lead risk assessor, lead abatement project designer, lead | 41319 |
| abatement worker, or clearance technician may apply to the | 41320 |
| director of health for licensure in accordance with the procedures | 41321 |
| set forth in division (A) of this section. The director shall | 41322 |
| license an individual under this division on a determination that | 41323 |
| the standards for licensure, certification, or approval in that | 41324 |
| state are at least substantially equivalent to those established | 41325 |
| by this chapter and the rules adopted under it. The director may | 41326 |
| require an examination for licensure under this division. | 41327 |
| Sec. 3742.30. Each child at risk of lead poisoning shall | 41328 |
| undergo a blood lead screening test to determine whether the child | 41329 |
| has lead poisoning. The at-risk children shall undergo the test at | 41330 |
|
times determined by rules the | 41331 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 41332 |
| that are consistent with the guidelines established by the centers | 41333 |
| for disease control and prevention in the public health service of | 41334 |
| the United States department of health and human services. The | 41335 |
| rules shall specify which children are at risk of lead poisoning. | 41336 |
| Neither this section nor the rules adopted under it affect | 41337 |
| the coverage of blood lead screening tests by any publicly funded | 41338 |
| health program, including the medicaid program established by | 41339 |
| Chapter 5111. of the Revised Code. Neither this section nor the | 41340 |
| rules adopted under it apply to a child if a parent of the child | 41341 |
| objects to the test on the grounds that the test conflicts with | 41342 |
| the parent's religious tenets and practices. | 41343 |
| Sec. 3742.47. (A) A person seeking approval of a training | 41344 |
| program in either essential maintenance practices or lead-safe | 41345 |
| renovation shall apply for approval to the director of health. The | 41346 |
| application shall be made on a form prescribed by the director and | 41347 |
| shall include the fee established under division (B) of this | 41348 |
| section. The director shall issue approval to the applicant if the | 41349 |
| applicant demonstrates to the satisfaction of the director that | 41350 |
| the training program will meet the following requirements and any | 41351 |
| other training program requirements established by rules adopted | 41352 |
| under section 3742.50 of the Revised Code: | 41353 |
| (1) Conducts the training program in a period of time that | 41354 |
| does not exceed six hours; | 41355 |
| (2) Administers an examination established by rule of the | 41356 |
| 41357 | |
| to each person who completes the training; | 41358 |
| (3) Grades each examination not later than one week after its | 41359 |
| completion and determines whether the person who took the | 41360 |
| examination received a passing score; | 41361 |
| (4) Not later than one week after the examination is | 41362 |
| completed provides written proof of training program completion to | 41363 |
| each person who completes the program and passes the examination. | 41364 |
| (B) The director of health shall establish an application fee | 41365 |
| for approving training programs under this section. The fee shall | 41366 |
| be reasonable and shall not exceed the expenses incurred in | 41367 |
| conducting the approval of training programs. An application fee | 41368 |
| submitted under division (A) of this section is nonrefundable. | 41369 |
| Sec. 3742.50. (A) The | 41370 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 41371 |
| Code establishing all of the following: | 41372 |
| (1) Procedures necessary for the development and operation of | 41373 |
| the child lead poisoning prevention program established under | 41374 |
| section 3742.31 of the Revised Code; | 41375 |
| (2) Standards and procedures for conducting investigations | 41376 |
| and risk assessments under sections 3742.35 and 3742.36 of the | 41377 |
| Revised Code; | 41378 |
| (3) Standards and procedures for issuing lead hazard control | 41379 |
| orders under section 3742.37 of the Revised Code, including | 41380 |
| standards and procedures for determining appropriate deadlines for | 41381 |
| complying with lead hazard control orders; | 41382 |
| (4) The level of lead in human blood that is hazardous to | 41383 |
| human health, consistent with the guidelines issued by the centers | 41384 |
| for disease control and prevention in the public health service of | 41385 |
| the United States department of health and human services; | 41386 |
| (5) The level of lead in paint, dust, and soil that is | 41387 |
| hazardous to human health; | 41388 |
| (6) Standards and procedures to be followed when implementing | 41389 |
| preventive treatments for the control of lead hazards pursuant to | 41390 |
| section 3742.41 of the Revised Code that are based on information | 41391 |
| from the United States environmental protection agency, department | 41392 |
| of housing and urban development, occupational safety and health | 41393 |
| administration, or other agencies with recommendations or | 41394 |
| guidelines regarding implementation of preventive treatments; | 41395 |
| (7) Standards that must be met to pass a clearance | 41396 |
| examination; | 41397 |
| (8) Procedures for approving under section 3742.47 of the | 41398 |
| Revised Code training programs in essential maintenance practices | 41399 |
| and lead-safe renovation and requirements, in addition to those | 41400 |
| specified in section 3742.47 of the Revised Code, that a program | 41401 |
| must meet to receive approval; | 41402 |
| (9) The examination to be administered by a training program | 41403 |
| approved under section 3742.47 of the Revised Code and the | 41404 |
| examination's passing score. | 41405 |
| (B) The | 41406 |
| procedures for revising its rules to ensure that the child lead | 41407 |
| poisoning prevention activities conducted under this chapter | 41408 |
| continue to meet the requirements necessary to obtain any federal | 41409 |
| funding available for those activities, including requirements | 41410 |
| established by the United States environmental protection agency, | 41411 |
| United States department of housing and urban development, or any | 41412 |
| other federal agency with jurisdiction over activities pertaining | 41413 |
| to child lead poisoning prevention. | 41414 |
| Sec. 3743.04. (A) The license of a manufacturer of fireworks | 41415 |
| is effective for one year beginning on the first day of December. | 41416 |
| The state fire marshal shall issue or renew a license only on that | 41417 |
| date and at no other time. If a manufacturer of fireworks wishes | 41418 |
| to continue manufacturing fireworks at the designated fireworks | 41419 |
| plant after its then effective license expires, it shall apply no | 41420 |
| later than the first day of October for a new license pursuant to | 41421 |
| section 3743.02 of the Revised Code. The state fire marshal shall | 41422 |
| send a written notice of the expiration of its license to a | 41423 |
| licensed manufacturer at least three months before the expiration | 41424 |
| date. | 41425 |
| (B) If, during the effective period of its licensure, a | 41426 |
| licensed manufacturer of fireworks wishes to construct, locate, or | 41427 |
| relocate any buildings or other structures on the premises of its | 41428 |
| fireworks plant, to make any structural change or renovation in | 41429 |
| any building or other structure on the premises of its fireworks | 41430 |
| plant, or to change the nature of its manufacturing of fireworks | 41431 |
| so as to include the processing of fireworks, the manufacturer | 41432 |
| shall notify the state fire marshal in writing. The state fire | 41433 |
| marshal may require a licensed manufacturer also to submit | 41434 |
| documentation, including, but not limited to, plans covering the | 41435 |
| proposed construction, location, relocation, structural change or | 41436 |
| renovation, or change in manufacturing of fireworks, if the state | 41437 |
| fire marshal determines the documentation is necessary for | 41438 |
| evaluation purposes in light of the proposed construction, | 41439 |
| location, relocation, structural change or renovation, or change | 41440 |
| in manufacturing of fireworks. | 41441 |
| Upon receipt of the notification and additional documentation | 41442 |
| required by the state fire marshal, the state fire marshal shall | 41443 |
| inspect the premises of the fireworks plant to determine if the | 41444 |
| proposed construction, location, relocation, structural change or | 41445 |
| renovation, or change in manufacturing of fireworks conforms to | 41446 |
| sections 3743.02 to 3743.08 of the Revised Code and the rules | 41447 |
| adopted by the state fire marshal pursuant to section 3743.05 of | 41448 |
| the Revised Code. The state fire marshal shall issue a written | 41449 |
| authorization to the manufacturer for the construction, location, | 41450 |
| relocation, structural change or renovation, or change in | 41451 |
| manufacturing of fireworks if the state fire marshal determines, | 41452 |
| upon the inspection and a review of submitted documentation, that | 41453 |
| the construction, location, relocation, structural change or | 41454 |
| renovation, or change in manufacturing of fireworks conforms to | 41455 |
| those sections and rules. Upon authorizing a change in | 41456 |
| manufacturing of fireworks to include the processing of fireworks, | 41457 |
| the state fire marshal shall make notations on the manufacturer's | 41458 |
| license and in the list of licensed manufacturers in accordance | 41459 |
| with section 3743.03 of the Revised Code. | 41460 |
| On or before June 1, 1998, a licensed manufacturer shall | 41461 |
| install, in every licensed building in which fireworks are | 41462 |
| manufactured, stored, or displayed and to which the public has | 41463 |
| access, interlinked fire detection, smoke exhaust, and smoke | 41464 |
| evacuation systems that are approved by the superintendent of | 41465 |
| 41466 | |
| showing occupancy load limits and internal circulation and egress | 41467 |
| patterns that are approved by the state fire marshal and | 41468 |
| superintendent, and that are submitted under seal as required by | 41469 |
| section 3791.04 of the Revised Code. Notwithstanding section | 41470 |
| 3743.59 of the Revised Code, the construction and safety | 41471 |
| requirements established in this division are not subject to any | 41472 |
| variance, waiver, or exclusion. | 41473 |
| (C) The license of a manufacturer of fireworks authorizes the | 41474 |
| manufacturer to engage only in the following activities: | 41475 |
| (1) The manufacturing of fireworks on the premises of the | 41476 |
| fireworks plant as described in the application for licensure or | 41477 |
| in the notification submitted under division (B) of this section, | 41478 |
| except that a licensed manufacturer shall not engage in the | 41479 |
| processing of fireworks unless authorized to do so by its license. | 41480 |
| (2) To possess for sale at wholesale and sell at wholesale | 41481 |
| the fireworks manufactured by the manufacturer, to persons who are | 41482 |
| licensed wholesalers of fireworks, to out-of-state residents in | 41483 |
| accordance with section 3743.44 of the Revised Code, to residents | 41484 |
| of this state in accordance with section 3743.45 of the Revised | 41485 |
| Code, or to persons located in another state provided the | 41486 |
| fireworks are shipped directly out of this state to them by the | 41487 |
| manufacturer. A person who is licensed as a manufacturer of | 41488 |
| fireworks on June 14, 1988, also may possess for sale and sell | 41489 |
| pursuant to division (C)(2) of this section fireworks other than | 41490 |
| those the person manufactures. The possession for sale shall be on | 41491 |
| the premises of the fireworks plant described in the application | 41492 |
| for licensure or in the notification submitted under division (B) | 41493 |
| of this section, and the sale shall be from the inside of a | 41494 |
| licensed building and from no other structure or device outside a | 41495 |
| licensed building. At no time shall a licensed manufacturer sell | 41496 |
| any class of fireworks outside a licensed building. | 41497 |
| (3) Possess for sale at retail and sell at retail the | 41498 |
| fireworks manufactured by the manufacturer, other than 1.4G | 41499 |
| fireworks as designated by the state fire marshal in rules adopted | 41500 |
| pursuant to division (A) of section 3743.05 of the Revised Code, | 41501 |
| to licensed exhibitors in accordance with sections 3743.50 to | 41502 |
| 3743.55 of the Revised Code, and possess for sale at retail and | 41503 |
| sell at retail the fireworks manufactured by the manufacturer, | 41504 |
| including 1.4G fireworks, to out-of-state residents in accordance | 41505 |
| with section 3743.44 of the Revised Code, to residents of this | 41506 |
| state in accordance with section 3743.45 of the Revised Code, or | 41507 |
| to persons located in another state provided the fireworks are | 41508 |
| shipped directly out of this state to them by the manufacturer. A | 41509 |
| person who is licensed as a manufacturer of fireworks on June 14, | 41510 |
| 1988, may also possess for sale and sell pursuant to division | 41511 |
| (C)(3) of this section fireworks other than those the person | 41512 |
| manufactures. The possession for sale shall be on the premises of | 41513 |
| the fireworks plant described in the application for licensure or | 41514 |
| in the notification submitted under division (B) of this section, | 41515 |
| and the sale shall be from the inside of a licensed building and | 41516 |
| from no other structure or device outside a licensed building. At | 41517 |
| no time shall a licensed manufacturer sell any class of fireworks | 41518 |
| outside a licensed building. | 41519 |
| A licensed manufacturer of fireworks shall sell under | 41520 |
| division (C) of this section only fireworks that meet the | 41521 |
| standards set by the consumer product safety commission or by the | 41522 |
| American fireworks standard laboratories or that have received an | 41523 |
| EX number from the United States department of transportation. | 41524 |
| (D) The license of a manufacturer of fireworks shall be | 41525 |
| protected under glass and posted in a conspicuous place on the | 41526 |
| premises of the fireworks plant. Except as otherwise provided in | 41527 |
| this division, the license is not transferable or assignable. A | 41528 |
| license may be transferred to another person for the same | 41529 |
| fireworks plant for which the license was issued if the assets of | 41530 |
| the plant are transferred to that person by inheritance or by a | 41531 |
| sale approved by the state fire marshal. The license is subject to | 41532 |
| revocation in accordance with section 3743.08 of the Revised Code. | 41533 |
| (E) The state fire marshal shall not place the license of a | 41534 |
| manufacturer of fireworks in a temporarily inactive status while | 41535 |
| the holder of the license is attempting to qualify to retain the | 41536 |
| license. | 41537 |
| (F) Each licensed manufacturer of fireworks that possesses | 41538 |
| fireworks for sale and sells fireworks under division (C) of | 41539 |
| section 3743.04 of the Revised Code, or a designee of the | 41540 |
| manufacturer, whose identity is provided to the state fire marshal | 41541 |
| by the manufacturer, annually shall attend a continuing education | 41542 |
| program. The state fire marshal shall develop the program and the | 41543 |
| state fire marshal or a person or public agency approved by the | 41544 |
| state fire marshal shall conduct it. A licensed manufacturer or | 41545 |
| the manufacturer's designee who attends a program as required | 41546 |
| under this division, within one year after attending the program, | 41547 |
| shall conduct in-service training as approved by the state fire | 41548 |
| marshal for other employees of the licensed manufacturer regarding | 41549 |
| the information obtained in the program. A licensed manufacturer | 41550 |
| shall provide the state fire marshal with notice of the date, | 41551 |
| time, and place of all in-service training. For any program | 41552 |
| conducted under this division, the state fire marshal shall, in | 41553 |
| accordance with rules adopted by the state fire marshal under | 41554 |
| Chapter 119. of the Revised Code, establish the subjects to be | 41555 |
| taught, the length of classes, the standards for approval, and | 41556 |
| time periods for notification by the licensee to the state fire | 41557 |
| marshal of any in-service training. | 41558 |
| (G) A licensed manufacturer shall maintain comprehensive | 41559 |
| general liability insurance coverage in the amount and type | 41560 |
| specified under division (B)(2) of section 3743.02 of the Revised | 41561 |
| Code at all times. Each policy of insurance required under this | 41562 |
| division shall contain a provision requiring the insurer to give | 41563 |
| not less than fifteen days' prior written notice to the state fire | 41564 |
| marshal before termination, lapse, or cancellation of the policy, | 41565 |
| or any change in the policy that reduces the coverage below the | 41566 |
| minimum required under this division. Prior to canceling or | 41567 |
| reducing the amount of coverage of any comprehensive general | 41568 |
| liability insurance coverage required under this division, a | 41569 |
| licensed manufacturer shall secure supplemental insurance in an | 41570 |
| amount and type that satisfies the requirements of this division | 41571 |
| so that no lapse in coverage occurs at any time. A licensed | 41572 |
| manufacturer who secures supplemental insurance shall file | 41573 |
| evidence of the supplemental insurance with the state fire marshal | 41574 |
| prior to canceling or reducing the amount of coverage of any | 41575 |
| comprehensive general liability insurance coverage required under | 41576 |
| this division. | 41577 |
| (H) The state fire marshal shall adopt rules for the | 41578 |
| expansion or contraction of a licensed premises and for approval | 41579 |
| of such expansions or contractions. The boundaries of a licensed | 41580 |
| premises, including any geographic expansion or contraction of | 41581 |
| those boundaries, shall be approved by the state fire marshal in | 41582 |
| accordance with rules the state fire marshal adopts. If the | 41583 |
| licensed premises consists of more than one parcel of real estate, | 41584 |
| those parcels shall be contiguous unless an exception is allowed | 41585 |
| pursuant to division (I) of this section. | 41586 |
| (I)(1) A licensed manufacturer may expand its licensed | 41587 |
| premises within this state to include not more than two storage | 41588 |
| locations that are located upon one or more real estate parcels | 41589 |
| that are noncontiguous to the licensed premises as that licensed | 41590 |
| premises exists on the date a licensee submits an application as | 41591 |
| described below, if all of the following apply: | 41592 |
| (a) The licensee submits an application to the state fire | 41593 |
| marshal and an application fee of one hundred dollars per storage | 41594 |
| location for which the licensee is requesting approval. | 41595 |
| (b) The identity of the holder of the license remains the | 41596 |
| same at the storage location. | 41597 |
| (c) The storage location has received a valid certificate of | 41598 |
| zoning compliance as applicable and a valid certificate of | 41599 |
| occupancy for each building or structure at the storage location | 41600 |
| issued by the authority having jurisdiction to issue the | 41601 |
| certificate for the storage location, and those certificates | 41602 |
| permit the distribution and storage of fireworks regulated under | 41603 |
| this chapter at the storage location and in the buildings or | 41604 |
| structures. The storage location shall be in compliance with all | 41605 |
| other applicable federal, state, and local laws and regulations. | 41606 |
| (d) Every building or structure located upon the storage | 41607 |
| location is separated from occupied residential and nonresidential | 41608 |
| buildings or structures, railroads, highways, or any other | 41609 |
| buildings or structures on the licensed premises in accordance | 41610 |
| with the distances specified in the rules adopted by the state | 41611 |
| fire marshal pursuant to section 3743.05 of the Revised Code. | 41612 |
| (e) Neither the licensee nor any person holding, owning, or | 41613 |
| controlling a five per cent or greater beneficial or equity | 41614 |
| interest in the licensee has been convicted of or pleaded guilty | 41615 |
| to a felony under the laws of this state, any other state, or the | 41616 |
| United States, after September 29, 2005. | 41617 |
| (f) The state fire marshal approves the application for | 41618 |
| expansion. | 41619 |
| (2) The state fire marshal shall approve an application for | 41620 |
| expansion requested under division (I)(1) of this section if the | 41621 |
| state fire marshal receives the application fee and proof that the | 41622 |
| requirements of divisions (I)(1)(b) to (e) of this section are | 41623 |
| satisfied. The storage location shall be considered part of the | 41624 |
| original licensed premises and shall use the same distinct number | 41625 |
| assigned to the original licensed premises with any additional | 41626 |
| designations as the state fire marshal deems necessary in | 41627 |
| accordance with section 3743.03 of the Revised Code. | 41628 |
| (J)(1) A licensee who obtains approval for the use of a | 41629 |
| storage location in accordance with division (I) of this section | 41630 |
| shall use the storage location exclusively for the following | 41631 |
| activities, in accordance with division (C) of this section: | 41632 |
| (a) The packaging, assembling, or storing of fireworks, which | 41633 |
| shall only occur in buildings or structures approved for such | 41634 |
| hazardous uses by the building code official having jurisdiction | 41635 |
| for the storage location or, for 1.4G fireworks, in containers or | 41636 |
| trailers approved for such hazardous uses by the state fire | 41637 |
| marshal if such containers or trailers are not subject to | 41638 |
| regulation by the building code adopted in accordance with Chapter | 41639 |
| 3781. of the Revised Code. All such storage shall be in accordance | 41640 |
| with the rules adopted by the state fire marshal under division | 41641 |
| (G) of section 3743.05 of the Revised Code for the packaging, | 41642 |
| assembling, and storage of fireworks. | 41643 |
| (b) Distributing fireworks to other parcels of real estate | 41644 |
| located on the manufacturer's licensed premises, to licensed | 41645 |
| wholesalers or other licensed manufacturers in this state or to | 41646 |
| similarly licensed persons located in another state or country; | 41647 |
| (c) Distributing fireworks to a licensed exhibitor of | 41648 |
| fireworks pursuant to a properly issued permit in accordance with | 41649 |
| section 3743.54 of the Revised Code. | 41650 |
| (2) A licensed manufacturer shall not engage in any sales | 41651 |
| activity, including the retail sale of fireworks otherwise | 41652 |
| permitted under division (C)(2) or (C)(3) of this section, or | 41653 |
| pursuant to section 3743.44 or 3743.45 of the Revised Code, at the | 41654 |
| storage location approved under this section. | 41655 |
| (3) A storage location may not be relocated for a minimum | 41656 |
| period of five years after the storage location is approved by the | 41657 |
| state fire marshal in accordance with division (I) of this | 41658 |
| section. | 41659 |
| (K) The licensee shall prohibit public access to the storage | 41660 |
| location. The state fire marshal shall adopt rules to describe the | 41661 |
| acceptable measures a manufacturer shall use to prohibit access to | 41662 |
| the storage site. | 41663 |
| Sec. 3743.06. In addition to conforming to the rules of the | 41664 |
| fire marshal adopted pursuant to section 3743.05 of the Revised | 41665 |
| Code, licensed manufacturers of fireworks shall operate their | 41666 |
| fireworks plants in accordance with the following: | 41667 |
| (A) Signs indicating that smoking is generally forbidden and | 41668 |
| trespassing is prohibited on the premises of a fireworks plant | 41669 |
| shall be posted on the premises in a manner determined by the fire | 41670 |
| marshal. | 41671 |
| (B) Reasonable precautions shall be taken to protect the | 41672 |
| premises of a fireworks plant from trespass, loss, theft, or | 41673 |
| destruction. Only persons employed by the manufacturer, authorized | 41674 |
| governmental personnel, and persons who have obtained permission | 41675 |
| from a member of the manufacturer's office to be on the premises, | 41676 |
| are to be allowed to enter and remain on the premises. | 41677 |
| (C) Smoking or the carrying of pipes, cigarettes, or cigars, | 41678 |
| matches, lighters, other flame-producing items, or open flame on, | 41679 |
| or the carrying of a concealed source of ignition into, the | 41680 |
| premises of a fireworks plant is prohibited, except that a | 41681 |
| manufacturer may permit smoking in specified lunchrooms or | 41682 |
| restrooms in buildings or other structures in which no | 41683 |
| manufacturing, handling, sales, or storage of fireworks takes | 41684 |
| place. "NO SMOKING" signs shall be posted on the premises as | 41685 |
| required by the fire marshal. | 41686 |
| (D) Fire and explosion prevention and other reasonable safety | 41687 |
| measures and precautions shall be implemented by a manufacturer. | 41688 |
| (E) Persons shall not be permitted to have in their | 41689 |
| possession or under their control, while they are on the premises | 41690 |
| of the fireworks plant, any intoxicating liquor, beer, or | 41691 |
| controlled substance, and they shall not be permitted to enter or | 41692 |
| remain on the premises if they are found to be under the influence | 41693 |
| of any intoxicating liquor, beer, or controlled substance. | 41694 |
| (F) A manufacturer shall conform to all building, safety, and | 41695 |
| zoning statutes, ordinances, rules, or other enactments that apply | 41696 |
| to the premises of its fireworks plant. | 41697 |
| (G) Each fireworks plant shall have at least one class 1 | 41698 |
| magazine that is approved by the bureau of alcohol, tobacco, and | 41699 |
| firearms of the United States department of the treasury and that | 41700 |
| is otherwise in conformity with federal law. This division does | 41701 |
| not apply to fireworks plants existing on or before August 3, | 41702 |
| 1931. | 41703 |
| (H) Awnings, tents, and canopies shall not be used as | 41704 |
| facilities for the sale or storage of fireworks. This division | 41705 |
| does not prohibit the use of an awning or canopy attached to a | 41706 |
| public access showroom for storing nonflammable shopping | 41707 |
| convenience items such as shopping carts or baskets or providing a | 41708 |
| shaded area for patrons waiting to enter the public sales area. | 41709 |
| (I) Fireworks may be stored in trailers if the trailers are | 41710 |
| properly enclosed, secured, and grounded and are separated from | 41711 |
| any structure to which the public is admitted by a distance that | 41712 |
| will, in the fire marshal's judgment, allow fire-fighting | 41713 |
| equipment to have full access to the structures on the licensed | 41714 |
| premises. Such trailers may be moved into closer proximity to any | 41715 |
| structure only to accept or discharge cargo for a period not to | 41716 |
| exceed forty-eight hours. Only two such trailers may be placed in | 41717 |
| such closer proximity at any one time. At no time may trailers be | 41718 |
| used for conducting sales of any class of fireworks, nor may | 41719 |
| members of the public have access to the trailers. | 41720 |
| Storage areas for fireworks that are in the same building | 41721 |
| where fireworks are displayed and sold to the public shall be | 41722 |
| separated from the areas to which the public has access by an | 41723 |
| appropriately rated fire wall. | 41724 |
| (J) A fire suppression system as defined in section 3781.108 | 41725 |
| of the Revised Code may be turned off only for repair, drainage of | 41726 |
| the system to prevent damage by freezing during the period of | 41727 |
| time, approved by the fire marshal, that the facility is closed to | 41728 |
| all public access during winter months, or maintenance of the | 41729 |
| system. If any repair or maintenance is necessary during times | 41730 |
| when the facility is open for public access and business as | 41731 |
| approved by the fire marshal, the licensed manufacturer shall | 41732 |
| notify in advance the appropriate insurance company and fire chief | 41733 |
| or fire prevention officer regarding the nature of the maintenance | 41734 |
| or repair and the time when it will be performed. | 41735 |
| (K) If any fireworks item is removed from its original | 41736 |
| package or is manufactured with any fuse other than a safety fuse | 41737 |
| approved by the consumer product safety commission, then the item | 41738 |
| shall be covered completely by repackaging or bagging or it shall | 41739 |
| otherwise be covered so as to prevent ignition prior to sale. | 41740 |
| (L) A safety officer shall be present during regular business | 41741 |
| hours at a building open to the public during the period | 41742 |
| commencing fourteen days before, and ending two days after, each | 41743 |
| fourth day of July. The officer shall be highly visible, enforce | 41744 |
| this chapter and any applicable building codes to the extent the | 41745 |
| officer is authorized by law, and be one of the following: | 41746 |
| (1) A deputy sheriff; | 41747 |
| (2) A law enforcement officer of a municipal corporation, | 41748 |
| township, or township or joint police district; | 41749 |
| (3) A private uniformed security guard registered under | 41750 |
| section 4749.06 of the Revised Code. | 41751 |
| (M) All doors of all buildings on the licensed premises shall | 41752 |
| swing outward. | 41753 |
| (N) All wholesale and commercial sales of fireworks shall be | 41754 |
| packaged, shipped, placarded, and transported in accordance with | 41755 |
| United States department of transportation regulations applicable | 41756 |
| to the transportation, and the offering for transportation, of | 41757 |
| hazardous materials. For purposes of this division, "wholesale and | 41758 |
| commercial sales" includes all sales for resale and any nonretail | 41759 |
| sale made in furtherance of a commercial enterprise. For purposes | 41760 |
|
of enforcement of these regulations under section | 41761 |
| of the Revised Code, any sales transaction exceeding one thousand | 41762 |
| pounds shall be rebuttably presumed to be a wholesale or | 41763 |
| commercial sale. | 41764 |
| Sec. 3743.19. In addition to conforming to the rules of the | 41765 |
| fire marshal adopted pursuant to section 3743.18 of the Revised | 41766 |
| Code, licensed wholesalers of fireworks shall conduct their | 41767 |
| business operations in accordance with the following: | 41768 |
| (A) A wholesaler shall conduct its business operations from | 41769 |
| the location described in its application for licensure or in a | 41770 |
| notification submitted under division (B) of section 3743.17 of | 41771 |
| the Revised Code. | 41772 |
| (B) Signs indicating that smoking is generally forbidden and | 41773 |
| trespassing is prohibited on the premises of a wholesaler shall be | 41774 |
| posted on the premises as determined by the fire marshal. | 41775 |
| (C) Reasonable precautions shall be taken to protect the | 41776 |
| premises of a wholesaler from trespass, loss, theft, or | 41777 |
| destruction. | 41778 |
| (D) Smoking or the carrying of pipes, cigarettes, or cigars, | 41779 |
| matches, lighters, other flame-producing items, or open flame on, | 41780 |
| or the carrying of a concealed source of ignition into, the | 41781 |
| premises of a wholesaler is prohibited, except that a wholesaler | 41782 |
| may permit smoking in specified lunchrooms or restrooms in | 41783 |
| buildings or other structures in which no sales, handling, or | 41784 |
| storage of fireworks takes place. "NO SMOKING" signs shall be | 41785 |
| posted on the premises as required by the fire marshal. | 41786 |
| (E) Fire and explosion prevention and other reasonable safety | 41787 |
| measures and precautions shall be implemented by a wholesaler. | 41788 |
| (F) Persons shall not be permitted to have in their | 41789 |
| possession or under their control, while they are on the premises | 41790 |
| of a wholesaler, any intoxicating liquor, beer, or controlled | 41791 |
| substance, and they shall not be permitted to enter or remain on | 41792 |
| the premises if they are found to be under the influence of any | 41793 |
| intoxicating liquor, beer, or controlled substance. | 41794 |
| (G) A wholesaler shall conform to all building, safety, and | 41795 |
| zoning statutes, ordinances, rules, or other enactments that apply | 41796 |
| to its premises. | 41797 |
| (H) Each building used in the sale of fireworks shall be kept | 41798 |
| open to the public for at least four hours each day between the | 41799 |
| hours of eight a.m. and five p.m., five days of each week, every | 41800 |
| week of the year. Upon application from a licensed wholesaler, the | 41801 |
| fire marshal may waive any of the requirements of this division. | 41802 |
| (I) Awnings, tents, or canopies shall not be used as | 41803 |
| facilities for the storage or sale of fireworks. This division | 41804 |
| does not prohibit the use of an awning or canopy attached to a | 41805 |
| public access showroom for storing nonflammable shopping | 41806 |
| convenience items such as shopping carts or baskets or providing a | 41807 |
| shaded area for patrons waiting to enter the public sales area. | 41808 |
| (J) 1.4G fireworks may be stored in trailers if the trailers | 41809 |
| are properly enclosed, secured, and grounded and are separated | 41810 |
| from any structure to which the public is admitted by a distance | 41811 |
| that will, in the fire marshal's judgment, allow fire-fighting | 41812 |
| equipment to have full access to the structures on the licensed | 41813 |
| premises. Such trailers may be moved into closer proximity to any | 41814 |
| structure only to accept or discharge cargo for a period not to | 41815 |
| exceed forty-eight hours. Only two such trailers may be placed in | 41816 |
| such closer proximity at any one time. At no time may trailers be | 41817 |
| used for conducting sales of any class of fireworks nor may | 41818 |
| members of the public have access to the trailers. | 41819 |
| Storage areas for fireworks that are in the same building | 41820 |
| where fireworks are displayed and sold to the public shall be | 41821 |
| separated from the areas to which the public has access by an | 41822 |
| appropriately rated fire wall. If the licensee installs and | 41823 |
| properly maintains an early suppression fast response sprinkler | 41824 |
| system or equivalent fire suppression system as described in the | 41825 |
| fire code adopted by the fire marshal in accordance with section | 41826 |
| 3737.82 of the Revised Code throughout the structure, a fire | 41827 |
| barrier wall may be substituted for a fire wall between the areas | 41828 |
| to which the public has access and the storage portions of the | 41829 |
| structure. | 41830 |
| (K) A fire suppression system as defined in section 3781.108 | 41831 |
| of the Revised Code may be turned off only for repair, drainage of | 41832 |
| the system to prevent damage by freezing during the period of | 41833 |
| time, approved by the fire marshal under division (I) of this | 41834 |
| section, that the facility is closed to public access during | 41835 |
| winter months, or maintenance of the system. If any repair or | 41836 |
| maintenance is necessary during times when the facility is open | 41837 |
| for public access and business, the licensed wholesaler shall | 41838 |
| notify in advance the appropriate insurance company and fire chief | 41839 |
| or fire prevention officer regarding the nature of the maintenance | 41840 |
| or repair and the time when it will be performed. | 41841 |
| (L) If any fireworks item is removed from its original | 41842 |
| package or is manufactured with any fuse other than a fuse | 41843 |
| approved by the consumer product safety commission, then the item | 41844 |
| shall be covered completely by repackaging or bagging or it shall | 41845 |
| otherwise be covered so as to prevent ignition prior to sale. | 41846 |
| (M) A safety officer shall be present during regular business | 41847 |
| hours at a building open to the public during the period | 41848 |
| commencing fourteen days before, and ending two days after, each | 41849 |
| fourth day of July. The officer shall be highly visible, enforce | 41850 |
| this chapter and any applicable building codes to the extent the | 41851 |
| officer is authorized by law, and be one of the following: | 41852 |
| (1) A deputy sheriff; | 41853 |
| (2) A law enforcement officer of a municipal corporation, | 41854 |
| township, or township or joint police district; | 41855 |
| (3) A private uniformed security guard registered under | 41856 |
| section 4749.06 of the Revised Code. | 41857 |
| (N) All doors of all buildings on the licensed premises shall | 41858 |
| swing outward. | 41859 |
| (O) All wholesale and commercial sales of fireworks shall be | 41860 |
| packaged, shipped, placarded, and transported in accordance with | 41861 |
| United States department of transportation regulations applicable | 41862 |
| to the transportation, and the offering for transportation, of | 41863 |
| hazardous materials. For purposes of this division, "wholesale and | 41864 |
| commercial sales" includes all sales for resale and any nonretail | 41865 |
| sale made in furtherance of a commercial enterprise. For purposes | 41866 |
|
of enforcement of these regulations under section | 41867 |
| of the Revised Code, any sales transaction exceeding one thousand | 41868 |
| pounds shall be rebuttably presumed to be a wholesale or | 41869 |
| commercial sale. | 41870 |
| Sec. 3743.25. (A)(1) Except as described in division (A)(2) | 41871 |
| of this section, all retail sales of 1.4G fireworks by a licensed | 41872 |
| manufacturer or wholesaler shall only occur from an approved | 41873 |
| retail sales showroom on a licensed premises or from a | 41874 |
| representative sample showroom as described in this section on a | 41875 |
| licensed premises. For the purposes of this section, a retail sale | 41876 |
| includes the transfer of the possession of the 1.4G fireworks from | 41877 |
| the licensed manufacturer or wholesaler to the purchaser of the | 41878 |
| fireworks. | 41879 |
| (2) Sales of 1.4G fireworks to a licensed exhibitor for a | 41880 |
| properly permitted exhibition shall occur in accordance with the | 41881 |
| provisions of the Revised Code and rules adopted by the state fire | 41882 |
| marshal under Chapter 119. of the Revised Code. Such rules shall | 41883 |
| specify, at a minimum, that the licensed exhibitor holds a license | 41884 |
| under section 3743.51 of the Revised Code, that the exhibitor | 41885 |
| possesses a valid exhibition permit issued in accordance with | 41886 |
| section 3743.54 of the Revised Code, and that the fireworks | 41887 |
| shipped are to be used at the specifically permitted exhibition. | 41888 |
| (B) All wholesale sales of fireworks by a licensed | 41889 |
| manufacturer or wholesaler shall only occur from a licensed | 41890 |
| premises to persons who intend to resell the fireworks purchased | 41891 |
| at wholesale. A wholesale sale by a licensed manufacturer or | 41892 |
| wholesaler may occur as follows: | 41893 |
| (1) The direct sale and shipment of fireworks to a person | 41894 |
| outside of this state; | 41895 |
| (2) From an approved retail sales showroom as described in | 41896 |
| this section; | 41897 |
| (3) From a representative sample showroom as described in | 41898 |
| this section; | 41899 |
| (4) By delivery of wholesale fireworks to a purchaser at a | 41900 |
| licensed premises outside of a structure or building on that | 41901 |
| premises. All other portions of the wholesale sales transaction | 41902 |
| may occur at any location on a licensed premises. | 41903 |
| (5) Any other method as described in rules adopted by the | 41904 |
| state fire marshal under Chapter 119. of the Revised Code. | 41905 |
| (C) A licensed manufacturer or wholesaler shall only sell | 41906 |
| 1.4G fireworks from a representative sample showroom or a retail | 41907 |
| sales showroom. Each licensed premises shall only contain one | 41908 |
| sales structure. | 41909 |
| A representative sample showroom shall consist of a structure | 41910 |
| constructed and maintained in accordance with the nonresidential | 41911 |
| building code adopted under Chapter 3781. of the Revised Code and | 41912 |
| the fire code adopted under section 3737.82 of the Revised Code | 41913 |
| for a use and occupancy group that permits mercantile sales. A | 41914 |
| representative sample showroom shall not contain any pyrotechnics, | 41915 |
| pyrotechnic materials, fireworks, explosives, explosive materials, | 41916 |
| or any similar hazardous materials or substances. A representative | 41917 |
| sample showroom shall be used only for the public viewing of | 41918 |
| fireworks product representations, including paper materials, | 41919 |
| packaging materials, catalogs, photographs, or other similar | 41920 |
| product depictions. The delivery of product to a purchaser of | 41921 |
| fireworks at a licensed premises that has a representative sample | 41922 |
| structure shall not occur inside any structure on a licensed | 41923 |
| premises. Such product delivery shall occur on the licensed | 41924 |
| premises in a manner prescribed by rules adopted by the state fire | 41925 |
| marshal pursuant to Chapter 119. of the Revised Code. | 41926 |
| If a manufacturer or wholesaler elects to conduct sales from | 41927 |
| a retail sales showroom, the showroom structures, to which the | 41928 |
| public may have any access and in which employees are required to | 41929 |
| work, on all licensed premises, shall comply with the following | 41930 |
| safety requirements: | 41931 |
| (1) A fireworks showroom that is constructed or upon which | 41932 |
| expansion is undertaken on and after June 30, 1997, shall be | 41933 |
| equipped with interlinked fire detection, fire suppression, smoke | 41934 |
| exhaust, and smoke evacuation systems that are approved by the | 41935 |
|
superintendent of | 41936 |
| commerce. | 41937 |
| (2) A fireworks showroom that first begins to operate on or | 41938 |
| after June 30, 1997, and to which the public has access for retail | 41939 |
| purposes shall not exceed five thousand square feet in floor area. | 41940 |
| (3) A newly constructed or an existing fireworks showroom | 41941 |
| structure that exists on September 23, 2008, but that, on or after | 41942 |
| September 23, 2008, is altered or added to in a manner requiring | 41943 |
| the submission of plans, drawings, specifications, or data | 41944 |
| pursuant to section 3791.04 of the Revised Code, shall comply with | 41945 |
| a graphic floor plan layout that is approved by the state fire | 41946 |
| marshal and superintendent showing width of aisles, parallel | 41947 |
| arrangement of aisles to exits, number of exits per wall, maximum | 41948 |
| occupancy load, evacuation plan for occupants, height of storage | 41949 |
| or display of merchandise, and other information as may be | 41950 |
| required by the state fire marshal and superintendent. | 41951 |
| (4) A fireworks showroom structure that exists on June 30, | 41952 |
| 1997, shall be in compliance on or after June 30, 1997, with floor | 41953 |
| plans showing occupancy load limits and internal circulation and | 41954 |
| egress patterns that are approved by the state fire marshal and | 41955 |
| superintendent, and that are submitted under seal as required by | 41956 |
| section 3791.04 of the Revised Code. | 41957 |
| (D) The safety requirements established in division (C) of | 41958 |
| this section are not subject to any variance, waiver, or exclusion | 41959 |
| pursuant to this chapter or any applicable building code. | 41960 |
| Sec. 3745.01. There is hereby created the environmental | 41961 |
| protection agency, headed by the director of environmental | 41962 |
| protection. The agency, under the supervision of the director, | 41963 |
| shall administer the laws pertaining to chemical emergency | 41964 |
| planning, community right-to-know, and toxic chemical release | 41965 |
| reporting; the cessation of chemical handling operations; the | 41966 |
| prevention, control, and abatement of air and water pollution; | 41967 |
| public water supply; comprehensive water resource management | 41968 |
| planning; products that contain mercury as defined in section | 41969 |
| 3734.61 of the Revised Code; and the disposal and treatment of | 41970 |
| solid wastes, infectious wastes, construction and demolition | 41971 |
| debris, hazardous waste, sewage, industrial waste, and other | 41972 |
| wastes. The director may do all of the following: | 41973 |
| (A) Provide such methods of administration, appoint such | 41974 |
| personnel, make such reports, and take such other action as may be | 41975 |
| necessary to comply with the requirements of the federal laws and | 41976 |
| regulations pertaining to chemical emergency planning, community | 41977 |
| right-to-know, and toxic chemical release reporting; air and water | 41978 |
| pollution control; public water supply; water resource planning; | 41979 |
| and waste disposal and treatment; | 41980 |
| (B) Procure by contract the temporary or intermittent | 41981 |
| services of experts or consultants, or organizations thereof, when | 41982 |
| those services are to be performed on a part-time or | 41983 |
| fee-for-service basis and do not involve the performance of | 41984 |
| administrative duties; | 41985 |
| (C) Advise, consult, cooperate, and enter into contracts or | 41986 |
| agreements, including consensual administrative order agreements, | 41987 |
| with any other agencies of the state, the federal government, | 41988 |
|
other states, | 41989 |
| affected groups, political subdivisions, and industries in | 41990 |
| furtherance of the purposes of this chapter and Chapters 3704., | 41991 |
| 3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code; | 41992 |
| (D) Establish advisory boards in accordance with section | 41993 |
| 121.13 of the Revised Code; | 41994 |
| (E) Accept on behalf of the state any grant, gift, or | 41995 |
| contribution made for toxic chemical release reporting, air or | 41996 |
| water pollution control, public water supply, water resource | 41997 |
| planning, waste disposal or treatment, or related purposes, and | 41998 |
| expend it for those purposes; | 41999 |
| (F) Make an annual report to the governor and the general | 42000 |
| assembly on activities and expenditures as well as recommendations | 42001 |
| for such additional legislation as the director considers | 42002 |
| appropriate to carry out the director's duties or accomplish the | 42003 |
| purposes of this section; | 42004 |
| (G) Enter into environmental covenants in accordance with | 42005 |
| sections 5301.80 to 5301.92 of the Revised Code, and grant or | 42006 |
| accept easements or sell real property pursuant to section | 42007 |
| 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as | 42008 |
| applicable. | 42009 |
| The agency shall utilize the laboratory facilities of the | 42010 |
| department of health and other state institutions and agencies to | 42011 |
| the maximum extent that the utilization is practicable, | 42012 |
| economical, and technically satisfactory. | 42013 |
| The director shall maintain and keep available for public | 42014 |
| inspection, at the director's principal office, a current register | 42015 |
| of all applications filed for permits, leases, licenses, | 42016 |
| variances, certificates, and approval of plans and specifications | 42017 |
| and of publicly owned treatment works pretreatment programs under | 42018 |
| the director's jurisdiction, hearings pending, the director's | 42019 |
| final action thereon, and the dates on which the filings, | 42020 |
| hearings, and final actions occur. The director shall maintain and | 42021 |
| keep available for public inspection at the director's principal | 42022 |
| office all plans, reports, and other documents required to be | 42023 |
| filed with the emergency response commission under Chapter 3750. | 42024 |
| of the Revised Code and rules adopted under it, and all reports | 42025 |
| and other documents required to be filed with the director under | 42026 |
| Chapter 3751. of the Revised Code and rules adopted under it, | 42027 |
| subject to the requirements of those chapters and rules adopted | 42028 |
| under them for the protection of trade secrets and confidential | 42029 |
| business information from disclosure to persons not authorized | 42030 |
| under those laws to receive trade secret or confidential business | 42031 |
| information. | 42032 |
| Sec. 3745.05. (A) In hearing the appeal, if an adjudication | 42033 |
| hearing was conducted by the director of environmental protection | 42034 |
| in accordance with sections 119.09 and 119.10 of the Revised Code | 42035 |
| or conducted by a board of health, the environmental review | 42036 |
| appeals commission is confined to the record as certified to it by | 42037 |
| the director or the board of health, as applicable. The commission | 42038 |
| may grant a request for the admission of additional evidence when | 42039 |
| satisfied that such additional evidence is newly discovered and | 42040 |
| could not with reasonable diligence have been ascertained prior to | 42041 |
| the hearing before the director or the board, as applicable. If no | 42042 |
| adjudication hearing was conducted in accordance with sections | 42043 |
| 119.09 and 119.10 of the Revised Code or conducted by a board of | 42044 |
| health, the commission shall conduct a hearing de novo on the | 42045 |
| appeal. | 42046 |
| For the purpose of conducting a de novo hearing, or where the | 42047 |
| commission has granted a request for the admission of additional | 42048 |
| evidence, the commission may require the attendance of witnesses | 42049 |
| and the production of written or printed materials. | 42050 |
| When conducting a de novo hearing, or when a request for the | 42051 |
| admission of additional evidence has been granted, the commission | 42052 |
| may, and at the request of any party it shall, issue subpoenas for | 42053 |
| witnesses or for books, papers, correspondence, memoranda, | 42054 |
| agreements, or other documents or records relevant or material to | 42055 |
| the inquiry directed to the sheriff of the counties where the | 42056 |
| witnesses or documents or records are found, which subpoenas shall | 42057 |
| be served and returned in the same manner as those allowed by the | 42058 |
| court of common pleas in criminal cases. | 42059 |
| (B) The fees of sheriffs shall be the same as those allowed | 42060 |
| by the court of common pleas in criminal cases. Witnesses shall be | 42061 |
| paid the fees and mileage provided for under section 119.094 of | 42062 |
| the Revised Code. The fee and mileage expenses incurred at the | 42063 |
| request of the appellant shall be paid in advance by the | 42064 |
| appellant, and the remainder of the expenses shall be paid out of | 42065 |
| funds appropriated for the expenses of the commission. | 42066 |
| (C) In case of disobedience or neglect of any subpoena served | 42067 |
| on any person, or the refusal of any witness to testify to any | 42068 |
| matter regarding which the witness may be lawfully interrogated, | 42069 |
| the court of common pleas of the county in which the disobedience, | 42070 |
| neglect, or refusal occurs, or any judge thereof, on application | 42071 |
| of the commission or any member thereof, may compel obedience by | 42072 |
| attachment proceedings for contempt as in the case of disobedience | 42073 |
| of the requirements of a subpoena issued from the court or a | 42074 |
| refusal to testify therein. | 42075 |
| (D) A witness at any hearing shall testify under oath or | 42076 |
| affirmation, which any member of the commission may administer. A | 42077 |
| witness, if the witness requests, shall be permitted to be | 42078 |
| accompanied, represented, and advised by an attorney, whose | 42079 |
| participation in the hearing shall be limited to the protection of | 42080 |
| the rights of the witness, and who may not examine or | 42081 |
| cross-examine witnesses. A witness shall be advised of the right | 42082 |
| to counsel before the witness is interrogated. | 42083 |
| (E) A | 42084 |
|
submitted shall be taken by an official court
| 42085 |
| The record shall include all of the testimony and other evidence | 42086 |
| and the rulings on the admissibility thereof presented at the | 42087 |
| hearing. The commission shall pass upon the admissibility of | 42088 |
| evidence, but any party may at the time object to the admission of | 42089 |
| any evidence and except to the rulings of the commission thereon, | 42090 |
| and if the commission refuses to admit evidence the party offering | 42091 |
| same may make a proffer thereof, and such proffer shall be made a | 42092 |
| part of the record of such hearing. | 42093 |
| Any party may request the | 42094 |
| Promptly after receiving such a request, the commission shall | 42095 |
|
prepare and provide the | 42096 |
| party who requested it. The commission may charge a fee to the | 42097 |
|
party who requested the
| 42098 |
| the cost to the commission for preparing and transcribing or | 42099 |
| transmitting it. | 42100 |
| (F) If, upon completion of the hearing, the commission finds | 42101 |
| that the action appealed from was lawful and reasonable, it shall | 42102 |
| make a written order affirming the action, or if the commission | 42103 |
| finds that the action was unreasonable or unlawful, it shall make | 42104 |
| a written order vacating or modifying the action appealed from. | 42105 |
| The commission shall issue a written order affirming, | 42106 |
| vacating, or modifying an action pursuant to the following | 42107 |
| schedule: | 42108 |
| (1) For an appeal that was filed with the commission before | 42109 |
| April 15, 2008, the commission shall issue a written order not | 42110 |
| later than December 15, 2009. | 42111 |
| (2) For all other appeals that have been filed with the | 42112 |
| commission as of October 15, 2009, the commission shall issue a | 42113 |
| written order not later than July 15, 2010. | 42114 |
| (3) For an appeal that is filed with the commission after | 42115 |
| October 15, 2009, the commission shall issue a written order not | 42116 |
| later than twelve months after the filing of the appeal with the | 42117 |
| commission. | 42118 |
| (G) Every order made by the commission shall contain a | 42119 |
| written finding by the commission of the facts upon which the | 42120 |
| order is based. Notice of the making of the order shall be given | 42121 |
| forthwith to each party to the appeal by mailing a certified copy | 42122 |
| thereof to each party by certified mail, with a statement of the | 42123 |
| time and method by which an appeal may be perfected. | 42124 |
| (H) The order of the commission is final unless vacated or | 42125 |
| modified upon judicial review. | 42126 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 42127 |
| licenses, variances, plan approvals, and certifications issued by | 42128 |
| the director of environmental protection pursuant to Chapters | 42129 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 42130 |
| to the environmental protection agency for each such issuance and | 42131 |
| each application for an issuance as provided by this section. No | 42132 |
| fee shall be charged for any issuance for which no application has | 42133 |
| been submitted to the director. | 42134 |
| (B) | 42135 |
| 42136 | |
| 42137 | |
| 42138 |
| | 42139 |
| 42140 | |||||
| 42141 | |||||
| 42142 | |||||
| | 42143 | ||||
| | 42144 | ||||
| | 42145 | ||||
| | 42146 | ||||
| | 42147 | ||||
| | 42148 | ||||
| | 42149 |
| 42150 | |
| 42151 |
| | 42152 |
| 42153 | |||||
| 42154 | |||||
| |
| 42155 | |||
| | 42156 | ||||
| | 42157 | ||||
| | 42158 | ||||
| | 42159 |
| 42160 | |||||
| 42161 | |||||
| | 42162 | ||||
| | 42163 | ||||
| | 42164 | ||||
| | 42165 | ||||
| | 42166 |
| 42167 |
| | 42168 |
| 42169 | |
| 42170 | |
| 42171 | |
| 42172 | |
| 42173 | |
| 42174 | |
| 42175 | |
| 42176 |
| | 42177 |
| | 42178 |
| | 42179 |
| | 42180 |
| | 42181 |
| | 42182 |
| | 42183 |
| | 42184 |
| | 42185 |
| | 42186 |
| 42187 | |
| 42188 | |
| 42189 |
| 42190 |
| 42191 | |||
| |
42192 | ||
| |
42193 | ||
| |
42194 | ||
| |
42195 | ||
| |
42196 |
| | 42197 |
| 42198 | |||||
| |
42199 | ||||
| | 42200 | ||||
| | 42201 | ||||
| | 42202 | ||||
| | 42203 | ||||
| | 42204 | ||||
| |
| 42205 | |||
| | 42206 |
| 42207 | |||||
| 42208 | |||||
| | 42209 |
| 42210 | |||||
| 42211 | |||||
| | 42212 |
| 42213 | |||||
| 42214 | |||||
| | 42215 |
| this section, beginning July 1, 1994, each person who owns or | 42216 |
| operates an air contaminant source and who is required to apply | 42217 |
| for and obtain a Title V permit under section 3704.036 of the | 42218 |
|
Revised Code shall pay the fees set forth in this division | 42219 |
| 42220 | |
| emissions of air contaminants may be calculated using engineering | 42221 |
| calculations, emissions factors, material balance calculations, or | 42222 |
| performance testing procedures, as authorized by the director. | 42223 |
| The following fees shall be assessed on the total actual | 42224 |
| emissions from a source in tons per year of the regulated | 42225 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 42226 |
| organic compounds, and lead: | 42227 |
| | 42228 |
| of each such regulated pollutant during the period July through | 42229 |
| December 1993, to be collected no sooner than July 1, 1994; | 42230 |
| | 42231 |
| of each such regulated pollutant during calendar year 1994, to be | 42232 |
| collected no sooner than April 15, 1995; | 42233 |
| | 42234 |
| emissions of each such regulated pollutant in calendar year 1995, | 42235 |
| and each subsequent calendar year, to be collected no sooner than | 42236 |
| the fifteenth day of April of the year next succeeding the | 42237 |
| calendar year in which the emissions occurred. | 42238 |
| The fees levied under this division | 42239 |
| not apply to that portion of the emissions of a regulated | 42240 |
| pollutant at a facility that exceed four thousand tons during a | 42241 |
| calendar year. | 42242 |
| | 42243 |
| section are for the purpose of providing funding for the Title V | 42244 |
| permit program. | 42245 |
| | 42246 |
| section do not apply to emissions from any electric generating | 42247 |
| unit designated as a Phase I unit under Title IV of the federal | 42248 |
| Clean Air Act prior to calendar year 2000. Those fees shall be | 42249 |
| assessed on the emissions from such a generating unit commencing | 42250 |
| in calendar year 2001 based upon the total actual emissions from | 42251 |
| the generating unit during calendar year 2000 and shall continue | 42252 |
| to be assessed each subsequent calendar year based on the total | 42253 |
| actual emissions from the generating unit during the preceding | 42254 |
| calendar year. | 42255 |
| | 42256 |
| operators of air contaminant sources who are required to pay a fee | 42257 |
|
assessed under division | 42258 |
| invoice shall be issued no sooner than the applicable date when | 42259 |
| the fee first may be collected in a year under the applicable | 42260 |
| division, shall identify the nature and amount of the fee | 42261 |
| assessed, and shall indicate that the fee is required to be paid | 42262 |
| within thirty days after the issuance of the invoice. | 42263 |
| (D)(1) Except as provided in division (D)(3) of this section, | 42264 |
| from January 1, 1994, through December 31, 2003, each person who | 42265 |
| owns or operates an air contaminant source; who is required to | 42266 |
| apply for a permit to operate pursuant to rules adopted under | 42267 |
| division (G), or a variance pursuant to division (H), of section | 42268 |
| 3704.03 of the Revised Code; and who is not required to apply for | 42269 |
| and obtain a Title V permit under section 3704.036 of the Revised | 42270 |
| Code shall pay a single fee based upon the sum of the actual | 42271 |
| annual emissions from the facility of the regulated pollutants | 42272 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 42273 |
| compounds, and lead in accordance with the following schedule: | 42274 |
| Total tons per year | 42275 | |||||
| of regulated pollutants | Annual fee | 42276 | ||||
| emitted | per facility | 42277 | ||||
| More than 0, but less than 50 | $ 75 | 42278 | ||||
| 50 or more, but less than 100 | 300 | 42279 | ||||
| 100 or more | 700 | 42280 |
| (2) Except as provided in division (D)(3) of this section, | 42281 |
| beginning January 1, 2004, each person who owns or operates an air | 42282 |
| contaminant source; who is required to apply for a permit to | 42283 |
| operate pursuant to rules adopted under division (G), or a | 42284 |
| variance pursuant to division (H), of section 3704.03 of the | 42285 |
| Revised Code; and who is not required to apply for and obtain a | 42286 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 42287 |
| a single fee based upon the sum of the actual annual emissions | 42288 |
| from the facility of the regulated pollutants particulate matter, | 42289 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 42290 |
| accordance with the following schedule: | 42291 |
| Total tons per year | 42292 | |||||
| of regulated pollutants | Annual fee | 42293 | ||||
| emitted | per facility | 42294 | ||||
| More than 0, but less than 10 | $ 100 | 42295 | ||||
| 10 or more, but less than 50 | 200 | 42296 | ||||
| 50 or more, but less than 100 | 300 | 42297 | ||||
| 100 or more | 700 | 42298 |
| (3)(a) As used in division (D) of this section, "synthetic | 42299 |
| minor facility" means a facility for which one or more permits to | 42300 |
| install or permits to operate have been issued for the air | 42301 |
| contaminant sources at the facility that include terms and | 42302 |
| conditions that lower the facility's potential to emit air | 42303 |
| contaminants below the major source thresholds established in | 42304 |
| rules adopted under section 3704.036 of the Revised Code. | 42305 |
| (b) Beginning January 1, 2000, through June 30, 2014, each | 42306 |
| person who owns or operates a synthetic minor facility shall pay | 42307 |
| an annual fee based on the sum of the actual annual emissions from | 42308 |
| the facility of particulate matter, sulfur dioxide, nitrogen | 42309 |
| dioxide, organic compounds, and lead in accordance with the | 42310 |
| following schedule: | 42311 |
| Combined total tons | 42312 | ||||
| per year of all regulated | Annual fee | 42313 | |||
| pollutants emitted | per facility | 42314 |
| Less than 10 | $ 170 | 42315 | |||
| 10 or more, but less than 20 | 340 | 42316 | |||
| 20 or more, but less than 30 | 670 | 42317 | |||
| 30 or more, but less than 40 | 1,010 | 42318 | |||
| 40 or more, but less than 50 | 1,340 | 42319 | |||
| 50 or more, but less than 60 | 1,680 | 42320 | |||
| 60 or more, but less than 70 | 2,010 | 42321 | |||
| 70 or more, but less than 80 | 2,350 | 42322 | |||
| 80 or more, but less than 90 | 2,680 | 42323 | |||
| 90 or more, but less than 100 | 3,020 | 42324 | |||
| 100 or more | 3,350 | 42325 |
| (4) The fees assessed under division (D)(1) of this section | 42326 |
| shall be collected annually no sooner than the fifteenth day of | 42327 |
| April, commencing in 1995. The fees assessed under division (D)(2) | 42328 |
| of this section shall be collected annually no sooner than the | 42329 |
| fifteenth day of April, commencing in 2005. The fees assessed | 42330 |
| under division (D)(3) of this section shall be collected no sooner | 42331 |
| than the fifteenth day of April, commencing in 2000. The fees | 42332 |
| assessed under division (D) of this section in a calendar year | 42333 |
| shall be based upon the sum of the actual emissions of those | 42334 |
| regulated pollutants during the preceding calendar year. For the | 42335 |
| purpose of division (D) of this section, emissions of air | 42336 |
| contaminants may be calculated using engineering calculations, | 42337 |
| emission factors, material balance calculations, or performance | 42338 |
| testing procedures, as authorized by the director. The director, | 42339 |
| by rule, may require persons who are required to pay the fees | 42340 |
| assessed under division (D) of this section to pay those fees | 42341 |
| biennially rather than annually. | 42342 |
| (E)(1) Consistent with the need to cover the reasonable costs | 42343 |
| of the Title V permit program, the director annually shall | 42344 |
|
increase the fees prescribed in division | 42345 |
| by the percentage, if any, by which the consumer price index for | 42346 |
| the most recent calendar year ending before the beginning of a | 42347 |
| year exceeds the consumer price index for calendar year 1989. Upon | 42348 |
| calculating an increase in fees authorized by division (E)(1) of | 42349 |
| this section, the director shall compile revised fee schedules for | 42350 |
|
the purposes of division | 42351 |
| the revised schedules available to persons required to pay the | 42352 |
| fees assessed under that division and to the public. | 42353 |
| (2) For the purposes of division (E)(1) of this section: | 42354 |
| (a) The consumer price index for any year is the average of | 42355 |
| the consumer price index for all urban consumers published by the | 42356 |
| United States department of labor as of the close of the | 42357 |
| twelve-month period ending on the thirty-first day of August of | 42358 |
| that year. | 42359 |
| (b) If the 1989 consumer price index is revised, the director | 42360 |
| shall use the revision of the consumer price index that is most | 42361 |
| consistent with that for calendar year 1989. | 42362 |
| (F) Each person who is issued a permit to install pursuant to | 42363 |
| rules adopted under division (F) of section 3704.03 of the Revised | 42364 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 42365 |
| following schedules: | 42366 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 42367 |
| heaters used in the process of burning fuel for the primary | 42368 |
| purpose of producing heat or power by indirect heat transfer) | 42369 |
| Input capacity (maximum) | 42370 | ||
| (million British thermal units per hour) | Permit to install | 42371 | |
| Greater than 0, but less than 10 | $ 200 | 42372 | |
| 10 or more, but less than 100 | 400 | 42373 | |
| 100 or more, but less than 300 | 1000 | 42374 | |
| 300 or more, but less than 500 | 2250 | 42375 | |
| 500 or more, but less than 1000 | 3750 | 42376 | |
| 1000 or more, but less than 5000 | 6000 | 42377 | |
| 5000 or more | 9000 | 42378 |
| Units burning exclusively natural gas, number two fuel oil, | 42379 |
| or both shall be assessed a fee that is one-half the applicable | 42380 |
| amount shown in division (F)(1) of this section. | 42381 |
| (2) Combustion turbines and stationary internal combustion | 42382 |
| engines designed to generate electricity | 42383 |
| Generating capacity (mega watts) | Permit to install | 42384 | |
| 0 or more, but less than 10 | $ 25 | 42385 | |
| 10 or more, but less than 25 | 150 | 42386 | |
| 25 or more, but less than 50 | 300 | 42387 | |
| 50 or more, but less than 100 | 500 | 42388 | |
| 100 or more, but less than 250 | 1000 | 42389 | |
| 250 or more | 2000 | 42390 |
| (3) Incinerators | 42391 |
| Input capacity (pounds per hour) | Permit to install | 42392 | |
| 0 to 100 | $ 100 | 42393 | |
| 101 to 500 | 500 | 42394 | |
| 501 to 2000 | 1000 | 42395 | |
| 2001 to 20,000 | 1500 | 42396 | |
| more than 20,000 | 3750 | 42397 |
| (4)(a) Process | 42398 |
| Process weight rate (pounds per hour) | Permit to install | 42399 | |
| 0 to 1000 | $ 200 | 42400 | |
| 1001 to 5000 | 500 | 42401 | |
| 5001 to 10,000 | 750 | 42402 | |
| 10,001 to 50,000 | 1000 | 42403 | |
| more than 50,000 | 1250 | 42404 |
| In any process where process weight rate cannot be | 42405 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 42406 |
| combustion turbine, stationary internal combustion engine, or | 42407 |
| process heater designed to provide direct heat or power to a | 42408 |
| process not designed to generate electricity shall be assessed a | 42409 |
| fee established in division (F)(4)(a) of this section. A | 42410 |
| combustion turbine or stationary internal combustion engine | 42411 |
| designed to generate electricity shall be assessed a fee | 42412 |
| established in division (F)(2) of this section. | 42413 |
| (b) Notwithstanding division (F)(4)(a) of this section, any | 42414 |
| person issued a permit to install pursuant to rules adopted under | 42415 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 42416 |
| fees set forth in division (F)(4)(c) of this section for a process | 42417 |
| used in any of the following industries, as identified by the | 42418 |
| applicable two-digit, three-digit, or four-digit standard | 42419 |
| industrial classification code according to the Standard | 42420 |
| Industrial Classification Manual published by the United States | 42421 |
| office of management and budget in the executive office of the | 42422 |
| president, 1987, as revised: | 42423 |
| Major group 10, metal mining; | 42424 |
| Major group 12, coal mining; | 42425 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 42426 |
| Industry group 204, grain mill products; | 42427 |
| 2873 Nitrogen fertilizers; | 42428 |
| 2874 Phosphatic fertilizers; | 42429 |
| 3281 Cut stone and stone products; | 42430 |
| 3295 Minerals and earth, ground or otherwise treated; | 42431 |
| 4221 Grain elevators (storage only); | 42432 |
| 5159 Farm related raw materials; | 42433 |
| 5261 Retail nurseries and lawn and garden supply stores. | 42434 |
| (c) The fees set forth in the following schedule apply to the | 42435 |
| issuance of a permit to install pursuant to rules adopted under | 42436 |
| division (F) of section 3704.03 of the Revised Code for a process | 42437 |
| identified in division (F)(4)(b) of this section: | 42438 |
| Process weight rate (pounds per hour) | Permit to install | 42439 | ||||
| 0 to 10,000 | $ 200 | 42440 | ||||
| 10,001 to 50,000 | 400 | 42441 | ||||
| 50,001 to 100,000 | 500 | 42442 | ||||
| 100,001 to 200,000 | 600 | 42443 | ||||
| 200,001 to 400,000 | 750 | 42444 | ||||
| 400,001 or more | 900 | 42445 |
| (5) Storage tanks | 42446 |
| Gallons (maximum useful capacity) | Permit to install | 42447 | ||||
| 0 to 20,000 | $ 100 | 42448 | ||||
| 20,001 to 40,000 | 150 | 42449 | ||||
| 40,001 to 100,000 | 250 | 42450 | ||||
| 100,001 to 500,000 | 400 | 42451 | ||||
| 500,001 or greater | 750 | 42452 |
| (6) Gasoline/fuel dispensing facilities | 42453 |
| For each gasoline/fuel | 42454 | |||||
| dispensing facility (includes all | Permit to install | 42455 | ||||
| units at the facility) | $ 100 | 42456 | ||||
| (7) Dry cleaning facilities | 42457 |
| For each dry cleaning | 42458 | |||||
| facility (includes all units | Permit to install | 42459 | ||||
| at the facility) | $ 100 | 42460 | ||||
| (8) Registration status | 42461 |
| For each source covered | Permit to install | 42462 | ||||
| by registration status | $ 75 | 42463 | ||||
| (G) An owner or operator who is responsible for an asbestos | 42464 |
| demolition or renovation project pursuant to rules adopted under | 42465 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 42466 |
| in the following schedule: | 42467 |
| Action | Fee | 42468 | ||||
| Each notification | $75 | 42469 | ||||
| Asbestos removal | $3/unit | 42470 | ||||
| Asbestos cleanup | $4/cubic yard | 42471 |
| For purposes of this division, "unit" means any combination of | 42472 |
| linear feet or square feet equal to fifty. | 42473 |
| (H) A person who is issued an extension of time for a permit | 42474 |
| to install an air contaminant source pursuant to rules adopted | 42475 |
| under division (F) of section 3704.03 of the Revised Code shall | 42476 |
| pay a fee equal to one-half the fee originally assessed for the | 42477 |
| permit to install under this section, except that the fee for such | 42478 |
| an extension shall not exceed two hundred dollars. | 42479 |
| (I) A person who is issued a modification to a permit to | 42480 |
| install an air contaminant source pursuant to rules adopted under | 42481 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 42482 |
| one-half of the fee that would be assessed under this section to | 42483 |
| obtain a permit to install the source. The fee assessed by this | 42484 |
| division only applies to modifications that are initiated by the | 42485 |
| owner or operator of the source and shall not exceed two thousand | 42486 |
| dollars. | 42487 |
| (J) Notwithstanding division | 42488 |
| person who applies for or obtains a permit to install pursuant to | 42489 |
| rules adopted under division (F) of section 3704.03 of the Revised | 42490 |
| Code after the date actual construction of the source began shall | 42491 |
| pay a fee for the permit to install that is equal to twice the fee | 42492 |
| that otherwise would be assessed under the applicable division | 42493 |
| unless the applicant received authorization to begin construction | 42494 |
| under division (W) of section 3704.03 of the Revised Code. This | 42495 |
| division only applies to sources for which actual construction of | 42496 |
| the source begins on or after July 1, 1993. The imposition or | 42497 |
| payment of the fee established in this division does not preclude | 42498 |
| the director from taking any administrative or judicial | 42499 |
| enforcement action under this chapter, Chapter 3704., 3714., | 42500 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 42501 |
| of them, in connection with a violation of rules adopted under | 42502 |
| division (F) of section 3704.03 of the Revised Code. | 42503 |
| As used in this division, "actual construction of the source" | 42504 |
| means the initiation of physical on-site construction activities | 42505 |
| in connection with improvements to the source that are permanent | 42506 |
| in nature, including, without limitation, the installation of | 42507 |
| building supports and foundations and the laying of underground | 42508 |
| pipework. | 42509 |
| (K) | 42510 |
| section shall be deposited in the state treasury to the credit of | 42511 |
| the Title V clean air fund created in section 3704.035 of the | 42512 |
| Revised Code. Annually, fifty cents per ton of each fee assessed | 42513 |
|
under division
| 42514 |
| source and received by the environmental protection agency | 42515 |
|
pursuant to that division shall be | 42516 |
| using an interstate transfer voucher to the state treasury to the | 42517 |
| credit of the small business assistance fund created in section | 42518 |
|
3706.19 of the Revised Code. | 42519 |
| addition, annually, the amount of money necessary for the | 42520 |
| operation of the office of ombudsperson as determined under | 42521 |
| division (B) of that section shall be transferred to the state | 42522 |
| treasury to the credit of the small business ombudsperson fund | 42523 |
| created by that section. | 42524 |
| (2) Money received by | 42525 |
| 42526 | |
| (G), (H), (I), and (J) of this section shall be deposited in the | 42527 |
| state treasury to the credit of the non-Title V clean air fund | 42528 |
| created in section 3704.035 of the Revised Code. | 42529 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 42530 |
| or (c) of this section, a person issued a water discharge permit | 42531 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 42532 |
| of the Revised Code shall pay a fee based on each point source to | 42533 |
| which the issuance is applicable in accordance with the following | 42534 |
| schedule: | 42535 |
| Design flow discharge (gallons per day) | Fee | 42536 | ||||
| 0 to 1000 | $ 0 | 42537 | ||||
| 1,001 to 5000 | 100 | 42538 | ||||
| 5,001 to 50,000 | 200 | 42539 | ||||
| 50,001 to 100,000 | 300 | 42540 | ||||
| 100,001 to 300,000 | 525 | 42541 | ||||
| over 300,000 | 750 | 42542 |
| (b) Notwithstanding the fee schedule specified in division | 42543 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 42544 |
| that is applicable to coal mining operations regulated under | 42545 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 42546 |
| dollars per mine. | 42547 |
| (c) Notwithstanding the fee schedule specified in division | 42548 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 42549 |
| for a public discharger identified by I in the third character of | 42550 |
| the permittee's NPDES permit number shall not exceed seven hundred | 42551 |
| fifty dollars. | 42552 |
| (2) A person applying for a plan approval for a wastewater | 42553 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 42554 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 42555 |
| sixty-five one-hundredths of one per cent of the estimated project | 42556 |
| cost through June 30, 2014, and one hundred dollars plus | 42557 |
| two-tenths of one per cent of the estimated project cost on and | 42558 |
| after July 1, 2014, except that the total fee shall not exceed | 42559 |
| fifteen thousand dollars through June 30, 2014, and five thousand | 42560 |
| dollars on and after July 1, 2014. The fee shall be paid at the | 42561 |
| time the application is submitted. | 42562 |
| (3) A person issued a modification of a water discharge | 42563 |
| permit shall pay a fee equal to one-half the fee that otherwise | 42564 |
| would be charged for a water discharge permit, except that the fee | 42565 |
| for the modification shall not exceed four hundred dollars. | 42566 |
| (4) A person who has entered into an agreement with the | 42567 |
| director under section 6111.14 of the Revised Code shall pay an | 42568 |
| administrative service fee for each plan submitted under that | 42569 |
| section for approval that shall not exceed the minimum amount | 42570 |
| necessary to pay administrative costs directly attributable to | 42571 |
| processing plan approvals. The director annually shall calculate | 42572 |
| the fee and shall notify all persons who have entered into | 42573 |
| agreements under that section, or who have applied for agreements, | 42574 |
| of the amount of the fee. | 42575 |
| (5)(a)(i) Not later than January 30, 2012, and January 30, | 42576 |
| 2013, a person holding an NPDES discharge permit issued pursuant | 42577 |
| to Chapter 6111. of the Revised Code with an average daily | 42578 |
| discharge flow of five thousand gallons or more shall pay a | 42579 |
| nonrefundable annual discharge fee. Any person who fails to pay | 42580 |
| the fee at that time shall pay an additional amount that equals | 42581 |
| ten per cent of the required annual discharge fee. | 42582 |
| (ii) The billing year for the annual discharge fee | 42583 |
| established in division (L)(5)(a)(i) of this section shall consist | 42584 |
| of a twelve-month period beginning on the first day of January of | 42585 |
| the year preceding the date when the annual discharge fee is due. | 42586 |
| In the case of an existing source that permanently ceases to | 42587 |
| discharge during a billing year, the director shall reduce the | 42588 |
| annual discharge fee, including the surcharge applicable to | 42589 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 42590 |
| this section, by one-twelfth for each full month during the | 42591 |
| billing year that the source was not discharging, but only if the | 42592 |
| person holding the NPDES discharge permit for the source notifies | 42593 |
| the director in writing, not later than the first day of October | 42594 |
| of the billing year, of the circumstances causing the cessation of | 42595 |
| discharge. | 42596 |
| (iii) The annual discharge fee established in division | 42597 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 42598 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 42599 |
| this section, shall be based upon the average daily discharge flow | 42600 |
| in gallons per day calculated using first day of May through | 42601 |
| thirty-first day of October flow data for the period two years | 42602 |
| prior to the date on which the fee is due. In the case of NPDES | 42603 |
| discharge permits for new sources, the fee shall be calculated | 42604 |
| using the average daily design flow of the facility until actual | 42605 |
| average daily discharge flow values are available for the time | 42606 |
| period specified in division (L)(5)(a)(iii) of this section. The | 42607 |
| annual discharge fee may be prorated for a new source as described | 42608 |
| in division (L)(5)(a)(ii) of this section. | 42609 |
| (b) An NPDES permit holder that is a public discharger shall | 42610 |
| pay the fee specified in the following schedule: | 42611 |
| Average daily | Fee due by | 42612 | ||||
| discharge flow | January 30, | 42613 | ||||
| 2012, and | 42614 | |||||
| January 30, 2013 | 42615 |
| 5,000 to 49,999 | $ 200 | 42616 | ||||
| 50,000 to 100,000 | 500 | 42617 | ||||
| 100,001 to 250,000 | 1,050 | 42618 | ||||
| 250,001 to 1,000,000 | 2,600 | 42619 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 42620 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 42621 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 42622 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 42623 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 42624 | ||||
| 100,000,001 or more | 62,100 | 42625 |
| Public dischargers owning or operating two or more publicly | 42626 |
| owned treatment works serving the same political subdivision, as | 42627 |
| "treatment works" is defined in section 6111.01 of the Revised | 42628 |
| Code, and that serve exclusively political subdivisions having a | 42629 |
| population of fewer than one hundred thousand shall pay an annual | 42630 |
| discharge fee under division (L)(5)(b) of this section that is | 42631 |
| based on the combined average daily discharge flow of the | 42632 |
| treatment works. | 42633 |
| (c) An NPDES permit holder that is an industrial discharger, | 42634 |
| other than a coal mining operator identified by P in the third | 42635 |
| character of the permittee's NPDES permit number, shall pay the | 42636 |
| fee specified in the following schedule: | 42637 |
| Average daily | Fee due by | 42638 | ||||
| discharge flow | January 30, | 42639 | ||||
| 2012, and | 42640 | |||||
| January 30, 2013 | 42641 |
| 5,000 to 49,999 | $ 250 | 42642 | ||||
| 50,000 to 250,000 | 1,200 | 42643 | ||||
| 250,001 to 1,000,000 | 2,950 | 42644 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 42645 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 42646 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 42647 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 42648 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 42649 | ||||
| 250,000,001 or more | 18,700 | 42650 |
| In addition to the fee specified in the above schedule, an | 42651 |
| NPDES permit holder that is an industrial discharger classified as | 42652 |
| a major discharger during all or part of the annual discharge fee | 42653 |
| billing year specified in division (L)(5)(a)(ii) of this section | 42654 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 42655 |
| hundred dollars not later than January 30, 2012, and not later | 42656 |
| than January 30, 2013. Any person who fails to pay the surcharge | 42657 |
| at that time shall pay an additional amount that equals ten per | 42658 |
| cent of the amount of the surcharge. | 42659 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 42660 |
| section, a public discharger identified by I in the third | 42661 |
| character of the permittee's NPDES permit number and an industrial | 42662 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 42663 |
| character of the permittee's NPDES permit number shall pay a | 42664 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 42665 |
| not later than January 30, 2012, and not later than January 30, | 42666 |
| 2013. Any person who fails to pay the fee at that time shall pay | 42667 |
| an additional amount that equals ten per cent of the required fee. | 42668 |
| (6) Each person obtaining a national pollutant discharge | 42669 |
| elimination system general or individual permit for municipal | 42670 |
| storm water discharge shall pay a nonrefundable storm water | 42671 |
| discharge fee of one hundred dollars per square mile of area | 42672 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 42673 |
| be payable on or before January 30, 2004, and the thirtieth day of | 42674 |
| January of each year thereafter. Any person who fails to pay the | 42675 |
| fee on the date specified in division (L)(6) of this section shall | 42676 |
| pay an additional amount per year equal to ten per cent of the | 42677 |
| annual fee that is unpaid. | 42678 |
| (7) The director shall transmit all moneys collected under | 42679 |
| division (L) of this section to the treasurer of state for deposit | 42680 |
| into the state treasury to the credit of the surface water | 42681 |
| protection fund created in section 6111.038 of the Revised Code. | 42682 |
| (8) As used in division (L) of this section: | 42683 |
| (a) "NPDES" means the federally approved national pollutant | 42684 |
| discharge elimination system program for issuing, modifying, | 42685 |
| revoking, reissuing, terminating, monitoring, and enforcing | 42686 |
| permits and imposing and enforcing pretreatment requirements under | 42687 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 42688 |
| (b) "Public discharger" means any holder of an NPDES permit | 42689 |
| identified by P in the second character of the NPDES permit number | 42690 |
| assigned by the director. | 42691 |
| (c) "Industrial discharger" means any holder of an NPDES | 42692 |
| permit identified by I in the second character of the NPDES permit | 42693 |
| number assigned by the director. | 42694 |
| (d) "Major discharger" means any holder of an NPDES permit | 42695 |
| classified as major by the regional administrator of the United | 42696 |
| States environmental protection agency in conjunction with the | 42697 |
| director. | 42698 |
| (M) Through June 30, 2014, a person applying for a license or | 42699 |
| license renewal to operate a public water system under section | 42700 |
| 6109.21 of the Revised Code shall pay the appropriate fee | 42701 |
| established under this division at the time of application to the | 42702 |
| director. Any person who fails to pay the fee at that time shall | 42703 |
| pay an additional amount that equals ten per cent of the required | 42704 |
| fee. The director shall transmit all moneys collected under this | 42705 |
| division to the treasurer of state for deposit into the drinking | 42706 |
| water protection fund created in section 6109.30 of the Revised | 42707 |
| Code. | 42708 |
| Except as provided in division (M)(4) of this section, fees | 42709 |
| required under this division shall be calculated and paid in | 42710 |
| accordance with the following schedule: | 42711 |
| (1) For the initial license required under | 42712 |
| section 6109.21 of the Revised Code for any public water system | 42713 |
| that is a community water system as defined in section 6109.01 of | 42714 |
| the Revised Code, and for each license renewal required for such a | 42715 |
| system prior to January 31, 2014, the fee is: | 42716 |
| Number of service connections | Fee amount | 42717 | |||
| Not more than 49 | $ 112 | 42718 | |||
| 50 to 99 | 176 | 42719 | |||
| Number of service connections | Average cost per connection | 42720 | ||||
| 100 to 2,499 | $ 1.92 | 42721 | ||||
| 2,500 to 4,999 | 1.48 | 42722 | ||||
| 5,000 to 7,499 | 1.42 | 42723 | ||||
| 7,500 to 9,999 | 1.34 | 42724 | ||||
| 10,000 to 14,999 | 1.16 | 42725 | ||||
| 15,000 to 24,999 | 1.10 | 42726 | ||||
| 25,000 to 49,999 | 1.04 | 42727 | ||||
| 50,000 to 99,999 | .92 | 42728 | ||||
| 100,000 to 149,999 | .86 | 42729 | ||||
| 150,000 to 199,999 | .80 | 42730 | ||||
| 200,000 or more | .76 | 42731 | ||||
| A public water system may determine how it will pay the total | 42732 |
| amount of the fee calculated under division (M)(1) of this | 42733 |
| section, including the assessment of additional user fees that may | 42734 |
| be assessed on a volumetric basis. | 42735 |
| As used in division (M)(1) of this section, "service | 42736 |
| connection" means the number of active or inactive pipes, | 42737 |
| goosenecks, pigtails, and any other fittings connecting a water | 42738 |
| main to any building outlet. | 42739 |
| (2) For the initial license required under | 42740 |
| section 6109.21 of the Revised Code for any public water system | 42741 |
| that is not a community water system and serves a nontransient | 42742 |
| population, and for each license renewal required for such a | 42743 |
| system prior to January 31, 2014, the fee is: | 42744 |
| Population served | Fee amount | 42745 | ||||
| Fewer than 150 | $ 112 | 42746 | ||||
| 150 to 299 | 176 | 42747 | ||||
| 300 to 749 | 384 | 42748 | ||||
| 750 to 1,499 | 628 | 42749 | ||||
| 1,500 to 2,999 | 1,268 | 42750 | ||||
| 3,000 to 7,499 | 2,816 | 42751 | ||||
| 7,500 to 14,999 | 5,510 | 42752 | ||||
| 15,000 to 22,499 | 9,048 | 42753 | ||||
| 22,500 to 29,999 | 12,430 | 42754 | ||||
| 30,000 or more | 16,820 | 42755 |
| As used in division (M)(2) of this section, "population | 42756 |
| served" means the total number of individuals having access to the | 42757 |
| water supply during a twenty-four-hour period for at least sixty | 42758 |
| days during any calendar year. In the absence of a specific | 42759 |
| population count, that number shall be calculated at the rate of | 42760 |
| three individuals per service connection. | 42761 |
| (3) For the initial license required under | 42762 |
| section 6109.21 of the Revised Code for any public water system | 42763 |
| that is not a community water system and serves a transient | 42764 |
| population, and for each license renewal required for such a | 42765 |
| system prior to January 31, 2014, the fee is: | 42766 |
| Number of wells or sources, other than surface water, supplying system | Fee amount | 42767 | ||||
| 1 | $112 | 42768 | ||||
| 2 | 112 | 42769 | ||||
| 3 | 176 | 42770 | ||||
| 4 | 278 | 42771 | ||||
| 5 | 568 | 42772 | ||||
| System designated as using a | 42773 | |||||
| surface water source | 792 | 42774 | ||||
| As used in division (M)(3) of this section, "number of wells | 42775 |
| or sources, other than surface water, supplying system" means | 42776 |
| those wells or sources that are physically connected to the | 42777 |
| plumbing system serving the public water system. | 42778 |
| (4) A public water system designated as using a surface water | 42779 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 42780 |
| amount calculated under division (M)(1) or (2) of this section, | 42781 |
| whichever is greater. | 42782 |
| (N)(1) A person applying for a plan approval for a public | 42783 |
| water supply system under section 6109.07 of the Revised Code | 42784 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 42785 |
| hundredths of one per cent of the estimated project cost, except | 42786 |
| that the total fee shall not exceed twenty thousand dollars | 42787 |
| through June 30, 2014, and fifteen thousand dollars on and after | 42788 |
| July 1, 2014. The fee shall be paid at the time the application is | 42789 |
| submitted. | 42790 |
| (2) A person who has entered into an agreement with the | 42791 |
| director under division (A)(2) of section 6109.07 of the Revised | 42792 |
| Code shall pay an administrative service fee for each plan | 42793 |
| submitted under that section for approval that shall not exceed | 42794 |
| the minimum amount necessary to pay administrative costs directly | 42795 |
| attributable to processing plan approvals. The director annually | 42796 |
| shall calculate the fee and shall notify all persons that have | 42797 |
| entered into agreements under that division, or who have applied | 42798 |
| for agreements, of the amount of the fee. | 42799 |
| (3) Through June 30, 2014, the following fee, on a per survey | 42800 |
| basis, shall be charged any person for services rendered by the | 42801 |
| state in the evaluation of laboratories and laboratory personnel | 42802 |
| for compliance with accepted analytical techniques and procedures | 42803 |
| established pursuant to Chapter 6109. of the Revised Code for | 42804 |
| determining the qualitative characteristics of water: | 42805 |
| microbiological | 42806 | ||||||
| MMO-MUG | $2,000 | 42807 | |||||
| MF | 2,100 | 42808 | |||||
| MMO-MUG and MF | 2,550 | 42809 | |||||
| organic chemical | 5,400 | 42810 | |||||
| trace metals | 5,400 | 42811 | |||||
| standard chemistry | 2,800 | 42812 | |||||
| limited chemistry | 1,550 | 42813 | |||||
| On and after July 1, 2014, the following fee, on a per survey | 42814 |
| basis, shall be charged any such person: | 42815 |
| microbiological | $ 1,650 | 42816 | ||||
| organic chemicals | 3,500 | 42817 | ||||
| trace metals | 3,500 | 42818 | ||||
| standard chemistry | 1,800 | 42819 | ||||
| limited chemistry | 1,000 | 42820 |
| The fee for those services shall be paid at the time the request | 42821 |
| for the survey is made. Through June 30, 2014, an individual | 42822 |
| laboratory shall not be assessed a fee under this division more | 42823 |
| than once in any three-year period unless the person requests the | 42824 |
| addition of analytical methods or analysts, in which case the | 42825 |
| person shall pay eighteen hundred dollars for each additional | 42826 |
| survey requested. | 42827 |
| As used in division (N)(3) of this section: | 42828 |
| (a) "MF" means microfiltration. | 42829 |
| (b) "MMO" means minimal medium ONPG. | 42830 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 42831 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 42832 |
| The director shall transmit all moneys collected under this | 42833 |
| division to the treasurer of state for deposit into the drinking | 42834 |
| water protection fund created in section 6109.30 of the Revised | 42835 |
| Code. | 42836 |
| (O) Any person applying to the director | 42837 |
| examination for certification as an operator of a water supply | 42838 |
| system or wastewater system under Chapter 6109. or 6111. of the | 42839 |
| Revised Code that is administered by the director, at the time the | 42840 |
|
application is submitted, shall pay | 42841 |
| 42842 | |
| 42843 | |
| 42844 | |
| 42845 | |
| following schedule through November 30, 2014: | 42846 |
| Class A operator | $ |
42847 | ||||
| Class I operator | |
42848 | ||||
| Class II operator |
|
42849 | ||||
| Class III operator | |
42850 | ||||
| Class IV operator | |
42851 |
| On and after December 1, 2014, the applicant shall pay a fee | 42852 |
| in accordance with the following schedule: | 42853 |
| Class A operator | $ |
42854 | ||||
| Class I operator | 42855 | |||||
| Class II operator |
|
42856 | ||||
| Class III operator | |
42857 | ||||
| Class IV operator | |
42858 |
| Any person applying to the director for certification as an | 42859 |
| operator of a water supply system or wastewater system who has | 42860 |
| passed an examination administered by an examination provider | 42861 |
| approved by the director shall pay a certification fee of | 42862 |
| forty-five dollars. | 42863 |
| A person shall pay a biennial certification renewal fee for | 42864 |
| each applicable class of certification in accordance with the | 42865 |
| following schedule: | 42866 |
| Class A operator | $25 | 42867 | ||||
| Class I operator | 35 | 42868 | ||||
| Class II operator | 45 | 42869 | ||||
| Class III operator | 55 | 42870 | ||||
| Class IV operator | 65 | 42871 |
| If a certification renewal fee is received by the director | 42872 |
| more than thirty days, but not more than one year after the | 42873 |
| expiration date of the certification, the person shall pay a | 42874 |
| certification renewal fee in accordance with the following | 42875 |
| schedule: | 42876 |
| Class A operator | $45 | 42877 | ||||
| Class I operator | 55 | 42878 | ||||
| Class II operator | 65 | 42879 | ||||
| Class III operator | 75 | 42880 | ||||
| Class IV operator | 85 | 42881 |
| A person who requests a replacement certificate shall pay a | 42882 |
| fee of twenty-five dollars at the time the request is made. | 42883 |
| Any person applying to be a water supply system or wastewater | 42884 |
| treatment system examination provider shall pay an application fee | 42885 |
| of five hundred dollars. Any person approved by the director as a | 42886 |
| water supply system or wastewater treatment system examination | 42887 |
| provider shall pay an annual fee that is equal to ten per cent of | 42888 |
| the fees that the provider assesses and collects for administering | 42889 |
| water supply system or wastewater treatment system certification | 42890 |
| examinations in this state for the calendar year. The fee shall be | 42891 |
| paid not later than forty-five days after the end of a calendar | 42892 |
| year. | 42893 |
| The director shall transmit all moneys collected under this | 42894 |
| division to the treasurer of state for deposit into the drinking | 42895 |
| water protection fund created in section 6109.30 of the Revised | 42896 |
| Code. | 42897 |
| (P) Any person submitting an application for an industrial | 42898 |
| water pollution control certificate under section 6111.31 of the | 42899 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 42900 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 42901 |
| five hundred dollars at the time the application is submitted. The | 42902 |
| director shall transmit all moneys collected under this division | 42903 |
| to the treasurer of state for deposit into the surface water | 42904 |
| protection fund created in section 6111.038 of the Revised Code. A | 42905 |
| person paying a certificate fee under this division shall not pay | 42906 |
| an application fee under division (S)(1) of this section. On and | 42907 |
| after June 26, 2003, persons shall file such applications and pay | 42908 |
| the fee as required under sections 5709.20 to 5709.27 of the | 42909 |
| Revised Code, and proceeds from the fee shall be credited as | 42910 |
| provided in section 5709.212 of the Revised Code. | 42911 |
| (Q) Except as otherwise provided in division (R) of this | 42912 |
| section, a person issued a permit by the director for a new solid | 42913 |
| waste disposal facility other than an incineration or composting | 42914 |
| facility, a new infectious waste treatment facility other than an | 42915 |
| incineration facility, or a modification of such an existing | 42916 |
| facility that includes an increase in the total disposal or | 42917 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 42918 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 42919 |
| yards of disposal or treatment capacity, or one thousand dollars, | 42920 |
| whichever is greater, except that the total fee for any such | 42921 |
| permit shall not exceed eighty thousand dollars. A person issued a | 42922 |
| modification of a permit for a solid waste disposal facility or an | 42923 |
| infectious waste treatment facility that does not involve an | 42924 |
| increase in the total disposal or treatment capacity of the | 42925 |
| facility shall pay a fee of one thousand dollars. A person issued | 42926 |
| a permit to install a new, or modify an existing, solid waste | 42927 |
| transfer facility under that chapter shall pay a fee of two | 42928 |
| thousand five hundred dollars. A person issued a permit to install | 42929 |
| a new or to modify an existing solid waste incineration or | 42930 |
| composting facility, or an existing infectious waste treatment | 42931 |
| facility using incineration as its principal method of treatment, | 42932 |
| under that chapter shall pay a fee of one thousand dollars. The | 42933 |
| increases in the permit fees under this division resulting from | 42934 |
| the amendments made by Amended Substitute House Bill 592 of the | 42935 |
| 117th general assembly do not apply to any person who submitted an | 42936 |
| application for a permit to install a new, or modify an existing, | 42937 |
| solid waste disposal facility under that chapter prior to | 42938 |
| September 1, 1987; any such person shall pay the permit fee | 42939 |
| established in this division as it existed prior to June 24, 1988. | 42940 |
| In addition to the applicable permit fee under this division, a | 42941 |
| person issued a permit to install or modify a solid waste facility | 42942 |
| or an infectious waste treatment facility under that chapter who | 42943 |
| fails to pay the permit fee to the director in compliance with | 42944 |
| division (V) of this section shall pay an additional ten per cent | 42945 |
| of the amount of the fee for each week that the permit fee is | 42946 |
| late. | 42947 |
| Permit and late payment fees paid to the director under this | 42948 |
| division shall be credited to the general revenue fund. | 42949 |
| (R)(1) A person issued a registration certificate for a scrap | 42950 |
| tire collection facility under section 3734.75 of the Revised Code | 42951 |
| shall pay a fee of two hundred dollars, except that if the | 42952 |
| facility is owned or operated by a motor vehicle salvage dealer | 42953 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 42954 |
| pay a fee of twenty-five dollars. | 42955 |
| (2) A person issued a registration certificate for a new | 42956 |
| scrap tire storage facility under section 3734.76 of the Revised | 42957 |
| Code shall pay a fee of three hundred dollars, except that if the | 42958 |
| facility is owned or operated by a motor vehicle salvage dealer | 42959 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 42960 |
| pay a fee of twenty-five dollars. | 42961 |
| (3) A person issued a permit for a scrap tire storage | 42962 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 42963 |
| of one thousand dollars, except that if the facility is owned or | 42964 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 42965 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 42966 |
| dollars. | 42967 |
| (4) A person issued a permit for a scrap tire monocell or | 42968 |
| monofill facility under section 3734.77 of the Revised Code shall | 42969 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 42970 |
| capacity or one thousand dollars, whichever is greater, except | 42971 |
| that the total fee for any such permit shall not exceed eighty | 42972 |
| thousand dollars. | 42973 |
| (5) A person issued a registration certificate for a scrap | 42974 |
| tire recovery facility under section 3734.78 of the Revised Code | 42975 |
| shall pay a fee of one hundred dollars. | 42976 |
| (6) A person issued a permit for a scrap tire recovery | 42977 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 42978 |
| of one thousand dollars. | 42979 |
| (7) In addition to the applicable registration certificate or | 42980 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 42981 |
| issued a registration certificate or permit for any such scrap | 42982 |
| tire facility who fails to pay the registration certificate or | 42983 |
| permit fee to the director in compliance with division (V) of this | 42984 |
| section shall pay an additional ten per cent of the amount of the | 42985 |
| fee for each week that the fee is late. | 42986 |
| (8) The registration certificate, permit, and late payment | 42987 |
| fees paid to the director under divisions (R)(1) to (7) of this | 42988 |
| section shall be credited to the scrap tire management fund | 42989 |
| created in section 3734.82 of the Revised Code. | 42990 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 42991 |
| (P), and (S)(2) of this section, division (A)(2) of section | 42992 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 42993 |
| and rules adopted under division (T)(1) of this section, any | 42994 |
| person applying for a registration certificate under section | 42995 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 42996 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 42997 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 42998 |
| application is submitted. | 42999 |
| Except as otherwise provided, any person applying for a | 43000 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 43001 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 43002 |
| dollars at the time the application is submitted through June 30, | 43003 |
| 2014, and a nonrefundable fee of fifteen dollars at the time the | 43004 |
| application is submitted on and after July 1, 2014. Except as | 43005 |
| provided in division (S)(3) of this section, through June 30, | 43006 |
| 2014, any person applying for a national pollutant discharge | 43007 |
| elimination system permit under Chapter 6111. of the Revised Code | 43008 |
| shall pay a nonrefundable fee of two hundred dollars at the time | 43009 |
| of application for the permit. On and after July 1, 2014, such a | 43010 |
| person shall pay a nonrefundable fee of fifteen dollars at the | 43011 |
| time of application. | 43012 |
| In addition to the application fee established under division | 43013 |
| (S)(1) of this section, any person applying for a national | 43014 |
| pollutant discharge elimination system general storm water | 43015 |
| construction permit shall pay a nonrefundable fee of twenty | 43016 |
| dollars per acre for each acre that is permitted above five acres | 43017 |
| at the time the application is submitted. However, the per acreage | 43018 |
| fee shall not exceed three hundred dollars. In addition, any | 43019 |
| person applying for a national pollutant discharge elimination | 43020 |
| system general storm water industrial permit shall pay a | 43021 |
| nonrefundable fee of one hundred fifty dollars at the time the | 43022 |
| application is submitted. | 43023 |
| The director shall transmit all moneys collected under | 43024 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 43025 |
| Revised Code to the treasurer of state for deposit into the | 43026 |
| drinking water protection fund created in section 6109.30 of the | 43027 |
| Revised Code. | 43028 |
| The director shall transmit all moneys collected under | 43029 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 43030 |
| Revised Code and under division (S)(3) of this section to the | 43031 |
| treasurer of state for deposit into the surface water protection | 43032 |
| fund created in section 6111.038 of the Revised Code. | 43033 |
| If a registration certificate is issued under section | 43034 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 43035 |
| the application fee paid shall be deducted from the amount of the | 43036 |
| registration certificate fee due under division (R)(1), (2), or | 43037 |
| (5) of this section, as applicable. | 43038 |
| If a person submits an electronic application for a | 43039 |
| registration certificate, permit, variance, or plan approval for | 43040 |
| which an application fee is established under division (S)(1) of | 43041 |
| this section, the person shall pay the applicable application fee | 43042 |
| as expeditiously as possible after the submission of the | 43043 |
| electronic application. An application for a registration | 43044 |
| certificate, permit, variance, or plan approval for which an | 43045 |
| application fee is established under division (S)(1) of this | 43046 |
| section shall not be reviewed or processed until the applicable | 43047 |
| application fee, and any other fees established under this | 43048 |
| division, are paid. | 43049 |
| (2) Division (S)(1) of this section does not apply to an | 43050 |
| application for a registration certificate for a scrap tire | 43051 |
| collection or storage facility submitted under section 3734.75 or | 43052 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 43053 |
| operator of the facility or proposed facility is a motor vehicle | 43054 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 43055 |
| (3) A person applying for coverage under a national pollutant | 43056 |
| discharge elimination system general discharge permit for | 43057 |
| household sewage treatment systems shall pay the following fees: | 43058 |
| (a) A nonrefundable fee of two hundred dollars at the time of | 43059 |
| application for initial permit coverage; | 43060 |
| (b) A nonrefundable fee of one hundred dollars at the time of | 43061 |
| application for a renewal of permit coverage. | 43062 |
| (T) The director may adopt, amend, and rescind rules in | 43063 |
| accordance with Chapter 119. of the Revised Code that do all of | 43064 |
| the following: | 43065 |
| (1) Prescribe fees to be paid by applicants for and holders | 43066 |
| of any license, permit, variance, plan approval, or certification | 43067 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 43068 |
| the Revised Code that are not specifically established in this | 43069 |
| section. The fees shall be designed to defray the cost of | 43070 |
| processing, issuing, revoking, modifying, denying, and enforcing | 43071 |
| the licenses, permits, variances, plan approvals, and | 43072 |
| certifications. | 43073 |
| The director shall transmit all moneys collected under rules | 43074 |
| adopted under division (T)(1) of this section pursuant to Chapter | 43075 |
| 6109. of the Revised Code to the treasurer of state for deposit | 43076 |
| into the drinking water protection fund created in section 6109.30 | 43077 |
| of the Revised Code. | 43078 |
| The director shall transmit all moneys collected under rules | 43079 |
| adopted under division (T)(1) of this section pursuant to Chapter | 43080 |
| 6111. of the Revised Code to the treasurer of state for deposit | 43081 |
| into the surface water protection fund created in section 6111.038 | 43082 |
| of the Revised Code. | 43083 |
| (2) Exempt the state and political subdivisions thereof, | 43084 |
| including education facilities or medical facilities owned by the | 43085 |
| state or a political subdivision, or any person exempted from | 43086 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 43087 |
| any fee required by this section; | 43088 |
| (3) Provide for the waiver of any fee, or any part thereof, | 43089 |
| otherwise required by this section whenever the director | 43090 |
| determines that the imposition of the fee would constitute an | 43091 |
| unreasonable cost of doing business for any applicant, class of | 43092 |
| applicants, or other person subject to the fee; | 43093 |
| (4) Prescribe measures that the director considers necessary | 43094 |
| to carry out this section. | 43095 |
| (U) When the director reasonably demonstrates that the direct | 43096 |
| cost to the state associated with the issuance of a permit to | 43097 |
| install, license, variance, plan approval, or certification | 43098 |
| exceeds the fee for the issuance or review specified by this | 43099 |
| section, the director may condition the issuance or review on the | 43100 |
| payment by the person receiving the issuance or review of, in | 43101 |
| addition to the fee specified by this section, the amount, or any | 43102 |
| portion thereof, in excess of the fee specified under this | 43103 |
| section. The director shall not so condition issuances for which | 43104 |
| 43105 | |
| (L)(1)(b) of this section. | 43106 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 43107 |
| section or unless otherwise prescribed by a rule of the director | 43108 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 43109 |
| required by this section are payable within thirty days after the | 43110 |
| issuance of an invoice for the fee by the director or the | 43111 |
| effective date of the issuance of the license, permit, variance, | 43112 |
| plan approval, or certification. If payment is late, the person | 43113 |
| responsible for payment of the fee shall pay an additional ten per | 43114 |
| cent of the amount due for each month that it is late. | 43115 |
| (W) As used in this section, "fuel-burning equipment," | 43116 |
| "fuel-burning equipment input capacity," "incinerator," | 43117 |
| "incinerator input capacity," "process," "process weight rate," | 43118 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 43119 |
| facility," "design flow discharge," and "new source treatment | 43120 |
| works" have the meanings ascribed to those terms by applicable | 43121 |
| rules or standards adopted by the director under Chapter 3704. or | 43122 |
| 6111. of the Revised Code. | 43123 |
| (X) As used in divisions (B), | 43124 |
| and (J) of this section, and in any other provision of this | 43125 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 43126 |
| Revised Code: | 43127 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 43128 |
| V permit" have the same meanings as in section 3704.01 of the | 43129 |
| Revised Code. | 43130 |
| (2) "Title V permit program" means the following activities | 43131 |
| as necessary to meet the requirements of Title V of the federal | 43132 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 43133 |
| (a) Preparing and adopting, if applicable, generally | 43134 |
| applicable rules or guidance regarding the permit program or its | 43135 |
| implementation or enforcement; | 43136 |
| (b) Reviewing and acting on any application for a Title V | 43137 |
| permit, permit revision, or permit renewal, including the | 43138 |
| development of an applicable requirement as part of the processing | 43139 |
| of a permit, permit revision, or permit renewal; | 43140 |
| (c) Administering the permit program, including the | 43141 |
| supporting and tracking of permit applications, compliance | 43142 |
| certification, and related data entry; | 43143 |
| (d) Determining which sources are subject to the program and | 43144 |
| implementing and enforcing the terms of any Title V permit, not | 43145 |
| including any court actions or other formal enforcement actions; | 43146 |
| (e) Emission and ambient monitoring; | 43147 |
| (f) Modeling, analyses, or demonstrations; | 43148 |
| (g) Preparing inventories and tracking emissions; | 43149 |
| (h) Providing direct and indirect support to small business | 43150 |
| stationary sources to determine and meet their obligations under | 43151 |
| the federal Clean Air Act pursuant to the small business | 43152 |
| stationary source technical and environmental compliance | 43153 |
| assistance program required by section 507 of that act and | 43154 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 43155 |
| Revised Code. | 43156 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 43157 |
| of this section, each sewage sludge facility shall pay a | 43158 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 43159 |
| cents per dry ton of sewage sludge, including the dry tons of | 43160 |
| sewage sludge in materials derived from sewage sludge, that the | 43161 |
| sewage sludge facility treats or disposes of in this state. The | 43162 |
| annual volume of sewage sludge treated or disposed of by a sewage | 43163 |
| sludge facility shall be calculated using the first day of January | 43164 |
| through the thirty-first day of December of the calendar year | 43165 |
| preceding the date on which payment of the fee is due. | 43166 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 43167 |
| section, each sewage sludge facility shall pay a minimum annual | 43168 |
| sewage sludge fee of one hundred dollars. | 43169 |
| (b) The annual sludge fee required to be paid by a sewage | 43170 |
| sludge facility that treats or disposes of exceptional quality | 43171 |
| sludge in this state shall be thirty-five per cent less per dry | 43172 |
| ton of exceptional quality sludge than the fee assessed under | 43173 |
| division (Y)(1) of this section, subject to the following | 43174 |
| exceptions: | 43175 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 43176 |
| a sewage sludge facility that treats or disposes of exceptional | 43177 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 43178 |
| hundred dollars. | 43179 |
| (ii) A sewage sludge facility that treats or disposes of | 43180 |
| exceptional quality sludge shall not be required to pay the annual | 43181 |
| sludge fee for treatment or disposal in this state of exceptional | 43182 |
| quality sludge generated outside of this state and contained in | 43183 |
| bags or other containers not greater than one hundred pounds in | 43184 |
| capacity. | 43185 |
| A thirty-five per cent reduction for exceptional quality | 43186 |
| sludge applies to the maximum annual fees established under | 43187 |
| division (Y)(3) of this section. | 43188 |
| (c) A sewage sludge facility that transfers sewage sludge to | 43189 |
| another sewage sludge facility in this state for further treatment | 43190 |
| prior to disposal in this state shall not be required to pay the | 43191 |
| annual sludge fee for the tons of sewage sludge that have been | 43192 |
| transferred. In such a case, the sewage sludge facility that | 43193 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 43194 |
| However, the facility transferring the sewage sludge shall pay the | 43195 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 43196 |
| of this section. | 43197 |
| In the case of a sewage sludge facility that treats sewage | 43198 |
| sludge in this state and transfers it out of this state to another | 43199 |
| entity for disposal, the sewage sludge facility in this state | 43200 |
| shall be required to pay the annual sludge fee for the tons of | 43201 |
| sewage sludge that have been transferred. | 43202 |
| (d) A sewage sludge facility that generates sewage sludge | 43203 |
| resulting from an average daily discharge flow of less than five | 43204 |
| thousand gallons per day is not subject to the fees assessed under | 43205 |
| division (Y) of this section. | 43206 |
| (3) No sewage sludge facility required to pay the annual | 43207 |
| sludge fee shall be required to pay more than the maximum annual | 43208 |
| fee for each disposal method that the sewage sludge facility uses. | 43209 |
| The maximum annual fee does not include the additional amount that | 43210 |
| may be charged under division (Y)(5) of this section for late | 43211 |
| payment of the annual sludge fee. The maximum annual fee for the | 43212 |
| following methods of disposal of sewage sludge is as follows: | 43213 |
| (a) Incineration: five thousand dollars; | 43214 |
| (b) Preexisting land reclamation project or disposal in a | 43215 |
| landfill: five thousand dollars; | 43216 |
| (c) Land application, land reclamation, surface disposal, or | 43217 |
| any other disposal method not specified in division (Y)(3)(a) or | 43218 |
| (b) of this section: twenty thousand dollars. | 43219 |
| (4)(a) In the case of an entity that generates sewage sludge | 43220 |
| or a sewage sludge facility that treats sewage sludge and | 43221 |
| transfers the sewage sludge to an incineration facility for | 43222 |
| disposal, the incineration facility, and not the entity generating | 43223 |
| the sewage sludge or the sewage sludge facility treating the | 43224 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 43225 |
| sewage sludge that are transferred. However, the entity or | 43226 |
| facility generating or treating the sewage sludge shall pay the | 43227 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 43228 |
| of this section. | 43229 |
| (b) In the case of an entity that generates sewage sludge and | 43230 |
| transfers the sewage sludge to a landfill for disposal or to a | 43231 |
| sewage sludge facility for land reclamation or surface disposal, | 43232 |
| the entity generating the sewage sludge, and not the landfill or | 43233 |
| sewage sludge facility, shall pay the annual sludge fee for the | 43234 |
| tons of sewage sludge that are transferred. | 43235 |
| (5) Not later than the first day of April of the calendar | 43236 |
| year following March 17, 2000, and each first day of April | 43237 |
| thereafter, the director shall issue invoices to persons who are | 43238 |
| required to pay the annual sludge fee. The invoice shall identify | 43239 |
| the nature and amount of the annual sludge fee assessed and state | 43240 |
| the first day of May as the deadline for receipt by the director | 43241 |
| of objections regarding the amount of the fee and the first day of | 43242 |
| July as the deadline for payment of the fee. | 43243 |
| Not later than the first day of May following receipt of an | 43244 |
| invoice, a person required to pay the annual sludge fee may submit | 43245 |
| objections to the director concerning the accuracy of information | 43246 |
| regarding the number of dry tons of sewage sludge used to | 43247 |
| calculate the amount of the annual sludge fee or regarding whether | 43248 |
| the sewage sludge qualifies for the exceptional quality sludge | 43249 |
| discount established in division (Y)(2)(b) of this section. The | 43250 |
| director may consider the objections and adjust the amount of the | 43251 |
| fee to ensure that it is accurate. | 43252 |
| If the director does not adjust the amount of the annual | 43253 |
| sludge fee in response to a person's objections, the person may | 43254 |
| appeal the director's determination in accordance with Chapter | 43255 |
| 119. of the Revised Code. | 43256 |
| Not later than the first day of June, the director shall | 43257 |
| notify the objecting person regarding whether the director has | 43258 |
| found the objections to be valid and the reasons for the finding. | 43259 |
| If the director finds the objections to be valid and adjusts the | 43260 |
| amount of the annual sludge fee accordingly, the director shall | 43261 |
| issue with the notification a new invoice to the person | 43262 |
| identifying the amount of the annual sludge fee assessed and | 43263 |
| stating the first day of July as the deadline for payment. | 43264 |
| Not later than the first day of July, any person who is | 43265 |
| required to do so shall pay the annual sludge fee. Any person who | 43266 |
| is required to pay the fee, but who fails to do so on or before | 43267 |
| that date shall pay an additional amount that equals ten per cent | 43268 |
| of the required annual sludge fee. | 43269 |
| (6) The director shall transmit all moneys collected under | 43270 |
| division (Y) of this section to the treasurer of state for deposit | 43271 |
| into the surface water protection fund created in section 6111.038 | 43272 |
| of the Revised Code. The moneys shall be used to defray the costs | 43273 |
| of administering and enforcing provisions in Chapter 6111. of the | 43274 |
| Revised Code and rules adopted under it that govern the use, | 43275 |
| storage, treatment, or disposal of sewage sludge. | 43276 |
| (7) Beginning in fiscal year 2001, and every two years | 43277 |
| thereafter, the director shall review the total amount of moneys | 43278 |
| generated by the annual sludge fees to determine if that amount | 43279 |
| exceeded six hundred thousand dollars in either of the two | 43280 |
| preceding fiscal years. If the total amount of moneys in the fund | 43281 |
| exceeded six hundred thousand dollars in either fiscal year, the | 43282 |
| director, after review of the fee structure and consultation with | 43283 |
| affected persons, shall issue an order reducing the amount of the | 43284 |
| fees levied under division (Y) of this section so that the | 43285 |
| estimated amount of moneys resulting from the fees will not exceed | 43286 |
| six hundred thousand dollars in any fiscal year. | 43287 |
| If, upon review of the fees under division (Y)(7) of this | 43288 |
| section and after the fees have been reduced, the director | 43289 |
| determines that the total amount of moneys collected and | 43290 |
| accumulated is less than six hundred thousand dollars, the | 43291 |
| director, after review of the fee structure and consultation with | 43292 |
| affected persons, may issue an order increasing the amount of the | 43293 |
| fees levied under division (Y) of this section so that the | 43294 |
| estimated amount of moneys resulting from the fees will be | 43295 |
| approximately six hundred thousand dollars. Fees shall never be | 43296 |
| increased to an amount exceeding the amount specified in division | 43297 |
| (Y)(7) of this section. | 43298 |
| Notwithstanding section 119.06 of the Revised Code, the | 43299 |
| director may issue an order under division (Y)(7) of this section | 43300 |
| without the necessity to hold an adjudicatory hearing in | 43301 |
| connection with the order. The issuance of an order under this | 43302 |
| division is not an act or action for purposes of section 3745.04 | 43303 |
| of the Revised Code. | 43304 |
| (8) As used in division (Y) of this section: | 43305 |
| (a) "Sewage sludge facility" means an entity that performs | 43306 |
| treatment on or is responsible for the disposal of sewage sludge. | 43307 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 43308 |
| residue generated during the treatment of domestic sewage in a | 43309 |
| treatment works as defined in section 6111.01 of the Revised Code. | 43310 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 43311 |
| removed in primary, secondary, or advanced wastewater treatment | 43312 |
| processes. "Sewage sludge" does not include ash generated during | 43313 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 43314 |
| and screenings generated during preliminary treatment of domestic | 43315 |
| sewage in a treatment works, animal manure, residue generated | 43316 |
| during treatment of animal manure, or domestic septage. | 43317 |
| (c) "Exceptional quality sludge" means sewage sludge that | 43318 |
| meets all of the following qualifications: | 43319 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 43320 |
| 503.32(a); | 43321 |
| (ii) Satisfies one of the vector attraction reduction | 43322 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 43323 |
| (iii) Does not exceed the ceiling concentration limitations | 43324 |
| for metals listed in table one of 40 C.F.R. 503.13; | 43325 |
| (iv) Does not exceed the concentration limitations for metals | 43326 |
| listed in table three of 40 C.F.R. 503.13. | 43327 |
| (d) "Treatment" means the preparation of sewage sludge for | 43328 |
| final use or disposal and includes, but is not limited to, | 43329 |
| thickening, stabilization, and dewatering of sewage sludge. | 43330 |
| (e) "Disposal" means the final use of sewage sludge, | 43331 |
| including, but not limited to, land application, land reclamation, | 43332 |
| surface disposal, or disposal in a landfill or an incinerator. | 43333 |
| (f) "Land application" means the spraying or spreading of | 43334 |
| sewage sludge onto the land surface, the injection of sewage | 43335 |
| sludge below the land surface, or the incorporation of sewage | 43336 |
| sludge into the soil for the purposes of conditioning the soil or | 43337 |
| fertilizing crops or vegetation grown in the soil. | 43338 |
| (g) "Land reclamation" means the returning of disturbed land | 43339 |
| to productive use. | 43340 |
| (h) "Surface disposal" means the placement of sludge on an | 43341 |
| area of land for disposal, including, but not limited to, | 43342 |
| monofills, surface impoundments, lagoons, waste piles, or | 43343 |
| dedicated disposal sites. | 43344 |
| (i) "Incinerator" means an entity that disposes of sewage | 43345 |
| sludge through the combustion of organic matter and inorganic | 43346 |
| matter in sewage sludge by high temperatures in an enclosed | 43347 |
| device. | 43348 |
| (j) "Incineration facility" includes all incinerators owned | 43349 |
| or operated by the same entity and located on a contiguous tract | 43350 |
| of land. Areas of land are considered to be contiguous even if | 43351 |
| they are separated by a public road or highway. | 43352 |
| (k) "Annual sludge fee" means the fee assessed under division | 43353 |
| (Y)(1) of this section. | 43354 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 43355 |
| in rules adopted under section 3734.02 of the Revised Code, that | 43356 |
| is licensed under section 3734.05 of the Revised Code. | 43357 |
| (m) "Preexisting land reclamation project" means a | 43358 |
| property-specific land reclamation project that has been in | 43359 |
| continuous operation for not less than five years pursuant to | 43360 |
| approval of the activity by the director and includes the | 43361 |
| implementation of a community outreach program concerning the | 43362 |
| activity. | 43363 |
| Sec. 3745.112. During the month of August 1997, and | 43364 |
| biennially thereafter, the director of environmental protection | 43365 |
| shall enter into a contract for the performance of an independent | 43366 |
| evaluation of the Title V permit program to be conducted under the | 43367 |
| supervision of an independent certified public accountant. The | 43368 |
| evaluation shall review the finances, operations, revenues, costs, | 43369 |
| and expenditures of the Title V permit program under section | 43370 |
| 3704.036 of the Revised Code and the Title V clean air fund | 43371 |
| created in section 3704.035 of the Revised Code. The findings of | 43372 |
| each such evaluation shall be set forth in a written report that | 43373 |
| shall include, without limitation, all of the following: | 43374 |
| (A) A review and analysis of all expenditures from the Title | 43375 |
| V clean air fund for the Title V permit program; | 43376 |
| (B) A review and analysis of all costs incurred by the | 43377 |
| environmental protection agency designated by the director to be | 43378 |
| costs of the Title V permit program; | 43379 |
| (C) A review and analysis of all expenditures from the Title | 43380 |
| V clean air fund for costs not designated by the director as costs | 43381 |
| of the Title V permit program; | 43382 |
| (D) A review and analysis of the adequacy of the fees | 43383 |
|
assessed under division | 43384 |
| costs of the Title V permit program during the period reviewed by | 43385 |
| the evaluation. | 43386 |
| Upon completion of the written report of each evaluation | 43387 |
| required by this section, the director shall provide copies of the | 43388 |
| report to the governor and the general assembly and shall make | 43389 |
| copies of it available to the public. | 43390 |
| The reasonable and necessary expenses for conducting an | 43391 |
| evaluation required under this section are hereby deemed to be | 43392 |
| reasonable costs to administer the Title V permit program and | 43393 |
| shall be paid from moneys credited to the Title V clean air fund | 43394 |
|
arising from the fees assessed under division | 43395 |
| 3745.11 of the Revised Code. | 43396 |
| Sec. 3748.04. The | 43397 |
| accordance with Chapter 119. of the Revised Code, shall adopt and | 43398 |
| may amend or rescind rules doing all of the following: | 43399 |
| (A) Listing types of radioactive material for which licensure | 43400 |
| by its handler is required and types of radiation-generating | 43401 |
| equipment for which registration by its handler is required, and | 43402 |
| establishing requirements governing them. Rules adopted under | 43403 |
| division (A) of this section shall be compatible with applicable | 43404 |
| federal regulations and shall establish all of the following, | 43405 |
| without limitation: | 43406 |
| (1) Requirements governing both of the following: | 43407 |
| (a) The licensing and inspection of handlers of radioactive | 43408 |
| material. Standards established in rules adopted under division | 43409 |
| (A)(1)(a) of this section regarding byproduct material or any | 43410 |
| activity that results in the production of that material, to the | 43411 |
| extent practicable, shall be equivalent to or more stringent than | 43412 |
| applicable standards established by the United States nuclear | 43413 |
| regulatory commission. | 43414 |
| (b) The registration and inspection of handlers of | 43415 |
| radiation-generating equipment. Standards established in rules | 43416 |
| adopted under division (A)(1)(b) of this section, to the extent | 43417 |
| practicable, shall be equivalent to applicable standards | 43418 |
| established by the food and drug administration in the United | 43419 |
| States department of health and human services. | 43420 |
| (2) Identification of and requirements governing possession | 43421 |
| and use of specifically licensed and generally licensed quantities | 43422 |
| of radioactive material as either sealed sources or unsealed | 43423 |
| sources; | 43424 |
| (3) A procedure for the issuance of and the frequency of | 43425 |
| renewal of the licenses of handlers of radioactive material, other | 43426 |
| than a license for a facility for the disposal of low-level | 43427 |
| radioactive waste, and of the certificates of registration of | 43428 |
| handlers of radiation-generating equipment; | 43429 |
| (4) Procedures for suspending and revoking the licenses of | 43430 |
| handlers of radioactive material and the certificates of | 43431 |
| registration of handlers of radiation-generating equipment; | 43432 |
| (5) Criteria to be used by the director of health in amending | 43433 |
| the license of a handler of radioactive material or the | 43434 |
| certificate of registration of a handler of radiation-generating | 43435 |
| equipment subsequent to its issuance; | 43436 |
| (6) Criteria for achieving and maintaining compliance with | 43437 |
| this chapter and rules adopted under it by licensees and | 43438 |
| registrants; | 43439 |
| (7) Criteria governing environmental monitoring of licensed | 43440 |
| and registered activities to assess compliance with this chapter | 43441 |
| and rules adopted under it; | 43442 |
| (8) Fees for both of the following: | 43443 |
| (a) The licensing of handlers, other than facilities for the | 43444 |
| disposal of low-level radioactive waste, of radioactive material; | 43445 |
| (b) The registration of handlers, other than facilities that | 43446 |
| are, or are operated by, medical practitioners or | 43447 |
| medical-practitioner groups, of radiation-generating equipment. | 43448 |
| (9) A fee schedule for both of the following that includes | 43449 |
| fees for reviews, conducted during an inspection, of shielding | 43450 |
| plans or the adequacy of shielding: | 43451 |
| (a) The inspection of handlers of radioactive material; | 43452 |
| (b) The inspection of handlers, other than facilities that | 43453 |
| are, or are operated by, medical practitioners or | 43454 |
| medical-practitioner groups, of radiation-generating equipment. | 43455 |
| (B)(1) Identifying sources of radiation, circumstances of | 43456 |
| possession, use, or disposal of sources of radiation, and levels | 43457 |
| of radiation that constitute an unreasonable or unnecessary risk | 43458 |
| to human health or the environment; | 43459 |
| (2) Establishing requirements for the achievement and | 43460 |
| maintenance of compliance with standards for the receipt, | 43461 |
| possession, use, storage, installation, transfer, servicing, and | 43462 |
| disposal of sources of radiation to prevent levels of radiation | 43463 |
| that constitute an unreasonable or unnecessary risk to human | 43464 |
| health or the environment; | 43465 |
| (3) Requiring the maintenance of records on the receipt, use, | 43466 |
| storage, transfer, and disposal of radioactive material and on the | 43467 |
| radiological safety aspects of the use and maintenance of | 43468 |
| radiation-generating equipment. | 43469 |
| In adopting rules under divisions (A) and (B) of this | 43470 |
|
section, the | 43471 |
| stringent than the "suggested state regulations for control of | 43472 |
| radiation" prepared by the conference of radiation control program | 43473 |
| directors, inc., and regulations adopted by the United States | 43474 |
| nuclear regulatory commission, the United States environmental | 43475 |
| protection agency, and the United States department of health and | 43476 |
| human services and shall consider reports of the national council | 43477 |
| on radiation protection and measurement and the relevant standards | 43478 |
| of the American national standards institute. | 43479 |
| (C) Establishing fees, procedures, and requirements for | 43480 |
| certification as a radiation expert, including all of the | 43481 |
| following, without limitation: | 43482 |
| (1) Minimum training and experience requirements; | 43483 |
| (2) Procedures for applying for certification; | 43484 |
| (3) Procedures for review of applications and issuance of | 43485 |
| certificates; | 43486 |
| (4) Procedures for suspending and revoking certification. | 43487 |
| (D) Establishing a schedule for inspection of sources of | 43488 |
| radiation and their shielding and surroundings; | 43489 |
| (E) Establishing the responsibilities of a radiation expert; | 43490 |
| (F) Establishing criteria for quality assurance programs for | 43491 |
| licensees of radioactive material and registrants of | 43492 |
| radiation-generating equipment; | 43493 |
| (G) Establishing fees to be paid by any facility that, on | 43494 |
| September 8, 1995, holds a license from the United States nuclear | 43495 |
| regulatory commission in order to provide moneys necessary for the | 43496 |
| transfer of licensing and other regulatory authority from the | 43497 |
| commission to the state pursuant to section 3748.03 of the Revised | 43498 |
| Code. Rules adopted under this division shall stipulate that fees | 43499 |
| so established do not apply to any functions dealing specifically | 43500 |
| with a facility for the disposal of low-level radioactive waste. | 43501 |
| Fees collected under this division shall be deposited into the | 43502 |
| state treasury to the credit of the general operations fund | 43503 |
| created in section 3701.83 of the Revised Code. The fees shall be | 43504 |
| used solely to administer and enforce this chapter and rules | 43505 |
| adopted under it. | 43506 |
| (H) Establishing fees to be collected annually from | 43507 |
| generators of low-level radioactive waste, which shall be based | 43508 |
| upon the volume and radioactivity of the waste generated and the | 43509 |
| costs of administering low-level radioactive waste management | 43510 |
| activities under this chapter and rules adopted under it. All fees | 43511 |
| collected under this division shall be deposited into the state | 43512 |
| treasury to the credit of the general operations fund created in | 43513 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 43514 |
| to administer and enforce this chapter and rules adopted under it. | 43515 |
|
Any fee required under this division that | 43516 |
| 43517 | |
| original invoice date shall be assessed | 43518 |
|
amount equal to ten per cent of the original | 43519 |
| 43520 | |
| 43521 | |
| 43522 |
| (I) Establishing requirements governing closure, | 43523 |
| decontamination, decommissioning, reclamation, and long-term | 43524 |
| surveillance and care of a facility licensed under this chapter | 43525 |
| and rules adopted under it. Rules adopted under division (I) of | 43526 |
| this section shall include, without limitation, all of the | 43527 |
| following: | 43528 |
| (1) Standards and procedures to ensure that a licensee | 43529 |
| prepares a decommissioning funding plan that provides an adequate | 43530 |
| financial guaranty to permit the completion of all requirements | 43531 |
| governing the closure, decontamination, decommissioning, and | 43532 |
| reclamation of sites, structures, and equipment used in | 43533 |
| conjunction with a licensed activity; | 43534 |
| (2) For licensed activities where radioactive material that | 43535 |
| will require surveillance or care is likely to remain at the site | 43536 |
| after the licensed activities cease, as indicated in the | 43537 |
| application for the license submitted under section 3748.07 of the | 43538 |
| Revised Code, standards and procedures to ensure that the licensee | 43539 |
| prepares an additional decommissioning funding plan for long-term | 43540 |
| surveillance and care, before termination of the license, that | 43541 |
| provides an additional adequate financial guaranty as necessary to | 43542 |
| provide for that surveillance and care; | 43543 |
| (3) For the purposes of the decommissioning funding plans | 43544 |
| required in rules adopted under divisions (I)(1) and (2) of this | 43545 |
| section, the types of acceptable financial guaranties, which shall | 43546 |
| include bonds issued by fidelity or surety companies authorized to | 43547 |
| do business in the state, certificates of deposit, deposits of | 43548 |
| government securities, irrevocable letters or lines of credit, | 43549 |
| trust funds, escrow accounts, or other similar types of | 43550 |
| arrangements, but shall not include any arrangement that | 43551 |
| constitutes self-insurance; | 43552 |
| (4) A requirement that the decommissioning funding plans | 43553 |
| required in rules adopted under divisions (I)(1) and (2) of this | 43554 |
| section contain financial guaranties in amounts sufficient to | 43555 |
| ensure compliance with any standards established by the United | 43556 |
| States nuclear regulatory commission, or by the state if it has | 43557 |
| become an agreement state pursuant to section 3748.03 of the | 43558 |
| Revised Code, pertaining to closure, decontamination, | 43559 |
| decommissioning, reclamation, and long-term surveillance and care | 43560 |
| of licensed activities and sites of licensees. | 43561 |
| Standards established in rules adopted under division (I) of | 43562 |
| this section regarding any activity that resulted in the | 43563 |
| production of byproduct material, as defined in division (A)(2) of | 43564 |
| section 3748.01 of the Revised Code, to the extent practicable, | 43565 |
| shall be equivalent to or more stringent than standards | 43566 |
| established by the United States nuclear regulatory commission for | 43567 |
| sites at which ores were processed primarily for their source | 43568 |
| material content and at which byproduct material, as defined in | 43569 |
| division (A)(2) of section 3748.01 of the Revised Code, is | 43570 |
| deposited. | 43571 |
| (J) Establishing criteria governing inspections of a facility | 43572 |
| for the disposal of low-level radioactive waste, including, | 43573 |
| without limitation, the establishment of a resident inspector | 43574 |
| program at such a facility; | 43575 |
| (K) Establishing requirements and procedures governing the | 43576 |
| filing of complaints under section 3748.16 of the Revised Code, | 43577 |
| including, without limitation, those governing intervention in a | 43578 |
| hearing held under division (B)(3) of that section. | 43579 |
| Sec. 3748.05. (A) The director of health shall do all of the | 43580 |
| following: | 43581 |
| (1) Administer and enforce this chapter and the rules adopted | 43582 |
| under it; | 43583 |
| (2) Collect and make available information relating to | 43584 |
| sources of radiation; | 43585 |
| (3) Ensure the review of plans and specifications, submitted | 43586 |
|
in accordance with rules adopted by the | 43587 |
| director, for the control of radiation that constitutes an | 43588 |
| unreasonable or unnecessary risk to human health or the | 43589 |
| environment; | 43590 |
| (4) Review reports of quality assurance audits performed by | 43591 |
| certified radiation experts under this chapter and the rules | 43592 |
| adopted under it; | 43593 |
| (5) Ensure that programs for the control of sources of | 43594 |
| radiation are developed with due regard for compatibility with | 43595 |
| federal programs for the regulation of byproduct, source, and | 43596 |
| special nuclear materials; | 43597 |
| (6) In accordance with Chapter 119. of the Revised Code, | 43598 |
| adopt, and subsequently may amend and rescind, rules providing for | 43599 |
| the administrative assessment and collection of monetary penalties | 43600 |
| for failure by any facility licensed under this chapter and rules | 43601 |
| adopted under it to comply with this chapter and those rules. The | 43602 |
| director may require the submission of compliance schedules and | 43603 |
| other related information. Any orders issued or payments or other | 43604 |
| requirements imposed pursuant to rules adopted under division | 43605 |
| (A)(6) of this section shall not affect any civil or criminal | 43606 |
| enforcement proceeding brought under this chapter or any other | 43607 |
| provision of state or local law. Moneys collected as | 43608 |
| administrative penalties imposed pursuant to rules adopted under | 43609 |
| division (A)(6) of this section shall be deposited in the state | 43610 |
| treasury to the credit of the general operations fund created in | 43611 |
| section 3701.83 of the Revised Code. The moneys shall be used | 43612 |
| solely to administer and enforce this chapter and the rules | 43613 |
| adopted under it. | 43614 |
| (7) Maintain files of both of the following: | 43615 |
| (a) All license and registration applications, issuances, | 43616 |
| denials, amendments, renewals, suspensions, and revocations and | 43617 |
| any administrative or judicial action pertaining to them; | 43618 |
| (b) All rules adopted under this chapter, or proposed to be | 43619 |
| adopted, relating to the regulation of sources of radiation and | 43620 |
| proceedings on them. | 43621 |
| (B) The director may do any or all of the following: | 43622 |
| (1) Advise, consult, and cooperate with other agencies of the | 43623 |
| state, the federal government, other states, interstate agencies, | 43624 |
| political subdivisions, industries, and other affected groups in | 43625 |
| furtherance of the purposes of this chapter and the rules adopted | 43626 |
| under it; | 43627 |
| (2) Accept and administer grants from the federal government | 43628 |
| and from other sources, public or private, for carrying out any of | 43629 |
| the director's functions under this chapter and the rules adopted | 43630 |
| under it; | 43631 |
| (3) Encourage, participate in, or conduct studies, | 43632 |
| investigations, training, research, and demonstrations relating to | 43633 |
| the detection and control of radiation that constitutes an | 43634 |
| unreasonable or unnecessary risk to human health or the | 43635 |
| environment, the measurement of radiation, the evaluation of | 43636 |
| potential effects on health of cumulative or acute exposure to | 43637 |
| radiation, the development and improvement of methods to limit and | 43638 |
| reduce the generation of radioactive waste, and related problems | 43639 |
| as the director considers necessary or advisable; | 43640 |
| (4) In accordance with Chapter 119. of the Revised Code, | 43641 |
| adopt rules establishing criteria under which other agencies of | 43642 |
| the state or private entities may perform inspections of x-ray | 43643 |
| equipment at registered dental facilities at the request of the | 43644 |
| facility or pursuant to contract with the department; | 43645 |
| (5) Exercise all incidental powers necessary to carry out the | 43646 |
| purposes of this chapter and the rules adopted under it, | 43647 |
| including, without limitation, the issuance of orders. | 43648 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 43649 |
| radioactive material or radiation-generating equipment for which | 43650 |
| licensure or registration, respectively, by its handler is | 43651 |
| required shall apply in writing to the director of health on forms | 43652 |
| prescribed and provided by the director for licensure or | 43653 |
| registration. Terms and conditions of licenses and certificates of | 43654 |
| registration may be amended in accordance with rules adopted under | 43655 |
| section 3748.04 of the Revised Code or orders issued by the | 43656 |
| director pursuant to section 3748.05 of the Revised Code. | 43657 |
| (B)(1) An applicant proposing to handle radioactive material | 43658 |
| shall pay for a license or renewal of a license the appropriate | 43659 |
| fee specified in rules adopted under section 3748.04 of the | 43660 |
| Revised Code and listed on an invoice provided by the director. | 43661 |
| The applicant shall pay the fee on receipt of the invoice. | 43662 |
| (2)(a) Except as provided in division (B)(2)(b) of this | 43663 |
| section, until fees are established in rules adopted under | 43664 |
| division (A)(8)(b) of section 3748.04 of the Revised Code, an | 43665 |
| applicant proposing to handle radiation-generating equipment shall | 43666 |
| pay for a certificate of registration or renewal of a certificate | 43667 |
| a biennial registration fee of two hundred sixty-two dollars. | 43668 |
| Except as provided in division (B)(2)(b) of this section, on | 43669 |
| and after the effective date of the rules in which fees are | 43670 |
| established under division (A)(8)(b) of section 3748.04 of the | 43671 |
| Revised Code, an applicant proposing to handle | 43672 |
| radiation-generating equipment shall pay for a certificate of | 43673 |
| registration or renewal of a certificate the appropriate fee | 43674 |
| established in those rules. | 43675 |
| The applicant shall pay the fees described in division | 43676 |
| (B)(2)(a) of this section at the time of applying for a | 43677 |
| certificate of registration or renewal of a certificate. | 43678 |
| (b) An applicant that is, or is operated by, a medical | 43679 |
| practitioner or medical-practitioner group and proposes to handle | 43680 |
| radiation-generating equipment shall pay for a certificate of | 43681 |
| registration or renewal of a certificate a biennial registration | 43682 |
| fee of two hundred sixty-two dollars. The applicant shall pay the | 43683 |
| fee at the time of applying for a certificate of registration or | 43684 |
| renewal of the certificate. | 43685 |
| (C) All fees collected under this section shall be deposited | 43686 |
| in the state treasury to the credit of the general operations fund | 43687 |
| created in section 3701.83 of the Revised Code. The fees shall be | 43688 |
| used solely to administer and enforce this chapter and rules | 43689 |
| adopted under it. | 43690 |
| (D) Any fee required under this section that | 43691 |
| 43692 | |
|
after the original invoice date shall be assessed
| 43693 |
|
additional amount equal to ten per cent of the original
| 43694 |
|
fee. | 43695 |
| 43696 | |
| 43697 |
| (E) The director shall grant a license or registration to any | 43698 |
| applicant who has paid the required fee and is in compliance with | 43699 |
| this chapter and rules adopted under it. | 43700 |
| (F) Except as provided in division (B)(2) of this section, | 43701 |
| licenses and certificates of registration shall be effective for | 43702 |
| the applicable period established in rules adopted under section | 43703 |
| 3748.04 of the Revised Code. Licenses and certificates of | 43704 |
| registration shall be renewed in accordance with the renewal | 43705 |
| procedure established in rules adopted under section 3748.04 of | 43706 |
| the Revised Code. | 43707 |
| Sec. 3748.10. (A) As used in this section, "person" means | 43708 |
| any legal entity defined as a person under section 1.59 of the | 43709 |
| Revised Code, the state or any agency of the state, any political | 43710 |
| subdivision or agency of a political subdivision, and the United | 43711 |
| States or any agency or instrumentality of the United States other | 43712 |
| than the United States department of energy or the United States | 43713 |
| nuclear regulatory commission where state regulation of the | 43714 |
| treatment, recycling, storage, or disposal of low-level | 43715 |
| radioactive waste by either of those agencies is prohibited by | 43716 |
| federal law. | 43717 |
| (B) No person shall treat, recycle, store, or dispose of any | 43718 |
| low-level radioactive waste except at a facility that is licensed | 43719 |
| for treatment, recycling, storage, or disposal of that waste by | 43720 |
| the director of health under this chapter and rules adopted under | 43721 |
| it or, until the state becomes an agreement state pursuant to | 43722 |
| section 3748.03 of the Revised Code, by the United States nuclear | 43723 |
| regulatory commission under the "Atomic Energy Act of 1954," 68 | 43724 |
| Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted | 43725 |
| under it regardless of whether the waste has been reclassified as | 43726 |
| "below regulatory concern" by the United States nuclear regulatory | 43727 |
| commission pursuant to any rule or standard adopted after January | 43728 |
| 1, 1990. | 43729 |
| (C) Division (B) of this section does not apply to either of | 43730 |
| the following: | 43731 |
| (1) Any low-level radioactive waste that on or before January | 43732 |
| 1, 1990, was authorized under the "Atomic Energy Act of 1954," 68 | 43733 |
| Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted | 43734 |
| under it to be treated, recycled, stored, or disposed of at a | 43735 |
| facility that has not been licensed under that act and regulations | 43736 |
| adopted under it; | 43737 |
| (2) Any low-level radioactive waste that has received an | 43738 |
| exemption from the director of health under division (C)(2) of | 43739 |
| this section. If the United States nuclear regulatory commission | 43740 |
| declares its intent to institute a policy regarding the | 43741 |
| reclassification of waste as "below regulatory concern," the | 43742 |
| 43743 | |
| environmental protection agency, shall adopt rules in accordance | 43744 |
| with Chapter 119. of the Revised Code that govern the granting of | 43745 |
| such exemptions and that do at least all of the following: | 43746 |
| (a) Establish an application procedure to be followed by the | 43747 |
| generator of a low-level radioactive waste who wishes to obtain an | 43748 |
| exemption for that waste under division (C)(2) of this section; | 43749 |
| (b) Require that in order to receive an exemption, a | 43750 |
| low-level radioactive waste shall have been reclassified as "below | 43751 |
| regulatory concern" by the United States nuclear regulatory | 43752 |
| commission after August 19, 1992. The rules adopted under division | 43753 |
| (C)(2)(b) of this section shall stipulate that such a | 43754 |
| reclassification does not automatically qualify a low-level | 43755 |
| radioactive waste for an exemption under division (C)(2) of this | 43756 |
| section. | 43757 |
| (c) Require an applicant to demonstrate with clear and | 43758 |
| convincing evidence that the low-level radioactive waste that is | 43759 |
| the subject of the application does not present a higher | 43760 |
| radioactive hazard than any low-level radioactive waste to which | 43761 |
| division (C)(1) of this section applies and that treatment, | 43762 |
| recycling, storage, or disposal of the waste at a facility that | 43763 |
| has not been licensed by the director under this chapter and rules | 43764 |
| adopted under it or, until the state becomes an agreement state | 43765 |
| pursuant to section 3748.03 of the Revised Code, by the United | 43766 |
| States nuclear regulatory commission under the "Atomic Energy Act | 43767 |
| of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, and | 43768 |
| regulations adopted under it, will not harm public health or | 43769 |
| safety or the environment; | 43770 |
| (d) Establish public notification procedures to be followed | 43771 |
|
by the director for any public hearing held | 43772 |
| (C)(2) of this section. | 43773 |
| The director shall review an application submitted | 43774 |
| under division (C)(2) of this section and shall hold a public | 43775 |
| hearing concerning the application before granting or denying the | 43776 |
| exemption requested. The director may grant an exemption to the | 43777 |
| low-level radioactive waste that is the subject of the application | 43778 |
| 43779 | |
| with the rules adopted under division (C)(2)(a) of this section | 43780 |
| and that the waste satisfies the requirements established in the | 43781 |
| rules adopted under divisions (C)(2)(b) and (c) of this section. | 43782 |
| The director shall maintain a list of all low-level radioactive | 43783 |
|
wastes to which | 43784 |
| Division (C)(2) of this section does not apply to any | 43785 |
| low-level radioactive waste generated at a nuclear power station. | 43786 |
| Sec. 3748.12. The director of health shall certify radiation | 43787 |
| experts pursuant to rules adopted under division (C) of section | 43788 |
| 3748.04 of the Revised Code. The director shall issue a | 43789 |
| certificate to each person certified under this section. An | 43790 |
| individual certified by the director is qualified to develop, | 43791 |
| provide periodic review of, and conduct audits of the quality | 43792 |
| assurance program for sources of radiation for which such a | 43793 |
| program is required under division (A) of section 3748.13 of the | 43794 |
| Revised Code. | 43795 |
| The | 43796 |
| application fee for applying for certification and a biennial | 43797 |
| certification renewal fee in rules adopted under division (C) of | 43798 |
| section 3748.04 of the Revised Code. A certificate issued under | 43799 |
| this section shall expire two years after the date of its | 43800 |
| issuance. To maintain certification, a radiation expert shall | 43801 |
| apply to the director for renewal of certification in accordance | 43802 |
| with the standard renewal procedures established in Chapter 4745. | 43803 |
| of the Revised Code. The certification renewal fee is not required | 43804 |
| for initial certification, but shall be paid for every renewal of | 43805 |
| certification. Fees collected under this section shall be | 43806 |
| deposited into the state treasury to the credit of the general | 43807 |
| operations fund created in section 3701.83 of the Revised Code. | 43808 |
| The fees shall be used solely to administer and enforce this | 43809 |
| chapter and rules adopted under it. Any fee required under this | 43810 |
|
section that | 43811 |
| on the ninety-first day after the original invoice date shall be | 43812 |
|
assessed | 43813 |
|
of the original | 43814 |
| 43815 | |
| 43816 |
| Sec. 3748.13. (A) The director of health shall inspect | 43817 |
| sources of radiation for which licensure or registration by the | 43818 |
| handler is required, and the sources' shielding and surroundings, | 43819 |
| according to the schedule established in rules adopted under | 43820 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 43821 |
| with rules adopted under section 3748.04 of the Revised Code, the | 43822 |
| director shall inspect all records and operating procedures of | 43823 |
| handlers that install or service sources of radiation and all | 43824 |
| sources of radiation for which licensure of radioactive material | 43825 |
| or registration of radiation-generating equipment by the handler | 43826 |
| is required. The director may make other inspections upon | 43827 |
| receiving complaints or other evidence of a violation of this | 43828 |
| chapter or rules adopted under it. | 43829 |
| The director shall require any hospital registered under | 43830 |
| division (A) of section 3701.07 of the Revised Code to develop and | 43831 |
| maintain a quality assurance program for all sources of | 43832 |
| radiation-generating equipment. A certified radiation expert shall | 43833 |
| conduct oversight and maintenance of the program and shall file a | 43834 |
| report of audits of the program with the director on forms | 43835 |
| prescribed by the director. The audit reports shall become part of | 43836 |
| the inspection record. | 43837 |
| (B)(1) Except as provided in division (B)(2) of this section, | 43838 |
| a facility shall pay inspection fees for radioactive material and | 43839 |
| radiation-generating equipment according to the schedule and | 43840 |
| categories established in rules adopted under division (A)(9) of | 43841 |
| section 3748.04 of the Revised Code. | 43842 |
| (2) A facility that is, or is operated by, a medical | 43843 |
| practitioner or medical-practitioner group shall pay inspection | 43844 |
| fees for radiation-generating equipment according to the following | 43845 |
| schedule and categories: | 43846 |
| First dental x-ray tube | $ 155.00 | 43847 | |||
| Each additional dental x-ray tube at the same location | $ 77.00 | 43848 | |||
| First medical x-ray tube | $ 307.00 | 43849 | |||
| Each additional medical x-ray tube at the same location | $ 163.00 | 43850 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ 610.00 | 43851 | |||
| First nonionizing radiation-generating equipment of any kind | $ 307.00 | 43852 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ 163.00 | 43853 |
| (C)(1) Except as provided in division (C)(2) of this section, | 43854 |
| the fee for the inspection of a facility that proposes to handle | 43855 |
| radioactive material or radiation-generating equipment and is not | 43856 |
| licensed or registered, and for which no license or registration | 43857 |
| application is pending at the time of inspection, is four hundred | 43858 |
| seventy-four dollars plus the applicable fee specified in rules | 43859 |
| adopted under division (A)(9) of section 3748.04 of the Revised | 43860 |
| Code. | 43861 |
| (2) For a facility that is, or is operated by, a medical | 43862 |
| practitioner or medical-practitioner group and proposes to handle | 43863 |
| radiation-generating equipment, the fee for an inspection if the | 43864 |
| facility is not licensed or registered, and no license or | 43865 |
| registration is pending at the time of inspection, is four hundred | 43866 |
| seventy-four dollars plus the fee applicable under the schedule in | 43867 |
| division (B)(2) of this section. | 43868 |
| (D)(1) Except as provided in division (D)(2) of this section, | 43869 |
| for a facility that handles radioactive material or | 43870 |
| radiation-generating equipment, the fee for an inspection to | 43871 |
| determine whether violations cited in a previous inspection have | 43872 |
| been corrected is the amount specified in rules adopted under | 43873 |
| division (A)(9) of section 3748.04 of the Revised Code. | 43874 |
| (2) For a facility that is, or is operated by, a medical | 43875 |
| practitioner or medical-practitioner group and handles | 43876 |
| radiation-generating equipment, the fee for an inspection to | 43877 |
| determine whether violations cited in a previous inspection have | 43878 |
| been corrected is fifty per cent of the applicable fee under the | 43879 |
| schedule in division (B)(2) of this section. | 43880 |
| (E) The director may conduct a review of shielding plans or | 43881 |
| the adequacy of shielding on the request of a licensee or | 43882 |
| registrant or an applicant for licensure or registration or during | 43883 |
| an inspection when the director considers a review to be | 43884 |
| necessary. | 43885 |
| (1) Except as provided in division (E)(2) of this section, | 43886 |
| the fee for the review is the applicable amount specified in rules | 43887 |
| adopted under division (A)(9) of section 3748.04 of the Revised | 43888 |
| Code. | 43889 |
| (2) For a facility that is, or is operated by, a medical | 43890 |
| practitioner or medical-practitioner group and handles or proposes | 43891 |
| to handle radiation-generating equipment, the fee for the review | 43892 |
| is seven hundred sixty-two dollars for each room where a source of | 43893 |
| radiation is used and is in addition to any other fee applicable | 43894 |
| under the schedule in division (B)(2) of this section. | 43895 |
| (F) All fees shall be paid to the department of health no | 43896 |
| later than thirty days after the invoice for the fee is mailed. | 43897 |
| Fees shall be deposited in the general operations fund created in | 43898 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 43899 |
| to administer and enforce this chapter and rules adopted under it. | 43900 |
| (G) Any fee required under this section that | 43901 |
| 43902 | |
|
after the original invoice date shall be assessed
| 43903 |
|
additional amount equal to ten per cent of the original | 43904 |
|
fee. | 43905 |
| 43906 | |
| 43907 |
| (H) If the director determines that a board of health of a | 43908 |
| city or general health district is qualified to conduct | 43909 |
| inspections of radiation-generating equipment, the director may | 43910 |
| delegate to the board, by contract, the authority to conduct such | 43911 |
| inspections. In making a determination of the qualifications of a | 43912 |
| board of health to conduct those inspections, the director shall | 43913 |
| evaluate the credentials of the individuals who are to conduct the | 43914 |
| inspections of radiation-generating equipment and the radiation | 43915 |
| detection and measuring equipment available to them for that | 43916 |
| purpose. If a contract is entered into, the board shall have the | 43917 |
| same authority to make inspections of radiation-generating | 43918 |
| equipment as the director has under this chapter and rules adopted | 43919 |
| under it. The contract shall stipulate that only individuals | 43920 |
| approved by the director as qualified shall be permitted to | 43921 |
| inspect radiation-generating equipment under the contract's | 43922 |
| provisions. The contract shall provide for such compensation for | 43923 |
| services as is agreed to by the director and the board of health | 43924 |
| of the contracting health district. The director may reevaluate | 43925 |
| the credentials of the inspection personnel and their radiation | 43926 |
| detecting and measuring equipment as often as the director | 43927 |
| considers necessary and may terminate any contract with the board | 43928 |
| of health of any health district that, in the director's opinion, | 43929 |
| is not satisfactorily performing the terms of the contract. | 43930 |
| (I) The director may enter at all reasonable times upon any | 43931 |
| public or private property to determine compliance with this | 43932 |
| chapter and rules adopted under it. | 43933 |
| Sec. 3748.15. No facility shall violate or fail to comply | 43934 |
| with any duty imposed by this chapter, fail to pay any | 43935 |
| administrative penalty assessed in accordance with rules adopted | 43936 |
| under division (A)(6) of section 3748.05 of the Revised Code, or | 43937 |
|
violate or fail to comply with any valid order
| 43938 |
|
adopted by the director of health | 43939 |
| 43940 | |
| continues is a separate offense. | 43941 |
| Sec. 3748.20. (A) The governor, with the advice and consent | 43942 |
| of the senate, shall appoint a radiation advisory council, which | 43943 |
| shall consist of the following members: | 43944 |
| (1) One individual who has recognized ability and credentials | 43945 |
| in the field of medical radiation physics; | 43946 |
| (2) One individual who has recognized ability and credentials | 43947 |
| in the field of health physics; | 43948 |
| (3) One individual holding the degree of doctor of medicine | 43949 |
| or doctor of osteopathy and licensed to practice medicine or | 43950 |
| surgery or osteopathic medicine and surgery, as applicable, under | 43951 |
| Chapter 4731. of the Revised Code who has recognized ability and | 43952 |
| credentials in the practice of radiology; | 43953 |
| (4) One individual who is licensed to practice dentistry | 43954 |
| under Chapter 4715. of the Revised Code; | 43955 |
| (5) One individual holding the degree of doctor of medicine | 43956 |
| and licensed to practice medicine or surgery under Chapter 4731. | 43957 |
| of the Revised Code who has recognized ability and credentials in | 43958 |
| the field of nuclear medicine; | 43959 |
| (6) One individual who has recognized ability and credentials | 43960 |
| in the field of public health or environmental science; | 43961 |
| (7) One individual licensed as a podiatrist under Chapter | 43962 |
| 4731. of the Revised Code; | 43963 |
| (8) One individual licensed as a chiropractor under Chapter | 43964 |
| 4734. of the Revised Code; | 43965 |
| (9) One individual who is a qualified radiation safety | 43966 |
| officer or radiation protection manager from a facility in this | 43967 |
| state that is licensed for the use of radiation materials; | 43968 |
| (10) One individual who has recognized ability and | 43969 |
| credentials in the field of radon measurement, mitigation, or | 43970 |
| health risk management; | 43971 |
| (11) One individual who is a member of a statewide consumer | 43972 |
| or environmental advocacy organization; | 43973 |
| (12) One individual representing the public; | 43974 |
| (13) One individual who has recognized ability and experience | 43975 |
| in the administration and enforcement of federal radiation | 43976 |
| protection regulations, who shall be a nonvoting member. | 43977 |
| The governor shall make the initial appointments to the | 43978 |
| council not later than December 7, 1995. Of the initial | 43979 |
| appointments, four shall be for a term of office of three years, | 43980 |
| four shall be for a term of office of four years, and four shall | 43981 |
| be for a term of office of five years. Thereafter, terms of office | 43982 |
| for the members of the council shall be five years with each term | 43983 |
| ending on the same day of the same month as did the term that it | 43984 |
| succeeds. Each member shall hold office from the date of the | 43985 |
| member's appointment until the end of the term for which the | 43986 |
| member was appointed. Members may be reappointed. Vacancies shall | 43987 |
| be filled in the manner provided for original appointment. Any | 43988 |
| member appointed to fill a vacancy occurring prior to the | 43989 |
| expiration of the term for which the member's predecessor was | 43990 |
| appointed shall hold office for the remainder of that term. A | 43991 |
| member shall continue in office subsequent to the expiration of | 43992 |
| the member's term or until a period of sixty days has elapsed, | 43993 |
| whichever occurs first. | 43994 |
| The council shall hold four regular quarterly meetings each | 43995 |
| year. Special meetings may be held at the request of the | 43996 |
| chairperson of the council or the director of health. The | 43997 |
| chairperson shall be selected annually by members of the council | 43998 |
| during the first meeting of the calendar year. Following each | 43999 |
| meeting, the chairperson shall submit a report to the director | 44000 |
| summarizing the activities, discussion, and recommendations of the | 44001 |
| council. Seven voting members of the council constitute a quorum. | 44002 |
| Members of the radiation advisory council shall receive a per | 44003 |
| diem compensation in an amount approved by the director and also | 44004 |
| shall be reimbursed for actual expenses incurred in the | 44005 |
| performance of their official duties. | 44006 |
| The department of health shall provide the council the | 44007 |
| administrative support necessary to execute its duties. | 44008 |
| (B) The radiation advisory council shall do all of the | 44009 |
| following: | 44010 |
| (1) Advise and consult with the | 44011 |
| director in the development of rules | 44012 |
| adopted under section 3748.04 of the Revised Code; | 44013 |
| (2) Advise and consult with the director concerning the | 44014 |
| administration, implementation, and enforcement of this chapter, | 44015 |
| including the implementation of the specific responsibilities | 44016 |
| delineated in section 3748.05 of the Revised Code; | 44017 |
| (3) Advise and consult with the director in the development | 44018 |
| of inspection criteria, procedures, and guidelines to be used in | 44019 |
| the radiation control program established under this chapter and | 44020 |
| rules adopted under it; | 44021 |
| (4) Prepare and submit to the director an annual report | 44022 |
| evaluating the department's administration of the radiation | 44023 |
| control program. | 44024 |
| (C) The council shall establish committees to focus on | 44025 |
| specific components of the radiation control program established | 44026 |
| under this chapter and rules adopted under it. Chairpersons of the | 44027 |
| committees shall be appointed by the chairperson of the council | 44028 |
| and shall be members of the council. Other members of the | 44029 |
| committees shall be appointed by the chairperson of the council | 44030 |
| and may include individuals who are not members of the council. | 44031 |
| The membership and responsibilities of each committee | 44032 |
| established under this division shall be subject to the approval | 44033 |
| of the director. Members of the committees shall be reimbursed for | 44034 |
| actual expenses incurred in the performance of their official | 44035 |
| duties. | 44036 |
| Committee reports shall be presented to the council at each | 44037 |
| regular meeting of the council. | 44038 |
| Sec. 3749.02. The | 44039 |
| subject to Chapter 119. of the Revised Code, adopt rules of | 44040 |
| general application throughout the state governing the issuance of | 44041 |
| licenses, approval of plans, layout, construction, sanitation, | 44042 |
| safety, and operation of public swimming pools, public spas, and | 44043 |
| special use pools. Such rules shall not be applied to the | 44044 |
| construction, erection, or manufacture of any building to which | 44045 |
| section 3781.06 of the Revised Code is applicable when the | 44046 |
| building or structure is either integral to or appurtenant to a | 44047 |
| public swimming pool, a public spa, or a special use pool. | 44048 |
| Sec. 3749.03. (A) No person shall construct or install, or | 44049 |
| renovate or otherwise substantially alter, a public swimming pool, | 44050 |
|
public spa, or | 44051 |
| 1987, until the plans for the pool or spa have been submitted to | 44052 |
| and approved by the director of health. Within thirty days of | 44053 |
| receipt of the plans, the director shall approve or disapprove | 44054 |
| them. The plans and approval required under this division do not | 44055 |
| apply to repairs or ordinary maintenance that does not | 44056 |
| substantially affect the manner of water recirculation or basic | 44057 |
|
design of the public swimming pool, public spa, or | 44058 |
| special use pool. | 44059 |
| Any person aggrieved by the director's disapproval of plans | 44060 |
| under this division may, within thirty days following receipt of | 44061 |
| the director's notice of disapproval, request a hearing on the | 44062 |
| matter. The hearing shall be held in accordance with Chapter 119. | 44063 |
| of the Revised Code and may be appealed in the manner provided in | 44064 |
| that chapter. | 44065 |
| (B) Prior to the issuance of a license to operate a newly | 44066 |
| constructed or altered public swimming pool, public spa, or | 44067 |
| 44068 | |
| authorized by the director shall verify that the construction or | 44069 |
| alterations are consistent with the plans submitted and approved | 44070 |
| under division (A) of this section. The director or licensor | 44071 |
| authorized by the director shall have two working days from the | 44072 |
| time notification is received that a public swimming pool, public | 44073 |
|
spa, or
| 44074 |
| verify the construction or alterations. | 44075 |
| (C) | 44076 |
| section, the fees for the approval of plans are as follows: | 44077 |
| | 44078 |
| installation not to exceed two hundred seventy-five dollars for a | 44079 |
|
public swimming pool, public spa, or | 44080 |
| or a combination thereof, that has less than two thousand square | 44081 |
| feet of surface area; | 44082 |
| | 44083 |
| installation not to exceed five hundred fifty dollars for a public | 44084 |
|
swimming pool, public spa, | 44085 |
| combination thereof, that has two thousand or more square feet of | 44086 |
| surface area. | 44087 |
| | 44088 |
| director may, by rule adopted in accordance with Chapter 119. of | 44089 |
| the Revised Code, increase the fees established by this section. | 44090 |
| (D) All plan approval fees shall be paid into the state | 44091 |
| treasury to the credit of the general operations fund created by | 44092 |
| section 3701.83 of the Revised Code. The fees shall be | 44093 |
| administered by the director and shall be used solely for the | 44094 |
| administration and enforcement of this chapter and the rules | 44095 |
| adopted thereunder. | 44096 |
| (E) Plan approvals issued under this section shall not | 44097 |
| constitute an exemption from the land use and building | 44098 |
| requirements of the political subdivision in which the public | 44099 |
|
swimming pool, public spa, or | 44100 |
| is to be located. | 44101 |
| Sec. 3749.04. (A) No person shall operate or maintain a | 44102 |
|
public swimming pool, public spa, or | 44103 |
| without a license issued by the licensor having jurisdiction. | 44104 |
| (B) Every person who intends to operate or maintain an | 44105 |
|
existing public swimming pool, public spa, or | 44106 |
| use pool shall, during the month of April of each year, apply to | 44107 |
| the licensor having jurisdiction for a license to operate the pool | 44108 |
| or spa. Any person proposing to operate or maintain a new or | 44109 |
| otherwise unlicensed public swimming pool, public spa, or | 44110 |
| 44111 | |
| jurisdiction at least thirty days prior to the intended start of | 44112 |
| operation of the pool or spa. Within thirty days of receipt of an | 44113 |
| application for licensure of a public swimming pool, public spa, | 44114 |
|
or
| 44115 |
| application and either issue a license or otherwise respond to the | 44116 |
| applicant regarding the application. | 44117 |
| (C) Each license issued shall be effective from the date of | 44118 |
| issuance until the last day of May of the following year. | 44119 |
| (D) Each licensor administering and enforcing sections | 44120 |
| 3749.01 to 3749.09 of the Revised Code and the rules adopted | 44121 |
| thereunder may establish licensing and inspection fees in | 44122 |
| accordance with section 3709.09 of the Revised Code, which shall | 44123 |
| not exceed the cost of licensing and inspecting public swimming | 44124 |
|
pools, public spas, and | 44125 |
| (E) Except as provided in division (F) of this section and in | 44126 |
| division (B) of section 3749.07 of the Revised Code, all license | 44127 |
| fees collected by a licensor shall be deposited into a swimming | 44128 |
| pool fund, which is hereby created in each health district. The | 44129 |
| fees shall be used by the licensor solely for the purpose of | 44130 |
| administering and enforcing this chapter and the rules adopted | 44131 |
| under this chapter. | 44132 |
| (F) An annual license fee established under division (D) of | 44133 |
| this section shall include any additional amount determined by | 44134 |
|
rule of the | 44135 |
|
health shall collect and transmit to the director | 44136 |
| pursuant to section 3709.092 of the Revised Code. The amounts | 44137 |
| collected under this division shall be administered by the | 44138 |
| director of health and shall be used solely for the administration | 44139 |
| and enforcement of this chapter and the rules adopted under this | 44140 |
| chapter. | 44141 |
| Sec. 3752.06. (A) Unless the owner or operator of a | 44142 |
| reporting facility has submitted to the director of environmental | 44143 |
| protection in connection with the facility a notice of the | 44144 |
| temporary discontinuation of all regulated operations at the | 44145 |
| facility in compliance with division (A)(1) of section 3752.09 of | 44146 |
| the Revised Code, has submitted an application for a waiver in | 44147 |
| compliance with or been issued a waiver under division (A) of | 44148 |
| section 3752.10 of the Revised Code, or, pursuant to division (B) | 44149 |
| of this section, has been granted an extension of time for | 44150 |
| compliance with divisions (A)(4) to (6) of this section, and | 44151 |
| except as provided in division (C) of this section, the owner or | 44152 |
| operator, not later than ninety days after the cessation of all | 44153 |
| regulated operations at the facility, shall do all of the | 44154 |
| following: | 44155 |
| (1) Submit to the director a copy of the most recent | 44156 |
| emergency and hazardous chemical inventory form for the facility | 44157 |
| submitted to the emergency response commission in accordance with | 44158 |
| section 3750.08 of the Revised Code accompanied by a statement | 44159 |
| indicating whether any asbestos-containing materials are present | 44160 |
| at the facility; | 44161 |
| (2) Submit to the director a copy of the current hazardous | 44162 |
| chemical list, or of each of the material safety data sheets, that | 44163 |
| the owner or operator is required to have on file with the | 44164 |
| commission under section 3750.07 of the Revised Code in connection | 44165 |
| with the facility; | 44166 |
| (3) Submit to the director a list of every stationary tank, | 44167 |
| vat, electrical transformer, and vessel of any type that contains | 44168 |
| or is contaminated with regulated substances and that is to remain | 44169 |
| at the facility; a precise description of the location of each; | 44170 |
| and an identification of the regulated substances that are in or | 44171 |
| contaminate each; | 44172 |
| (4) Drain or remove all regulated substances from each | 44173 |
| stationary vat, tank, electrical transformer, and vessel, and from | 44174 |
| all piping, that is to remain at the facility and do any or a | 44175 |
| combination of the following: | 44176 |
| (a) Transfer the regulated substances to another facility | 44177 |
| owned or operated by the owner or operator. If any regulated | 44178 |
| substances are transferred to another facility of the owner or | 44179 |
| operator located within this state, they shall be transferred to a | 44180 |
| facility that is operating. If any regulated substances are | 44181 |
| transferred to another facility of the owner or operator located | 44182 |
| outside this state, they shall be transferred in compliance with | 44183 |
| the applicable laws governing the receiving facility of the state | 44184 |
| in which the receiving facility is located. | 44185 |
| (b) Lawfully transfer ownership of the regulated substances | 44186 |
| to another person through sale or otherwise; | 44187 |
| (c) Cause the regulated substances to be transported off the | 44188 |
| premises of the facility and managed in compliance with the | 44189 |
| applicable provisions of Chapter 3734. of the Revised Code and | 44190 |
| rules adopted under that chapter; the "Toxic Substances Control | 44191 |
| Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, and | 44192 |
| regulations adopted under it; or the "Resource Conservation and | 44193 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 44194 |
| amended, and regulations adopted under it; or, if transported out | 44195 |
| of state, to be managed in compliance with the waste management | 44196 |
| laws of the state to which the regulated substances are | 44197 |
| transported. | 44198 |
| In the case of any regulated substance that also is a | 44199 |
| hazardous material identified or listed in regulations adopted | 44200 |
| under the "Hazardous Materials Transportation Act," 88 Stat. 2156 | 44201 |
| (1975), 49 U.S.C.A. 1801, as amended, and that is to be | 44202 |
| transported off the premises of the facility, the owner or | 44203 |
| operator of the facility shall transport the regulated substance, | 44204 |
| or cause it to be transported, in compliance with the applicable | 44205 |
|
rules adopted under | 44206 |
| 44207 | |
| 44208 | |
| Revised Code. | 44209 |
| (5) Remove from the facility all debris, nonstationary | 44210 |
| equipment and furnishings, nonstationary containers, and motor | 44211 |
| vehicles and rolling stock that contain or are contaminated with a | 44212 |
| regulated substance and do any or a combination of the following: | 44213 |
| (a) Transfer the debris, equipment, furnishings, containers, | 44214 |
| and motor vehicles and rolling stock to another facility owned or | 44215 |
| operated by the owner or operator. If any such debris, equipment, | 44216 |
| furnishings, containers, or motor vehicles and rolling stock is | 44217 |
| transferred to another facility of the owner or operator located | 44218 |
| in this state, it shall be transferred to a facility that is | 44219 |
| operating. If any such debris, equipment, furnishings, containers, | 44220 |
| or motor vehicles and rolling stock is transferred to another | 44221 |
| facility of the owner or operator located outside this state, it | 44222 |
| only shall be transferred in compliance with the applicable laws | 44223 |
| governing the receiving facility of the state in which the | 44224 |
| receiving facility is located. | 44225 |
| (b) Lawfully transfer ownership of the debris, equipment, | 44226 |
| furnishings, containers, and motor vehicles and rolling stock to | 44227 |
| another person through sale or otherwise; | 44228 |
| (c) Cause the debris, equipment, furnishings, and containers | 44229 |
| to be transported off the premises of the facility and managed in | 44230 |
| compliance with the applicable provisions of Chapter 3734. of the | 44231 |
| Revised Code and rules adopted under that chapter; the "Toxic | 44232 |
| Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, | 44233 |
| as amended, and regulations adopted under it; or the "Resource | 44234 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 44235 |
| 6921, as amended, and regulations adopted under it; or, if | 44236 |
| transported out of state, to be managed in compliance with the | 44237 |
| waste management laws of the state to which the debris, equipment, | 44238 |
| furnishings, and containers are transported. | 44239 |
| (6) Make a written certification to the director that the | 44240 |
| actions required by divisions (A)(4) and (5) of this section have | 44241 |
| been completed in compliance with those divisions and any | 44242 |
| applicable rules adopted under section 3752.03 of the Revised | 44243 |
| Code. The certification shall be made on a form prescribed by the | 44244 |
| director and, in addition to the information required in division | 44245 |
| (A) of this section, shall include, without limitation, the | 44246 |
| owner's or operator's name and the address of the owner's or | 44247 |
| operator's principal office. | 44248 |
| (B) Upon the written request of the owner or operator of a | 44249 |
| facility who is subject to division (A) of this section, the | 44250 |
|
director, at | 44251 |
| of time required for compliance with divisions (A)(4) to (6) of | 44252 |
| this section for any period of time the director considers | 44253 |
| reasonable and necessary if the director finds from the request | 44254 |
| that either of the following applies: | 44255 |
| (1) The inability of the owner or operator to complete the | 44256 |
| required actions within the time prescribed in that division is | 44257 |
| due to circumstances that are temporary in nature and are beyond | 44258 |
| the control of the owner or operator; | 44259 |
| (2) The owner or operator, exercising reasonable diligence, | 44260 |
| is unable to complete the required actions within the time | 44261 |
| prescribed in that division due to facility size, operational | 44262 |
| complexity, or other such relevant factors. | 44263 |
| Upon making a decision on a request submitted under division | 44264 |
|
(B) of this section, the director shall mail notice of
| 44265 |
| decision to the owner or operator by certified mail, return | 44266 |
| receipt requested, and, if the request was approved, notice of the | 44267 |
| length of the extension. | 44268 |
| (C) An owner or operator of a reporting facility who is | 44269 |
| subject to this section is not required to perform the removal | 44270 |
| actions required by it or to make the certification required by | 44271 |
| division (A)(6) of this section with respect to hazardous waste | 44272 |
| stored, treated, or disposed of at the facility, or portion of the | 44273 |
| facility, for which the owner holds a valid hazardous waste | 44274 |
| facility installation and operation permit or renewal permit | 44275 |
| issued under section 3734.05 of the Revised Code or has obtained a | 44276 |
| generator identification number pursuant to rules adopted under | 44277 |
| section 3734.12 of the Revised Code. Instead, the owner shall | 44278 |
| comply with the applicable closure and post-closure care | 44279 |
| requirements established in rules adopted under section 3734.12 of | 44280 |
| the Revised Code. | 44281 |
| (D) No person shall fail to comply with any provision of | 44282 |
| division (A) of this section within the time required by that | 44283 |
| division and any extension of that time granted under division (B) | 44284 |
| of this section, as appropriate. | 44285 |
| Sec. 3769.28. The tax commissioner shall collect from each | 44286 |
| permit holder who conducts a pari-mutuel system of wagering where | 44287 |
| the wagering is less than five million dollars a sum of money | 44288 |
| equal to one-tenth of one per cent of the total amount wagered and | 44289 |
| where the wagering is five million dollars or more a sum of money | 44290 |
| equal to fifteen hundredths of one per cent of the total amount | 44291 |
| wagered during any horse-racing meeting for the purpose of | 44292 |
| providing operating revenue for the political subdivisions wherein | 44293 |
|
such meetings are held. | 44294 |
| 44295 | |
|
meeting | 44296 |
| 44297 | |
| commissioner a final report showing the total amount wagered | 44298 |
| during the horse-racing meeting and any other information required | 44299 |
| by the commissioner relative to the tax levied by this section. | 44300 |
| The final report shall be signed by the permit holder or an | 44301 |
| authorized agent of the permit holder. The commissioner shall | 44302 |
| prescribe the form of the final report. | 44303 |
| The commissioner shall collect the tax due under this section | 44304 |
| on amounts wagered during a horse-racing meeting within ten days | 44305 |
| after the close of the meeting. The commissioner shall then | 44306 |
|
immediately forward the
| 44307 |
| fiscal officers of the municipal corporations or townships in | 44308 |
| which such horse-racing meeting took place and in which any such | 44309 |
|
facilities or accessory uses therefor were located. | 44310 |
| The amount collected shall be divided equally between the | 44311 |
| municipal corporations or townships in which such horse-racing | 44312 |
| meeting took place and in which any facilities or accessory uses | 44313 |
| therefor were located. Such municipal corporations or townships | 44314 |
| may distribute a portion of the moneys so received to any | 44315 |
| adjoining political subdivision which incurs increased expenses | 44316 |
| because of such horse-racing meeting. | 44317 |
| This section shall not apply to any agricultural society | 44318 |
| which holds a horse-racing permit. | 44319 |
| The amount collected under this section from any one permit | 44320 |
| holder shall not exceed fifteen thousand dollars from any one | 44321 |
| horse-racing meeting in any calendar year. | 44322 |
| Sec. 3770.06. (A) There is hereby created the state lottery | 44323 |
| gross revenue fund, which shall be in the custody of the treasurer | 44324 |
| of state but shall not be part of the state treasury. All gross | 44325 |
| revenues received from sales of lottery tickets, fines, fees, and | 44326 |
| related proceeds in connection with the statewide lottery and all | 44327 |
| gross proceeds from statewide joint lottery games shall be | 44328 |
| deposited into the fund. The treasurer of state shall invest any | 44329 |
| portion of the fund not needed for immediate use in the same | 44330 |
| manner as, and subject to all provisions of law with respect to | 44331 |
| the investment of, state funds. The treasurer of state shall | 44332 |
| disburse money from the fund on order of the director of the state | 44333 |
| lottery commission or the director's designee. | 44334 |
| Except for gross proceeds from statewide joint lottery games, | 44335 |
| all revenues of the state lottery gross revenue fund that are not | 44336 |
| paid to holders of winning lottery tickets, that are not required | 44337 |
| to meet short-term prize liabilities, that are not credited to | 44338 |
| lottery sales agents in the form of bonuses, commissions, or | 44339 |
| reimbursements, that are not paid to financial institutions to | 44340 |
| reimburse those institutions for sales agent nonsufficient funds, | 44341 |
| and that are collected from sales agents for remittance to | 44342 |
| insurers under contract to provide sales agent bonding services | 44343 |
| shall be transferred to the state lottery fund, which is hereby | 44344 |
| created in the state treasury. In addition, all revenues of the | 44345 |
| state lottery gross revenue fund that represent the gross proceeds | 44346 |
| from the statewide joint lottery games and that are not paid to | 44347 |
| holders of winning lottery tickets, that are not required to meet | 44348 |
| short-term prize liabilities, that are not credited to lottery | 44349 |
| sales agents in the form of bonuses, commissions, or | 44350 |
| reimbursements, and that are not necessary to cover operating | 44351 |
| expenses associated with those games or to otherwise comply with | 44352 |
| the agreements signed by the governor that the director enters | 44353 |
| into under division (J) of section 3770.02 of the Revised Code or | 44354 |
| the rules the commission adopts under division (B)(5) of section | 44355 |
| 3770.03 of the Revised Code shall be transferred to the state | 44356 |
| lottery fund. All investment earnings of the fund shall be | 44357 |
| credited to the fund. Moneys shall be disbursed from the fund | 44358 |
| pursuant to vouchers approved by the director. Total disbursements | 44359 |
| for monetary prize awards to holders of winning lottery tickets in | 44360 |
| connection with the statewide lottery and purchases of goods and | 44361 |
| services awarded as prizes to holders of winning lottery tickets | 44362 |
| shall be of an amount equal to at least fifty per cent of the | 44363 |
| total revenue accruing from the sale of lottery tickets. | 44364 |
| (B) Pursuant to Section 6 of Article XV, Ohio Constitution, | 44365 |
| there is hereby established in the state treasury the lottery | 44366 |
| profits education fund. Whenever, in the judgment of the director | 44367 |
|
of | 44368 |
| to the credit of the state lottery fund that does not represent | 44369 |
| proceeds from statewide joint lottery games is in excess of that | 44370 |
| needed to meet the maturing obligations of the commission and as | 44371 |
| working capital for its further operations, the director of the | 44372 |
| state lottery commission shall recommend the amount of the excess | 44373 |
| to be transferred to the lottery profits education fund, and the | 44374 |
| director of budget and management may transfer the excess to the | 44375 |
| lottery profits education fund in connection with the statewide | 44376 |
| lottery. In addition, whenever, in the judgment of the director of | 44377 |
| 44378 | |
| the credit of the state lottery fund that represents proceeds from | 44379 |
| statewide joint lottery games equals the entire net proceeds of | 44380 |
| those games as described in division (B)(5) of section 3770.03 of | 44381 |
| the Revised Code and the rules adopted under that division, the | 44382 |
| director of the state lottery commission shall recommend the | 44383 |
| amount of the proceeds to be transferred to the lottery profits | 44384 |
| education fund, and the director of budget and management may | 44385 |
| transfer those proceeds to the lottery profits education fund. | 44386 |
| 44387 | |
| 44388 | |
| earnings of the lottery profits education fund shall be credited | 44389 |
| to the fund. | 44390 |
| The lottery profits education fund shall be used solely for | 44391 |
| the support of elementary, secondary, vocational, and special | 44392 |
| education programs as determined in appropriations made by the | 44393 |
| general assembly, or as provided in applicable bond proceedings | 44394 |
| for the payment of debt service on obligations issued to pay costs | 44395 |
| of capital facilities, including those for a system of common | 44396 |
| schools throughout the state pursuant to section 2n of Article | 44397 |
| VIII, Ohio Constitution. When determining the availability of | 44398 |
| money in the lottery profits education fund, the director of | 44399 |
| budget and management may consider all balances and estimated | 44400 |
| revenues of the fund. | 44401 |
| (C) There is hereby established in the state treasury the | 44402 |
| deferred prizes trust fund. With the approval of the director of | 44403 |
| budget and management, an amount sufficient to fund annuity prizes | 44404 |
| shall be transferred from the state lottery fund and credited to | 44405 |
| the trust fund. The treasurer of state shall credit all earnings | 44406 |
| arising from investments purchased under this division to the | 44407 |
| trust fund. Within sixty days after the end of each fiscal year, | 44408 |
| the treasurer of state shall certify to the director of budget and | 44409 |
| management whether the actuarial amount of the trust fund is | 44410 |
| sufficient over the fund's life for continued funding of all | 44411 |
| remaining deferred prize liabilities as of the last day of the | 44412 |
| fiscal year just ended. Also, within that sixty days, the director | 44413 |
| of budget and management shall certify the amount of investment | 44414 |
| earnings necessary to have been credited to the trust fund during | 44415 |
| the fiscal year just ending to provide for such continued funding | 44416 |
| of deferred prizes. Any earnings credited in excess of the latter | 44417 |
| certified amount shall be transferred to the lottery profits | 44418 |
| education fund. | 44419 |
| To provide all or a part of the amounts necessary to fund | 44420 |
| deferred prizes awarded by the commission in connection with the | 44421 |
| statewide lottery, the treasurer of state, in consultation with | 44422 |
| the commission, may invest moneys contained in the deferred prizes | 44423 |
| trust fund which represents proceeds from the statewide lottery in | 44424 |
| obligations of the type permitted for the investment of state | 44425 |
| funds but whose maturities are thirty years or less. | 44426 |
| Notwithstanding the requirements of any other section of the | 44427 |
| Revised Code, to provide all or part of the amounts necessary to | 44428 |
| fund deferred prizes awarded by the commission in connection with | 44429 |
| statewide joint lottery games, the treasurer of state, in | 44430 |
| consultation with the commission, may invest moneys in the trust | 44431 |
| fund which represent proceeds derived from the statewide joint | 44432 |
| lottery games in accordance with the rules the commission adopts | 44433 |
| under division (B)(5) of section 3770.03 of the Revised Code. | 44434 |
| Investments of the trust fund are not subject to the provisions of | 44435 |
| division (A)(10) of section 135.143 of the Revised Code limiting | 44436 |
| to twenty-five per cent the amount of the state's total average | 44437 |
| portfolio that may be invested in debt interests and limiting to | 44438 |
| one-half of one per cent the amount that may be invested in debt | 44439 |
| interests of a single issuer. | 44440 |
| All purchases made under this division shall be effected on a | 44441 |
| delivery versus payment method and shall be in the custody of the | 44442 |
| treasurer of state. | 44443 |
| The treasurer of state may retain an investment advisor, if | 44444 |
| necessary. The commission shall pay any costs incurred by the | 44445 |
| treasurer of state in retaining an investment advisor. | 44446 |
| (D) The auditor of state shall conduct annual audits of all | 44447 |
| funds and any other audits as the auditor of state or the general | 44448 |
| assembly considers necessary. The auditor of state may examine all | 44449 |
| records, files, and other documents of the commission, and records | 44450 |
| of lottery sales agents that pertain to their activities as | 44451 |
| agents, for purposes of conducting authorized audits. | 44452 |
| The state lottery commission shall establish an internal | 44453 |
| audit program before the beginning of each fiscal year, subject to | 44454 |
| the approval of the auditor of state. At the end of each fiscal | 44455 |
| year, the commission shall prepare and submit an annual report to | 44456 |
| the auditor of state for the auditor of state's review and | 44457 |
| approval, specifying the internal audit work completed by the end | 44458 |
| of that fiscal year and reporting on compliance with the annual | 44459 |
| internal audit program. The form and content of the report shall | 44460 |
| be prescribed by the auditor of state under division (C) of | 44461 |
| section 117.20 of the Revised Code. | 44462 |
| (E) Whenever, in the judgment of the director of budget and | 44463 |
| management, an amount of net state lottery proceeds is necessary | 44464 |
| to be applied to the payment of debt service on obligations, all | 44465 |
| as defined in sections 151.01 and 151.03 of the Revised Code, the | 44466 |
| director shall transfer that amount directly from the state | 44467 |
| lottery fund or from the lottery profits education fund to the | 44468 |
| bond service fund defined in those sections. The provisions of | 44469 |
| this division are subject to any prior pledges or obligation of | 44470 |
| those amounts to the payment of bond service charges as defined in | 44471 |
| division (C) of section 3318.21 of the Revised Code, as referred | 44472 |
| to in division (B) of this section. | 44473 |
| Sec. 3781.03. (A) The state fire marshal, the fire chief of a | 44474 |
| municipal corporation that has a fire department, or the fire | 44475 |
| chief of a township that has a fire department shall enforce the | 44476 |
| provisions of this chapter and Chapter 3791. of the Revised Code | 44477 |
| that relate to fire prevention. | 44478 |
| (B) The superintendent of | 44479 |
| building inspector or commissioner of buildings in a municipal | 44480 |
| corporation, county, or township in which the building department | 44481 |
| is certified by the board of building standards under section | 44482 |
| 3781.10 of the Revised Code shall enforce in the jurisdiction of | 44483 |
| each entity all the provisions in this chapter and Chapter 3791. | 44484 |
| of the Revised Code and any rules adopted pursuant to those | 44485 |
| chapters that relate to the construction, arrangement, and | 44486 |
| erection of all buildings or parts of buildings, as defined in | 44487 |
| section 3781.06 of the Revised Code, including the sanitary | 44488 |
| condition of those buildings in relation to heating and | 44489 |
| ventilation. | 44490 |
| (C) The division of | 44491 |
| department of commerce, boards of health of health districts, | 44492 |
| certified departments of building inspection of municipal | 44493 |
| corporations, and county building departments that have authority | 44494 |
| to perform inspections pursuant to a contract under division | 44495 |
| (C)(1) of section 3703.01 of the Revised Code, subject to Chapter | 44496 |
| 3703. of the Revised Code, shall enforce this chapter and Chapter | 44497 |
| 3791. of the Revised Code and the rules adopted pursuant to those | 44498 |
| chapters that relate to plumbing. Building drains are considered | 44499 |
| plumbing for the purposes of enforcement of those chapters. | 44500 |
| (D)(1) In accordance with Chapter 3703. of the Revised Code, | 44501 |
| the department of the city engineer, in cities having such | 44502 |
| departments, the boards of health of health districts, or the | 44503 |
| sewer purveyor, as appropriate, shall have complete authority to | 44504 |
| supervise and regulate the entire sewerage and drainage system in | 44505 |
| the jurisdiction in which it is exercising the authority described | 44506 |
| in this division, including the building sewer and all laterals | 44507 |
| draining into the street sewers. | 44508 |
| (2) In accordance with Chapter 3703. of the Revised Code, the | 44509 |
| department of the city engineer, the boards of health of health | 44510 |
| districts, or the sewer purveyor, as appropriate, shall control | 44511 |
| and supervise the installation and construction of all drains and | 44512 |
| sewers that become a part of the sewerage system and shall issue | 44513 |
| all the necessary permits and licenses for the construction and | 44514 |
| installation of all building sewers and of all other lateral | 44515 |
| drains that empty into the main sewers. The department of the city | 44516 |
| engineer, the boards of health of health districts, and the sewer | 44517 |
| purveyor, as appropriate, shall keep a permanent record of the | 44518 |
| installation and location of every drain and sewer of the drainage | 44519 |
| and sewerage system of the jurisdiction in which it has exercised | 44520 |
| the authority described in this division. | 44521 |
| (E) This section does not exempt any officer or department | 44522 |
| from the obligation to enforce this chapter and Chapter 3791. of | 44523 |
| the Revised Code. | 44524 |
| Sec. 3781.06. (A)(1) Any building that may be used as a | 44525 |
| place of resort, assembly, education, entertainment, lodging, | 44526 |
| dwelling, trade, manufacture, repair, storage, traffic, or | 44527 |
| occupancy by the public, any residential building, and all other | 44528 |
| buildings or parts and appurtenances of those buildings erected | 44529 |
| within this state, shall be so constructed, erected, equipped, and | 44530 |
| maintained that they shall be safe and sanitary for their intended | 44531 |
| use and occupancy. | 44532 |
| (2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the | 44533 |
|
Revised Code shall be construed to limit the power of the
| 44534 |
| 44535 | |
| uniform application governing manufactured home parks pursuant to | 44536 |
|
section | 44537 |
| (B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised | 44538 |
| Code do not apply to either of the following: | 44539 |
| (1) Buildings or structures that are incident to the use for | 44540 |
| agricultural purposes of the land on which the buildings or | 44541 |
| structures are located, provided those buildings or structures are | 44542 |
| not used in the business of retail trade. For purposes of this | 44543 |
| division, a building or structure is not considered used in the | 44544 |
| business of retail trade if fifty per cent or more of the gross | 44545 |
| income received from sales of products in the building or | 44546 |
| structure by the owner or operator is from sales of products | 44547 |
| produced or raised in a normal crop year on farms owned or | 44548 |
| operated by the seller. | 44549 |
| (2) Existing single-family, two-family, and three-family | 44550 |
| detached dwelling houses for which applications have been | 44551 |
| submitted to the director of job and family services pursuant to | 44552 |
| section 5104.03 of the Revised Code for the purposes of operating | 44553 |
| type A family day-care homes as defined in section 5104.01 of the | 44554 |
| Revised Code. | 44555 |
| (C) As used in sections 3781.06 to 3781.18 and 3791.04 of the | 44556 |
| Revised Code: | 44557 |
| (1) "Agricultural purposes" include agriculture, farming, | 44558 |
| dairying, pasturage, apiculture, horticulture, floriculture, | 44559 |
| viticulture, ornamental horticulture, olericulture, pomiculture, | 44560 |
| and animal and poultry husbandry. | 44561 |
| (2) "Building" means any structure consisting of foundations, | 44562 |
| walls, columns, girders, beams, floors, and roof, or a combination | 44563 |
| of any number of these parts, with or without other parts or | 44564 |
| appurtenances. | 44565 |
| (3) "Industrialized unit" means a building unit or assembly | 44566 |
| of closed construction fabricated in an off-site facility, that is | 44567 |
| substantially self-sufficient as a unit or as part of a greater | 44568 |
| structure, and that requires transportation to the site of | 44569 |
| intended use. "Industrialized unit" includes units installed on | 44570 |
| the site as independent units, as part of a group of units, or | 44571 |
| incorporated with standard construction methods to form a | 44572 |
| completed structural entity. "Industrialized unit" does not | 44573 |
| include a manufactured home as defined by division (C)(4) of this | 44574 |
| section or a mobile home as defined by division (O) of section | 44575 |
| 4501.01 of the Revised Code. | 44576 |
| (4) "Manufactured home" means a building unit or assembly of | 44577 |
| closed construction that is fabricated in an off-site facility and | 44578 |
| constructed in conformance with the federal construction and | 44579 |
| safety standards established by the secretary of housing and urban | 44580 |
| development pursuant to the "Manufactured Housing Construction and | 44581 |
| Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, | 44582 |
| 5403, and that has a permanent label or tag affixed to it, as | 44583 |
| specified in 42 U.S.C.A. 5415, certifying compliance with all | 44584 |
| applicable federal construction and safety standards. | 44585 |
| (5) "Permanent foundation" means permanent masonry, concrete, | 44586 |
| or a footing or foundation approved by the manufactured homes | 44587 |
| commission pursuant to Chapter 4781. of the Revised Code, to which | 44588 |
| a manufactured or mobile home may be affixed. | 44589 |
| (6) "Permanently sited manufactured home" means a | 44590 |
| manufactured home that meets all of the following criteria: | 44591 |
| (a) The structure is affixed to a permanent foundation and is | 44592 |
| connected to appropriate facilities; | 44593 |
| (b) The structure, excluding any addition, has a width of at | 44594 |
| least twenty-two feet at one point, a length of at least | 44595 |
| twenty-two feet at one point, and a total living area, excluding | 44596 |
| garages, porches, or attachments, of at least nine hundred square | 44597 |
| feet; | 44598 |
| (c) The structure has a minimum 3:12 residential roof pitch, | 44599 |
| conventional residential siding, and a six-inch minimum eave | 44600 |
| overhang, including appropriate guttering; | 44601 |
| (d) The structure was manufactured after January 1, 1995; | 44602 |
| (e) The structure is not located in a manufactured home park | 44603 |
|
as defined by section | 44604 |
| (7) "Safe," with respect to a building, means it is free from | 44605 |
| danger or hazard to the life, safety, health, or welfare of | 44606 |
| persons occupying or frequenting it, or of the public and from | 44607 |
| danger of settlement, movement, disintegration, or collapse, | 44608 |
| whether such danger arises from the methods or materials of its | 44609 |
| construction or from equipment installed therein, for the purpose | 44610 |
| of lighting, heating, the transmission or utilization of electric | 44611 |
| current, or from its location or otherwise. | 44612 |
| (8) "Sanitary," with respect to a building, means it is free | 44613 |
| from danger or hazard to the health of persons occupying or | 44614 |
| frequenting it or to that of the public, if such danger arises | 44615 |
| from the method or materials of its construction or from any | 44616 |
| equipment installed therein, for the purpose of lighting, heating, | 44617 |
| ventilating, or plumbing. | 44618 |
| (9) "Residential building" means a one-family, two-family, or | 44619 |
| three-family dwelling house, and any accessory structure | 44620 |
| incidental to that dwelling house. "Residential building" includes | 44621 |
| a one-family, two-family, or three-family dwelling house that is | 44622 |
| used as a model to promote the sale of a similar dwelling house. | 44623 |
| "Residential building" does not include an industrialized unit as | 44624 |
| defined by division (C)(3) of this section, a manufactured home as | 44625 |
| defined by division (C)(4) of this section, or a mobile home as | 44626 |
| defined by division (O) of section 4501.01 of the Revised Code. | 44627 |
| (10) "Nonresidential building" means any building that is not | 44628 |
| a residential building or a manufactured or mobile home. | 44629 |
| (11) "Accessory structure" means a structure that is attached | 44630 |
| to a residential building and serves the principal use of the | 44631 |
| residential building. "Accessory structure" includes, but is not | 44632 |
| limited to, a garage, porch, or screened-in patio. | 44633 |
| Sec. 3781.102. (A) Any county or municipal building | 44634 |
| department certified pursuant to division (E) of section 3781.10 | 44635 |
| of the Revised Code as of September 14, 1970, and that, as of that | 44636 |
| date, was inspecting single-family, two-family, and three-family | 44637 |
| residences, and any township building department certified | 44638 |
| pursuant to division (E) of section 3781.10 of the Revised Code, | 44639 |
| is hereby declared to be certified to inspect single-family, | 44640 |
| two-family, and three-family residences containing industrialized | 44641 |
| units, and shall inspect the buildings or classes of buildings | 44642 |
| subject to division (E) of section 3781.10 of the Revised Code. | 44643 |
| (B) Each board of county commissioners may adopt, by | 44644 |
| resolution, rules establishing standards and providing for the | 44645 |
| licensing of electrical and heating, ventilating, and air | 44646 |
| conditioning contractors who are not required to hold a valid and | 44647 |
| unexpired license pursuant to Chapter 4740. of the Revised Code. | 44648 |
| Rules adopted by a board of county commissioners pursuant to | 44649 |
| this division may be enforced within the unincorporated areas of | 44650 |
| the county and within any municipal corporation where the | 44651 |
| legislative authority of the municipal corporation has contracted | 44652 |
| with the board for the enforcement of the county rules within the | 44653 |
| municipal corporation pursuant to section 307.15 of the Revised | 44654 |
| Code. The rules shall not conflict with rules adopted by the board | 44655 |
| of building standards pursuant to section 3781.10 of the Revised | 44656 |
| Code or by the department of commerce pursuant to Chapter 3703. of | 44657 |
| the Revised Code. This division does not impair or restrict the | 44658 |
| power of municipal corporations under Section 3 of Article XVIII, | 44659 |
| Ohio Constitution, to adopt rules concerning the erection, | 44660 |
| construction, repair, alteration, and maintenance of buildings and | 44661 |
| structures or of establishing standards and providing for the | 44662 |
| licensing of specialty contractors pursuant to section 715.27 of | 44663 |
| the Revised Code. | 44664 |
| A board of county commissioners, pursuant to this division, | 44665 |
| may require all electrical contractors and heating, ventilating, | 44666 |
| and air conditioning contractors, other than those who hold a | 44667 |
| valid and unexpired license issued pursuant to Chapter 4740. of | 44668 |
| the Revised Code, to successfully complete an examination, test, | 44669 |
| or demonstration of technical skills, and may impose a fee and | 44670 |
| additional requirements for a license to engage in their | 44671 |
| respective occupations within the jurisdiction of the board's | 44672 |
| rules under this division. | 44673 |
| (C) No board of county commissioners shall require any | 44674 |
| specialty contractor who holds a valid and unexpired license | 44675 |
| issued pursuant to Chapter 4740. of the Revised Code to | 44676 |
| successfully complete an examination, test, or demonstration of | 44677 |
| technical skills in order to engage in the type of contracting for | 44678 |
| which the license is held, within the unincorporated areas of the | 44679 |
| county and within any municipal corporation whose legislative | 44680 |
| authority has contracted with the board for the enforcement of | 44681 |
| county regulations within the municipal corporation, pursuant to | 44682 |
| section 307.15 of the Revised Code. | 44683 |
| (D) A board may impose a fee for registration of a specialty | 44684 |
| contractor who holds a valid and unexpired license issued pursuant | 44685 |
| to Chapter 4740. of the Revised Code before that specialty | 44686 |
| contractor may engage in the type of contracting for which the | 44687 |
| license is held within the unincorporated areas of the county and | 44688 |
| within any municipal corporation whose legislative authority has | 44689 |
| contracted with the board for the enforcement of county | 44690 |
| regulations within the municipal corporation, pursuant to section | 44691 |
| 307.15 of the Revised Code, provided that the fee is the same for | 44692 |
| all specialty contractors who wish to engage in that type of | 44693 |
| contracting. If a board imposes such a fee, the board immediately | 44694 |
| shall permit a specialty contractor who presents proof of holding | 44695 |
| a valid and unexpired license and pays the required fee to engage | 44696 |
| in the type of contracting for which the license is held within | 44697 |
| the unincorporated areas of the county and within any municipal | 44698 |
| corporation whose legislative authority has contracted with the | 44699 |
| board for the enforcement of county regulations within the | 44700 |
| municipal corporation, pursuant to section 307.15 of the Revised | 44701 |
| Code. | 44702 |
| (E) The political subdivision associated with each municipal, | 44703 |
| township, and county building department the board of building | 44704 |
| standards certifies pursuant to division (E) of section 3781.10 of | 44705 |
| the Revised Code may prescribe fees to be paid by persons, | 44706 |
| political subdivisions, or any department, agency, board, | 44707 |
| commission, or institution of the state, for the acceptance and | 44708 |
| approval of plans and specifications, and for the making of | 44709 |
| inspections, pursuant to sections 3781.03 and 3791.04 of the | 44710 |
| Revised Code. | 44711 |
| (F) Each political subdivision that prescribes fees pursuant | 44712 |
| to division (E) of this section shall collect, on behalf of the | 44713 |
| board of building standards, fees equal to the following: | 44714 |
| (1) Three per cent of the fees the political subdivision | 44715 |
| collects in connection with nonresidential buildings; | 44716 |
| (2) One per cent of the fees the political subdivision | 44717 |
| collects in connection with residential buildings. | 44718 |
| (G)(1) The board shall adopt rules, in accordance with | 44719 |
| Chapter 119. of the Revised Code, specifying the manner in which | 44720 |
| the fee assessed pursuant to division (F) of this section shall be | 44721 |
| collected and remitted monthly to the board. The board shall pay | 44722 |
|
the fees into the state treasury to the credit of the | 44723 |
| industrial compliance operating fund created in section 121.084 of | 44724 |
| the Revised Code. | 44725 |
| (2) All money credited to the | 44726 |
| operating fund under this division shall be used exclusively for | 44727 |
| the following: | 44728 |
| (a) Operating costs of the board; | 44729 |
| (b) Providing services, including educational programs, for | 44730 |
| the building departments that are certified by the board pursuant | 44731 |
| to division (E) of section 3781.10 of the Revised Code; | 44732 |
| (c) Paying the expenses of the residential construction | 44733 |
| advisory committee, including the expenses of committee members as | 44734 |
| provided in section 4740.14 of the Revised Code. | 44735 |
| (H) A board of county commissioners that adopts rules | 44736 |
| providing for the licensing of electrical and heating, | 44737 |
| ventilating, and air conditioning contractors, pursuant to | 44738 |
| division (B) of this section, may accept, for purposes of | 44739 |
| satisfying the requirements of rules adopted under that division, | 44740 |
| a valid and unexpired license issued pursuant to Chapter 4740. of | 44741 |
| the Revised Code that is held by an electrical or heating, | 44742 |
| ventilating, and air conditioning contractor, for the | 44743 |
| construction, replacement, maintenance, or repair of one-family, | 44744 |
| two-family, or three-family dwelling houses or accessory | 44745 |
| structures incidental to those dwelling houses. | 44746 |
| (I) A board of county commissioners shall not register a | 44747 |
| specialty contractor who is required to hold a license under | 44748 |
| Chapter 4740. of the Revised Code but does not hold a valid | 44749 |
| license issued under that chapter. | 44750 |
| (J) As used in this section, "specialty contractor" means a | 44751 |
| heating, ventilating, and air conditioning contractor, | 44752 |
| refrigeration contractor, electrical contractor, plumbing | 44753 |
| contractor, or hydronics contractor, as those contractors are | 44754 |
| described in Chapter 4740. of the Revised Code. | 44755 |
| Sec. 3781.11. (A) The rules of the board of building | 44756 |
| standards shall: | 44757 |
| (1) For nonresidential buildings, provide uniform minimum | 44758 |
| standards and requirements, and for residential buildings, provide | 44759 |
| standards and requirements that are uniform throughout the state, | 44760 |
| for construction and construction materials, including | 44761 |
| construction of industrialized units, to make residential and | 44762 |
| nonresidential buildings safe and sanitary as defined in section | 44763 |
| 3781.06 of the Revised Code; | 44764 |
| (2) Formulate such standards and requirements, so far as may | 44765 |
| be practicable, in terms of performance objectives, so as to make | 44766 |
| adequate performance for the use intended the test of | 44767 |
| acceptability; | 44768 |
| (3) Permit, to the fullest extent feasible, the use of | 44769 |
| materials and technical methods, devices, and improvements, | 44770 |
| including the use of industrialized units which tend to reduce the | 44771 |
| cost of construction and erection without affecting minimum | 44772 |
| requirements for the health, safety, and security of the occupants | 44773 |
| or users of buildings or industrialized units and without | 44774 |
| preferential treatment of types or classes of materials or | 44775 |
| products or methods of construction; | 44776 |
| (4) Encourage, so far as may be practicable, the | 44777 |
| standardization of construction practices, methods, equipment, | 44778 |
| material, and techniques, including methods employed to produce | 44779 |
| industrialized units; | 44780 |
| (5) Not require any alteration or repair of any part of a | 44781 |
| school building owned by a chartered nonpublic school or a city, | 44782 |
| local, exempted village, or joint vocational school district and | 44783 |
| operated in conjunction with any primary or secondary school | 44784 |
| program that is not being altered or repaired if all of the | 44785 |
| following apply: | 44786 |
| (a) The school building meets all of the applicable building | 44787 |
| code requirements in existence at the time of the construction of | 44788 |
| the building. | 44789 |
| (b) The school building otherwise satisfies the requirements | 44790 |
| of section 3781.06 of the Revised Code. | 44791 |
| (c) The part of the school building altered or repaired | 44792 |
| conforms to all rules of the board existing on the date of the | 44793 |
| repair or alteration. | 44794 |
| (6) Not require any alteration or repair to any part of a | 44795 |
| workshop or factory that is not otherwise being altered, repaired, | 44796 |
| or added to if all of the following apply: | 44797 |
| (a) The workshop or factory otherwise satisfies the | 44798 |
| requirements of section 3781.06 of the Revised Code. | 44799 |
| (b) The part of the workshop or factory altered, repaired, or | 44800 |
| added conforms to all rules of the board existing on the date of | 44801 |
| plan approval of the repair, alteration, or addition. | 44802 |
| (B) The rules of the board shall supersede and govern any | 44803 |
|
order, standard, or rule of the division of
| 44804 |
| compliance in the department of commerce, division of the state | 44805 |
| fire marshal, the department of health, and of counties and | 44806 |
| townships, in all cases where such orders, standards, or rules are | 44807 |
| in conflict with the rules of the board, except that rules adopted | 44808 |
| and orders issued by the state fire marshal pursuant to Chapter | 44809 |
| 3743. of the Revised Code prevail in the event of a conflict. | 44810 |
| (C) The construction, alteration, erection, and repair of | 44811 |
| buildings including industrialized units, and the materials and | 44812 |
| devices of any kind used in connection with them and the heating | 44813 |
| and ventilating of them and the plumbing and electric wiring in | 44814 |
| them shall conform to the statutes of this state or the rules | 44815 |
| adopted and promulgated by the board, and to provisions of local | 44816 |
| ordinances not inconsistent therewith. Any building, structure, or | 44817 |
| part thereof, constructed, erected, altered, manufactured, or | 44818 |
| repaired not in accordance with the statutes of this state or with | 44819 |
| the rules of the board, and any building, structure, or part | 44820 |
| thereof in which there is installed, altered, or repaired any | 44821 |
| fixture, device, and material, or plumbing, heating, or | 44822 |
| ventilating system, or electric wiring not in accordance with such | 44823 |
| statutes or rules is a public nuisance. | 44824 |
| (D) As used in this section: | 44825 |
| (1) "Nonpublic school" means a chartered school for which | 44826 |
| minimum standards are prescribed by the state board of education | 44827 |
| pursuant to division (D) of section 3301.07 of the Revised Code. | 44828 |
| (2) "Workshop or factory" includes manufacturing, mechanical, | 44829 |
| electrical, mercantile, art, and laundering establishments, | 44830 |
| printing, telegraph, and telephone offices, railroad depots, and | 44831 |
| memorial buildings, but does not include hotels and tenement and | 44832 |
| apartment houses. | 44833 |
| Sec. 3781.112. (A) As used in this section, "secured | 44834 |
| facility" means any of the following: | 44835 |
| (1) A maternity | 44836 |
|
newborn care nursery, or maternity home licensed under | 44837 |
| 44838 |
| (2) A pediatric intensive care unit subject to rules adopted | 44839 |
| by the director of health pursuant to section 3702.11 of the | 44840 |
| Revised Code; | 44841 |
| (3) A children's hospital, as defined in section | 44842 |
| 3727.01 of the Revised Code; | 44843 |
| (4) A hospital that is licensed under section 5119.20 of the | 44844 |
| Revised Code to receive mentally ill persons; | 44845 |
| (5) The portion of a nursing home licensed under section | 44846 |
| 3721.02 of the Revised Code or in accordance with section 3721.09 | 44847 |
| of the Revised Code in which specialized care is provided to | 44848 |
| residents of the nursing home who have physical or mental | 44849 |
| conditions that require a resident to be restricted in the | 44850 |
| resident's freedom of movement for the health and safety of the | 44851 |
| resident, the staff attending the resident, or the general public. | 44852 |
| (B) A secured facility may take reasonable steps in | 44853 |
| accordance with rules the board of building standards adopts under | 44854 |
| division (A) of section 3781.10 of the Revised Code and in | 44855 |
| accordance with the state fire code the fire marshal adopts under | 44856 |
| section 3737.82 of the Revised Code, to deny egress to confine and | 44857 |
| protect patients or residents of the secured facility who are not | 44858 |
| capable of self-preservation. A secured facility that wishes to | 44859 |
| deny egress to those patients or residents may use delayed-egress | 44860 |
| doors and electronically coded doors to deny egress, on the | 44861 |
| condition that those doors are installed and used in accordance | 44862 |
| with rules the board of building standards adopts under division | 44863 |
| (A) of section 3781.10 of the Revised Code and in accordance with | 44864 |
| the state fire code the fire marshal adopts under section 3737.82 | 44865 |
| of the Revised Code. A secured facility also may install | 44866 |
| controlled-egress locks, in compliance with rules the board of | 44867 |
| building standards adopts under division (A) section 3781.10 of | 44868 |
| the Revised Code and in compliance with the state fire code the | 44869 |
| fire marshal adopts under section 3737.82 of the Revised Code, in | 44870 |
| areas of the secured facility where patients or residents who have | 44871 |
| physical or mental conditions that would endanger the patients or | 44872 |
| residents, the staff attending the patients or residents, or the | 44873 |
| general public if those patients or residents are not restricted | 44874 |
| in their freedom of movement. A secured facility that uses | 44875 |
| delayed-egress doors and electronically coded doors, | 44876 |
| controlled-egress locks, or both, shall do both of the following: | 44877 |
| (1) Provide continuous, twenty-four-hour custodial care to | 44878 |
| the patients or residents of the facility; | 44879 |
| (2) Establish a system to evacuate patients or residents in | 44880 |
| the event of fire or other emergency. | 44881 |
| Sec. 3783.05. The board of building standards, in accordance | 44882 |
| with Chapters 119., 3781., and 3791. of the Revised Code, shall | 44883 |
| adopt, amend, or repeal such rules as may be reasonably necessary | 44884 |
| to administer this chapter. All fees collected by the board | 44885 |
| pursuant to this chapter shall be paid into the state treasury to | 44886 |
|
the credit of the | 44887 |
| created in section 121.084 of the Revised Code. | 44888 |
| Sec. 3791.02. No owner, or person having the control as an | 44889 |
| officer or member of a board or committee or otherwise of any | 44890 |
| opera house, hall, theater, church, schoolhouse, college, academy, | 44891 |
| seminary, infirmary, sanitarium, children's home, hospital, | 44892 |
| medical institute, asylum, memorial building, armory, assembly | 44893 |
| hall, or other building for the assemblage or betterment of people | 44894 |
| shall fail to obey any order of the state fire marshal, boards of | 44895 |
| health of city and general health districts, the building | 44896 |
| inspector or commissioner in cities having a building inspection | 44897 |
|
department, or the superintendent of | 44898 |
| in the department of commerce under Chapters 3781. and 3791. of | 44899 |
| the Revised Code or rules or regulations adopted pursuant thereto. | 44900 |
| Whoever violates this section shall be fined not more than | 44901 |
| one thousand dollars. | 44902 |
| Sec. 3791.04. (A)(1) Before beginning the construction, | 44903 |
| erection, or manufacture of any building to which section 3781.06 | 44904 |
| of the Revised Code applies, including all industrialized units, | 44905 |
| the owner of that building, in addition to any other submission | 44906 |
| required by law, shall submit plans or drawings, specifications, | 44907 |
| and data prepared for the construction, erection, equipment, | 44908 |
| alteration, or addition that indicate the portions that have been | 44909 |
| approved pursuant to section 3781.12 of the Revised Code and for | 44910 |
| which no further approval is required, to the municipal, township, | 44911 |
| or county building department having jurisdiction unless one of | 44912 |
| the following applies: | 44913 |
| (a) If no municipal, township, or county building department | 44914 |
| certified for nonresidential buildings pursuant to division (E) of | 44915 |
| section 3781.10 of the Revised Code has jurisdiction, the owner | 44916 |
| shall make the submissions described in division (A)(1) of this | 44917 |
|
section to the superintendent of | 44918 |
| (b) If no certified municipal, township, or county building | 44919 |
| department certified for residential buildings pursuant to | 44920 |
| division (E) of section 3781.10 of the Revised Code has | 44921 |
| jurisdiction, the owner is not required to make the submissions | 44922 |
| described in division (A)(1) of this section. | 44923 |
| (2)(a) The seal of an architect registered under Chapter | 44924 |
| 4703. of the Revised Code or an engineer registered under Chapter | 44925 |
| 4733. of the Revised Code is required for any plans, drawings, | 44926 |
| specifications, or data submitted for approval, unless the plans, | 44927 |
| drawings, specifications, or data are permitted to be prepared by | 44928 |
| persons other than registered architects pursuant to division (C) | 44929 |
| or (D) of section 4703.18 of the Revised Code, or by persons other | 44930 |
| than registered engineers pursuant to division (C) or (D) of | 44931 |
| section 4733.18 of the Revised Code. | 44932 |
| (b) No seal is required for any plans, drawings, | 44933 |
| specifications, or data submitted for approval for any residential | 44934 |
| buildings, as defined in section 3781.06 of the Revised Code, or | 44935 |
| erected as industrialized one-, two-, or three-family units or | 44936 |
| structures within the meaning of "industrialized unit" as defined | 44937 |
| in section 3781.06 of the Revised Code. | 44938 |
| (c) No seal is required for approval of the installation of | 44939 |
| replacement equipment or systems that are similar in type or | 44940 |
| capacity to the equipment or systems being replaced. No seal is | 44941 |
| required for approval for any new construction, improvement, | 44942 |
| alteration, repair, painting, decorating, or other modification of | 44943 |
| any buildings or structures subject to sections 3781.06 to 3781.18 | 44944 |
| and 3791.04 of the Revised Code if the proposed work does not | 44945 |
| involve technical design analysis, as defined by rule adopted by | 44946 |
| the board of building standards. | 44947 |
| (B) No owner shall proceed with the construction, erection, | 44948 |
| alteration, or equipment of any building until the plans or | 44949 |
| drawings, specifications, and data have been approved as this | 44950 |
| section requires, or the industrialized unit inspected at the | 44951 |
| point of origin. No plans or specifications shall be approved or | 44952 |
| inspection approval given unless the building represented would, | 44953 |
| if constructed, repaired, erected, or equipped, comply with | 44954 |
| Chapters 3781. and 3791. of the Revised Code and any rule made | 44955 |
| under those chapters. | 44956 |
| (C) The approval of plans or drawings and specifications or | 44957 |
| data pursuant to this section is invalid if construction, | 44958 |
| erection, alteration, or other work upon the building has not | 44959 |
| commenced within twelve months of the approval of the plans or | 44960 |
| drawings and specifications. One extension shall be granted for an | 44961 |
| additional twelve-month period if the owner requests at least ten | 44962 |
| days in advance of the expiration of the permit and upon payment | 44963 |
| of a fee not to exceed one hundred dollars. If in the course of | 44964 |
| construction, work is delayed or suspended for more than six | 44965 |
| months, the approval of plans or drawings and specifications or | 44966 |
| data is invalid. Two extensions shall be granted for six months | 44967 |
| each if the owner requests at least ten days in advance of the | 44968 |
| expiration of the permit and upon payment of a fee for each | 44969 |
| extension of not more than one hundred dollars. Before any work | 44970 |
| may continue on the construction, erection, alteration, or | 44971 |
| equipment of any building for which the approval is invalid, the | 44972 |
| owner of the building shall resubmit the plans or drawings and | 44973 |
| specifications for approval pursuant to this section. | 44974 |
| (D) Subject to section 3791.042 of the Revised Code, the | 44975 |
| board of building standards or the legislative authority of a | 44976 |
| municipal corporation, township, or county, by rule, may regulate | 44977 |
| the requirements for the submission of plans and specifications to | 44978 |
| the respective enforcing departments and for processing by those | 44979 |
| departments. The board of building standards or the legislative | 44980 |
| authority of a municipal corporation, township, or county may | 44981 |
| adopt rules to provide for the approval, subject to section | 44982 |
| 3791.042 of the Revised Code, by the department having | 44983 |
| jurisdiction of the plans for construction of a foundation or any | 44984 |
| other part of a building or structure before the complete plans | 44985 |
| and specifications for the entire building or structure are | 44986 |
| submitted. When any plans are approved by the department having | 44987 |
| jurisdiction, the structure and every particular represented by | 44988 |
| and disclosed in those plans shall, in the absence of fraud or a | 44989 |
| serious safety or sanitation hazard, be conclusively presumed to | 44990 |
| comply with Chapters 3781. and 3791. of the Revised Code and any | 44991 |
| rule issued pursuant to those chapters, if constructed, altered, | 44992 |
| or repaired in accordance with those plans and any rule in effect | 44993 |
| at the time of approval. | 44994 |
| (E) The approval of plans and specifications, including | 44995 |
| inspection of industrialized units, under this section is a | 44996 |
| "license" and the failure to approve plans or specifications as | 44997 |
| submitted or to inspect the unit at the point of origin within | 44998 |
| thirty days after the plans or specifications are filed or the | 44999 |
| request to inspect the industrialized unit is made, the | 45000 |
| disapproval of plans and specifications, or the refusal to approve | 45001 |
| an industrialized unit following inspection at the point of origin | 45002 |
| is "an adjudication order denying the issuance of a license" | 45003 |
| requiring an "adjudication hearing" as provided by sections 119.07 | 45004 |
| to 119.13 of the Revised Code and as modified by sections 3781.031 | 45005 |
| and 3781.19 of the Revised Code. An adjudication order denying the | 45006 |
| issuance of a license shall specify the reasons for that denial. | 45007 |
| (F) The board of building standards shall not require the | 45008 |
| submission of site preparation plans or plot plans to the division | 45009 |
|
of
| 45010 |
| exclusively as one-, two-, or three-family dwellings. | 45011 |
| (G) Notwithstanding any procedures the board establishes, if | 45012 |
| the agency having jurisdiction objects to any portion of the plans | 45013 |
| or specifications, the owner or the owner's representative may | 45014 |
| request the agency to issue conditional approval to proceed with | 45015 |
| construction up to the point of the objection. Approval shall be | 45016 |
| issued only when the objection results from conflicting | 45017 |
| interpretations of the rules of the board of building standards | 45018 |
| rather than the application of specific technical requirements of | 45019 |
| the rules. Approval shall not be issued where the correction of | 45020 |
| the objection would cause extensive changes in the building design | 45021 |
| or construction. The giving of conditional approval is a | 45022 |
| "conditional license" to proceed with construction up to the point | 45023 |
| where the construction or materials objected to by the agency are | 45024 |
| to be incorporated into the building. No construction shall | 45025 |
| proceed beyond that point without the prior approval of the agency | 45026 |
| or another agency that conducts an adjudication hearing relative | 45027 |
| to the objection. The agency having jurisdiction shall specify its | 45028 |
| objections to the plans or specifications, which is an | 45029 |
| "adjudication order denying the issuance of a license" and may be | 45030 |
| appealed pursuant to sections 119.07 to 119.13 of the Revised Code | 45031 |
| and as modified by sections 3781.031 and 3781.19 of the Revised | 45032 |
| Code. | 45033 |
| (H) A certified municipal, township, or county building | 45034 |
| department having jurisdiction, or the superintendent, as | 45035 |
| appropriate, shall review any plans, drawings, specifications, or | 45036 |
| data described in this section that are submitted to it or to the | 45037 |
| superintendent. | 45038 |
| (I) No owner or persons having control as an officer, or as a | 45039 |
| member of a board or committee, or otherwise, of a building to | 45040 |
| which section 3781.06 of the Revised Code is applicable, and no | 45041 |
| architect, designer, engineer, builder, contractor, subcontractor, | 45042 |
| or any officer or employee of a municipal, township, or county | 45043 |
| building department shall violate this section. | 45044 |
| (J) Whoever violates this section shall be fined not more | 45045 |
| than five hundred dollars. | 45046 |
| Sec. 3791.05. No owner, lessee, agent, factor, architect, or | 45047 |
| contractor engaged in and having supervision or charge of the | 45048 |
| building, erection, or construction of a block, building, or | 45049 |
| structure, shall neglect or refuse to place or have placed upon | 45050 |
| the joists of each story thereof, as soon as joists are in | 45051 |
| position, counter floors of such quality and strength as to render | 45052 |
| perfectly safe the going to and from thereon of all mechanics, | 45053 |
| laborers, and other persons engaged upon the work of construction | 45054 |
| or supervision, or in placing materials for such construction. | 45055 |
| Whoever violates this section shall be fined not less than | 45056 |
| twenty-five nor more than two hundred dollars. | 45057 |
| Each day that such person neglects or refuses to have such | 45058 |
| counter floors so placed, after notice is given by a building | 45059 |
| inspector, a chief inspector, or deputy inspector of the city | 45060 |
| building inspection department in cities where such department is | 45061 |
|
organized, or by the superintendent of | 45062 |
| of the state, in cities where such departments are not organized, | 45063 |
| or from a person whose life or personal safety may be endangered | 45064 |
| by such neglect or refusal, is a separate offense. | 45065 |
| Sec. 3791.07. (A) The board of building standards may | 45066 |
| establish such reasonable inspection fee schedules as it | 45067 |
| determines necessary or desirable relating to the inspection of | 45068 |
| all plans and specifications submitted for approval to the | 45069 |
|
division of | 45070 |
| units inspected at the point of origin and at the construction | 45071 |
| site of the building. The inspection fee schedule established | 45072 |
| shall bear some reasonable relationship to the cost of | 45073 |
| administering and enforcing the provisions of Chapters 3781. and | 45074 |
| 3791. of the Revised Code. | 45075 |
| (B) In addition to the fee assessed in division (A) of this | 45076 |
| section, the board shall assess a fee of not more than five | 45077 |
| dollars for each application for acceptance and approval of plans | 45078 |
| and specifications and for making inspections pursuant to section | 45079 |
| 3791.04 of the Revised Code. The board shall adopt rules, in | 45080 |
| accordance with Chapter 119. of the Revised Code, specifying the | 45081 |
|
manner by which the superintendent of | 45082 |
| shall collect and remit to the board the fees assessed under this | 45083 |
| division and requiring that remittance of the fees be made at | 45084 |
| least quarterly. | 45085 |
| (C) Any person who fails to pay an inspection fee required | 45086 |
| for any inspection conducted by the department of commerce | 45087 |
| pursuant to Chapters 3781. and 3791. of the Revised Code, except | 45088 |
| for fees charged for the inspection of plans and specifications, | 45089 |
| within forty-five days after the inspection is conducted, shall | 45090 |
| pay a late payment fee equal to twenty-five per cent of the | 45091 |
| inspection fee. | 45092 |
| (D) The board shall pay the fees assessed under this section | 45093 |
|
into the state treasury to the credit of the
| 45094 |
| compliance operating fund created in section 121.084 of the | 45095 |
| Revised Code. | 45096 |
| Sec. 3793.04. The department of alcohol and drug addiction | 45097 |
| services shall develop, administer, and revise as necessary a | 45098 |
| comprehensive statewide alcohol and drug addiction services plan | 45099 |
| for the implementation of this chapter. The plan shall emphasize | 45100 |
| abstinence from the use of alcohol and drugs of abuse as the | 45101 |
| primary goal of alcohol and drug addiction services. The council | 45102 |
|
on alcohol | 45103 |
| the department in the development and implementation of the plan. | 45104 |
| The plan shall provide for the allocation and distribution of | 45105 |
| funds appropriated to the department by the general assembly for | 45106 |
| services furnished by alcohol and drug addiction programs under | 45107 |
| contract with boards of alcohol, drug addiction, and mental health | 45108 |
| services. The department shall exclude from the allocation and | 45109 |
| distribution any funds that are transferred to the department of | 45110 |
| job and family services to pay the nonfederal share of alcohol and | 45111 |
| drug addiction services covered by the medicaid program. | 45112 |
| The plan shall specify the methodology that the department | 45113 |
| will use for determining how the funds will be allocated and | 45114 |
| distributed. A portion of the funds shall be allocated on the | 45115 |
| basis of the ratio of the population of each alcohol, drug | 45116 |
| addiction, and mental health service district to the total | 45117 |
| population of the state as determined from the most recent federal | 45118 |
| census or the most recent official estimate made by the United | 45119 |
| States census bureau. | 45120 |
| The plan shall ensure that alcohol and drug addiction | 45121 |
| services of a high quality are accessible to, and responsive to | 45122 |
| the needs of, all persons, especially those who are members of | 45123 |
| underserved groups, including, but not limited to, African | 45124 |
| Americans, Hispanics, native Americans, Asians, juvenile and adult | 45125 |
| offenders, women, veterans, and persons with special services | 45126 |
| needs due to age or disability. The plan shall include a program | 45127 |
| to promote and protect the rights of those who receive services. | 45128 |
| To aid in formulating the plan and in evaluating the | 45129 |
| effectiveness and results of alcohol and drug addiction services, | 45130 |
| the department, in consultation with the department of mental | 45131 |
| health, shall establish and maintain an information system or | 45132 |
| systems. The department of alcohol and drug addiction services | 45133 |
| shall specify the information that must be provided by boards of | 45134 |
| alcohol, drug addiction, and mental health services and by alcohol | 45135 |
| and drug addiction programs for inclusion in the system. The | 45136 |
| department shall not collect any personal information from the | 45137 |
| boards except as required or permitted by state or federal law for | 45138 |
| purposes related to payment, health care operations, program and | 45139 |
| service evaluation, reporting activities, research, system | 45140 |
| administration, and oversight. | 45141 |
| In consultation with boards, programs, and persons receiving | 45142 |
| services, the department shall establish guidelines for the use of | 45143 |
| funds allocated and distributed under this section and for the | 45144 |
| boards' development of plans for services required by sections | 45145 |
| 340.033 and 3793.05 of the Revised Code. | 45146 |
| In any fiscal year, the department shall spend, or allocate | 45147 |
| to boards, for methadone maintenance programs or any similar | 45148 |
| programs not more than eight per cent of the total amount | 45149 |
| appropriated to the department for the fiscal year. | 45150 |
| Sec. 3793.041. The department of alcohol and drug addiction | 45151 |
| services shall develop, administer, and revise as necessary a | 45152 |
| comprehensive statewide gambling addiction services plan. The | 45153 |
| council on alcohol, drug, and gambling addiction services shall | 45154 |
| advise the department in the development and implementation of the | 45155 |
| plan. | 45156 |
| The plan shall provide for allocation and distribution of | 45157 |
| funds from the problem casino gambling and addictions fund | 45158 |
| described in Section 6(C)(3)(g) of Article XV, Ohio Constitution, | 45159 |
| and any funding to be distributed by the department for problem | 45160 |
| gambling. | 45161 |
| The plan shall specify the methodology that the department | 45162 |
| will use for determining how the funds will be allocated and | 45163 |
| distributed. A portion of the funds shall be allocated on the | 45164 |
| basis of the ratio of the population of each alcohol, drug | 45165 |
| addiction, and mental health service district to the total | 45166 |
| population of the state as determined from the most recent federal | 45167 |
| census or the most recent official estimate made by the United | 45168 |
| States census bureau. | 45169 |
| The plan shall ensure that gambling addiction services of a | 45170 |
| high quality are accessible to, and responsive to the needs of, | 45171 |
| all persons, especially those who are members of underserved | 45172 |
| groups, including, but not limited to, African Americans, | 45173 |
| Hispanics, native Americans, Asians, juvenile and adult offenders, | 45174 |
| women, veterans, and persons with special services needs due to | 45175 |
| age or disability. The plan shall include a program to promote and | 45176 |
| protect the rights of those who receive services. | 45177 |
| To aid in formulating the plan and in evaluating the | 45178 |
| effectiveness and results of gambling addiction services, the | 45179 |
| department, in consultation with the department of mental health, | 45180 |
| shall establish and maintain an information system or systems. The | 45181 |
| department of alcohol and drug addiction services shall specify | 45182 |
| the information that must be provided by boards of alcohol, drug | 45183 |
| addiction, and mental health services and by gambling addiction | 45184 |
| programs for inclusion in the system. The department shall not | 45185 |
| collect any personal information from the boards except as | 45186 |
| required or permitted by state or federal law for purposes related | 45187 |
| to payment, health care operations, program and service | 45188 |
| evaluation, reporting activities, research, system administration, | 45189 |
| and oversight. | 45190 |
| In consultation with boards, programs, and persons receiving | 45191 |
| services, the department shall establish guidelines for the use of | 45192 |
| funds allocated and distributed under this section. | 45193 |
| Sec. 3793.09. (A) There is hereby created the council on | 45194 |
|
alcohol | 45195 |
| consist of the public officials specified in division (B) of this | 45196 |
|
section, or their designees, and | 45197 |
| appointed by the governor with the advice and consent of the | 45198 |
| senate. The members appointed by the governor shall be | 45199 |
| representatives of the following: boards of alcohol, drug | 45200 |
| addiction, and mental health services; the criminal and juvenile | 45201 |
|
justice systems; | 45202 |
| gambling addiction programs. At least four of the appointed | 45203 |
| members shall be persons who have received or are receiving | 45204 |
| alcohol or drug addiction services or are parents or other | 45205 |
| relatives of such persons; of these at least two shall be women | 45206 |
|
and at least one shall be a member of a minority | 45207 |
| | 45208 |
| 45209 | |
| 45210 | |
| 45211 | |
| group. At least one appointed member shall be an individual who | 45212 |
| has received or is receiving gambling addiction services. | 45213 |
| Terms of office shall be two years, with each term ending on | 45214 |
| the same day of the same month as the term it succeeds. Each | 45215 |
| member shall hold office from the date of the member's appointment | 45216 |
| until the end of the term for which the member was appointed. | 45217 |
| Members may be reappointed. Vacancies shall be filled in the same | 45218 |
| manner as original appointments. Any member appointed to fill a | 45219 |
| vacancy occurring prior to the expiration of the term for which | 45220 |
| the member's predecessor was appointed shall hold office as a | 45221 |
| member for the remainder of the term. A member shall continue in | 45222 |
| office subsequent to the expiration of the member's term until the | 45223 |
| member's successor takes office or until a period of sixty days | 45224 |
| has elapsed, whichever occurs first. | 45225 |
| (B) The directors of health, public safety, mental health, | 45226 |
| rehabilitation and correction, and youth services; the | 45227 |
| superintendents of public instruction and liquor control; the | 45228 |
|
attorney general; the adjutant general; | 45229 |
| of the division of criminal justice services in the department of | 45230 |
| public safety; the executive director of the casino control | 45231 |
| commission; the executive director of the lottery commission; and | 45232 |
| the executive director of the state racing commission shall be | 45233 |
| voting members of the council, except that any of these officials | 45234 |
| may designate an individual to serve in the official's place as a | 45235 |
| voting member of the council. The director of alcohol and drug | 45236 |
| addiction services shall serve as a nonvoting member of the | 45237 |
| council. | 45238 |
| (C) The governor shall annually appoint a chairperson from | 45239 |
| among the members of the council. The council shall meet quarterly | 45240 |
| and at other times the chairperson considers necessary. In | 45241 |
| addition to other duties specified in this chapter, the council | 45242 |
| shall review the development of the comprehensive statewide plan | 45243 |
| for alcohol and drug addiction services, the comprehensive | 45244 |
|
statewide plan for gambling addiction services, revisions of | 45245 |
| 45246 | |
| purposes of this chapter by the department of alcohol and drug | 45247 |
| addiction services and shall act as an advisory council to the | 45248 |
| director of alcohol and drug addiction services. | 45249 |
| (D) Members of the council shall serve without compensation, | 45250 |
| but shall be paid actual and necessary expenses incurred in the | 45251 |
| performance of their duties. | 45252 |
| Sec. 3798.01. As used in this chapter: | 45253 |
| (A) "Approved health information exchange" means a health | 45254 |
| information exchange that has been approved or reapproved by the | 45255 |
| director of job and family services pursuant to the approval or | 45256 |
| reapproval process, as applicable, the director establishes in | 45257 |
| rules adopted under division (A) of section 3798.15 of the Revised | 45258 |
| Code. | 45259 |
| (B) "Covered entity," "disclosure," "health information," | 45260 |
| "individually identifiable health information," "protected health | 45261 |
| information," and "use" have the same meanings as in 45 C.F.R. | 45262 |
| 160.103. | 45263 |
| (C) "Designated record set" has the same meaning as in 45 | 45264 |
| C.F.R. 164.501. | 45265 |
| (D) "Health care component" and "hybrid entity" have the same | 45266 |
| meanings as in 45 C.F.R. 164.103. | 45267 |
| (E) "Health information exchange" means any person or | 45268 |
| governmental entity in this state that does both of the following: | 45269 |
| (1) Operates a technical infrastructure for the electronic | 45270 |
| movement of health information among covered entities; | 45271 |
| (2) Establishes and enforces policies governing the use of | 45272 |
| the technical infrastructure that is operated. | 45273 |
| (F) "HIPAA privacy rule" means the standards for privacy of | 45274 |
| individually identifiable health information in 45 C.F.R. part 160 | 45275 |
| and in 45 C.F.R. part 164, subparts A and E. | 45276 |
| (G) "Interoperability" means the capacity of two or more | 45277 |
| information systems to exchange information in an accurate, | 45278 |
| effective, secure, and consistent manner. | 45279 |
| (H) "Minor" means an unemancipated person under eighteen | 45280 |
| years of age or a mentally or physically disabled person under | 45281 |
| twenty-one years of age who meets criteria specified in rules | 45282 |
| adopted by the director of job and family services under section | 45283 |
| 3798.13 of the Revised Code. | 45284 |
| (I) "More stringent" has the same meaning as in 45 C.F.R. | 45285 |
| 160.202. | 45286 |
| (J) "Office of health transformation" means the office of | 45287 |
| health transformation created by executive order 2011-02K or a | 45288 |
| successor governmental entity responsible for health system | 45289 |
| oversight in this state. | 45290 |
| (K) "Personal representative" means a person who has | 45291 |
| authority under applicable law to make decisions related to health | 45292 |
| care on behalf of an adult or emancipated minor, or the parent, | 45293 |
| legal guardian, or other person acting in loco parentis who is | 45294 |
| authorized under law to make health care decisions on behalf of an | 45295 |
| unemancipated minor. "Personal representative" does not include | 45296 |
| the parent or legal guardian of, or another person acting in loco | 45297 |
| parentis to, a minor who consents to the minor's own receipt of | 45298 |
| health care or a minor who makes medical decisions on the minor's | 45299 |
| own behalf pursuant to law, court approval, or because the minor's | 45300 |
| parent, legal guardian, or other person acting in loco parentis | 45301 |
| has assented to an agreement of confidentiality between the | 45302 |
| provider and the minor. | 45303 |
| (L) "Political subdivision" means a municipal corporation, | 45304 |
| township, county, school district, or other body corporate and | 45305 |
| politic responsible for governmental activities in a geographic | 45306 |
| area smaller than that of the state. | 45307 |
| (M) "State agency" means any one or more of the following: | 45308 |
| (1) The department of aging; | 45309 |
| (2) The department of alcohol and drug addiction services; | 45310 |
| (3) The department of developmental disabilities; | 45311 |
| (4) The department of education; | 45312 |
| (5) The department of health; | 45313 |
| (6) The department of insurance; | 45314 |
| (7) The department of job and family services; | 45315 |
| (8) The department of mental health; | 45316 |
| (9) The department of rehabilitation and correction; | 45317 |
| (10) The department of youth services; | 45318 |
| (11) The bureau of workers' compensation; | 45319 |
| (12) The rehabilitation services commission; | 45320 |
| (13) The office of the attorney general; | 45321 |
| (14) A health care licensing board created under Title XLVII | 45322 |
| of the Revised Code that possesses individually identifiable | 45323 |
| health information. | 45324 |
| Sec. 3798.02. It is the intent of the general assembly in | 45325 |
| enacting this chapter to make the laws of this state governing the | 45326 |
| use and disclosure of protected health information by covered | 45327 |
| entities consistent with, but generally not more stringent than, | 45328 |
| the HIPAA privacy rule for the purpose of eliminating barriers to | 45329 |
| the adoption and use of electronic health records and health | 45330 |
| information exchanges. Therefore, it is also the general | 45331 |
| assembly's intent in enacting this chapter to supersede any | 45332 |
| judicial or administrative ruling issued in this state that is | 45333 |
| inconsistent with the provisions of this chapter. | 45334 |
| Sec. 3798.03. (A) Subject to division (B) of this section, a | 45335 |
| covered entity shall do both of the following: | 45336 |
| (1) If an individual's protected health information is | 45337 |
| maintained by the covered entity in a designated record set, | 45338 |
| provide the individual or the individual's personal representative | 45339 |
| with access to that information in a manner consistent with 45 | 45340 |
| C.F.R. 164.524; | 45341 |
| (2) Implement and maintain appropriate administrative, | 45342 |
| technical, and physical safeguards to protect the privacy of | 45343 |
| protected health information in a manner consistent with 45 C.F.R. | 45344 |
| 164.530(c). | 45345 |
| (B) If a covered entity is a hybrid entity, this section | 45346 |
| applies only to the health care component of the covered entity. | 45347 |
| Sec. 3798.04. A covered entity shall not do either of the | 45348 |
| following: | 45349 |
| (A) Use or disclose protected health information without an | 45350 |
| authorization that is valid under 45 C.F.R. 164.508 and, if | 45351 |
| applicable, 42 C.F.R. part 2, except when the use or disclosure is | 45352 |
| required or permitted without such authorization by Subchapter C | 45353 |
| of Subtitle A of Title 45 of the Code of Federal Regulations and, | 45354 |
| if applicable, 42 C.F.R. part 2; | 45355 |
| (B) Use or disclose protected health information in a manner | 45356 |
| that is not consistent with 45 C.F.R. 164.502. | 45357 |
| Sec. 3798.06. Including the circumstances described in | 45358 |
| division (A) of section 3798.04 of the Revised Code when a covered | 45359 |
| entity is otherwise permitted to disclose protected health | 45360 |
| information without an authorization that is valid under 45 C.F.R. | 45361 |
| 164.508, a covered entity shall not disclose protected health | 45362 |
| information to a health information exchange without an | 45363 |
| authorization described in division (A) of section 3798.04 of the | 45364 |
| Revised Code unless all of the following are true: | 45365 |
| (A) The disclosure is to an approved health information | 45366 |
| exchange. | 45367 |
| (B) The covered entity is a party to a valid participation | 45368 |
| agreement with the approved health information exchange that meets | 45369 |
| the requirements of rules adopted under section 3798.16 of the | 45370 |
| Revised Code. | 45371 |
| (C) The disclosure is consistent with all procedures | 45372 |
| established by the approved health information exchange. | 45373 |
| (D) Prior to the disclosure, the covered entity furnishes to | 45374 |
| the individual or individual's personal representative a written | 45375 |
| notice that complies with rules adopted under division (A)(3) of | 45376 |
| section 3798.16 of the Revised Code. | 45377 |
| (E) The covered entity restricts disclosure consistent with | 45378 |
| other federal law, if any, governing the disclosure. | 45379 |
| (F) The covered entity restricts disclosure of protected | 45380 |
| health information concerning a minor relating to health care | 45381 |
| delivered to the minor in a manner that complies with laws of this | 45382 |
| state pertaining to the circumstances under which a minor may | 45383 |
| consent to the minor's own receipt of health care or make medical | 45384 |
| decisions on the minor's own behalf, including sections 2907.29, | 45385 |
| 3709.241, 3719.012, 5120.172, and 5122.04 of the Revised Code, | 45386 |
| unless the minor authorizes the disclosure. | 45387 |
| (G) The covered entity restricts disclosure in a manner that | 45388 |
| is consistent with a written request from the individual or the | 45389 |
| individual's personal representative to restrict disclosure of all | 45390 |
| of the individual's protected health information. | 45391 |
| (H) The covered entity restricts disclosure in a manner that | 45392 |
| is consistent with a written request from the individual or the | 45393 |
| individual's personal representative concerning specific | 45394 |
| categories of protected health information to the extent that | 45395 |
| rules adopted pursuant to section 3798.16 of the Revised Code | 45396 |
| require the covered entity to comply with such a request. | 45397 |
| Sec. 3798.08. A covered entity that accesses or discloses | 45398 |
| protected health information in a manner that complies with | 45399 |
| section 3798.03 of the Revised Code and is not in violation of | 45400 |
| section 3798.04 or 3798.06 of the Revised Code is not liable in a | 45401 |
| civil action and is not subject to criminal prosecution or | 45402 |
| professional disciplinary action arising out of or relating to the | 45403 |
| access or disclosure. | 45404 |
| Sec. 3798.10. (A) Not later than six months after the | 45405 |
| effective date of this section, the director of job and family | 45406 |
| services, in consultation with the office of health | 45407 |
| transformation, shall prescribe by rules adopted in accordance | 45408 |
| with Chapter 119. of the Revised Code a standard authorization | 45409 |
| form for the use and disclosure of protected health information by | 45410 |
| covered entities in this state. The form shall meet all | 45411 |
| requirements specified in 45 C.F.R. 164.508 and, where applicable, | 45412 |
| 42 C.F.R. part 2. | 45413 |
| (B) If a form the director prescribes under division (A) of | 45414 |
| this section is properly executed by an individual or the | 45415 |
| individual's personal representative, it shall be accepted by any | 45416 |
| person or governmental entity in this state as valid authorization | 45417 |
| for the use or disclosure of the individual's protected health | 45418 |
| information to the persons or governmental entities specified in | 45419 |
| the form. | 45420 |
| (C) This section does not preclude a person or governmental | 45421 |
| entity from accepting as valid authorization for the use or | 45422 |
| disclosure of protected health information a form other than the | 45423 |
| form prescribed under division (A) of this section if the other | 45424 |
| form meets all requirements specified in 45 C.F.R. 164.508 and, if | 45425 |
| applicable, 42 C.F.R. part 2. | 45426 |
| Sec. 3798.12. As used in this section, "agency" has the same | 45427 |
| meaning as in section 111.15 of the Revised Code. | 45428 |
| (A) Except as provided in division (B) of this section, any | 45429 |
| of the following pertaining to the confidentiality, privacy, | 45430 |
| security, or privileged status of protected health information | 45431 |
| transacted, maintained in, or accessed through a health | 45432 |
| information exchange is unenforceable if it conflicts with this | 45433 |
| chapter: | 45434 |
| (1) A section of the Revised Code that is not in this | 45435 |
| chapter; | 45436 |
| (2) A rule as defined in section 119.01 of the Revised Code; | 45437 |
| (3) An internal management rule as defined in section 111.15 | 45438 |
| of the Revised Code; | 45439 |
| (4) Guidance issued by an agency; | 45440 |
| (5) Orders or regulations of a board of health of a city | 45441 |
| health district made under section 3709.20 of the Revised Code; | 45442 |
| (6) Orders or regulations of a board of health of a general | 45443 |
| health district made under section 3709.21 of the Revised Code; | 45444 |
| (7) An ordinance or resolution adopted by a political | 45445 |
| subdivision; | 45446 |
| (8) A professional code of ethics. | 45447 |
| (B) Division (A) of this section does not render | 45448 |
| unenforceable or restrict in any manner any of the following: | 45449 |
| (1) A provision of the Revised Code that on the effective | 45450 |
| date of this section requires a person or governmental entity to | 45451 |
| disclose protected health information to a state agency, political | 45452 |
| subdivision, or other governmental entity; | 45453 |
| (2) The confidential status of proceedings and records within | 45454 |
| the scope of a peer review committee of a health care entity as | 45455 |
| described in section 2305.252 of the Revised Code; | 45456 |
| (3) The confidential status of quality assurance program | 45457 |
| activities and quality assurance records as described in section | 45458 |
| 5122.32 of the Revised Code; | 45459 |
| (4) The testimonial privilege established by division (B) of | 45460 |
| section 2317.02 of the Revised Code; | 45461 |
| (5) An item described in divisions (A)(1) to (8) of this | 45462 |
| section that governs any of the following: | 45463 |
| (a) The confidentiality, privacy, security, or privileged | 45464 |
| status of protected health information in the possession or | 45465 |
| custody of an agency; | 45466 |
| (b) The process for obtaining from a patient consent to the | 45467 |
| provision of health care or consent for participation in medical | 45468 |
| or other scientific research; | 45469 |
| (c) The process for determining whether an adult has a | 45470 |
| physical or mental impairment or an adult's capacity to make | 45471 |
| health care decisions for purposes of Chapter 5126. of the Revised | 45472 |
| Code; | 45473 |
| (d) The process for determining whether a minor has been | 45474 |
| emancipated. | 45475 |
| (6) When a minor is authorized to consent to the minor's own | 45476 |
| receipt of health care or make medical decisions on the minor's | 45477 |
| own behalf, including the circumstances described in sections | 45478 |
| 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of | 45479 |
| the Revised Code. | 45480 |
| Sec. 3798.13. The director of job and family services shall | 45481 |
| adopt rules for purposes of specifying the criteria a person who | 45482 |
| is mentally or physically disabled and who is under twenty-one | 45483 |
| years of age must meet to be considered a minor for purposes of | 45484 |
| sections 3798.06 and 3798.12 of the Revised Code. | 45485 |
| Sec. 3798.14. The director of job and family services, in | 45486 |
| consultation with the office of health transformation, shall adopt | 45487 |
| rules in accordance with Chapter 119. of the Revised Code for the | 45488 |
| purpose of establishing standards the director must use to approve | 45489 |
| regional and statewide health information exchanges operating in | 45490 |
| this state. The rules may include standards and procedures to be | 45491 |
| followed by a health information exchange regarding the following: | 45492 |
| (A) Satisfaction of certification standards for health | 45493 |
| information exchanges established by federal statutes or | 45494 |
| regulations; | 45495 |
| (B) Adherence to nationally recognized standards for | 45496 |
| interoperability; | 45497 |
| (C) Access to and use and disclosure of protected health | 45498 |
| information maintained by or on an approved health information | 45499 |
| exchange; | 45500 |
| (D) Demonstration of adequate financial resources to sustain | 45501 |
| continued operations in compliance with the rules adopted under | 45502 |
| this section; | 45503 |
| (E) Participation in outreach activities for individuals and | 45504 |
| covered entities; | 45505 |
| (F) Conduct of operations in a transparent manner to promote | 45506 |
| consumer confidence; | 45507 |
| (G) Implementation of security breach notification | 45508 |
| procedures. | 45509 |
| Sec. 3798.15. (A) The director of job and family services, | 45510 |
| in consultation with the office of health transformation, shall | 45511 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 45512 |
| for the purpose of establishing processes for all of the | 45513 |
| following: | 45514 |
| (1) A health information exchange to apply to the director | 45515 |
| for approval to operate as an approved health information exchange | 45516 |
| in this state and, at times specified by the director, reapproval | 45517 |
| of such status; | 45518 |
| (2) The director to investigate and resolve concerns and | 45519 |
| complaints submitted to the director regarding an approved health | 45520 |
| information exchange; | 45521 |
| (3) A health information exchange to apply for | 45522 |
| reconsideration of a decision the director makes under a process | 45523 |
| established under division (A)(1) or (2) of this section; | 45524 |
| (4) Covered entities and approved health information | 45525 |
| exchanges to enter into participation agreements and enforce the | 45526 |
| terms of such agreements. | 45527 |
| (B) Any decision the director makes in relation to a process | 45528 |
| established pursuant to rules adopted under division (A) of this | 45529 |
| section is not subject to appeal under Chapter 119. or any other | 45530 |
| provision of the Revised Code. | 45531 |
| Sec. 3798.16. (A) The director of job and family services, | 45532 |
| in consultation with the office of health transformation, shall | 45533 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 45534 |
| for the purpose of specifying the content of agreements governing | 45535 |
| covered entities' participation in approved health information | 45536 |
| exchanges. At a minimum, the rules shall require the content of | 45537 |
| such participation agreements to include all of the following: | 45538 |
| (1) Procedures for a covered entity to disclose an | 45539 |
| individual's protected health information to an approved health | 45540 |
| information exchange; | 45541 |
| (2) Procedures for a covered entity to access an individual's | 45542 |
| protected health information from an approved health information | 45543 |
| exchange; | 45544 |
| (3) Subject to division (B) of this section, a written notice | 45545 |
| to be provided by a covered entity to an individual or the | 45546 |
| individual's personal representative prior to the covered entity's | 45547 |
| disclosure of the individual's protected health information to an | 45548 |
| approved health information exchange; | 45549 |
| (4) Documentation the covered entity must use to verify that | 45550 |
| a notice described in division (A)(3) of this section has been | 45551 |
| provided by the covered entity to an individual or the | 45552 |
| individual's personal representative prior to the disclosure of | 45553 |
| the individual's protected health information to an approved | 45554 |
| health information exchange; | 45555 |
| (5) Procedures for an individual or the individual's personal | 45556 |
| representative to submit to the covered entity a written request | 45557 |
| to place restrictions on the covered entity's disclosure of | 45558 |
| protected health information to the approved health information | 45559 |
| exchange; | 45560 |
| (6) The standards a covered entity must use to determine | 45561 |
| whether, and to what extent, to comply with a written request | 45562 |
| described in division (A)(5) of this section; | 45563 |
| (7) The purposes for which a covered entity may access and | 45564 |
| use protected health information from the approved health | 45565 |
| information exchange. | 45566 |
| (B) With respect to the written notice described in division | 45567 |
| (A)(3) of this section, the rules may specify that the notice can | 45568 |
| be incorporated into the covered entity's notice of privacy | 45569 |
| practices required by 45 C.F.R. 164.520 and shall specify that the | 45570 |
| notice include the following statements: | 45571 |
| (1) The individual's protected health information will be | 45572 |
| disclosed to the approved health information exchange to | 45573 |
| facilitate the provision of health care to the individual. | 45574 |
| (2) The approved health information exchange maintains | 45575 |
| appropriate safeguards to protect the privacy and security of | 45576 |
| protected health information. | 45577 |
| (3) Only authorized individuals may access and use protected | 45578 |
| health information from the approved health information exchange. | 45579 |
| (4) The individual or the individual's personal | 45580 |
| representative has the right to request in writing that the | 45581 |
| covered entity do either or both of the following: | 45582 |
| (a) Not disclose any of the individual's protected health | 45583 |
| information to the approved health information exchange; | 45584 |
| (b) Not disclose specific categories of the individual's | 45585 |
| protected health information to the approved health information | 45586 |
| exchange. | 45587 |
| (5) Any restrictions on the disclosure of protected health | 45588 |
| information an individual requests as described in either division | 45589 |
| (B)(4)(a) or (b) of this section may result in a health care | 45590 |
| provider not having access to information that is necessary for | 45591 |
| the provider to render appropriate care to the individual. | 45592 |
| (6) Any restrictions on the disclosure of protected health | 45593 |
| information an individual requests as described in division | 45594 |
| (B)(4)(a) of this section must be honored by the covered entity. | 45595 |
| (7) Any restrictions on the disclosure of protected health | 45596 |
| information an individual requests as described in division | 45597 |
| (B)(4)(b) of this section must be honored if the restriction is | 45598 |
| consistent with rules adopted under this chapter. | 45599 |
| Sec. 4104.01. As used in sections 4104.01 to 4104.20 and | 45600 |
| section 4104.99 of the Revised Code: | 45601 |
| (A) "Board of building standards" or "board" means the board | 45602 |
| established by section 3781.07 of the Revised Code. | 45603 |
| (B) "Superintendent" means the superintendent of | 45604 |
| industrial compliance created by section 121.04 of the Revised | 45605 |
| Code. | 45606 |
| (C) "Boiler" means a closed vessel in which water is heated, | 45607 |
| steam is generated, steam is superheated, or any combination | 45608 |
| thereof, under pressure or vacuum for use externally to itself by | 45609 |
| the direct application of heat from the combustion of fuels, or | 45610 |
| from electricity or nuclear energy. "Boiler" includes fired units | 45611 |
| for heating or vaporizing liquids other than water where these | 45612 |
| units are separate from processing systems and are complete within | 45613 |
| themselves. | 45614 |
| (D) "Power boiler" means a boiler in which steam or other | 45615 |
| vapor (to be used externally to itself) is generated at a pressure | 45616 |
| of more than fifteen psig. | 45617 |
| (E) "High pressure, high temperature water boiler" means a | 45618 |
| water heating boiler operating at pressures exceeding one hundred | 45619 |
| sixty psig or temperatures exceeding two hundred fifty degrees | 45620 |
| Fahrenheit. | 45621 |
| (F) "Low pressure boiler" means a steam boiler operating at | 45622 |
| pressures not exceeding fifteen psig, or a hot water heating | 45623 |
| boiler operating at pressures not exceeding one hundred sixty psig | 45624 |
| or temperatures not exceeding two hundred fifty degrees | 45625 |
| Fahrenheit. | 45626 |
| (G) "Pressure vessel" means a container for the containment | 45627 |
| of pressure, either internal or external. This pressure may be | 45628 |
| obtained from an external source or by the application of heat | 45629 |
| from a direct or indirect source or any combination thereof. | 45630 |
| (H) "Process boiler" means a boiler to which all of the | 45631 |
| following apply: | 45632 |
| (1) The steam in the boiler is either generated or | 45633 |
| superheated, or both, under pressure or vacuum for use external to | 45634 |
| itself. | 45635 |
| (2) The source of heat for the boiler is in part or in whole | 45636 |
| from a process other than the boiler itself. | 45637 |
| (3) The boiler is part of a continuous processing unit, such | 45638 |
| as used in chemical manufacture or petroleum refining, other than | 45639 |
| a steam-generated process unit. | 45640 |
| (I) "Stationary steam engine" means an engine or turbine in | 45641 |
| which the mechanical force arising from the elasticity and | 45642 |
| expansion action of steam or from its property of rapid | 45643 |
| condensation or from a combination of the two is made available as | 45644 |
| a motive power. | 45645 |
| Sec. 4104.02. The board of building standards shall: | 45646 |
| (A) Formulate rules for the construction, installation, | 45647 |
| repair, conservation of energy, and operation of boilers and the | 45648 |
| construction and repair of pressure vessels and for ascertaining | 45649 |
| the safe working pressures to be carried on such boilers and | 45650 |
| pressure vessels and the qualification of inspectors of boilers | 45651 |
| and pressure vessels; | 45652 |
| (B) Prescribe tests, if it is considered necessary, to | 45653 |
| ascertain the qualities of materials used in the construction of | 45654 |
| boilers and pressure vessels; | 45655 |
| (C) Adopt rules regulating the construction and sizes of | 45656 |
| safety valves for boilers and pressure vessels of different sizes | 45657 |
| and pressures, for the construction, use, and location of fusible | 45658 |
| plugs, appliances for indicating the pressure of steam and level | 45659 |
| of water in the boiler or pressure vessels, and such other | 45660 |
| appliances as the board considers necessary to safety in operating | 45661 |
| boilers; | 45662 |
| (D) Establish reasonable fees for the performance of reviews, | 45663 |
| surveys, or audits of manufacturer's facilities by the division of | 45664 |
| 45665 | |
| society of mechanical engineers and the national board of boiler | 45666 |
| and pressure vessel inspectors; | 45667 |
| (E) The definitions and rules adopted by the board for the | 45668 |
| construction, installation, repair, conservation of energy, and | 45669 |
| operation of boilers and the construction and repair of pressure | 45670 |
| vessels and for ascertaining the safe working pressures to be used | 45671 |
| on such boilers and pressure vessels shall be based upon and | 45672 |
| follow generally accepted engineering standards, formulae, and | 45673 |
| practices established and pertaining to boilers and pressure | 45674 |
| vessel construction, operation, and safety, and the board may, for | 45675 |
| this purpose, adopt existing published standards as well as | 45676 |
| amendments thereto subsequently published by the same authority. | 45677 |
| When a person desires to manufacture a special type of boiler | 45678 |
| or pressure vessel, the design of which is not covered by the | 45679 |
| rules of the board, the person shall submit drawings and | 45680 |
| specifications of such boiler or pressure vessel to the board for | 45681 |
| investigation, after which the board may permit its installation. | 45682 |
| The provisions of sections 119.03 and 119.11 of the Revised | 45683 |
| Code in particular, and the applicable provisions of Chapter 119. | 45684 |
| of the Revised Code in general, shall govern the proceedings of | 45685 |
| the board of building standards in adopting, amending, or | 45686 |
| rescinding rules pursuant to this section. | 45687 |
| Sec. 4104.06. (A) The inspection of boilers and their | 45688 |
| appurtenances and pressure vessels shall be made by the inspectors | 45689 |
| mentioned in sections 4104.07 to 4104.20 of the Revised Code. The | 45690 |
|
superintendent of | 45691 |
| enforce such sections and rules adopted by the board of building | 45692 |
| standards pursuant to section 4104.02 of the Revised Code. | 45693 |
| (B) The superintendent shall adopt, amend, and repeal rules | 45694 |
| exclusively for the issuance, renewal, suspension, and revocation | 45695 |
| of certificates of competency and certificates of operation, for | 45696 |
| conducting hearings in accordance with Chapter 119. of the Revised | 45697 |
| Code related to these actions, and for the inspection of boilers | 45698 |
| and their appurtenances, and pressure vessels. | 45699 |
| (C) Notwithstanding division (B) of this section, the | 45700 |
| superintendent shall not adopt rules relating to construction, | 45701 |
| maintenance, or repair of boilers and their appurtenances, or | 45702 |
| repair of pressure vessels. | 45703 |
| (D) The superintendent and each general inspector may enter | 45704 |
| any premises and any building or room at all reasonable hours to | 45705 |
| perform an examination or inspection. | 45706 |
| Sec. 4104.07. (A) An application for examination as an | 45707 |
| inspector of boilers and pressure vessels shall be in writing, | 45708 |
| accompanied by a fee of one hundred fifty dollars, upon a blank to | 45709 |
|
be furnished by the superintendent of | 45710 |
| Any moneys collected under this section shall be paid into the | 45711 |
|
state treasury to the credit of the
| 45712 |
| operating fund created in section 121.084 of the Revised Code. | 45713 |
| (B) The superintendent shall determine if an applicant meets | 45714 |
| all the requirements for examination in accordance with rules | 45715 |
| adopted by the board of building standards under section 4104.02 | 45716 |
| of the Revised Code. An application shall be rejected which | 45717 |
| contains any willful falsification, or untruthful statements. | 45718 |
| (C) An applicant shall be examined by the superintendent, by | 45719 |
| a written examination, prescribed by the board, dealing with the | 45720 |
| construction, installation, operation, maintenance, and repair of | 45721 |
| boilers and pressure vessels and their appurtenances, and the | 45722 |
| applicant shall be accepted or rejected on the merits of the | 45723 |
| applicant's application and examination. | 45724 |
| (D) Upon a favorable report by the superintendent of the | 45725 |
| result of an examination, the superintendent shall immediately | 45726 |
| issue to the successful applicant a certificate of competency to | 45727 |
| that effect. | 45728 |
| Sec. 4104.08. (A) The director of commerce may appoint from | 45729 |
| the holders of certificates of competency provided for in section | 45730 |
| 4104.07 of the Revised Code, general inspectors of boilers and | 45731 |
| pressure vessels. | 45732 |
| (B) Any company authorized to insure boilers and pressure | 45733 |
| vessels against explosion in this state may designate from holders | 45734 |
| of certificates of competency issued by the superintendent of | 45735 |
| 45736 | |
| competency or commissions issued by other states or nations whose | 45737 |
| examinations for certificates or commissions have been approved by | 45738 |
| the board of building standards, persons to inspect and stamp | 45739 |
| boilers and pressure vessels covered by the company's policies, | 45740 |
| and the superintendent shall issue to such persons commissions | 45741 |
| authorizing them to act as special inspectors. Special inspectors | 45742 |
| shall be compensated by the company designating them. | 45743 |
| (C) The director shall establish an annual fee to be charged | 45744 |
| by the superintendent for each certificate of competency or | 45745 |
| commission the superintendent issues. | 45746 |
| (D) The superintendent shall issue to each general or special | 45747 |
| inspector a commission to the effect that the holder thereof is | 45748 |
| authorized to inspect boilers and pressure vessels in this state. | 45749 |
| (E) No person shall be authorized to act as a general | 45750 |
| inspector or a special inspector who is directly or indirectly | 45751 |
| interested in the manufacture or sale of boilers or pressure | 45752 |
| vessels. | 45753 |
| Sec. 4104.09. The certificate of competency issued under | 45754 |
| section 4104.07 of the Revised Code or the commission provided for | 45755 |
| in section 4104.08 of the Revised Code may be revoked by the | 45756 |
|
superintendent of
| 45757 |
| incompetence or untrustworthiness of the holder thereof, or for | 45758 |
| willful falsification of any matter or statement contained in the | 45759 |
| holder's application or in a report of any inspection in | 45760 |
| accordance with Chapter 119. of the Revised Code. If a certificate | 45761 |
| or commission is lost or destroyed, a new certificate or | 45762 |
| commission shall be issued in its place without another | 45763 |
| examination. | 45764 |
| Sec. 4104.10. All unfired pressure vessels, except unfired | 45765 |
| pressure vessels exempt under section 4104.04 of the Revised Code, | 45766 |
| shall be thoroughly inspected during fabrication and upon | 45767 |
| completion and shall not be operated until a copy of the | 45768 |
| manufacturers' data report, properly executed and signed by the | 45769 |
|
inspector is filed in the office of the superintendent of | 45770 |
| industrial compliance. All unfired pressure vessels shall conform | 45771 |
| in every detail with applicable rules adopted by the board of | 45772 |
| building standards pursuant to section 4104.02 of the Revised | 45773 |
| Code. | 45774 |
| Sec. 4104.101. (A) No person shall install or make major | 45775 |
| repairs or modifications to any boiler without first registering | 45776 |
|
to do so with the division of | 45777 |
| (B) No person shall make any installation or major repair or | 45778 |
| modification of any boiler without first obtaining a permit to do | 45779 |
| so from the division. The permit application form shall provide | 45780 |
| the name and address of the owner, location of the boiler, and | 45781 |
| type of repair or modification that will be made. The application | 45782 |
| permit fee shall be one hundred dollars. | 45783 |
| (C) The superintendent of | 45784 |
| require annual registration of all contractors who install, make | 45785 |
| major repairs to, or modify any boiler. The board of building | 45786 |
| standards shall establish a reasonable fee to cover the cost of | 45787 |
| processing registrations. | 45788 |
| Sec. 4104.12. All boilers, except boilers mentioned in | 45789 |
| section 4104.04 of the Revised Code, shall be inspected when | 45790 |
| installed and shall not be operated until an appropriate | 45791 |
| certificate of operation has been issued by the superintendent of | 45792 |
| 45793 | |
| by this section shall not be issued for any boiler which has not | 45794 |
| been thoroughly inspected during construction and upon completion, | 45795 |
| by either a general or special inspector, and which does not | 45796 |
| conform in every detail with the rules adopted by the board of | 45797 |
| building standards and unless, upon completion, such boiler is | 45798 |
| distinctly stamped under such rules by such inspector. | 45799 |
| Sec. 4104.15. (A) All certificates of inspection for | 45800 |
| boilers, issued prior to October 15, 1965, are valid and effective | 45801 |
| for the period set forth in such certificates unless sooner | 45802 |
|
withdrawn by the superintendent of | 45803 |
| The owner or user of any such boiler shall obtain an appropriate | 45804 |
| certificate of operation for such boiler, and shall not operate | 45805 |
| such boiler, or permit it to be operated unless a certificate of | 45806 |
| operation has been obtained in accordance with section 4104.17 of | 45807 |
| the Revised Code. | 45808 |
| (B) If, upon making the internal and external inspection | 45809 |
| required under sections 4104.11, 4104.12, and 4104.13 of the | 45810 |
| Revised Code, the inspector finds the boiler to be in safe working | 45811 |
| order, with the fittings necessary to safety, and properly set up, | 45812 |
| upon the inspector's report to the superintendent, the | 45813 |
| superintendent shall issue to the owner or user thereof, or renew, | 45814 |
| upon application and upon compliance with sections 4104.17 and | 45815 |
| 4104.18 of the Revised Code, a certificate of operation which | 45816 |
| shall state the maximum pressure at which the boiler may be | 45817 |
| operated, as ascertained by the rules of the board of building | 45818 |
| standards. Such certificates shall also state the name of the | 45819 |
| owner or user, the location, size, and number of each boiler, and | 45820 |
| the date of issuance, and shall be so placed as to be easily read | 45821 |
| in the engine room or boiler room of the plant where the boiler is | 45822 |
| located, except that the certificate of operation for a portable | 45823 |
| boiler shall be kept on the premises and shall be accessible at | 45824 |
| all times. | 45825 |
| (C) If an inspector at any inspection finds that the boiler | 45826 |
| or pressure vessel is not in safe working condition, or is not | 45827 |
| provided with the fittings necessary to safety, or if the fittings | 45828 |
| are improperly arranged, the inspector shall immediately notify | 45829 |
| the owner or user and person in charge of the boiler and shall | 45830 |
| report the same to the superintendent who may revoke, suspend, or | 45831 |
| deny the certificate of operation and not renew the same until the | 45832 |
| boiler or pressure vessel and its fittings are put in condition to | 45833 |
| insure safety of operation, and the owner or user shall not | 45834 |
| operate the boiler or pressure vessel, or permit it to be operated | 45835 |
| until such certificate has been granted or restored. | 45836 |
| (D) If the superintendent or a general boiler inspector finds | 45837 |
| that a pressure vessel or boiler or a part thereof poses an | 45838 |
| explosion hazard that reasonably can be regarded as posing an | 45839 |
| imminent danger of death or serious physical harm to persons, the | 45840 |
| superintendent or the general boiler inspector shall seal the | 45841 |
| pressure vessel or boiler and order, in writing, the operator or | 45842 |
| owner of the pressure vessel or boiler to immediately cease the | 45843 |
| pressure vessel's or boiler's operation. The order shall be | 45844 |
| effective until the nonconformities are eliminated, corrected, or | 45845 |
| otherwise remedied, or for a period of seventy-two hours from the | 45846 |
| time of issuance, whichever occurs first. During the | 45847 |
| seventy-two-hour period, the superintendent may request that the | 45848 |
| prosecuting attorney or city attorney of Franklin county or of the | 45849 |
| county in which the pressure vessel or boiler is located obtain an | 45850 |
| injunction restraining the operator or owner of the pressure | 45851 |
| vessel or boiler from continuing its operation after the | 45852 |
| seventy-two-hour period expires until the nonconformities are | 45853 |
| eliminated, corrected, or otherwise remedied. | 45854 |
| (E) Each boiler which has been inspected shall be assigned a | 45855 |
| number by the superintendent, which number shall be stamped on a | 45856 |
| nonferrous metal tag affixed to the boiler or its fittings by seal | 45857 |
| or otherwise. No person except an inspector shall deface or remove | 45858 |
| any such number or tag. | 45859 |
| (F) If the owner or user of any pressure vessel or boiler | 45860 |
| disagrees with the inspector as to the necessity for shutting down | 45861 |
| a pressure vessel or boiler or for making repairs or alterations | 45862 |
| in it, or taking any other measures for safety that are requested | 45863 |
| by an inspector, the owner or user may appeal from the decision of | 45864 |
| the inspector to the superintendent, who may, after such other | 45865 |
| inspection by a general inspector or special inspector as the | 45866 |
| superintendent deems necessary, decide the issue. | 45867 |
| (G) Neither sections 4104.01 to 4104.20 of the Revised Code, | 45868 |
| nor an inspection or report by any inspector, shall relieve the | 45869 |
| owner or user of a pressure vessel or boiler of the duty of using | 45870 |
| due care in the inspection, operation, and repair of the pressure | 45871 |
| vessel or boiler or of any liability for damages for failure to | 45872 |
| inspect, repair, or operate the pressure vessel or boiler safely. | 45873 |
| Sec. 4104.16. The owner or user of any boiler required by | 45874 |
| sections 4104.01 to 4104.20 of the Revised Code, to be inspected, | 45875 |
|
shall immediately notify the superintendent of | 45876 |
| compliance in case a defect affecting the safety of the boiler is | 45877 |
| discovered. | 45878 |
| The owner or user of any stationary boiler required by such | 45879 |
| sections to be inspected, who moves the same, shall report to the | 45880 |
| superintendent the new location of the boiler. Such boiler shall | 45881 |
| be inspected before it is again operated. | 45882 |
| Sec. 4104.17. Certificates of operation issued for boilers | 45883 |
| subject to inspection under Chapter 4104. of the Revised Code | 45884 |
| shall be issued and renewed in accordance with and at dates | 45885 |
| prescribed by rules and regulations adopted by the superintendent | 45886 |
|
of | 45887 |
| Sec. 4104.18. (A) The owner or user of a boiler required | 45888 |
| under section 4104.12 of the Revised Code to be inspected upon | 45889 |
| installation, and the owner or user of a boiler for which a | 45890 |
| certificate of inspection has been issued which is replaced with | 45891 |
| an appropriate certificate of operation, shall pay to the | 45892 |
|
superintendent of | 45893 |
| of fifty dollars for boilers subject to annual inspections under | 45894 |
| section 4104.11 of the Revised Code, one hundred dollars for | 45895 |
| boilers subject to biennial inspection under section 4104.13 of | 45896 |
| the Revised Code, one hundred fifty dollars for boilers subject to | 45897 |
| triennial inspection under section 4104.11 of the Revised Code, or | 45898 |
| two hundred fifty dollars for boilers subject to quinquennial | 45899 |
| inspection under section 4104.13 of the Revised Code. | 45900 |
| (B) The fee for complete inspection during construction by a | 45901 |
| general inspector on boilers and pressure vessels manufactured | 45902 |
| within the state shall be thirty-five dollars per hour. Boiler and | 45903 |
| pressure vessel manufacturers other than those located in the | 45904 |
| state may secure inspection by a general inspector on work during | 45905 |
| construction, upon application to the superintendent, and upon | 45906 |
| payment of a fee of thirty-five dollars per hour, plus the | 45907 |
| necessary traveling and hotel expenses incurred by the inspector. | 45908 |
| (C) The application fee for applicants for steam engineer, | 45909 |
| high pressure boiler operator, or low pressure boiler operator | 45910 |
| licenses is seventy-five dollars. The fee for each original or | 45911 |
| renewal steam engineer, high pressure boiler operator, or low | 45912 |
| pressure boiler operator license is fifty dollars. | 45913 |
| (D) The director of commerce, subject to the approval of the | 45914 |
| controlling board, may establish fees in excess of the fees | 45915 |
| provided in divisions (A), (B), and (C) of this section. Any | 45916 |
| moneys collected under this section shall be paid into the state | 45917 |
|
treasury to the credit of the
| 45918 |
| operating fund created in section 121.084 of the Revised Code. | 45919 |
| (E) Any person who fails to pay an invoiced renewal fee or an | 45920 |
| invoiced inspection fee required for any inspection conducted by | 45921 |
|
the division of | 45922 |
| chapter within forty-five days of the invoice date shall pay a | 45923 |
| late payment fee equal to twenty-five per cent of the invoiced | 45924 |
| fee. | 45925 |
| (F) In addition to the fees assessed in divisions (A) and (B) | 45926 |
| of this section, the board of building standards shall assess the | 45927 |
| owner or user a fee of three dollars and twenty-five cents for | 45928 |
| each certificate of operation or renewal thereof issued under | 45929 |
| division (A) of this section and for each inspection conducted | 45930 |
| under division (B) of this section. The board shall adopt rules, | 45931 |
| in accordance with Chapter 119. of the Revised Code, specifying | 45932 |
| the manner by which the superintendent shall collect and remit to | 45933 |
| the board the fees assessed under this division and requiring that | 45934 |
| remittance of the fees be made at least quarterly. | 45935 |
| Sec. 4104.19. (A) Any person seeking a license to operate as | 45936 |
| a steam engineer, high pressure boiler operator, or low pressure | 45937 |
| boiler operator shall file a written application with the | 45938 |
|
superintendent of | 45939 |
| by the superintendent with the appropriate application fee as set | 45940 |
| forth in section 4104.18 of the Revised Code. The application | 45941 |
| shall contain information satisfactory to the superintendent to | 45942 |
| demonstrate that the applicant meets the requirements of division | 45943 |
| (B) of this section. The application shall be filed with the | 45944 |
| superintendent not more than sixty days and not less than thirty | 45945 |
| days before the license examination is offered. | 45946 |
| (B) To qualify to take the examination required to obtain a | 45947 |
| steam engineer, high pressure boiler operator, or low pressure | 45948 |
| boiler operator license, a person shall meet both of the following | 45949 |
| requirements: | 45950 |
| (1) Be at least eighteen years of age; | 45951 |
| (2) Have one year of experience in the operation of steam | 45952 |
| engines, high pressure boilers, or low pressure boilers as | 45953 |
| applicable to the type of license being sought, or a combination | 45954 |
| of experience and education for the type of license sought as | 45955 |
| determined to be acceptable by the superintendent. | 45956 |
| (C) No applicant shall qualify to take an examination or to | 45957 |
| renew a license if the applicant has violated this chapter or if | 45958 |
| the applicant has obtained or renewed a license issued under this | 45959 |
| chapter by fraud, misrepresentation, or deception. | 45960 |
| (D) The superintendent shall issue a license to each | 45961 |
| applicant who receives a passing score on the examination, as | 45962 |
| determined by the superintendent, for the license for which the | 45963 |
| applicant applied. | 45964 |
| (E) The superintendent may select and contract with one or | 45965 |
| more persons to do all of the following relative to the | 45966 |
| examinations for a license to operate as a steam engineer, high | 45967 |
| pressure boiler operator, or low pressure boiler operator: | 45968 |
| (1) Prepare, administer, score, and maintain the | 45969 |
| confidentiality of the examination; | 45970 |
| (2) Maintain responsibility for all expenses required to | 45971 |
| fulfill division (E)(1) of this section; | 45972 |
| (3) Charge each applicant a fee for administering the | 45973 |
| examination, in an amount authorized by the superintendent; | 45974 |
| (4) Design the examination for each type of license to | 45975 |
| determine an applicant's competence to operate the equipment for | 45976 |
| which the applicant is seeking licensure. | 45977 |
| (F) Each license issued under this chapter expires one year | 45978 |
| after the date of issue. Each person holding a valid, unexpired | 45979 |
| license may renew the license, without reexamination, by applying | 45980 |
| to the superintendent not more than ninety days before the | 45981 |
| expiration of the license, and submitting with the application the | 45982 |
| renewal fee established in section 4104.18 of the Revised Code. | 45983 |
| Upon receipt of the renewal information and fee, the | 45984 |
| superintendent shall issue the licensee a certificate of renewal. | 45985 |
| (G) The superintendent, in accordance with Chapter 119. of | 45986 |
| the Revised Code, may suspend or revoke any license, or may refuse | 45987 |
| to issue a license under this chapter upon finding that a licensee | 45988 |
| or an applicant for a license has violated or is violating the | 45989 |
| requirements of this chapter. | 45990 |
| Sec. 4104.21. On receipt of a notice pursuant to section | 45991 |
|
3123.43 of the Revised Code, the superintendent of | 45992 |
| industrial compliance shall comply with sections 3123.41 to | 45993 |
| 3123.50 of the Revised Code and any applicable rules adopted under | 45994 |
| section 3123.63 of the Revised Code with respect to a certificate | 45995 |
| or license issued pursuant to this chapter. | 45996 |
| Sec. 4104.33. There is hereby created the historical boilers | 45997 |
| licensing board consisting of seven members, three of whom shall | 45998 |
| be appointed by the governor with the advice and consent of the | 45999 |
| senate. The governor shall make initial appointments to the board | 46000 |
| within ninety days after October 24, 2002. Of the initial members | 46001 |
| appointed by the governor, one shall be for a term ending three | 46002 |
| years after October 24, 2002, one shall be for a term ending four | 46003 |
| years after October 24, 2002, and one shall be for a term ending | 46004 |
| five years after October 24, 2002. Thereafter, terms of office | 46005 |
| shall be for five years, each term ending on the same day of the | 46006 |
| same month of the year as did the term that it succeeds. Of the | 46007 |
| three members the governor appoints, one member shall be an | 46008 |
| employee of the division of boiler inspection in the department of | 46009 |
| commerce; one member shall be an independent mechanical engineer | 46010 |
| who is not involved in selling or inspecting historical boilers; | 46011 |
| and one shall be an active member of an association that | 46012 |
| represents managers of fairs or festivals. | 46013 |
| Two members of the board shall be appointed by the president | 46014 |
| of the senate and two members of the board shall be appointed by | 46015 |
| the speaker of the house of representatives. The president and | 46016 |
| speaker shall make initial appointments to the board within ninety | 46017 |
| days after October 24, 2002. Of the initial members appointed by | 46018 |
| the president, one shall be for a term ending four years after | 46019 |
| October 24, 2002 and one shall be for a term ending five years | 46020 |
| after October 24, 2002. Of the initial members appointed by the | 46021 |
| speaker, one shall be for a term ending three years after October | 46022 |
| 24, 2002 and one shall be for a term ending five years after | 46023 |
| October 24, 2002. Thereafter, terms of office shall be for five | 46024 |
| years, each term ending on the same day of the same month of the | 46025 |
| year as did the term that it succeeds. Of the four members | 46026 |
| appointed by the president and speaker, each shall own a | 46027 |
| historical boiler and also have at least ten years of experience | 46028 |
| in the operation of historical boilers, and each of these four | 46029 |
| members shall reside in a different region of the state. | 46030 |
| Each member shall hold office from the date of the member's | 46031 |
| appointment until the end of the term for which the member was | 46032 |
| appointed. Members may be reappointed. Vacancies shall be filled | 46033 |
| in the manner provided for initial appointments. Any member | 46034 |
| appointed to fill a vacancy occurring prior to the expiration date | 46035 |
| of the term for which the member's predecessor was appointed shall | 46036 |
| hold office as a member for the remainder of that term. A member | 46037 |
| shall continue in office subsequent to the expiration date of the | 46038 |
| member's term until the successor takes office or until a period | 46039 |
| of sixty days has elapsed, whichever occurs first. | 46040 |
| The members of the board, annually, shall elect, by majority | 46041 |
| vote, a chairperson from among their members. The board shall meet | 46042 |
| at least once annually and at other times at the call of the | 46043 |
| chairperson. Board members shall receive their actual and | 46044 |
| necessary expenses incurred in the discharge of their duties as | 46045 |
| board members. | 46046 |
| The superintendent of
| 46047 |
| furnish office space, staff, and supplies to the board as the | 46048 |
| superintendent determines are necessary for the board to carry out | 46049 |
| its official duties under sections 4104.33 to 4104.37 of the | 46050 |
| Revised Code. | 46051 |
| Sec. 4104.42. (A) The owner of any power piping or process | 46052 |
| piping system shall ensure that all of the following are performed | 46053 |
| in compliance with applicable sections of the B31 standards | 46054 |
| contained in the code for pressure piping, published by the | 46055 |
| American society of mechanical engineers: | 46056 |
| (1) The design, fabrication, assembly, installation, testing, | 46057 |
| examination, and inspection of power and process piping systems; | 46058 |
| (2) Qualification of personnel and qualification of welding | 46059 |
| and brazing procedures; | 46060 |
| (3) The implementation of an inspection program. | 46061 |
| (B) The owner of a power piping or process piping system | 46062 |
| shall do both of the following: | 46063 |
| (1) Maintain for five years complete records documenting the | 46064 |
| design, examination, and testing of the piping system that include | 46065 |
| all of the following: | 46066 |
| (a) The specific edition of the code for pressure piping used | 46067 |
| in the design; | 46068 |
| (b) The design assumptions; | 46069 |
| (c) The calculations, piping material specifications, and | 46070 |
| construction documents for the piping; | 46071 |
| (d) The records of piping alterations; | 46072 |
| (e) The piping examination and inspection records. | 46073 |
| (2) Disclose the types and quantities of flammable, | 46074 |
| combustible, or hazardous materials proposed to be used in the | 46075 |
| facility to the building and fire code enforcement authorities who | 46076 |
| have inspection authority to enable those authorities to determine | 46077 |
| compliance with the rules the board of building standards adopts | 46078 |
| pursuant to section 3781.10 of the Revised Code and the rules the | 46079 |
| state fire marshal adopts pursuant to section 3737.82 of the | 46080 |
| Revised Code. | 46081 |
| (C) No person or state agency shall require that the records | 46082 |
| described in division (B)(1) of this section be submitted to the | 46083 |
|
division of | 46084 |
| commerce or to a certified building department for approval. | 46085 |
| (D) Nothing in this section limits the application of | 46086 |
| Chapters 4703. and 4733. of the Revised Code. | 46087 |
| Sec. 4104.43. (A)(1) The board of building standards shall | 46088 |
| adopt rules establishing requirements for the design, | 46089 |
| installation, inspection of and design review procedure for | 46090 |
| building services piping. | 46091 |
| (2) The board of building standards shall adopt rules | 46092 |
| establishing requirements for the design, installation, inspection | 46093 |
| of and design review procedure for nonflammable medical gas, | 46094 |
| medical oxygen, and medical vacuum piping systems. | 46095 |
| (B) A municipal, township, or county building department | 46096 |
| certified under division (E) of section 3781.10 of the Revised | 46097 |
| Code shall enforce the rules the board adopts pursuant to division | 46098 |
| (A)(2) of this section if that building department requests and | 46099 |
| obtains special certification to enforce those rules. | 46100 |
| (C) In a health district where no municipal, township, or | 46101 |
| county building department is specially certified under division | 46102 |
| (B) of this section, an employee of the health district shall | 46103 |
| enforce the rules adopted pursuant to division (A)(2) of this | 46104 |
| section if both of the following conditions are satisfied: | 46105 |
| (1) The health district employee requests and obtains special | 46106 |
| certification by the board to enforce those rules. | 46107 |
| (2) The health district notifies the superintendent of the | 46108 |
|
division of | 46109 |
| commerce that the health district's specially certified employee | 46110 |
| shall enforce those rules. | 46111 |
| (D) In a jurisdiction where enforcement authority as | 46112 |
| described in divisions (B) and (C) of this section does not exist, | 46113 |
|
the superintendent of | 46114 |
| the rules the board adopts pursuant to division (A)(2) of this | 46115 |
| section. | 46116 |
| Sec. 4104.44. All welding and brazing of metallic piping | 46117 |
| systems shall be performed in accordance with section IX of the | 46118 |
| boiler and pressure vessel code, published by the American society | 46119 |
| of mechanical engineers. The owner shall maintain, at the job | 46120 |
| site, the certified performance qualification records of all | 46121 |
| welders and brazers employed at the facility. The owner shall | 46122 |
| submit copies of all certified welding and brazing procedure | 46123 |
| specifications, procedure qualification records, and performance | 46124 |
| qualification records for building services piping for review to | 46125 |
|
the superintendent of | 46126 |
| department of commerce in accordance with rules the superintendent | 46127 |
| adopts. The submission shall be accompanied by the fee the | 46128 |
| superintendent establishes. | 46129 |
| Sec. 4104.48. (A) No person shall violate sections 4104.41 | 46130 |
| to 4104.48 of the Revised Code, fail to perform any duty lawfully | 46131 |
| enjoined in connection with those sections, or fail to comply with | 46132 |
|
any order issued by the superintendent of | 46133 |
| compliance or any judgment or decree issued by any court in | 46134 |
| connection with the enforcement of sections 4104.41 to 4104.48 of | 46135 |
| the Revised Code. | 46136 |
| (B) Every day during which a person violates sections 4104.41 | 46137 |
| to 4104.48 of the Revised Code, fails to perform any duty lawfully | 46138 |
| enjoined in connection with those sections, or fails to comply | 46139 |
| with any order issued by the superintendent or any judgment or | 46140 |
| decree issued by any court in connection with the enforcement of | 46141 |
| sections 4104.41 to 4104.48 of the Revised Code constitutes a | 46142 |
| separate offense. | 46143 |
| Sec. 4105.01. As used in this chapter: | 46144 |
| (A) "Elevator" means a hoisting and lowering apparatus | 46145 |
| equipped with a car, cage, or platform which moves on or between | 46146 |
| permanent rails or guides and serves two or more fixed landings in | 46147 |
| a building or structure to which section 3781.06 of the Revised | 46148 |
| Code applies. "Elevator" includes dumb-waiters other than | 46149 |
|
hand-powered dumb-waiters, escalators,
| 46150 |
| moving walks, of the endless belt type, other lifting or lowering | 46151 |
| apparatus permanently installed on or between rails or guides, and | 46152 |
| all equipment, machinery, and construction related to any | 46153 |
| elevator; but does not include construction hoists and other | 46154 |
| similar temporary lifting or lowering apparatuses, ski lifts, | 46155 |
| traveling, portable amusement rides or devices that are not | 46156 |
| affixed to a permanent foundation, or nonportable amusement rides | 46157 |
| or devices that are affixed to a permanent foundation. | 46158 |
| (B) "Passenger elevator" means an elevator that is designed | 46159 |
| to carry persons to its contract capacity. | 46160 |
| (C) "Freight elevator" means an elevator normally used for | 46161 |
| carrying freight and on which only the operator and employees in | 46162 |
| the pursuit of their duties, by the permission of the employer, | 46163 |
| are allowed to ride. | 46164 |
| (D) "Gravity elevator" means an elevator utilizing gravity to | 46165 |
| move. | 46166 |
| (E) "General inspector" means a state inspector examined and | 46167 |
| hired to inspect elevators and lifting apparatus for that state. | 46168 |
| (F) "Special inspector" means an inspector examined and | 46169 |
|
commissioned by the superintendent of | 46170 |
| to inspect elevators and lifting apparatus in the state. | 46171 |
| (G) "Inspector" means either a general or special inspector. | 46172 |
| Sec. 4105.02. No person may act, either as a general | 46173 |
| inspector or as a special inspector, of elevators, unless the | 46174 |
| person holds a certificate of competency from the division of | 46175 |
| 46176 |
| Application for examination as an inspector of elevators | 46177 |
| shall be in writing, accompanied by a fee to be established as | 46178 |
| provided in section 4105.17 of the Revised Code, and upon a blank | 46179 |
| to be furnished by the division, stating the school education of | 46180 |
| the applicant, a list of the applicant's employers, the | 46181 |
| applicant's period of employment, and the position held with each. | 46182 |
| An applicant shall also submit a letter from one or more of the | 46183 |
| applicant's previous employers certifying as to the applicant's | 46184 |
| character and experience. | 46185 |
| Applications shall be rejected which contain any willful | 46186 |
| falsification or untruthful statements. An applicant, if the | 46187 |
| division considers the applicant's history and experience | 46188 |
|
sufficient, shall be examined by the superintendent of | 46189 |
| industrial compliance by a written examination dealing with the | 46190 |
| construction, installation, operation, maintenance, and repair of | 46191 |
| elevators and their appurtenances, and the applicant shall be | 46192 |
| accepted or rejected on the merits of the applicant's application | 46193 |
| and examination. | 46194 |
| The superintendent shall issue a certificate of competency in | 46195 |
| the inspection of elevators to any applicant found competent upon | 46196 |
| examination. A rejected applicant shall be entitled, after the | 46197 |
| expiration of ninety days and upon payment of an examination fee | 46198 |
| to be established as provided in section 4105.17 of the Revised | 46199 |
| Code, to another examination. Should an applicant fail to pass the | 46200 |
| prescribed examination on second trial, the applicant will not be | 46201 |
| permitted to be an applicant for another examination for a period | 46202 |
| of one year after the second examination. | 46203 |
| Sec. 4105.03. The superintendent of | 46204 |
| compliance, with the consent of the director of commerce, shall | 46205 |
| hire an assistant who has at least ten years of experience in the | 46206 |
| construction, installation, maintenance, and repair of elevators | 46207 |
| and their appurtenances. | 46208 |
| The superintendent, with the consent of the director, and in | 46209 |
| compliance with Chapter 124. of the Revised Code, may appoint and | 46210 |
| hire general inspectors of elevators from the holders of | 46211 |
| certificates of competency. | 46212 |
| Sec. 4105.04. From the holders of certificates of competency | 46213 |
| in the inspection of elevators, any company that is authorized to | 46214 |
| insure elevators in the state, may designate persons to inspect | 46215 |
| elevators covered by such company's policies, and the department | 46216 |
| of public safety of any city and the clerk of any village may | 46217 |
| designate persons to inspect elevators in such city or village. | 46218 |
| Such persons shall, upon the payment of a fee to be established as | 46219 |
| provided in section 4105.17 of the Revised Code, have issued to | 46220 |
|
them annually by the division of | 46221 |
| commissions to serve as special inspectors of elevators in the | 46222 |
| state. | 46223 |
| Sec. 4105.05. A commission to serve as a special inspector | 46224 |
|
may be suspended or revoked by the superintendent of | 46225 |
| industrial compliance, for the incompetence or untrustworthiness | 46226 |
| of the holder thereof, or for the falsification of any matter or | 46227 |
| statement contained in the holder's application or in a report of | 46228 |
| any inspection. | 46229 |
| Sec. 4105.06. If a certificate or commission issued under | 46230 |
| sections 4105.02 and 4105.04 of the Revised Code is lost or | 46231 |
| destroyed a new one shall be issued in its place by the division | 46232 |
|
of | 46233 |
| the payment of a fee to be established as provided in section | 46234 |
| 4105.07 of the Revised Code. | 46235 |
| Sec. 4105.09. The owner or user of any elevator shall | 46236 |
|
register, with the division of | 46237 |
| elevator operated by the owner or user, giving the type, capacity, | 46238 |
| and description, name of manufacturer, and purpose for which each | 46239 |
| is used. Such registration shall be made on a form to be furnished | 46240 |
| by the division. | 46241 |
| Sec. 4105.11. The inspection of elevators shall be made by | 46242 |
| the inspectors authorized in sections 4105.03 and 4105.04 of the | 46243 |
| Revised Code, under the supervision of the superintendent of | 46244 |
| 46245 | |
| this chapter and any rules adopted pursuant thereto. | 46246 |
| Every inspector shall forward to the superintendent a full | 46247 |
| and complete report of each inspection made of any elevator and | 46248 |
| shall, on the day the inspection is completed, leave a copy of | 46249 |
| such report with the owner or operator of the elevator, or the | 46250 |
| owner's or operator's agent or representative. Such report shall | 46251 |
| indicate the exact condition of the elevator and shall list any | 46252 |
| and all of the provisions of this chapter and any rules adopted | 46253 |
| pursuant thereto, with which the elevator does not comply. Before | 46254 |
| attempting to enforce, by any remedy, civil or criminal, the | 46255 |
| provisions with which the inspected elevator does not comply, the | 46256 |
| chief shall issue an adjudication order within the meaning of | 46257 |
| Chapter 119. of the Revised Code. | 46258 |
| The approval of construction plans, or an application of | 46259 |
| specifications under section 4105.16 of the Revised Code is a | 46260 |
| license, and the failure to approve such plans or specifications | 46261 |
| by the chief within sixty days after they are filed is an | 46262 |
| adjudication order denying the issuance of a license. | 46263 |
| Every adjudication order shall specify what appliances, site | 46264 |
| preparations, additions, repairs, or alterations to any elevators, | 46265 |
| plans, materials, assemblages, or procedures are necessary for the | 46266 |
| same to comply with this chapter, or any rules adopted pursuant | 46267 |
| thereto. Such adjudication order shall be issued pursuant to | 46268 |
| Chapter 119. of the Revised Code and shall be effective without | 46269 |
| prior hearing, within thirty days after the receipt of such order, | 46270 |
| the owner of the elevator specified therein may appeal to the | 46271 |
| board of building appeals under section 3781.19 of the Revised | 46272 |
| Code. | 46273 |
| Notwithstanding the provisions of Chapter 119. of the Revised | 46274 |
| Code relating to adjudication hearings, a stenographic or | 46275 |
| mechanical record of the testimony and other evidence submitted | 46276 |
| before the board of building appeals shall be taken at the expense | 46277 |
| of the agency. A party adversely affected by an order issued | 46278 |
| following such adjudication hearing may appeal to the court of | 46279 |
| common pleas of the county in which the party is a resident or in | 46280 |
| which the elevator affected by such order is located. The court in | 46281 |
| such case shall not be confined to the record as certified to it | 46282 |
| by the agency, but any party may produce additional evidence and | 46283 |
| the court shall hear the matter upon such record and such | 46284 |
| additional evidence as is introduced by any party. The court shall | 46285 |
| not affirm the order of the agency unless the preponderance of the | 46286 |
| evidence before it supports the reasonableness and lawfulness of | 46287 |
| such order, and of any rules upon which the order of the agency is | 46288 |
| based in its application to the facts involved in the appeal. | 46289 |
| Failure to comply with the requirements of any order issued | 46290 |
| pursuant to this section or the continued operation of any | 46291 |
| elevator after it has been sealed pursuant to section 4105.21 of | 46292 |
| the Revised Code is hereby declared a public nuisance. | 46293 |
| Sec. 4105.12. (A) The superintendent of
| 46294 |
| compliance shall adopt, amend, and repeal rules exclusively for | 46295 |
| the issuance, renewal, suspension, and revocation of certificates | 46296 |
| of competency and certificates of operation, for the conduct of | 46297 |
| hearings related to these actions, and for the inspection of | 46298 |
| elevators. | 46299 |
| (B) Notwithstanding division (A) of this section, the | 46300 |
| superintendent shall not adopt rules relating to construction, | 46301 |
| maintenance, and repair of elevators. | 46302 |
| Sec. 4105.13. Every elevator shall be constructed, equipped, | 46303 |
| maintained, and operated, with respect to the supporting members, | 46304 |
| elevator car, shaftways, guides, cables, doors, and gates, safety | 46305 |
| stops and mechanism, electrical apparatus and wiring, mechanical | 46306 |
| apparatus, counterweights, and all other appurtenances, in | 46307 |
| accordance with state laws and rules as are authorized in respect | 46308 |
| thereto. Where reasonable safety is obtained without complying to | 46309 |
| the literal requirements of such rules as in cases of practical | 46310 |
| difficulty or unnecessary hardship, the literal requirements of | 46311 |
|
such rules shall not be required. The superintendent of | 46312 |
| industrial compliance may permit the installation of vertical | 46313 |
| wheelchair lifts in public buildings to provide for handicapped | 46314 |
| accessibility where such lifts do not meet the literal | 46315 |
| requirements of the rules adopted by the board of building | 46316 |
| standards pursuant to section 4105.011 of the Revised Code, | 46317 |
| provided that reasonable safety may be obtained. | 46318 |
| Sec. 4105.15. No certificate of operation for any elevator | 46319 |
| shall be issued by the director of commerce until such elevator | 46320 |
| has been inspected as required by this chapter. Certificates of | 46321 |
| operation shall be renewed by the owner or user of the elevator in | 46322 |
|
accordance with rules adopted by the superintendent of | 46323 |
| industrial compliance pursuant to section 4105.12 of the Revised | 46324 |
| Code. | 46325 |
| Sec. 4105.16. Before any new installation of an elevator of | 46326 |
| permanent nature is erected or before any existing elevator is | 46327 |
| removed to and installed in a different location, an application | 46328 |
| of specifications in duplicate shall be submitted to the division | 46329 |
|
of | 46330 |
| the construction, installation, and operation of said elevator as | 46331 |
| the division may require on forms to be furnished by the division, | 46332 |
| together with complete construction plans in duplicate. In all | 46333 |
| cases where any changes or repairs are made which alter its | 46334 |
| construction of classification, grade or rated lifting capacity, | 46335 |
| except when made pursuant to a report of an inspector, an | 46336 |
| application of specifications in duplicate shall be submitted to | 46337 |
| the division, containing such information, or approval, except in | 46338 |
| those municipal corporations which maintain their own elevator | 46339 |
| inspection departments, in which event such specifications shall | 46340 |
| be submitted to the elevator department of the municipal | 46341 |
| corporation for its approval, and if approved, a permit for the | 46342 |
| erection or repair of such elevator shall be issued by the | 46343 |
| municipal corporation. Upon approval of such application and | 46344 |
|
construction plans, the superintendent of
| 46345 |
| compliance shall issue a permit for the erection or repair of such | 46346 |
| elevator. No new elevator shall be operated until completion in | 46347 |
| accordance with the approved plans and specifications, unless a | 46348 |
| temporary permit is granted by the division. | 46349 |
| The final inspection, before operation, of a permanent, new | 46350 |
| or repaired elevator shall be made by a general inspector or a | 46351 |
| special inspector designated by the superintendent. | 46352 |
| Sec. 4105.17. (A) The fee for each inspection, or attempted | 46353 |
| inspection that, due to no fault of a general inspector or the | 46354 |
|
division of | 46355 |
| completed, by a general inspector before the operation of a | 46356 |
| permanent new elevator prior to the issuance of a certificate of | 46357 |
| operation, before operation of an elevator being put back into | 46358 |
| service after a repair or after an adjudication under section | 46359 |
| 4105.11 of the Revised Code, or as a result of the operation of | 46360 |
| section 4105.08 of the Revised Code and is an elevator required to | 46361 |
| be inspected under this chapter is one hundred twenty dollars plus | 46362 |
| ten dollars for each floor where the elevator stops. The | 46363 |
|
superintendent of | 46364 |
| additional fee of one hundred twenty dollars plus ten dollars for | 46365 |
| each floor where an elevator stops for the reinspection of an | 46366 |
| elevator when a previous attempt to inspect that elevator has been | 46367 |
| unsuccessful through no fault of a general inspector or the | 46368 |
|
division of | 46369 |
| (B) The fee for each inspection, or attempted inspection, | 46370 |
| that due to no fault of the general inspector or the division, is | 46371 |
| not successfully completed by a general inspector before operation | 46372 |
| of a permanent new escalator or moving walk prior to the issuance | 46373 |
| of a certificate of operation, before operation of an escalator or | 46374 |
| moving walk being put back in service after a repair, or as a | 46375 |
| result of the operation of section 4105.08 of the Revised Code is | 46376 |
| three hundred dollars. The superintendent may assess an additional | 46377 |
| fee of one hundred fifty dollars for the reinspection of an | 46378 |
| escalator or moving walk when a previous attempt to inspect that | 46379 |
| escalator or moving walk has been unsuccessful through no fault of | 46380 |
| the general inspector or the division. | 46381 |
| (C) The fee for issuing or renewing a certificate of | 46382 |
| operation under section 4105.15 of the Revised Code for an | 46383 |
| elevator that is inspected every six months in accordance with | 46384 |
| division (A) of section 4105.10 of the Revised Code is two hundred | 46385 |
| twenty dollars plus twelve dollars for each floor where the | 46386 |
| elevator stops, except where the elevator has been inspected by a | 46387 |
| special inspector in accordance with section 4105.07 of the | 46388 |
| Revised Code. | 46389 |
| (D) The fee for issuing or renewing a certificate of | 46390 |
| operation under section 4105.05 of the Revised Code for an | 46391 |
| elevator that is inspected every twelve months in accordance with | 46392 |
| division (A) of section 4105.10 of the Revised Code is fifty-five | 46393 |
| dollars plus ten dollars for each floor where the elevator stops, | 46394 |
| except where the elevator has been inspected by a special | 46395 |
| inspector in accordance with section 4105.07 of the Revised Code. | 46396 |
| (E) The fee for issuing or renewing a certificate of | 46397 |
| operation under section 4105.15 of the Revised Code for an | 46398 |
| escalator or moving walk is three hundred dollars, except where | 46399 |
| the escalator or moving walk has been inspected by a special | 46400 |
| inspector in accordance section 4105.07 of the Revised Code. | 46401 |
| (F) All other fees to be charged for any examination given or | 46402 |
| other service performed by the division pursuant to this chapter | 46403 |
| shall be prescribed by the director of commerce. The fees shall be | 46404 |
| reasonably related to the costs of such examination or other | 46405 |
| service. | 46406 |
| (G) The director of commerce, subject to the approval of the | 46407 |
| controlling board, may establish fees in excess of the fees | 46408 |
| provided in divisions (A), (B), (C), (D), and (E) of this section. | 46409 |
| Any moneys collected under this section shall be paid into the | 46410 |
|
state treasury to the credit of the
| 46411 |
| operating fund created in section 121.084 of the Revised Code. | 46412 |
| (H) Any person who fails to pay an inspection fee required | 46413 |
| for any inspection conducted by the division pursuant to this | 46414 |
| chapter within forty-five days after the inspection is conducted | 46415 |
| shall pay a late payment fee equal to twenty-five per cent of the | 46416 |
| inspection fee. | 46417 |
| (I) In addition to the fees assessed in divisions (A), (B), | 46418 |
| (C), (D), and (E) of this section, the board of building standards | 46419 |
| shall assess a fee of three dollars and twenty-five cents for each | 46420 |
| certificate of operation or renewal thereof issued under divisions | 46421 |
| (A), (B), (C), (D), or (E) of this section and for each permit | 46422 |
| issued under section 4105.16 of the Revised Code. The board shall | 46423 |
| adopt rules, in accordance with Chapter 119. of the Revised Code, | 46424 |
| specifying the manner by which the superintendent shall collect | 46425 |
| and remit to the board the fees assessed under this division and | 46426 |
| requiring that remittance of the fees be made at least quarterly. | 46427 |
| (J) For purposes of this section: | 46428 |
| (1) "Escalator" means a power driven, inclined, continuous | 46429 |
| stairway used for raising or lowering passengers. | 46430 |
| (2) "Moving walk" means a passenger carrying device on which | 46431 |
| passengers stand or walk, with a passenger carrying surface that | 46432 |
| is uninterrupted and remains parallel to its direction of motion. | 46433 |
| Sec. 4105.191. Any person owning or operating any elevator | 46434 |
| subject to this chapter shall file a written report with the | 46435 |
|
superintendent of | 46436 |
| hours after the occurrence of any accident involving such elevator | 46437 |
| which results in death or bodily injury to any person. | 46438 |
| Sec. 4105.20. No person shall violate any law relative to | 46439 |
| the operation, construction, maintenance, and repair of elevators. | 46440 |
| All fines collected for violation of this section shall be | 46441 |
|
forwarded to the superintendent of | 46442 |
| who shall pay them into the state treasury to the credit of the | 46443 |
| 46444 | |
| 121.084 of the Revised Code. | 46445 |
| Sec. 4105.21. The superintendent of | 46446 |
| compliance shall enforce this chapter. If the superintendent or a | 46447 |
| general inspector of elevators finds that an elevator or a part | 46448 |
| thereof does not afford reasonable safety as required by section | 46449 |
| 4105.13 of the Revised Code, the superintendent or the general | 46450 |
| inspector may seal such elevator and post a notice thereon | 46451 |
| prohibiting further use of the elevator until the changes or | 46452 |
| alterations set forth in the notice have been made to the | 46453 |
| satisfaction of the superintendent or the inspector. The notice | 46454 |
| shall contain a statement that operators or passengers are subject | 46455 |
| to injury by its continued use, a description of the alteration or | 46456 |
| other change necessary to be made in order to secure safety of | 46457 |
| operation, date of such notice, name and signature of the | 46458 |
| superintendent or inspector issuing the notice. | 46459 |
| Sec. 4115.10. (A) No person, firm, corporation, or public | 46460 |
| authority that constructs a public improvement with its own | 46461 |
| forces, the total overall project cost of which is fairly | 46462 |
| estimated to be more than the amounts set forth in division (B) of | 46463 |
| section 4115.03 of the Revised Code, adjusted biennially by the | 46464 |
| director of commerce pursuant to section 4115.034 of the Revised | 46465 |
| Code, as appropriate, shall violate the wage provisions of | 46466 |
| sections 4115.03 to 4115.16 of the Revised Code, or suffer, | 46467 |
| permit, or require any employee to work for less than the rate of | 46468 |
| wages so fixed, or violate the provisions of section 4115.07 of | 46469 |
| the Revised Code. Any employee upon any public improvement, except | 46470 |
| an employee to whom or on behalf of whom restitution is made | 46471 |
| pursuant to division (C) of section 4115.13 of the Revised Code, | 46472 |
| who is paid less than the fixed rate of wages applicable thereto | 46473 |
| may recover from such person, firm, corporation, or public | 46474 |
| authority that constructs a public improvement with its own forces | 46475 |
| the difference between the fixed rate of wages and the amount paid | 46476 |
| to the employee and in addition thereto a sum equal to twenty-five | 46477 |
| per cent of that difference. The person, firm, corporation, or | 46478 |
| public authority who fails to pay the rate of wages so fixed also | 46479 |
| shall pay a penalty to the director of seventy-five per cent of | 46480 |
| the difference between the fixed rate of wages and the amount paid | 46481 |
| to the employees on the public improvement. The director shall | 46482 |
| deposit all moneys received from penalties paid to the director | 46483 |
|
pursuant to this section into the | 46484 |
| operating fund. The director shall use the fund for the | 46485 |
| enforcement of sections 4115.03 to 4115.16 of the Revised Code. | 46486 |
| The employee may file suit for recovery within ninety days of the | 46487 |
| director's determination of a violation of sections 4115.03 to | 46488 |
| 4115.16 of the Revised Code or is barred from further action under | 46489 |
| this division. Where the employee prevails in a suit, the employer | 46490 |
| shall pay the costs and reasonable attorney's fees allowed by the | 46491 |
| court. | 46492 |
| (B) Any employee upon any public improvement who is paid less | 46493 |
| than the prevailing rate of wages applicable thereto may file a | 46494 |
| complaint in writing with the director upon a form furnished by | 46495 |
| the director. The complaint shall include documented evidence to | 46496 |
| demonstrate that the employee was paid less than the prevailing | 46497 |
| wage in violation of this chapter. Upon receipt of a properly | 46498 |
| completed written complaint of any employee paid less than the | 46499 |
| prevailing rate of wages applicable, the director shall take an | 46500 |
| assignment of a claim in trust for the assigning employee and | 46501 |
| bring any legal action necessary to collect the claim. The | 46502 |
| employer shall pay the costs and reasonable attorney's fees | 46503 |
| allowed by the court if the employer is found in violation of | 46504 |
| sections 4115.03 to 4115.16 of the Revised Code. | 46505 |
| (C) If after investigation pursuant to section 4115.13 of the | 46506 |
| Revised Code, the director determines there is a violation of | 46507 |
| sections 4115.03 to 4115.16 of the Revised Code and a period of | 46508 |
| sixty days has elapsed from the date of the determination, and if: | 46509 |
| (1) No employee has brought suit pursuant to division (A) of | 46510 |
| this section; | 46511 |
| (2) No employee has requested that the director take an | 46512 |
| assignment of a wage claim pursuant to division (B) of this | 46513 |
| section. | 46514 |
| The director shall bring any legal action necessary to | 46515 |
| collect any amounts owed to employees and the director. The | 46516 |
| director shall pay over to the affected employees the amounts | 46517 |
| collected to which the affected employees are entitled under | 46518 |
| division (A) of this section. In any action in which the director | 46519 |
| prevails, the employer shall pay the costs and reasonable | 46520 |
| attorney's fees allowed by the court. | 46521 |
| (D) Where persons are employed and their rate of wages has | 46522 |
| been determined as provided in section 4115.04 of the Revised | 46523 |
| Code, no person, either for self or any other person, shall | 46524 |
| request, demand, or receive, either before or after the person is | 46525 |
| engaged, that the person so engaged pay back, return, donate, | 46526 |
| contribute, or give any part or all of the person's wages, salary, | 46527 |
| or thing of value, to any person, upon the statement, | 46528 |
| representation, or understanding that failure to comply with such | 46529 |
| request or demand will prevent the procuring or retaining of | 46530 |
| employment, and no person shall, directly or indirectly, aid, | 46531 |
| request, or authorize any other person to violate this section. | 46532 |
| This division does not apply to any agent or representative of a | 46533 |
| duly constituted labor organization acting in the collection of | 46534 |
| dues or assessments of such organization. | 46535 |
| (E) The director shall enforce sections 4115.03 to 4115.16 of | 46536 |
| the Revised Code. | 46537 |
| (F) For the purpose of supplementing existing resources and | 46538 |
| to assist in enforcing division (E) of this section, the director | 46539 |
| may contract with a person registered as a public accountant under | 46540 |
| Chapter 4701. of the Revised Code to conduct an audit of a person, | 46541 |
| firm, corporation, or public authority. | 46542 |
| (G) No contractor or subcontractor shall be responsible for | 46543 |
| the payment of the penalties provided in division (A) of this | 46544 |
| section resulting from a violation of sections 4115.03 to 4115.16 | 46545 |
| of the Revised Code by its subcontractor, provided that the | 46546 |
| contractor or subcontractor has made a good faith effort to ensure | 46547 |
| that its subcontractor complied with the requirements of sections | 46548 |
| 4115.03 to 4115.16 of the Revised Code. | 46549 |
| Sec. 4115.101. There is hereby created the prevailing wage | 46550 |
| custodial fund, which shall be in the custody of the treasurer of | 46551 |
| state but shall not be part of the state treasury. The director of | 46552 |
| commerce shall deposit to the fund all money paid by employers to | 46553 |
| the director that are held in trust for employees to whom | 46554 |
| prevailing wages are due and owing. The director shall make | 46555 |
| disbursements from the fund in accordance with this chapter to | 46556 |
| employees affected by violations of this chapter. If the director | 46557 |
| determines that any funds in the prevailing wage custodial fund | 46558 |
| are not returnable to employees as required under this section, | 46559 |
| then the director shall certify to the treasurer of state the | 46560 |
| amount of the funds that are not returnable. Upon the receipt of a | 46561 |
| certification from the director in accordance with this section, | 46562 |
| the treasurer of state shall transfer the certified amount of the | 46563 |
|
funds from the prevailing wage custodial fund to the | 46564 |
| industrial compliance operating fund. | 46565 |
| Sec. 4121.123. (A) There is hereby created the workers' | 46566 |
| compensation board of directors nominating committee consisting of | 46567 |
| the following: | 46568 |
| (1) Three individuals who are members of affiliated employee | 46569 |
| organizations of the Ohio chapter of the American federation of | 46570 |
| labor-congress of industrial organizations, who are selected by | 46571 |
| the Ohio chapter of the American federation of labor-congress of | 46572 |
| industrial organizations and who, on account of their previous | 46573 |
| vocation, employment, or affiliations, can be classed as | 46574 |
| representative of employees who are members of an employee | 46575 |
| organization. Terms of office shall be for one year, with each | 46576 |
| term ending on the same day of the same month as did the term that | 46577 |
| it succeeds. | 46578 |
| (2) Two individuals who, on account of their previous | 46579 |
| vocation, employment, or affiliations, can be classed as | 46580 |
| representative of employees, one of whom shall be an injured | 46581 |
| worker with a valid, open, and active workers' compensation claim | 46582 |
| and at least one of these two representatives also shall represent | 46583 |
| employees who are not members of an employee organization. The | 46584 |
| president of the senate and the speaker of the house of | 46585 |
| representatives each shall appoint annually one of these members. | 46586 |
| The member who is an injured worker shall serve for a full term | 46587 |
| even if the member's workers' compensation claim is invalidated, | 46588 |
| closed, or inactivated during the member's term. | 46589 |
| (3) The chief executive officer, or the equivalent of the | 46590 |
| chief executive officer, of the Ohio chamber of commerce, the Ohio | 46591 |
| manufacturers' association, the Ohio self-insurers' association, | 46592 |
| the Ohio council of retail merchants, the national federation of | 46593 |
| independent business, and the Ohio farm bureau; | 46594 |
| (4) The director of development; | 46595 |
| (5) The president of the Ohio township association and the | 46596 |
|
president of the Ohio county commissioners association, or | 46597 |
| any of the following circumstances apply: | 46598 |
| (a) In the event of a vacancy in | 46599 |
| designee appointed by the governing body authorized to appoint the | 46600 |
| president. A designee so appointed shall serve on the nominating | 46601 |
| committee only until the vacancy in the presidency is filled. | 46602 |
| (b) In the event that the president of the Ohio township | 46603 |
| association is unavailable, a designee selected by the president; | 46604 |
| (c) In the event that the president of the Ohio county | 46605 |
| commissioners association is unavailable, a designee selected by | 46606 |
| the president. | 46607 |
| (B) Each member appointed under divisions (A)(1) and (2) of | 46608 |
| this section shall hold office from the date of the member's | 46609 |
| appointment until the end of the term for which the member was | 46610 |
| appointed. Such members may be reappointed. Vacancies shall be | 46611 |
| filled in the manner provided for original appointments. Any such | 46612 |
| member appointed to fill a vacancy occurring prior to the | 46613 |
| expiration date of the term for which the member's predecessor was | 46614 |
| appointed shall hold office as a member for the remainder of that | 46615 |
| term. Such a member shall continue in office subsequent to the | 46616 |
| expiration date of the member's term until the member's successor | 46617 |
| takes office or until a period of sixty days has elapsed, | 46618 |
| whichever occurs first. | 46619 |
| (C) The nominating committee shall meet at the request of the | 46620 |
| governor or as the nominating committee determines appropriate in | 46621 |
| order to make recommendations to the governor for the appointment | 46622 |
| of members of the bureau of workers' compensation board of | 46623 |
| directors under section 4121.12 of the Revised Code. | 46624 |
| (D) The director of development shall serve as chairperson of | 46625 |
| the nominating committee and have no voting rights on matters | 46626 |
| coming before the nominating committee, except that the director | 46627 |
| may vote in the event of a tie vote of the nominating committee. | 46628 |
| Annually, the nominating committee shall select a secretary from | 46629 |
| among its members. The nominating committee may adopt by-laws | 46630 |
| governing its proceedings. | 46631 |
| (E) Members of the nominating committee shall be paid their | 46632 |
| reasonable and necessary expenses pursuant to section 126.31 of | 46633 |
| the Revised Code while engaged in the performance of their duties | 46634 |
| as members of the nominating committee. | 46635 |
| (F) The nominating committee shall: | 46636 |
| (1) Review and evaluate possible appointees for the board. In | 46637 |
| reviewing and evaluating possible appointees for the board, the | 46638 |
| nominating committee may accept comments from, cooperate with, and | 46639 |
| request information from any person. | 46640 |
| (2) Make recommendations to the governor for the appointment | 46641 |
| of members to the board as provided in division (C) of section | 46642 |
| 4121.12 of the Revised Code. | 46643 |
| (G) The nominating committee may make recommendations to the | 46644 |
| general assembly concerning changes in legislation that will | 46645 |
| assist the nominating committee in the performance of its duties. | 46646 |
| Sec. 4121.30. (A) All rules governing the operating | 46647 |
| procedure of the bureau of workers' compensation and the | 46648 |
| industrial commission shall be adopted in accordance with Chapter | 46649 |
| 119. of the Revised Code, except that determinations of the | 46650 |
| bureau, district hearing officers, staff hearing officers, and the | 46651 |
| commission, with respect to an individual employee's claim to | 46652 |
| participate in the state insurance fund are governed only by | 46653 |
| Chapter 4123. of the Revised Code. | 46654 |
| The administrator of workers' compensation and commission | 46655 |
| shall proceed jointly, in accordance with Chapter 119. of the | 46656 |
| Revised Code, including a joint hearing, to adopt joint rules | 46657 |
| governing the operating procedures of the bureau and commission. | 46658 |
| 46659 |
| (B) Upon submission to the bureau or the commission of a | 46660 |
| petition containing not less than fifteen hundred signatures of | 46661 |
| adult residents of the state, any individual may propose a rule | 46662 |
| for adoption, amendment, or rescission by the bureau or the | 46663 |
| commission. If, upon investigation, the bureau or commission is | 46664 |
| satisfied that the signatures upon the petition are valid, it | 46665 |
| shall proceed, in accordance with Chapter 119. of the Revised | 46666 |
| Code, to consider adoption, amendment, or rescission of the rule. | 46667 |
| (C) The administrator shall | 46668 |
| electronically all rules adopted by the bureau and the commission | 46669 |
| 46670 | |
|
manner | 46671 |
|
the commission that are currently in force. | 46672 |
| 46673 | |
| 46674 |
| (D) The rule-making authority granted to the administrator | 46675 |
| under this section does not limit the commission's rule-making | 46676 |
| authority relative to its overall adjudicatory policy-making and | 46677 |
| management duties under this chapter and Chapters 4123., 4127., | 46678 |
| and 4131. of the Revised Code. The administrator shall not | 46679 |
| disregard any rule adopted by the commission, provided that the | 46680 |
| rule is within the commission's rule-making authority. | 46681 |
| Sec. 4123.20. The administrator of workers' compensation | 46682 |
|
shall | 46683 |
| available electronically to the public, its classifications, | 46684 |
| rates, rules, and rules of procedure, and shall furnish the same | 46685 |
|
to any person upon | 46686 |
| 46687 | |
| 46688 | |
| 46689 | |
| request. | 46690 |
| Sec. 4123.41. (A) By the first day of January of each year, | 46691 |
| the bureau of workers' compensation shall furnish to the county | 46692 |
| auditor of each county and the chief fiscal officer of each taxing | 46693 |
| district in a county and of each district activity and institution | 46694 |
| mentioned in section 4123.39 of the Revised Code forms containing | 46695 |
| the premium rates applicable to the county, district, district | 46696 |
| activity, or institution as an employer, on which to report the | 46697 |
| amount of money expended by the county, district, district | 46698 |
| activity, or institution during the previous twelve calendar | 46699 |
| months for the services of employees under this chapter. | 46700 |
| (B) Each county auditor and each fiscal officer of a | 46701 |
| district, district activity, and institution shall calculate on | 46702 |
| the form it receives from the bureau under division (A) of this | 46703 |
| section the premium due as its proper contribution to the public | 46704 |
| insurance fund and issue a warrant in favor of the bureau for the | 46705 |
| amount due from the county, district, district activity, or | 46706 |
| institution to the public insurance fund according to the | 46707 |
| following schedule: | 46708 |
| (1) On or before the fifteenth day of May of each year, no | 46709 |
| less than forty-five per cent of the amount due; | 46710 |
| (2) On or before the first day of September of each year, no | 46711 |
| less than the total amount due. | 46712 |
| (C) The legislative body of any county, district, district | 46713 |
| activity, or institution may reimburse the fund from which the | 46714 |
| 46715 | |
| transferring to the fund from any other fund of the county, | 46716 |
| district, district activity, or institution, the proportionate | 46717 |
|
amount of the | 46718 |
| the fund, whether the fund is derived from taxation or otherwise. | 46719 |
|
The proportionate amount of the | 46720 |
| to the fund may be based on payroll, relative exposure, relative | 46721 |
| loss experience, or any combination of these factors, as | 46722 |
|
determined by the legislative body. | 46723 |
| (1) The workers' compensation program payments of any county, | 46724 |
| district, district activity, or institution may include any of the | 46725 |
| following: | 46726 |
| (a) All payments required by any bureau of workers' | 46727 |
| compensation rating plan; | 46728 |
| (b) Direct administrative costs incurred in the management of | 46729 |
| the county, district, district activity, or institution's workers' | 46730 |
| compensation program; | 46731 |
| (c) Indirect costs that are necessary and reasonable for the | 46732 |
| proper and efficient administration of the workers' compensation | 46733 |
| program as documented in a cost allocation plan. The indirect cost | 46734 |
| plan shall conform to the United States office of management and | 46735 |
| budget circular A-87 "cost principles for state and local | 46736 |
| governments," 2 C.F.R. 225, as most recently amended on May 10, | 46737 |
| 2004. The plan shall not authorize payment from the fund of any | 46738 |
| general government expense required to carry out the overall | 46739 |
| governmental responsibilities. | 46740 |
| (2) Within sixty days before a legislative body changes the | 46741 |
| method used for calculating the proportionate amount of the | 46742 |
| 46743 | |
| consult with, and give information supporting the change to any | 46744 |
| elected official affected by the change. A transfer made pursuant | 46745 |
| to division (B)(2) of this section is not subject to section | 46746 |
| 5705.16 of the Revised Code. | 46747 |
| | 46748 |
| information provided by the county auditor and chief fiscal | 46749 |
| officer under division (B) of this section, and if the bureau | 46750 |
| determines at any time that the county, district, district | 46751 |
| activity, or institution has not reported the correct information, | 46752 |
| the administrator of workers' compensation may make deductions or | 46753 |
| additions as the facts warrant and take those facts into | 46754 |
| consideration in determining the current or future contributions | 46755 |
| to be made by the county, district, district activity, or | 46756 |
| institution. If the county, district, district activity, or | 46757 |
| institution does not furnish the report in the time required by | 46758 |
| this section, the administrator may fix the amount of contribution | 46759 |
| the county, district, district activity, or institution must make | 46760 |
| and certify that amount for payment. | 46761 |
| | 46762 |
| county, district, district activity, or institution that pays its | 46763 |
| total amount due to the public insurance fund on or before the | 46764 |
| fifteenth day of May of each year as its proper contribution for | 46765 |
| premiums. The administrator shall base the discount provided under | 46766 |
| this division on the savings generated by the early payment to the | 46767 |
| public insurance fund. The administrator may provide the discount | 46768 |
| through a refund to the county, district, district activity, or | 46769 |
| institution or an offset against the future contributions due to | 46770 |
| the public insurance fund from the county, district, district | 46771 |
| activity, or institution. | 46772 |
| | 46773 |
| late payment of any amount due from a county, district, district | 46774 |
| activity, and institution at the interest rate established by the | 46775 |
| state tax commissioner pursuant to section 5703.47 of the Revised | 46776 |
| Code. | 46777 |
| Sec. 4163.07. (A)(1) Prior to transporting any high-level | 46778 |
| radioactive waste, spent nuclear fuel, transuranic waste, or any | 46779 |
| quantity of special nuclear material or by-product material that | 46780 |
| meets or exceeds the highway route controlled quantity, within, | 46781 |
| into, or through the state, the shipper of the material shall | 46782 |
| notify the executive director of the emergency management agency | 46783 |
| established under section 5502.22 of the Revised Code of the | 46784 |
| shipment. The notice shall be in writing and be sent by certified | 46785 |
| mail and shall include the name of the shipper; the name of the | 46786 |
| carrier; the type and quantity of the material; the transportation | 46787 |
| mode of the shipment; the proposed date and time of shipment of | 46788 |
| the material within, into, or through the state; and the starting | 46789 |
| point, termination or exit point, scheduled route, and each | 46790 |
| alternate route, if any, of the shipment. In order to constitute | 46791 |
| effective notification under division (A)(1) of this section, | 46792 |
| notification shall be received by the executive director at least | 46793 |
| four days prior to shipment within, into, or through the state. | 46794 |
| (2) The carrier or shipper of any shipment subject to | 46795 |
| division (A)(1) of this section shall immediately notify the | 46796 |
| executive director of any change in the date and time of the | 46797 |
| shipment or in the route of the shipment within, into, or through | 46798 |
| the state. | 46799 |
| (B) Upon receipt of a notice of any shipment of material that | 46800 |
| is subject to division (A)(1) of this section within, into, or | 46801 |
| through the state, the executive director of the emergency | 46802 |
| management agency shall immediately notify the director of public | 46803 |
| safety, the director of environmental protection, the director of | 46804 |
| health, the chairperson of the public utilities commission, and | 46805 |
| the county emergency management agency and sheriff of each county | 46806 |
| along the proposed route, or any alternate route, of the shipment. | 46807 |
| (C) The executive director of the emergency management agency | 46808 |
| shall not disclose to any person other than those persons | 46809 |
| enumerated in division (B) of this section any information | 46810 |
| pertaining to any shipment of special nuclear material or | 46811 |
| by-product material prior to the time that the shipment is | 46812 |
| completed. | 46813 |
| (D) This section does not apply to radioactive materials, | 46814 |
| other than by-products, shipped by or for the United States | 46815 |
| department of defense and United States department of energy for | 46816 |
| military or national defense purposes. Nothing in this section | 46817 |
| requires the disclosure of any defense information or restricted | 46818 |
| data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919, | 46819 |
| 42 U.S.C. 2011, as amended. | 46820 |
| (E) No person shall transport or cause to be transported | 46821 |
| within, into, or through the state any material that is subject to | 46822 |
| division (A)(1) of this section without first providing the notice | 46823 |
| required in that division. | 46824 |
| (F) Whoever violates division (E) of this section, in | 46825 |
| addition to any penalty imposed under section 4163.99 of the | 46826 |
| Revised Code, is liable for a civil penalty in an amount not to | 46827 |
| exceed the following, as applicable: | 46828 |
| (1) Twenty-five thousand dollars for a motor carrier, as | 46829 |
| defined in section 4923.01 of the Revised Code; | 46830 |
| (2) Forty-five thousand dollars for the first cask designated | 46831 |
| for transport by rail and thirty thousand dollars for each | 46832 |
| additional cask designated for transport by rail that is shipped | 46833 |
| by the same person or entity in the same shipment. | 46834 |
| The attorney general, upon the request of the executive | 46835 |
| director of the emergency management agency, shall bring a civil | 46836 |
| action to collect the penalty. Fines collected pursuant to this | 46837 |
| section shall be deposited into the state treasury to the credit | 46838 |
|
of the | 46839 |
|
fund created in section
| 46840 |
| Sec. 4169.02. (A) For the purposes of regulating the | 46841 |
| construction, maintenance, mechanical operation, and inspection of | 46842 |
| passenger tramways that are associated with ski areas and of | 46843 |
| registering operators of passenger tramways in this state, there | 46844 |
|
is hereby established in the division of
| 46845 |
| compliance in the department of commerce a ski tramway board to be | 46846 |
| appointed by the governor, with the advice and consent of the | 46847 |
| senate. The board shall consist of three members, one of whom | 46848 |
| shall be a public member who is an experienced skier and familiar | 46849 |
| with ski areas in this state, one of whom shall be a ski area | 46850 |
| operator actively engaged in the business of recreational skiing | 46851 |
| in this state, and one of whom shall be a professional engineer | 46852 |
| who is knowledgeable in the design or operation of passenger | 46853 |
| tramways. | 46854 |
| Of the initial appointments, one member shall be appointed | 46855 |
| for a term of one year, one for a term of two years, and one for a | 46856 |
| term of three years. The member appointed to the term beginning on | 46857 |
| July 1, 1996, shall be appointed to a term ending on June 30, | 46858 |
| 1997; the member appointed to a term beginning on July 1, 1997, | 46859 |
| shall be appointed to a term ending on June 30, 1999; and the | 46860 |
| member appointed to a term beginning on July 1, 1998, shall be | 46861 |
| appointed to a term ending on June 30, 2001. Thereafter, each of | 46862 |
| the members shall be appointed for a term of six years. Each | 46863 |
| member shall hold office from the date of appointment until the | 46864 |
| end of the term for which the member was appointed. In the event | 46865 |
| of a vacancy, the governor, with the advice and consent of the | 46866 |
| senate, shall appoint a successor who shall hold office for the | 46867 |
| remainder of the term for which the successor's predecessor was | 46868 |
| appointed. A member shall continue in office subsequent to the | 46869 |
| expiration date of the member's term until the member's successor | 46870 |
| takes office or until a period of sixty days has elapsed, | 46871 |
| whichever occurs first. The board shall elect a chairperson from | 46872 |
| its members. | 46873 |
| The governor may remove any member of the board at any time | 46874 |
| for misfeasance, nonfeasance, or malfeasance in office after | 46875 |
| giving the member a copy of the charges against the member and an | 46876 |
| opportunity to be heard publicly in person or by counsel in the | 46877 |
| member's defense. Any such act of removal by the governor is | 46878 |
| final. A statement of the findings of the governor, the reason for | 46879 |
| the governor's action, and the answer, if any, of the member shall | 46880 |
| be filed by the governor with the secretary of state and shall be | 46881 |
| open to public inspection. | 46882 |
| Members of the board shall be paid two hundred fifty dollars | 46883 |
| for each meeting that the member attends, except that no member | 46884 |
| shall be paid or receive more than seven hundred fifty dollars for | 46885 |
| attending meetings during any calendar year. Each member shall be | 46886 |
| reimbursed for the member's actual and necessary expenses incurred | 46887 |
| in the performance of official board duties. The chairperson shall | 46888 |
| be paid two hundred fifty dollars annually in addition to any | 46889 |
| compensation the chairperson receives under this division for | 46890 |
| attending meetings and any other compensation the chairperson | 46891 |
| receives for serving on the board. | 46892 |
| The division shall provide the board with such offices and | 46893 |
| such clerical, professional, and other assistance as may be | 46894 |
| reasonably necessary for the board to carry on its work. The | 46895 |
| division shall maintain accurate copies of the board's rules as | 46896 |
| promulgated in accordance with division (B) of this section and | 46897 |
| shall keep all of the board's records, including business records, | 46898 |
| and inspection reports as well as its own records and reports. The | 46899 |
| cost of administering the board and conducting inspections shall | 46900 |
| be included in the budget of the division based on revenues | 46901 |
| generated by the registration fees established under section | 46902 |
| 4169.03 of the Revised Code. | 46903 |
| (B) In accordance with Chapter 119. of the Revised Code, the | 46904 |
| board shall adopt and may amend or rescind rules relating to | 46905 |
| public safety in the construction, maintenance, mechanical | 46906 |
| operation, and inspection of passenger tramways. The rules shall | 46907 |
| be in accordance with established standards in the business of ski | 46908 |
| area operation, if any, and shall not discriminate in their | 46909 |
| application to ski area operators. | 46910 |
| No person shall violate the rules of the board. | 46911 |
| (C) The authority of the board shall not extend to any matter | 46912 |
| relative to the operation of a ski area other than the | 46913 |
| construction, maintenance, mechanical operation, and inspection of | 46914 |
| passenger tramways. | 46915 |
| (D) A majority of the board constitutes a quorum and may | 46916 |
| perform and exercise all the duties and powers devolving upon the | 46917 |
| board. | 46918 |
| Sec. 4169.03. (A) Before a passenger tramway operator may | 46919 |
| operate any passenger tramway in the state, the operator shall | 46920 |
| apply to the ski tramway board, on forms prepared by it, for | 46921 |
| registration by the board. The application shall contain an | 46922 |
| inventory of the passenger tramways that the applicant intends to | 46923 |
| operate and other information as the board may reasonably require | 46924 |
| and shall be accompanied by the following annual fees: | 46925 |
| (1) Each aerial passenger tramway, five hundred dollars; | 46926 |
| (2) Each skimobile, two hundred dollars; | 46927 |
| (3) Each chair lift, two hundred dollars; | 46928 |
| (4) Each J bar, T bar, or platter pull, one hundred dollars; | 46929 |
| (5) Each rope tow, fifty dollars; | 46930 |
| (6) Each wire rope tow, seventy-five dollars; | 46931 |
| (7) Each conveyor, one hundred dollars. | 46932 |
| When an operator operates an aerial passenger tramway, a | 46933 |
| skimobile, or a chair lift during both a winter and summer season, | 46934 |
| the annual fee shall be one and one-half the above amount for the | 46935 |
| respective passenger tramway. | 46936 |
| (B) Upon payment of the appropriate annual fees in accordance | 46937 |
| with division (A) of this section, the board shall issue a | 46938 |
| registration certificate to the operator. Each certificate shall | 46939 |
| remain in force until the thirtieth day of September next ensuing. | 46940 |
| The board shall renew an operator's certificate in accordance with | 46941 |
| the standard renewal procedure in Chapter 4745. of the Revised | 46942 |
| Code upon payment of the appropriate annual fees. | 46943 |
| (C) Money received from the registration fees and from the | 46944 |
| fines collected pursuant to section 4169.99 of the Revised Code | 46945 |
|
shall be paid into the state treasury to the credit of the | 46946 |
| industrial compliance operating fund created in section 121.084 of | 46947 |
| the Revised Code. | 46948 |
| (D) No person shall operate a passenger tramway in this state | 46949 |
| unless the person has been registered by the board. | 46950 |
| Sec. 4169.04. (A) The division of
| 46951 |
| compliance in the department of commerce shall make such | 46952 |
| inspection of the construction, maintenance, and mechanical | 46953 |
| operation of passenger tramways as the ski tramway board may | 46954 |
| reasonably require. The division may contract with other qualified | 46955 |
| engineers to make such inspection or may accept the inspection | 46956 |
| report by any qualified inspector of an insurance company | 46957 |
| authorized to insure passenger tramways in this state. | 46958 |
| (B) If, as the result of an inspection, an employee of the | 46959 |
| division or other agent with whom the division has contracted | 46960 |
| finds that a violation of the board's rules exists or a condition | 46961 |
| in passenger tramway construction, maintenance, or mechanical | 46962 |
| operation exists that endangers public safety, the employee or | 46963 |
| agent shall make an immediate report to the board for appropriate | 46964 |
| investigation and order. | 46965 |
| Sec. 4171.04. (A) Before a person may operate any roller | 46966 |
| skating rink in the state, the person shall: | 46967 |
| (1) Apply to the superintendent of | 46968 |
| compliance in the department of commerce on forms designated by | 46969 |
| the superintendent for a certificate of registration; | 46970 |
| (2) Provide an inventory of all the roller skating rinks that | 46971 |
| the applicant intends to operate, and any other information the | 46972 |
| superintendent may reasonably require on the application; | 46973 |
| (3) Include with the application a registration fee of | 46974 |
| twenty-five dollars for each roller skating rink to be operated by | 46975 |
| the applicant. | 46976 |
| (B) Upon compliance with division (A) of this section, the | 46977 |
| superintendent shall issue a certificate of registration to the | 46978 |
| operator for each roller skating rink to be operated by the | 46979 |
| applicant. Each certificate shall remain in force as follows: | 46980 |
| (1) Until the thirty-first day of December next ensuing; or | 46981 |
| (2) For sixty days after the dissolution of a partnership. | 46982 |
| (C) In case of the dissolution of a partnership by death, the | 46983 |
| surviving partner or partners may operate a roller skating rink | 46984 |
| pursuant to the certificate of registration obtained by the | 46985 |
| partnership in accordance with this chapter for a period of sixty | 46986 |
| days following dissolution. The heirs or representatives of | 46987 |
| deceased persons and receivers or trustees in bankruptcy appointed | 46988 |
| by any competent authority may operate under the certificate of | 46989 |
| registration of the person succeeded in possession. | 46990 |
| (D) The superintendent shall renew an operator's certificate | 46991 |
| of registration in accordance with the standard license renewal | 46992 |
| procedure set forth in Chapter 4745. of the Revised Code upon | 46993 |
| payment of a renewal fee of twenty-five dollars for each roller | 46994 |
| skating rink to be operated by the applicant. | 46995 |
| (E) Money received from the registration and renewal fees | 46996 |
| collected pursuant to this chapter shall be paid into the state | 46997 |
|
treasury to the credit of the
| 46998 |
| operating fund created in section 121.084 of the Revised Code. | 46999 |
| Sec. 4301.30. (A) All fees collected by the division of | 47000 |
| liquor control shall be deposited in the state treasury to the | 47001 |
| credit of the undivided liquor permit fund, which is hereby | 47002 |
| created, at the time prescribed under section 4301.12 of the | 47003 |
| Revised Code. Each payment shall be accompanied by a statement | 47004 |
| showing separately the amount collected for each class of permits | 47005 |
| in each municipal corporation and in each township outside the | 47006 |
|
limits of any municipal corporation in such township. | 47007 |
| (B)(1) An amount equal to forty-five per cent of the fund | 47008 |
| shall be paid from the fund into the state liquor regulatory fund, | 47009 |
| which is hereby created in the state treasury. The state liquor | 47010 |
| regulatory fund shall be used to pay the operating expenses of the | 47011 |
| division of liquor control in administering and enforcing Title | 47012 |
| XLIII of the Revised Code and the operating expenses of the liquor | 47013 |
| control commission. Investment earnings of the fund shall be | 47014 |
| credited to the fund. | 47015 |
| (2) Whenever, in the judgment of the director of budget and | 47016 |
| management, the amount of money that is in the state liquor | 47017 |
| regulatory fund is in excess of the amount that is needed to pay | 47018 |
| the operating expenses of the division in administering and | 47019 |
| enforcing Title XLIII of the Revised Code and the operating | 47020 |
| expenses of the commission, the director shall credit the excess | 47021 |
| amount to the general revenue fund. | 47022 |
| (C) Twenty per cent of the undivided liquor permit fund shall | 47023 |
| be paid into the statewide treatment and prevention fund, which is | 47024 |
| hereby created in the state treasury. This amount shall be | 47025 |
| appropriated by the general assembly, together with an amount | 47026 |
| equal to one and one-half per cent of the gross profit of the | 47027 |
| division of liquor control derived under division (B)(4) of | 47028 |
| section 4301.10 of the Revised Code, to the department of alcohol | 47029 |
| and drug addiction services. In planning for the allocation of and | 47030 |
| in allocating these amounts for the purposes of Chapter 3793. of | 47031 |
| the Revised Code, the department of alcohol and drug addiction | 47032 |
| services shall comply with the nondiscrimination provisions of | 47033 |
| Title VI of the Civil Rights Act of 1964, and any rules adopted | 47034 |
| under that act. | 47035 |
| (D) Thirty-five per cent of the undivided liquor permit fund | 47036 |
| shall be distributed by the superintendent of liquor control at | 47037 |
| quarterly calendar periods as follows: | 47038 |
| | 47039 |
| shown by the statements to have been collected from permits in the | 47040 |
| municipal corporation, for the use of the general fund of the | 47041 |
| municipal corporation; | 47042 |
| | 47043 |
| statements to have been collected from permits in its territory, | 47044 |
| outside the limits of any municipal corporation located in the | 47045 |
| township, for the use of the general fund of the township, or for | 47046 |
| fire protection purposes, including buildings and equipment in the | 47047 |
| township or in an established fire district within the township, | 47048 |
| to the extent that the funds are derived from liquor permits | 47049 |
| within the territory comprising such fire district. | 47050 |
| (E) For the purpose of the distribution required by this | 47051 |
| section, E, H, and D permits covering boats or vessels are deemed | 47052 |
| to have been issued in the municipal corporation or township | 47053 |
| wherein the owner or operator of the vehicle, boat, vessel, or | 47054 |
| dining car equipment to which the permit relates has the owner's | 47055 |
| or operator's principal office or place of business within the | 47056 |
| state. | 47057 |
| (F) If the liquor control commission determines that the | 47058 |
| police or other officers of any municipal corporation or township | 47059 |
|
entitled to share in | 47060 |
| refusing or culpably neglecting to enforce this chapter and | 47061 |
| Chapter 4303. of the Revised Code, or the penal laws of this state | 47062 |
| relating to the manufacture, importation, transportation, | 47063 |
| distribution, and sale of beer and intoxicating liquors, or if the | 47064 |
| prosecuting officer of a municipal corporation or a municipal | 47065 |
| court fails to comply with the request of the commission | 47066 |
| authorized by division (A)(4) of section 4301.10 of the Revised | 47067 |
| Code, the commission, by certified mail, may notify the chief | 47068 |
| executive officer of the municipal corporation or the board of | 47069 |
| township trustees of the township of the failure and require the | 47070 |
| immediate cooperation of the responsible officers of the municipal | 47071 |
| corporation or township with the division of liquor control in the | 47072 |
| enforcement of those chapters and penal laws. Within thirty days | 47073 |
| after the notice is served, the commission shall determine whether | 47074 |
| the requirement has been complied with. If the commission | 47075 |
| determines that the requirement has not been complied with, it may | 47076 |
| issue an order to the superintendent to withhold the distributive | 47077 |
| share of the municipal corporation or township until further order | 47078 |
| of the commission. This action of the commission is reviewable | 47079 |
| within thirty days thereafter in the court of common pleas of | 47080 |
| Franklin county. | 47081 |
| (G) All fees collected by the division of liquor control from | 47082 |
| the issuance or renewal of B-2a and S permits, and paid by B-2a | 47083 |
| and S permit holders who do not also hold A-2 permits, shall be | 47084 |
| deposited in the state treasury to the credit of the state liquor | 47085 |
| 47086 | |
| equal to fifty per cent of the fees collected shall be paid from | 47087 |
|
the state liquor | 47088 |
| fund. | 47089 |
| Sec. 4301.42. For the purpose of providing revenue for the | 47090 |
| support of the state, a tax is hereby levied on the sale of beer | 47091 |
| in sealed bottles and cans having twelve ounces or less of liquid | 47092 |
| content, at the rate of fourteen one-hundredths of one cent on | 47093 |
| each ounce of liquid content or fractional part of each ounce of | 47094 |
| liquid content, and on such containers in excess of twelve ounces, | 47095 |
| at the rate of eighty-four one-hundredths of one cent on each six | 47096 |
| ounces of liquid content or fractional part of each six ounces of | 47097 |
| liquid content. Sections 4307.01 to 4307.12 of the Revised Code | 47098 |
| apply in the administration of that tax. Manufacturers, bottlers, | 47099 |
|
and canners of | 47100 |
| beer, and S permit holders have the duty to pay the tax imposed by | 47101 |
| this section and are entitled to the privileges in the manner | 47102 |
| provided in section 4303.33 of the Revised Code. | 47103 |
| Sec. 4303.22. Permit H may be issued for a fee of three | 47104 |
|
hundred dollars to a for-hire motor carrier | 47105 |
| 47106 | |
| transport beer, intoxicating liquor, and alcohol, or any of them, | 47107 |
| in this state for delivery or use in this state. This section does | 47108 |
| not prevent the division of liquor control from contracting with | 47109 |
| 47110 | |
|
transportation of liquor for the division, and any | 47111 |
| 47112 | |
| eligible for an H permit. Manufacturers or wholesale distributors | 47113 |
| of beer or intoxicating liquor other than spirituous liquor who | 47114 |
| transport or deliver their own products to or from their premises | 47115 |
| licensed under this chapter and Chapter 4301. of the Revised Code | 47116 |
| by their own trucks as an incident to the purchase or sale of such | 47117 |
| beverages need not obtain an H permit. Carriers by rail shall | 47118 |
| receive an H permit upon application for it. | 47119 |
| This section does not prevent the division from issuing, upon | 47120 |
| the payment of the permit fee, an H permit to any person, | 47121 |
| partnership, firm, or corporation licensed by any other state to | 47122 |
| engage in the business of manufacturing and brewing or producing | 47123 |
| beer, wine, and mixed beverages or any person, partnership, firm, | 47124 |
| or corporation licensed by the United States or any other state to | 47125 |
| engage in the business of importing beer, wine, and mixed | 47126 |
| beverages manufactured outside the United States. The | 47127 |
| manufacturer, brewer, or importer of products manufactured outside | 47128 |
| the United States, upon the issuance of an H permit, may | 47129 |
| transport, ship, and deliver only its own products to holders of | 47130 |
| B-1 or B-5 permits in Ohio in motor trucks and equipment owned and | 47131 |
| operated by such class H permit holder. No H permit shall be | 47132 |
| issued by the division to such applicant until the applicant files | 47133 |
| with the division a liability insurance certificate or policy | 47134 |
| satisfactory to the division, in a sum of not less than one | 47135 |
| thousand nor more than five thousand dollars for property damage | 47136 |
| and for not less than five thousand nor more than fifty thousand | 47137 |
| dollars for loss sustained by reason of injury or death and with | 47138 |
| such other terms as the division considers necessary to adequately | 47139 |
| protect the interest of the public, having due regard for the | 47140 |
| number of persons and amount of property affected. The certificate | 47141 |
| or policy shall insure the manufacturer, brewer, or importer of | 47142 |
| products manufactured outside the United States against loss | 47143 |
| sustained by reason of the death of or injury to persons, and for | 47144 |
| loss of or damage to property, from the negligence of such class H | 47145 |
| permit holder in the operation of its motor vehicles or equipment | 47146 |
| in this state. | 47147 |
| Sec. 4303.33. (A) Every A-1 permit holder in this state, | 47148 |
| every bottler, importer, wholesale dealer, broker, producer, or | 47149 |
| manufacturer of beer outside this state and within the United | 47150 |
| States, and every B-1 permit holder and importer importing beer | 47151 |
| from any manufacturer, bottler, person, or group of persons | 47152 |
| however organized outside the United States for sale or | 47153 |
| distribution for sale in this state, on or before the eighteenth | 47154 |
| day of each month, shall make and file with the tax commissioner | 47155 |
| upon a form prescribed by the tax commissioner an advance tax | 47156 |
| payment in an amount estimated to equal the taxpayer's tax | 47157 |
| liability for the month in which the advance tax payment is made. | 47158 |
| If the advance tax payment credits claimed on the report are for | 47159 |
| advance tax payments received by the tax commissioner on or before | 47160 |
| the eighteenth day of the month covered by the report, the | 47161 |
| taxpayer is entitled to an additional credit of three per cent of | 47162 |
| the advance tax payment and a discount of three per cent shall be | 47163 |
| allowed the taxpayer at the time of filing the report if filed as | 47164 |
| provided in division (B) of this section on any amount by which | 47165 |
| the tax liability reflected in the report exceeds the advance tax | 47166 |
| payment estimate by not more than ten per cent. The additional | 47167 |
| three per cent credit and three per cent discount shall be in | 47168 |
| consideration for advancing the payment of the tax and other | 47169 |
| services performed by the permit holder and other taxpayers in the | 47170 |
| collection of the tax. | 47171 |
| "Advance tax payment credit" means credit for payments made | 47172 |
| by an A-1 or B-1 permit holder and any other persons during the | 47173 |
| period covered by a report which was made in anticipation of the | 47174 |
| tax liability required to be reported on that report. | 47175 |
| "Tax liability" as used in division (A) of this section means | 47176 |
| the total gross tax liability of an A-1 or B-1 permit holder and | 47177 |
| any other persons for the period covered by a report before any | 47178 |
| allowance for credits and discount. | 47179 |
| (B) Every A-1 permit holder in this state, every bottler, | 47180 |
| importer, wholesale dealer, broker, producer, or manufacturer of | 47181 |
|
beer outside this state and within the United States, | 47182 |
| B-1 permit holder importing beer from any manufacturer, bottler, | 47183 |
| person, or group of persons however organized outside the United | 47184 |
| States, and every S permit holder, on or before the tenth day of | 47185 |
| each month, shall make and file a report for the preceding month | 47186 |
| upon a form prescribed by the tax commissioner which report shall | 47187 |
| show the amount of beer produced, sold, and distributed for sale | 47188 |
| in this state by the A-1 permit holder, sold and distributed for | 47189 |
| sale in this state by each manufacturer, bottler, importer, | 47190 |
| wholesale dealer, or broker outside this state and within the | 47191 |
|
United States, | 47192 |
| from outside the United States and sold and distributed for sale | 47193 |
| in this state by the B-1 permit holder or importer, and the amount | 47194 |
| of beer sold in this state by the S permit holder. | 47195 |
| The report shall be filed by mailing it to the tax | 47196 |
| commissioner, together with payment of the tax levied by sections | 47197 |
| 4301.42 and 4305.01 of the Revised Code shown to be due on the | 47198 |
| report after deduction of advance payment credits and any | 47199 |
| additional credits or discounts provided for under this section. | 47200 |
| (C)(1) Every A-2, A-4, B-2, B-2a, B-3, B-4, B-5, and S permit | 47201 |
| holder in this state, on or before the eighteenth day of each | 47202 |
| month, shall make and file a report with the tax commissioner upon | 47203 |
| a form prescribed by the tax commissioner which report shall show, | 47204 |
| on the report of each A-2, A-4, B-2a, and S permit holder the | 47205 |
| amount of wine, cider, and mixed beverages produced and sold, or | 47206 |
| sold in this state by each such A-2, A-4, B-2a, and S permit | 47207 |
| holder for the next preceding calendar month and such other | 47208 |
| information as the tax commissioner requires, and on the report of | 47209 |
| each such B-2, B-3, B-4, and B-5 permit holder the amount of wine, | 47210 |
| cider, and mixed beverages purchased from an importer, broker, | 47211 |
| wholesale dealer, producer, or manufacturer located outside this | 47212 |
| state and sold and distributed in this state by such B-2, B-3, | 47213 |
| B-4, and B-5 permit holder, for the next preceding calendar month | 47214 |
| and such other information as the tax commissioner requires. | 47215 |
| (2) Every such A-2, A-4, B-2, B-2a, B-3, B-4, B-5, and S | 47216 |
| permit holder in this state shall remit with the report the tax | 47217 |
| levied by sections 4301.43 and, if applicable, 4301.432 of the | 47218 |
| Revised Code less a discount thereon of three per cent of the | 47219 |
| total tax so levied and paid, provided the return is filed | 47220 |
| together with remittance of the amount of tax shown to be due | 47221 |
| thereon, within the time prescribed. Any permit holder or other | 47222 |
| persons who fail to file a report under this section, for each day | 47223 |
| the person so fails, may be required to forfeit and pay into the | 47224 |
| state treasury the sum of one dollar as revenue arising from the | 47225 |
| tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of | 47226 |
| the Revised Code, and that sum may be collected by assessment in | 47227 |
| the manner provided in section 4305.13 of the Revised Code. | 47228 |
| (3) If the tax commissioner determines that the quantity | 47229 |
| reported by a person does not warrant monthly reporting, the | 47230 |
| commissioner may authorize the filing of returns and the payment | 47231 |
| of the tax required by this section for periods longer than one | 47232 |
| month. | 47233 |
| (D) Every B-1 permit holder and importer in this state | 47234 |
| importing beer from any manufacturer, bottler, person, or group of | 47235 |
| persons however organized, outside the United States, if required | 47236 |
| by the tax commissioner shall post a bond payable to the state in | 47237 |
| such form and amount as the commissioner prescribes with surety to | 47238 |
| the satisfaction of the tax commissioner, conditioned upon the | 47239 |
| payment to the tax commissioner of taxes levied by sections | 47240 |
| 4301.42 and 4305.01 of the Revised Code. | 47241 |
| (E) No such wine, beer, cider, or mixed beverages sold or | 47242 |
| distributed in this state shall be taxed more than once under | 47243 |
| sections 4301.42, 4301.43, and 4305.01 of the Revised Code. | 47244 |
| (F) As used in this section: | 47245 |
| (1) "Cider" has the same meaning as in section 4301.01 of the | 47246 |
| Revised Code. | 47247 |
| (2) "Wine" has the same meaning as in section 4301.01 of the | 47248 |
| Revised Code, except that "wine" does not include cider. | 47249 |
| (G) All money collected by the tax commissioner under this | 47250 |
| section shall be paid to the treasurer of state as revenue arising | 47251 |
| from the taxes levied by sections 4301.42, 4301.43, 4301.432, and | 47252 |
| 4305.01 of the Revised Code. | 47253 |
| Sec. 4313.02. (A) The state may transfer to JobsOhio, and | 47254 |
| JobsOhio may accept the transfer of, all or a portion of the | 47255 |
| enterprise acquisition project for a transfer price payable by | 47256 |
| JobsOhio to the state. Any such transfer shall be treated as an | 47257 |
| absolute conveyance and true sale of the interest in the | 47258 |
| enterprise acquisition project purported to be conveyed for all | 47259 |
| purposes, and not as a pledge or other security interest. The | 47260 |
| characterization of any such transfer as a true sale and absolute | 47261 |
| conveyance shall not be negated or adversely affected by the | 47262 |
| acquisition or retention by the state of a residual or | 47263 |
| reversionary interest in the enterprise acquisition project, the | 47264 |
| participation of any state officer or employee as a member or | 47265 |
| officer of, or contracting for staff support to, JobsOhio or any | 47266 |
| subsidiary of JobsOhio, any regulatory responsibility of an | 47267 |
| officer or employee of the state, including the authority to | 47268 |
| collect amounts to be received in connection therewith, the | 47269 |
| retention of the state of any legal title to or interest in any | 47270 |
| portion of the enterprise acquisition project for the purpose of | 47271 |
| regulatory activities, or any characterization of JobsOhio or | 47272 |
| obligations of JobsOhio under accounting, taxation, or securities | 47273 |
| regulations, or any other reason whatsoever. An absolute | 47274 |
| conveyance and true sale or lease shall exist under this section | 47275 |
| regardless of whether JobsOhio has any recourse against the state | 47276 |
| or the treatment or characterization of the transfer as a | 47277 |
| financing for any purpose. Upon and following the transfer, the | 47278 |
| state shall not have any right, title, or interest in the | 47279 |
| enterprise acquisition project so transferred other than any | 47280 |
| residual interest that may be described in the transfer agreement | 47281 |
| pursuant to the following paragraph and division (D) of this | 47282 |
| section. Any determination of the fair market value of the | 47283 |
| enterprise acquisition project reflected in the transfer agreement | 47284 |
| shall be conclusive and binding on the state and JobsOhio. | 47285 |
| Any transfer of the enterprise acquisition project that is a | 47286 |
| lease or grant of a franchise shall be for a term not to exceed | 47287 |
| twenty-five years. Any transfer of the enterprise acquisition | 47288 |
| project that is an assignment and sale, conveyance, or other | 47289 |
| transfer shall contain a provision that the state shall have the | 47290 |
| option to have conveyed or transferred back to it, at no cost, the | 47291 |
| enterprise acquisition project, as it then exists, no later than | 47292 |
| twenty-five years after the original transfer authorized in the | 47293 |
| transfer agreement on such other terms as shall be provided in the | 47294 |
| transfer agreement. | 47295 |
| The exercise of the powers granted by this section will be | 47296 |
| for the benefit of the people of the state. All or any portion of | 47297 |
| the enterprise acquisition project transferred pursuant to the | 47298 |
| transfer agreement that would be exempt from real property taxes | 47299 |
| or assessments or real property taxes or assessments in the | 47300 |
| absence of such transfer shall, as it may from time to time exist | 47301 |
| thereafter, remain exempt from real property taxes or assessments | 47302 |
| levied by the state and its subdivisions to the same extent as if | 47303 |
| not transferred. The gross receipts and income of JobsOhio derived | 47304 |
| from the enterprise acquisition project shall be exempt from | 47305 |
| taxation levied by the state and its subdivisions, including, but | 47306 |
| not limited to, the taxes levied pursuant to Chapters 718., 5739., | 47307 |
| 5741., 5747., and 5751. of the Revised Code. Any transfer from the | 47308 |
| state to JobsOhio of the enterprise acquisition project, or item | 47309 |
| included or to be included in the project, shall be exempt from | 47310 |
| the taxes levied pursuant to Chapters 5739. and 5741. of the | 47311 |
| Revised Code. | 47312 |
| (B) The proceeds of any transfer under division (A) of this | 47313 |
| section may be expended as provided in the transfer agreement for | 47314 |
| any one or more of the following purposes: | 47315 |
| (1) Funding, payment, or defeasance of outstanding bonds | 47316 |
| issued pursuant to Chapters 151. and 166. of the Revised Code and | 47317 |
| secured by pledged liquor profits as defined in section 151.40 of | 47318 |
| the Revised Code; | 47319 |
| (2) Deposit into the general revenue fund; | 47320 |
| (3) Deposit into the clean Ohio revitalization fund created | 47321 |
| pursuant to section 122.658 of the Revised Code, the innovation | 47322 |
| Ohio loan fund created pursuant to section 166.16 of the Revised | 47323 |
| Code, the research and development loan fund created pursuant to | 47324 |
| section 166.20 of the Revised Code, the logistics and distribution | 47325 |
| infrastructure fund created pursuant to section 166.26 of the | 47326 |
| Revised Code, the advanced energy research and development fund | 47327 |
| created pursuant to section 3706.27 of the Revised Code, and the | 47328 |
| advanced energy research and development taxable fund created | 47329 |
| pursuant to section 3706.27 of the Revised Code; | 47330 |
| (4) Conveyance to JobsOhio for the purposes for which it was | 47331 |
| created. | 47332 |
| (C)(1) The state may covenant, pledge, and agree in the | 47333 |
| transfer agreement, with and for the benefit of JobsOhio, that it | 47334 |
| shall maintain statutory authority for the enterprise acquisition | 47335 |
| project and the revenues of the enterprise acquisition project and | 47336 |
| not otherwise materially impair any obligations supported by a | 47337 |
| pledge of revenues of the enterprise acquisition project. The | 47338 |
| transfer agreement may provide or authorize the manner for | 47339 |
| determining material impairment of the security for any such | 47340 |
| outstanding obligations, including by assessing and evaluating the | 47341 |
| revenues of the enterprise acquisition project. | 47342 |
| (2) The director of budget and management, in consultation | 47343 |
| with the director of commerce, may, without need for any other | 47344 |
| approval, negotiate terms of any documents, including the transfer | 47345 |
| agreement, necessary to effect the transfer and the acceptance of | 47346 |
| the transfer of the enterprise acquisition project. The director | 47347 |
| of budget and management and the director of commerce shall | 47348 |
| execute the transfer agreement on behalf of the state. The | 47349 |
| director of budget and management may also, without need for any | 47350 |
| other approval, retain or contract for the services of commercial | 47351 |
| appraisers, underwriters, investment bankers, and financial | 47352 |
| advisers, as are necessary in the judgment of the director of | 47353 |
| budget and management to effect the transfer agreement. Any | 47354 |
| transfer agreement may contain terms and conditions established by | 47355 |
| the state to carry out and effectuate the purposes of this | 47356 |
| section, including, without limitation, covenants binding the | 47357 |
| state in favor of JobsOhio. Any such transfer agreement shall be | 47358 |
| sufficient to effectuate the transfer without regard to any other | 47359 |
| laws governing other property sales or financial transactions by | 47360 |
| the state. The director of budget and management may create any | 47361 |
| funds or accounts, within or without the state treasury, as are | 47362 |
| needed for the transactions and activities authorized by this | 47363 |
| section. | 47364 |
| (3) The transfer agreement may authorize JobsOhio, in the | 47365 |
| ordinary course of doing business, to convey, lease, release, or | 47366 |
| otherwise dispose of any regular inventory or tangible personal | 47367 |
| property. Ownership of the interest in the enterprise acquisition | 47368 |
| project that is transferred to JobsOhio under this section and the | 47369 |
| transfer agreement shall be maintained in JobsOhio or a nonprofit | 47370 |
| entity the sole member of which is JobsOhio until the enterprise | 47371 |
| acquisition project is transferred back to the state pursuant to | 47372 |
| the second paragraph of division (A) and division (D) of this | 47373 |
| section. | 47374 |
| (D) The transfer agreement may authorize JobsOhio to fix, | 47375 |
| alter, and collect rentals and other charges for the use and | 47376 |
| occupancy of all or any portion of the enterprise acquisition | 47377 |
| project and to lease any portion of the enterprise acquisition | 47378 |
| project to the state, and shall include a contract with, or the | 47379 |
| granting of an option to, the state to have the enterprise | 47380 |
| acquisition project, as it then exists, transferred back to it | 47381 |
| without charge in accordance with the terms of the transfer | 47382 |
| agreement after retirement or redemption, or provision therefor, | 47383 |
| of all obligations supported by a pledge of spirituous liquor | 47384 |
| profits. | 47385 |
| (E) JobsOhio, the director of budget and management, and the | 47386 |
| director of commerce shall, subject to approval by the controlling | 47387 |
| board, enter into a contract, which may be part of the transfer | 47388 |
| agreement, for the continuing operation by the division of liquor | 47389 |
| control of spirituous liquor distribution and merchandising | 47390 |
| subject to standards for performance provided in that contract | 47391 |
| that may relate to or support division (C)(1) of this section. The | 47392 |
| contract shall establish other terms and conditions for the | 47393 |
| assignment of duties to, and the provision of advice, services, | 47394 |
| and other assistance by, the division of liquor control, including | 47395 |
| providing for the necessary staffing and payment by JobsOhio of | 47396 |
| appropriate compensation to the division for the performance of | 47397 |
| such duties and the provision of such advice, services, and other | 47398 |
| assistance. The division of liquor control shall manage and | 47399 |
| actively supervise the activities required or authorized under | 47400 |
| sections 4301.10 and 4301.17 of the Revised Code as those sections | 47401 |
|
exist on | 47402 |
| including, but not limited to, controlling the traffic in | 47403 |
| intoxicating liquor in this state and fixing the wholesale and | 47404 |
| retail prices at which the various classes, varieties, and brands | 47405 |
| of spirituous liquor are sold. | 47406 |
| (F) The transfer agreement shall require JobsOhio to pay for | 47407 |
| the operations of the division of liquor control with regard to | 47408 |
| the spirituous liquor merchandising operations of the division. | 47409 |
| The payments from JobsOhio shall be deposited into the state | 47410 |
|
treasury to the credit of the liquor | 47411 |
|
fund | 47412 |
| hereby created in the state treasury. The fund shall be used to | 47413 |
| pay for the operations of the division specified in this division. | 47414 |
| (G) The transaction and transfer provided for under this | 47415 |
| section shall comply with all applicable provisions of the Ohio | 47416 |
| Constitution. | 47417 |
| Sec. 4501.01. As used in this chapter and Chapters 4503., | 47418 |
| 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 47419 |
| Revised Code, and in the penal laws, except as otherwise provided: | 47420 |
| (A) "Vehicles" means everything on wheels or runners, | 47421 |
| including motorized bicycles, but does not mean electric personal | 47422 |
| assistive mobility devices, vehicles that are operated exclusively | 47423 |
| on rails or tracks or from overhead electric trolley wires, and | 47424 |
| vehicles that belong to any police department, municipal fire | 47425 |
| department, or volunteer fire department, or that are used by such | 47426 |
| a department in the discharge of its functions. | 47427 |
| (B) "Motor vehicle" means any vehicle, including mobile homes | 47428 |
| and recreational vehicles, that is propelled or drawn by power | 47429 |
| other than muscular power or power collected from overhead | 47430 |
| electric trolley wires. "Motor vehicle" does not include utility | 47431 |
| vehicles as defined in division (VV) of this section, motorized | 47432 |
| bicycles, road rollers, traction engines, power shovels, power | 47433 |
| cranes, and other equipment used in construction work and not | 47434 |
| designed for or employed in general highway transportation, | 47435 |
| well-drilling machinery, ditch-digging machinery, farm machinery, | 47436 |
| and trailers that are designed and used exclusively to transport a | 47437 |
| boat between a place of storage and a marina, or in and around a | 47438 |
| marina, when drawn or towed on a public road or highway for a | 47439 |
| distance of no more than ten miles and at a speed of twenty-five | 47440 |
| miles per hour or less. | 47441 |
| (C) "Agricultural tractor" and "traction engine" mean any | 47442 |
| self-propelling vehicle that is designed or used for drawing other | 47443 |
| vehicles or wheeled machinery, but has no provisions for carrying | 47444 |
| loads independently of such other vehicles, and that is used | 47445 |
| principally for agricultural purposes. | 47446 |
| (D) "Commercial tractor," except as defined in division (C) | 47447 |
| of this section, means any motor vehicle that has motive power and | 47448 |
| either is designed or used for drawing other motor vehicles, or is | 47449 |
| designed or used for drawing another motor vehicle while carrying | 47450 |
| a portion of the other motor vehicle or its load, or both. | 47451 |
| (E) "Passenger car" means any motor vehicle that is designed | 47452 |
| and used for carrying not more than nine persons and includes any | 47453 |
| motor vehicle that is designed and used for carrying not more than | 47454 |
| fifteen persons in a ridesharing arrangement. | 47455 |
| (F) "Collector's vehicle" means any motor vehicle or | 47456 |
| agricultural tractor or traction engine that is of special | 47457 |
| interest, that has a fair market value of one hundred dollars or | 47458 |
| more, whether operable or not, and that is owned, operated, | 47459 |
| collected, preserved, restored, maintained, or used essentially as | 47460 |
| a collector's item, leisure pursuit, or investment, but not as the | 47461 |
| owner's principal means of transportation. "Licensed collector's | 47462 |
| vehicle" means a collector's vehicle, other than an agricultural | 47463 |
| tractor or traction engine, that displays current, valid license | 47464 |
| tags issued under section 4503.45 of the Revised Code, or a | 47465 |
| similar type of motor vehicle that displays current, valid license | 47466 |
| tags issued under substantially equivalent provisions in the laws | 47467 |
| of other states. | 47468 |
| (G) "Historical motor vehicle" means any motor vehicle that | 47469 |
| is over twenty-five years old and is owned solely as a collector's | 47470 |
| item and for participation in club activities, exhibitions, tours, | 47471 |
| parades, and similar uses, but that in no event is used for | 47472 |
| general transportation. | 47473 |
| (H) "Noncommercial motor vehicle" means any motor vehicle, | 47474 |
| including a farm truck as defined in section 4503.04 of the | 47475 |
| Revised Code, that is designed by the manufacturer to carry a load | 47476 |
| of no more than one ton and is used exclusively for purposes other | 47477 |
| than engaging in business for profit. | 47478 |
| (I) "Bus" means any motor vehicle that has motor power and is | 47479 |
| designed and used for carrying more than nine passengers, except | 47480 |
| any motor vehicle that is designed and used for carrying not more | 47481 |
| than fifteen passengers in a ridesharing arrangement. | 47482 |
| (J) "Commercial car" or "truck" means any motor vehicle that | 47483 |
| has motor power and is designed and used for carrying merchandise | 47484 |
| or freight, or that is used as a commercial tractor. | 47485 |
| (K) "Bicycle" means every device, other than a tricycle that | 47486 |
| is designed solely for use as a play vehicle by a child, that is | 47487 |
| propelled solely by human power upon which any person may ride, | 47488 |
| and that has two tandem wheels, or one wheel in front and two | 47489 |
| wheels in the rear, or two wheels in the front and one wheel in | 47490 |
| the rear, any of which is more than fourteen inches in diameter. | 47491 |
| (L) "Motorized bicycle" means any vehicle that either has two | 47492 |
| tandem wheels or one wheel in the front and two wheels in the | 47493 |
| rear, that is capable of being pedaled, and that is equipped with | 47494 |
| a helper motor of not more than fifty cubic centimeters piston | 47495 |
| displacement that produces no more than one brake horsepower and | 47496 |
| is capable of propelling the vehicle at a speed of no greater than | 47497 |
| twenty miles per hour on a level surface. | 47498 |
| (M) "Trailer" means any vehicle without motive power that is | 47499 |
| designed or used for carrying property or persons wholly on its | 47500 |
| own structure and for being drawn by a motor vehicle, and includes | 47501 |
| any such vehicle that is formed by or operated as a combination of | 47502 |
| a semitrailer and a vehicle of the dolly type such as that | 47503 |
| commonly known as a trailer dolly, a vehicle used to transport | 47504 |
| agricultural produce or agricultural production materials between | 47505 |
| a local place of storage or supply and the farm when drawn or | 47506 |
| towed on a public road or highway at a speed greater than | 47507 |
| twenty-five miles per hour, and a vehicle that is designed and | 47508 |
| used exclusively to transport a boat between a place of storage | 47509 |
| and a marina, or in and around a marina, when drawn or towed on a | 47510 |
| public road or highway for a distance of more than ten miles or at | 47511 |
| a speed of more than twenty-five miles per hour. "Trailer" does | 47512 |
| not include a manufactured home or travel trailer. | 47513 |
| (N) "Noncommercial trailer" means any trailer, except a | 47514 |
| travel trailer or trailer that is used to transport a boat as | 47515 |
| described in division (B) of this section, but, where applicable, | 47516 |
| includes a vehicle that is used to transport a boat as described | 47517 |
| in division (M) of this section, that has a gross weight of no | 47518 |
| more than ten thousand pounds, and that is used exclusively for | 47519 |
| purposes other than engaging in business for a profit, such as the | 47520 |
| transportation of personal items for personal or recreational | 47521 |
| purposes. | 47522 |
| (O) "Mobile home" means a building unit or assembly of closed | 47523 |
| construction that is fabricated in an off-site facility, is more | 47524 |
| than thirty-five body feet in length or, when erected on site, is | 47525 |
| three hundred twenty or more square feet, is built on a permanent | 47526 |
| chassis, is transportable in one or more sections, and does not | 47527 |
| qualify as a manufactured home as defined in division (C)(4) of | 47528 |
| section 3781.06 of the Revised Code or as an industrialized unit | 47529 |
| as defined in division (C)(3) of section 3781.06 of the Revised | 47530 |
| Code. | 47531 |
| (P) "Semitrailer" means any vehicle of the trailer type that | 47532 |
| does not have motive power and is so designed or used with another | 47533 |
| and separate motor vehicle that in operation a part of its own | 47534 |
| weight or that of its load, or both, rests upon and is carried by | 47535 |
| the other vehicle furnishing the motive power for propelling | 47536 |
| itself and the vehicle referred to in this division, and includes, | 47537 |
| for the purpose only of registration and taxation under those | 47538 |
| chapters, any vehicle of the dolly type, such as a trailer dolly, | 47539 |
| that is designed or used for the conversion of a semitrailer into | 47540 |
| a trailer. | 47541 |
| (Q) "Recreational vehicle" means a vehicular portable | 47542 |
| structure that meets all of the following conditions: | 47543 |
| (1) It is designed for the sole purpose of recreational | 47544 |
| travel. | 47545 |
| (2) It is not used for the purpose of engaging in business | 47546 |
| for profit. | 47547 |
| (3) It is not used for the purpose of engaging in intrastate | 47548 |
| commerce. | 47549 |
| (4) It is not used for the purpose of commerce as defined in | 47550 |
| 49 C.F.R. 383.5, as amended. | 47551 |
| (5) It is not regulated by the public utilities commission | 47552 |
|
pursuant to Chapter | 47553 |
| Code. | 47554 |
| (6) It is classed as one of the following: | 47555 |
| (a) "Travel trailer" means a nonself-propelled recreational | 47556 |
| vehicle that does not exceed an overall length of thirty-five | 47557 |
| feet, exclusive of bumper and tongue or coupling, and contains | 47558 |
| less than three hundred twenty square feet of space when erected | 47559 |
| on site. "Travel trailer" includes a tent-type fold-out camping | 47560 |
| trailer as defined in section 4517.01 of the Revised Code. | 47561 |
| (b) "Motor home" means a self-propelled recreational vehicle | 47562 |
| that has no fifth wheel and is constructed with permanently | 47563 |
| installed facilities for cold storage, cooking and consuming of | 47564 |
| food, and for sleeping. | 47565 |
| (c) "Truck camper" means a nonself-propelled recreational | 47566 |
| vehicle that does not have wheels for road use and is designed to | 47567 |
| be placed upon and attached to a motor vehicle. "Truck camper" | 47568 |
| does not include truck covers that consist of walls and a roof, | 47569 |
| but do not have floors and facilities enabling them to be used as | 47570 |
| a dwelling. | 47571 |
| (d) "Fifth wheel trailer" means a vehicle that is of such | 47572 |
| size and weight as to be movable without a special highway permit, | 47573 |
| that has a gross trailer area of four hundred square feet or less, | 47574 |
| that is constructed with a raised forward section that allows a | 47575 |
| bi-level floor plan, and that is designed to be towed by a vehicle | 47576 |
| equipped with a fifth-wheel hitch ordinarily installed in the bed | 47577 |
| of a truck. | 47578 |
| (e) "Park trailer" means a vehicle that is commonly known as | 47579 |
| a park model recreational vehicle, meets the American national | 47580 |
| standard institute standard A119.5 (1988) for park trailers, is | 47581 |
| built on a single chassis, has a gross trailer area of four | 47582 |
| hundred square feet or less when set up, is designed for seasonal | 47583 |
| or temporary living quarters, and may be connected to utilities | 47584 |
| necessary for the operation of installed features and appliances. | 47585 |
| (R) "Pneumatic tires" means tires of rubber and fabric or | 47586 |
| tires of similar material, that are inflated with air. | 47587 |
| (S) "Solid tires" means tires of rubber or similar elastic | 47588 |
| material that are not dependent upon confined air for support of | 47589 |
| the load. | 47590 |
| (T) "Solid tire vehicle" means any vehicle that is equipped | 47591 |
| with two or more solid tires. | 47592 |
| (U) "Farm machinery" means all machines and tools that are | 47593 |
| used in the production, harvesting, and care of farm products, and | 47594 |
| includes trailers that are used to transport agricultural produce | 47595 |
| or agricultural production materials between a local place of | 47596 |
| storage or supply and the farm, agricultural tractors, threshing | 47597 |
| machinery, hay-baling machinery, corn shellers, hammermills, and | 47598 |
| machinery used in the production of horticultural, agricultural, | 47599 |
| and vegetable products. | 47600 |
| (V) "Owner" includes any person or firm, other than a | 47601 |
| manufacturer or dealer, that has title to a motor vehicle, except | 47602 |
| that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 47603 |
| includes in addition manufacturers and dealers. | 47604 |
| (W) "Manufacturer" and "dealer" include all persons and firms | 47605 |
| that are regularly engaged in the business of manufacturing, | 47606 |
| selling, displaying, offering for sale, or dealing in motor | 47607 |
| vehicles, at an established place of business that is used | 47608 |
| exclusively for the purpose of manufacturing, selling, displaying, | 47609 |
| offering for sale, or dealing in motor vehicles. A place of | 47610 |
| business that is used for manufacturing, selling, displaying, | 47611 |
| offering for sale, or dealing in motor vehicles shall be deemed to | 47612 |
| be used exclusively for those purposes even though snowmobiles or | 47613 |
| all-purpose vehicles are sold or displayed for sale thereat, even | 47614 |
| though farm machinery is sold or displayed for sale thereat, or | 47615 |
| even though repair, accessory, gasoline and oil, storage, parts, | 47616 |
| service, or paint departments are maintained thereat, or, in any | 47617 |
| county having a population of less than seventy-five thousand at | 47618 |
| the last federal census, even though a department in a place of | 47619 |
| business is used to dismantle, salvage, or rebuild motor vehicles | 47620 |
| by means of used parts, if such departments are operated for the | 47621 |
| purpose of furthering and assisting in the business of | 47622 |
| manufacturing, selling, displaying, offering for sale, or dealing | 47623 |
| in motor vehicles. Places of business or departments in a place of | 47624 |
| business used to dismantle, salvage, or rebuild motor vehicles by | 47625 |
| means of using used parts are not considered as being maintained | 47626 |
| for the purpose of assisting or furthering the manufacturing, | 47627 |
| selling, displaying, and offering for sale or dealing in motor | 47628 |
| vehicles. | 47629 |
| (X) "Operator" includes any person who drives or operates a | 47630 |
| motor vehicle upon the public highways. | 47631 |
| (Y) "Chauffeur" means any operator who operates a motor | 47632 |
| vehicle, other than a taxicab, as an employee for hire; or any | 47633 |
| operator whether or not the owner of a motor vehicle, other than a | 47634 |
| taxicab, who operates such vehicle for transporting, for gain, | 47635 |
| compensation, or profit, either persons or property owned by | 47636 |
| another. Any operator of a motor vehicle who is voluntarily | 47637 |
| involved in a ridesharing arrangement is not considered an | 47638 |
| employee for hire or operating such vehicle for gain, | 47639 |
| compensation, or profit. | 47640 |
| (Z) "State" includes the territories and federal districts of | 47641 |
| the United States, and the provinces of Canada. | 47642 |
| (AA) "Public roads and highways" for vehicles includes all | 47643 |
| public thoroughfares, bridges, and culverts. | 47644 |
| (BB) "Manufacturer's number" means the manufacturer's | 47645 |
| original serial number that is affixed to or imprinted upon the | 47646 |
| chassis or other part of the motor vehicle. | 47647 |
| (CC) "Motor number" means the manufacturer's original number | 47648 |
| that is affixed to or imprinted upon the engine or motor of the | 47649 |
| vehicle. | 47650 |
| (DD) "Distributor" means any person who is authorized by a | 47651 |
| motor vehicle manufacturer to distribute new motor vehicles to | 47652 |
| licensed motor vehicle dealers at an established place of business | 47653 |
| that is used exclusively for the purpose of distributing new motor | 47654 |
| vehicles to licensed motor vehicle dealers, except when the | 47655 |
| distributor also is a new motor vehicle dealer, in which case the | 47656 |
| distributor may distribute at the location of the distributor's | 47657 |
| licensed dealership. | 47658 |
| (EE) "Ridesharing arrangement" means the transportation of | 47659 |
| persons in a motor vehicle where the transportation is incidental | 47660 |
| to another purpose of a volunteer driver and includes ridesharing | 47661 |
| arrangements known as carpools, vanpools, and buspools. | 47662 |
| (FF) "Apportionable vehicle" means any vehicle that is used | 47663 |
| or intended for use in two or more international registration plan | 47664 |
| member jurisdictions that allocate or proportionally register | 47665 |
| vehicles, that is used for the transportation of persons for hire | 47666 |
| or designed, used, or maintained primarily for the transportation | 47667 |
| of property, and that meets any of the following qualifications: | 47668 |
| (1) Is a power unit having a gross vehicle weight in excess | 47669 |
| of twenty-six thousand pounds; | 47670 |
| (2) Is a power unit having three or more axles, regardless of | 47671 |
| the gross vehicle weight; | 47672 |
| (3) Is a combination vehicle with a gross vehicle weight in | 47673 |
| excess of twenty-six thousand pounds. | 47674 |
| "Apportionable vehicle" does not include recreational | 47675 |
| vehicles, vehicles displaying restricted plates, city pick-up and | 47676 |
| delivery vehicles, buses used for the transportation of chartered | 47677 |
| parties, or vehicles owned and operated by the United States, this | 47678 |
| state, or any political subdivisions thereof. | 47679 |
| (GG) "Chartered party" means a group of persons who contract | 47680 |
| as a group to acquire the exclusive use of a passenger-carrying | 47681 |
| motor vehicle at a fixed charge for the vehicle in accordance with | 47682 |
| the carrier's tariff, lawfully on file with the United States | 47683 |
| department of transportation, for the purpose of group travel to a | 47684 |
| specified destination or for a particular itinerary, either agreed | 47685 |
| upon in advance or modified by the chartered group after having | 47686 |
| left the place of origin. | 47687 |
| (HH) "International registration plan" means a reciprocal | 47688 |
| agreement of member jurisdictions that is endorsed by the American | 47689 |
| association of motor vehicle administrators, and that promotes and | 47690 |
| encourages the fullest possible use of the highway system by | 47691 |
| authorizing apportioned registration of fleets of vehicles and | 47692 |
| recognizing registration of vehicles apportioned in member | 47693 |
| jurisdictions. | 47694 |
| (II) "Restricted plate" means a license plate that has a | 47695 |
| restriction of time, geographic area, mileage, or commodity, and | 47696 |
| includes license plates issued to farm trucks under division (J) | 47697 |
| of section 4503.04 of the Revised Code. | 47698 |
| (JJ) "Gross vehicle weight," with regard to any commercial | 47699 |
| car, trailer, semitrailer, or bus that is taxed at the rates | 47700 |
| established under section 4503.042 or 4503.65 of the Revised Code, | 47701 |
| means the unladen weight of the vehicle fully equipped plus the | 47702 |
| maximum weight of the load to be carried on the vehicle. | 47703 |
| (KK) "Combined gross vehicle weight" with regard to any | 47704 |
| combination of a commercial car, trailer, and semitrailer, that is | 47705 |
| taxed at the rates established under section 4503.042 or 4503.65 | 47706 |
| of the Revised Code, means the total unladen weight of the | 47707 |
| combination of vehicles fully equipped plus the maximum weight of | 47708 |
| the load to be carried on that combination of vehicles. | 47709 |
| (LL) "Chauffeured limousine" means a motor vehicle that is | 47710 |
| designed to carry nine or fewer passengers and is operated for | 47711 |
| hire on an hourly basis pursuant to a prearranged contract for the | 47712 |
| transportation of passengers on public roads and highways along a | 47713 |
| route under the control of the person hiring the vehicle and not | 47714 |
| over a defined and regular route. "Prearranged contract" means an | 47715 |
| agreement, made in advance of boarding, to provide transportation | 47716 |
| from a specific location in a chauffeured limousine at a fixed | 47717 |
| rate per hour or trip. "Chauffeured limousine" does not include | 47718 |
| any vehicle that is used exclusively in the business of funeral | 47719 |
| directing. | 47720 |
| (MM) "Manufactured home" has the same meaning as in division | 47721 |
| (C)(4) of section 3781.06 of the Revised Code. | 47722 |
| (NN) "Acquired situs," with respect to a manufactured home or | 47723 |
| a mobile home, means to become located in this state by the | 47724 |
| placement of the home on real property, but does not include the | 47725 |
| placement of a manufactured home or a mobile home in the inventory | 47726 |
| of a new motor vehicle dealer or the inventory of a manufacturer, | 47727 |
| remanufacturer, or distributor of manufactured or mobile homes. | 47728 |
| (OO) "Electronic" includes electrical, digital, magnetic, | 47729 |
| optical, electromagnetic, or any other form of technology that | 47730 |
| entails capabilities similar to these technologies. | 47731 |
| (PP) "Electronic record" means a record generated, | 47732 |
| communicated, received, or stored by electronic means for use in | 47733 |
| an information system or for transmission from one information | 47734 |
| system to another. | 47735 |
| (QQ) "Electronic signature" means a signature in electronic | 47736 |
| form attached to or logically associated with an electronic | 47737 |
| record. | 47738 |
| (RR) "Financial transaction device" has the same meaning as | 47739 |
| in division (A) of section 113.40 of the Revised Code. | 47740 |
| (SS) "Electronic motor vehicle dealer" means a motor vehicle | 47741 |
| dealer licensed under Chapter 4517. of the Revised Code whom the | 47742 |
| registrar of motor vehicles determines meets the criteria | 47743 |
| designated in section 4503.035 of the Revised Code for electronic | 47744 |
| motor vehicle dealers and designates as an electronic motor | 47745 |
| vehicle dealer under that section. | 47746 |
| (TT) "Electric personal assistive mobility device" means a | 47747 |
| self-balancing two non-tandem wheeled device that is designed to | 47748 |
| transport only one person, has an electric propulsion system of an | 47749 |
| average of seven hundred fifty watts, and when ridden on a paved | 47750 |
| level surface by an operator who weighs one hundred seventy pounds | 47751 |
| has a maximum speed of less than twenty miles per hour. | 47752 |
| (UU) "Limited driving privileges" means the privilege to | 47753 |
| operate a motor vehicle that a court grants under section 4510.021 | 47754 |
| of the Revised Code to a person whose driver's or commercial | 47755 |
| driver's license or permit or nonresident operating privilege has | 47756 |
| been suspended. | 47757 |
| (VV) "Utility vehicle" means a self-propelled vehicle | 47758 |
| designed with a bed, principally for the purpose of transporting | 47759 |
| material or cargo in connection with construction, agricultural, | 47760 |
| forestry, grounds maintenance, lawn and garden, materials | 47761 |
| handling, or similar activities. "Utility vehicle" includes a | 47762 |
| vehicle with a maximum attainable speed of twenty miles per hour | 47763 |
| or less that is used exclusively within the boundaries of state | 47764 |
| parks by state park employees or volunteers for the operation or | 47765 |
| maintenance of state park facilities. | 47766 |
| Sec. 4501.06. The taxes, fees, and fines levied, charged, or | 47767 |
| referred to in division (O) of section 4503.04, division (E) of | 47768 |
| section 4503.042, division (B) of section 4503.07, division (C)(1) | 47769 |
| of section 4503.10, division (D) of section 4503.182, division (A) | 47770 |
| of section 4503.19, division (D)(2) of section 4507.24, division | 47771 |
| (A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11, | 47772 |
|
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, | 47773 |
| of the Revised Code, and the taxes charged in section 4503.65 that | 47774 |
| are distributed in accordance with division (A)(2) of section | 47775 |
| 4501.044 of the Revised Code unless otherwise designated by law, | 47776 |
| shall be deposited in the state treasury to the credit of the | 47777 |
| state highway safety fund, which is hereby created, and shall, | 47778 |
| after receipt of certifications from the commissioners of the | 47779 |
| sinking fund certifying that there are sufficient moneys to the | 47780 |
| credit of the highway obligations bond retirement fund created by | 47781 |
| section 5528.32 of the Revised Code to meet in full all payments | 47782 |
| of interest, principal, and charges for the retirement of highway | 47783 |
| obligations issued pursuant to Section 2i of Article VIII, Ohio | 47784 |
| Constitution, and sections 5528.30 and 5528.31 of the Revised Code | 47785 |
| due and payable during the current calendar year, be used for the | 47786 |
| purpose of enforcing and paying the expenses of administering the | 47787 |
| law relative to the registration and operation of motor vehicles | 47788 |
| on the public roads or highways. Amounts credited to the fund may | 47789 |
| also be used to pay the expenses of administering and enforcing | 47790 |
| the laws under which such fees were collected. All investment | 47791 |
| earnings of the state highway safety fund shall be credited to the | 47792 |
| fund. | 47793 |
| Sec. 4503.031. (A)(1) If the registrar of motor vehicles | 47794 |
| determines that space is available at a deputy registrar's office, | 47795 |
| the clerk of the court of common pleas in the county where the | 47796 |
| deputy is located shall be given the opportunity to use the space | 47797 |
| for the purpose of carrying out the clerk's duties related to the | 47798 |
| titling of motor vehicles. Each clerk of the court of common pleas | 47799 |
| using space in a deputy registrar's office shall remit to the | 47800 |
| deputy a rental fee equal to the percentage of space occupied by | 47801 |
| the clerk in the deputy's office multiplied by the rental fee or | 47802 |
| mortgage cost paid for the entire deputy registrar's office plus a | 47803 |
| pro rata share of all utility costs. | 47804 |
| (2) If the clerk of the court of common pleas determines that | 47805 |
| space is available at any location at which the clerk has an | 47806 |
| office, the clerk shall inform the registrar of that fact and | 47807 |
| shall provide the registrar with all pertinent information about | 47808 |
| the available space. After giving due consideration to the | 47809 |
| locations of deputy registrar offices existing in the county in | 47810 |
| which the clerk of the court of common pleas is located, the | 47811 |
| registrar shall inform the appropriate deputy registrars, if any, | 47812 |
| of the available space of the clerk of the court of common pleas. | 47813 |
| Each such deputy registrar shall be given the opportunity to use | 47814 |
| the space for the purpose of carrying out the deputy registrar's | 47815 |
| duties. Each deputy registrar using space in the office of the | 47816 |
| clerk of a court of common pleas shall remit to the clerk a rental | 47817 |
| fee equal to the percentage of space occupied by the deputy | 47818 |
| registrar in the clerk's office multiplied by the rental fee or | 47819 |
| mortgage cost, if any, paid for the entire clerk's office plus a | 47820 |
| pro rata share of all utility costs. | 47821 |
| If no current deputy registrar elects to utilize the | 47822 |
| available space of the clerk of the court of common pleas, the | 47823 |
| registrar shall inform all persons who express an interest to the | 47824 |
| registrar in becoming a deputy registrar in that county of the | 47825 |
| available space of the clerk if the space in fact continues to be | 47826 |
| available. | 47827 |
| (3) A clerk of the court of common pleas and a deputy | 47828 |
| registrar may elect to occupy a location at which neither the | 47829 |
| clerk nor the deputy currently is an occupant. Any such | 47830 |
| arrangement is subject to the approval of the registrar, who shall | 47831 |
| give due consideration to all issues and aspects of the proposed | 47832 |
| arrangement, including security at the location and service to the | 47833 |
| public. | 47834 |
| (B) | 47835 |
|
public safety and the registrar | 47836 |
| 47837 | |
| 47838 | |
| be located at or near a deputy registrar's office. For each | 47839 |
| driver's license examination station located at a deputy | 47840 |
|
registrar's office, the | 47841 |
| director shall remit to the deputy a rental fee equal to the | 47842 |
| percentage of space occupied for the driver's license examination | 47843 |
| station multiplied by the rental fee or mortgage cost paid for the | 47844 |
| entire deputy registrar's office plus a pro rata share of all | 47845 |
| utility costs. | 47846 |
| (C) During the regular business hours of deputy registrars, | 47847 |
| the registrar shall keep the central office open and sufficiently | 47848 |
| staffed to be able to respond to the technical needs of the | 47849 |
| deputies. | 47850 |
| (D) The registrar shall adopt rules to promote public | 47851 |
| information regarding motor vehicle registration. The rules shall | 47852 |
| include: | 47853 |
| (1) The operation by the registrar, during the regular | 47854 |
| business hours of deputy registrars, of a toll-free telephone | 47855 |
| number to give information and receive complaints; | 47856 |
| (2) The listing by the registrar, of each deputy registrar, | 47857 |
| together with the toll-free telephone number required under | 47858 |
| division (D)(1) of this section, in the local business and | 47859 |
| advertising telephone directory for the area served by the deputy, | 47860 |
| under the heading of the bureau of motor vehicles. | 47861 |
| Sec. 4503.061. (A) All manufactured and mobile homes shall | 47862 |
| be listed on either the real property tax list or the manufactured | 47863 |
| home tax list of the county in which the home has situs. Each | 47864 |
| owner shall follow the procedures in this section to identify the | 47865 |
| home to the county auditor of the county containing the taxing | 47866 |
| district in which the home has situs so that the auditor may place | 47867 |
| the home on the appropriate tax list. | 47868 |
| (B) When a manufactured or mobile home first acquires situs | 47869 |
| in this state and is subject to real property taxation pursuant to | 47870 |
| division (B)(1) or (2) of section 4503.06 of the Revised Code, the | 47871 |
| owner shall present to the auditor of the county containing the | 47872 |
| taxing district in which the home has its situs the certificate of | 47873 |
| title for the home, together with proof that all taxes due have | 47874 |
| been paid and proof that a relocation notice was obtained for the | 47875 |
| home if required under this section. Upon receiving the | 47876 |
| certificate of title and the required proofs, the auditor shall | 47877 |
| place the home on the real property tax list and proceed to treat | 47878 |
| the home as other properties on that list. After the auditor has | 47879 |
| placed the home on the tax list of real and public utility | 47880 |
| property, the auditor shall deliver the certificate of title to | 47881 |
| the clerk of the court of common pleas that issued it pursuant to | 47882 |
| section 4505.11 of the Revised Code, and the clerk shall | 47883 |
| inactivate the certificate of title. | 47884 |
| (C)(1) When a manufactured or mobile home subject to a | 47885 |
| manufactured home tax is relocated to or first acquires situs in | 47886 |
| any county that has adopted a permanent manufactured home | 47887 |
| registration system, as provided in division (F) of this section, | 47888 |
| the owner, within thirty days after the home is relocated or first | 47889 |
| acquires situs under section 4503.06 of the Revised Code, shall | 47890 |
| register the home with the county auditor of the county containing | 47891 |
| the taxing district in which the home has its situs. For the first | 47892 |
| registration in each county of situs, the owner or vendee in | 47893 |
| possession shall present to the county auditor an Ohio certificate | 47894 |
| of title, certified copy of the certificate of title, or | 47895 |
| memorandum certificate of title as such are required by law, and | 47896 |
| proof, as required by the county auditor, that the home, if it has | 47897 |
| previously been occupied and is being relocated, has been | 47898 |
| previously registered, that all taxes due and required to be paid | 47899 |
| under division (H)(1) of this section before a relocation notice | 47900 |
| may be issued have been paid, and that a relocation notice was | 47901 |
| obtained for the home if required by division (H) of this section. | 47902 |
| If the owner or vendee does not possess the Ohio certificate of | 47903 |
| title, certified copy of the certificate of title, or memorandum | 47904 |
| certificate of title at the time the owner or vendee first | 47905 |
| registers the home in a county, the county auditor shall register | 47906 |
| the home without presentation of the document, but the owner or | 47907 |
| vendee shall present the certificate of title, certified copy of | 47908 |
| the certificate of title, or memorandum certificate of title to | 47909 |
| the county auditor within fourteen days after the owner or vendee | 47910 |
| obtains possession of the document. | 47911 |
| (2) When a manufactured or mobile home is registered for the | 47912 |
| first time in a county and when the total tax due has been paid as | 47913 |
| required by division (F) of section 4503.06 of the Revised Code or | 47914 |
| divisions (E) and (H) of this section, the county treasurer shall | 47915 |
| note by writing or by a stamp on the certificate of title, | 47916 |
| certified copy of certificate of title, or memorandum certificate | 47917 |
| of title that the home has been registered and that the taxes due, | 47918 |
| if any, have been paid for the preceding five years and for the | 47919 |
| current year. The treasurer shall then issue a certificate | 47920 |
| evidencing registration and a decal to be displayed on the street | 47921 |
| side of the home. The certificate is valid in any county in this | 47922 |
| state during the year for which it is issued. | 47923 |
| (3) For each year thereafter, the county treasurer shall | 47924 |
| issue a tax bill stating the amount of tax due under section | 47925 |
| 4503.06 of the Revised Code, as provided in division (D)(6) of | 47926 |
| that section. When the total tax due has been paid as required by | 47927 |
| division (F) of that section, the county treasurer shall issue a | 47928 |
| certificate evidencing registration that shall be valid in any | 47929 |
| county in this state during the year for which the certificate is | 47930 |
| issued. | 47931 |
| (4) The permanent decal issued under this division is valid | 47932 |
| during the period of ownership, except that when a manufactured | 47933 |
| home is relocated in another county the owner shall apply for a | 47934 |
| new registration as required by this section and section 4503.06 | 47935 |
| of the Revised Code. | 47936 |
| (D)(1) All owners of manufactured or mobile homes subject to | 47937 |
| the manufactured home tax being relocated to or having situs in a | 47938 |
| county that has not adopted a permanent registration system, as | 47939 |
| provided in division (F) of this section, shall register the home | 47940 |
| within thirty days after the home is relocated or first acquires | 47941 |
| situs under section 4503.06 of the Revised Code and thereafter | 47942 |
| shall annually register the home with the county auditor of the | 47943 |
| county containing the taxing district in which the home has its | 47944 |
| situs. | 47945 |
| (2) Upon the annual registration, the county treasurer shall | 47946 |
| issue a tax bill stating the amount of annual manufactured home | 47947 |
| tax due under section 4503.06 of the Revised Code, as provided in | 47948 |
| division (D)(6) of that section. When a manufactured or mobile | 47949 |
| home is registered and when the tax for the current one-half year | 47950 |
| has been paid as required by division (F) of that section, the | 47951 |
| county treasurer shall issue a certificate evidencing registration | 47952 |
| and a decal. The certificate and decal are valid in any county in | 47953 |
| this state during the year for which they are issued. The decal | 47954 |
| shall be displayed on the street side of the home. | 47955 |
| (3) For the first annual registration in each county of | 47956 |
| situs, the county auditor shall require the owner or vendee to | 47957 |
| present an Ohio certificate of title, certified copy of the | 47958 |
| certificate of title, or memorandum certificate of title as such | 47959 |
| are required by law, and proof, as required by the county auditor, | 47960 |
| that the manufactured or mobile home has been previously | 47961 |
| registered, if such registration was required, that all taxes due | 47962 |
| and required to be paid under division (H)(1) of this section | 47963 |
| before a relocation notice may be issued have been paid, and that | 47964 |
| a relocation notice was obtained for the home if required by | 47965 |
| division (H) of this section. If the owner or vendee does not | 47966 |
| possess the Ohio certificate of title, certified copy of the | 47967 |
| certificate of title, or memorandum certificate of title at the | 47968 |
| time the owner or vendee first registers the home in a county, the | 47969 |
| county auditor shall register the home without presentation of the | 47970 |
| document, but the owner or vendee shall present the certificate of | 47971 |
| title, certified copy of the certificate of title, or memorandum | 47972 |
| certificate of title to the county auditor within fourteen days | 47973 |
| after the owner or vendee obtains possession of the document. When | 47974 |
| the county treasurer receives the tax payment, the county | 47975 |
| treasurer shall note by writing or by a stamp on the certificate | 47976 |
| of title, certified copy of the certificate of title, or | 47977 |
| memorandum certificate of title that the home has been registered | 47978 |
| for the current year and that the manufactured home taxes due, if | 47979 |
| any, have been paid for the preceding five years and for the | 47980 |
| current year. | 47981 |
| (4) For subsequent annual registrations, the auditor may | 47982 |
| require the owner or vendee in possession to present an Ohio | 47983 |
| certificate of title, certified copy of the certificate of title, | 47984 |
| or memorandum certificate of title to the county treasurer upon | 47985 |
| payment of the manufactured home tax that is due. | 47986 |
| (E)(1) Upon the application to transfer ownership of a | 47987 |
| manufactured or mobile home for which manufactured home taxes are | 47988 |
| paid pursuant to division (C) of section 4503.06 of the Revised | 47989 |
| Code the clerk of the court of common pleas shall not issue any | 47990 |
| certificate of title that does not contain or have attached both | 47991 |
| of the following: | 47992 |
| (a) An endorsement of the county treasurer stating that the | 47993 |
| home has been registered for each year of ownership and that all | 47994 |
| manufactured home taxes imposed pursuant to section 4503.06 of the | 47995 |
| Revised Code have been paid or that no tax is due; | 47996 |
| (b) An endorsement of the county auditor that the | 47997 |
| manufactured home transfer tax imposed pursuant to section 322.06 | 47998 |
| of the Revised Code and any fees imposed under division (G) of | 47999 |
| section 319.54 of the Revised Code have been paid. | 48000 |
| (2) If all the taxes have not been paid, the clerk shall | 48001 |
| notify the vendee to contact the county treasurer of the county | 48002 |
| containing the taxing district in which the home has its situs at | 48003 |
| the time of the proposed transfer. The county treasurer shall then | 48004 |
| collect all the taxes that are due for the year of the transfer | 48005 |
| and all previous years not exceeding a total of five years. The | 48006 |
| county treasurer shall distribute that part of the collection owed | 48007 |
| to the county treasurer of other counties if the home had its | 48008 |
| situs in another county during a particular year when the unpaid | 48009 |
| tax became due and payable. The burden to prove the situs of the | 48010 |
| home in the years that the taxes were not paid is on the | 48011 |
| transferor of the home. Upon payment of the taxes, the county | 48012 |
| auditor shall remove all remaining taxes from the manufactured | 48013 |
| home tax list and the delinquent manufactured home tax list, and | 48014 |
| the county treasurer shall release all liens for such taxes. The | 48015 |
| clerk of courts shall issue a certificate of title, free and clear | 48016 |
| of all liens for manufactured home taxes, to the transferee of the | 48017 |
| home. | 48018 |
| (3) Once the transfer is complete and the certificate of | 48019 |
| title has been issued, the transferee shall register the | 48020 |
| manufactured or mobile home pursuant to division (C) or (D) of | 48021 |
| this section with the county auditor of the county containing the | 48022 |
| taxing district in which the home remains after the transfer or, | 48023 |
| if the home is relocated to another county, with the county | 48024 |
| auditor of the county to which the home is relocated. The | 48025 |
| transferee need not pay the annual tax for the year of acquisition | 48026 |
| if the original owner has already paid the annual tax for that | 48027 |
| year. | 48028 |
| (F) The county auditor may adopt a permanent registration | 48029 |
| system and issue a permanent decal with the first registration as | 48030 |
| prescribed by the tax commissioner. | 48031 |
| (G) When any manufactured or mobile home required to be | 48032 |
| registered by this section is not registered, the county auditor | 48033 |
| shall impose a penalty of one hundred dollars upon the owner and | 48034 |
| deposit the amount to the credit of the county real estate | 48035 |
| assessment fund to be used to pay the costs of administering this | 48036 |
| section and section 4503.06 of the Revised Code. If unpaid, the | 48037 |
| penalty shall constitute a lien on the home and shall be added by | 48038 |
| the county auditor to the manufactured home tax list for | 48039 |
| collection. | 48040 |
| (H)(1) Except as otherwise provided in this division, before | 48041 |
| moving a manufactured or mobile home on public roads from one | 48042 |
| address within this state to another address within or outside | 48043 |
| this state, the owner of the home shall obtain a relocation | 48044 |
| notice, as provided by this section, from the auditor of the | 48045 |
| county in which the home is located if the home is currently | 48046 |
| subject to taxation pursuant to section 4503.06 of the Revised | 48047 |
| Code. The auditor shall charge five dollars for the notice, and | 48048 |
| deposit the amount to the credit of the county real estate | 48049 |
| assessment fund to be used to pay the costs of administering this | 48050 |
| section and section 4503.06 of the Revised Code. The auditor shall | 48051 |
| not issue a relocation notice unless all taxes owed on the home | 48052 |
| under section 4503.06 of the Revised Code that were first charged | 48053 |
| to the home during the period of ownership of the owner seeking | 48054 |
| the relocation notice have been paid. If the home is being moved | 48055 |
| by a new owner of the home or by a party taking repossession of | 48056 |
| the home, the auditor shall not issue a relocation notice unless | 48057 |
| all of the taxes due for the preceding five years and for the | 48058 |
| current year have been paid. A relocation notice issued by a | 48059 |
| county auditor is valid until the last day of December of the year | 48060 |
| in which it was issued. | 48061 |
| If the home is being moved by a sheriff, police officer, | 48062 |
| constable, bailiff, or manufactured home park operator, as defined | 48063 |
|
in section | 48064 |
| any of these persons, for purposes of removal from a manufactured | 48065 |
| home park and storage, sale, or destruction under section 1923.14 | 48066 |
| of the Revised Code, the auditor shall issue a relocation notice | 48067 |
| without requiring payment of any taxes owed on the home under | 48068 |
| section 4503.06 of the Revised Code. | 48069 |
| (2) If a manufactured or mobile home is not yet subject to | 48070 |
| taxation under section 4503.06 of the Revised Code, the owner of | 48071 |
| the home shall obtain a relocation notice from the dealer of the | 48072 |
| home. Within thirty days after the manufactured or mobile home is | 48073 |
| purchased, the dealer of the home shall provide the auditor of the | 48074 |
| county in which the home is to be located written notice of the | 48075 |
| name of the purchaser of the home, the registration number or | 48076 |
| vehicle identification number of the home, and the address or | 48077 |
| location to which the home is to be moved. The county auditor | 48078 |
| shall provide to each manufactured and mobile home dealer, without | 48079 |
| charge, a supply of relocation notices to be distributed to | 48080 |
| purchasers pursuant to this section. | 48081 |
| (3) The notice shall be in the form of a one-foot square | 48082 |
| yellow sign with the words "manufactured home relocation notice" | 48083 |
| printed prominently on it. The name of the owner of the home, the | 48084 |
| home's registration number or vehicle identification number, the | 48085 |
| county and the address or location to which the home is being | 48086 |
| moved, and the county in which the notice is issued shall also be | 48087 |
| entered on the notice. | 48088 |
| (4) The relocation notice must be attached to the rear of the | 48089 |
| home when the home is being moved on a public road. Except as | 48090 |
| provided in divisions (H)(1) and (5) of this section, no person | 48091 |
| shall drive a motor vehicle moving a manufactured or mobile home | 48092 |
| on a public road from one address to another address within this | 48093 |
| state unless a relocation notice is attached to the rear of the | 48094 |
| home. | 48095 |
| (5) If the county auditor determines that a manufactured or | 48096 |
| mobile home has been moved without a relocation notice as required | 48097 |
| under this division, the auditor shall impose a penalty of one | 48098 |
| hundred dollars upon the owner of the home and upon the person who | 48099 |
| moved the home and deposit the amount to the credit of the county | 48100 |
| real estate assessment fund to pay the costs of administering this | 48101 |
| section and section 4503.06 of the Revised Code. If the home was | 48102 |
| relocated from one county in this state to another county in this | 48103 |
| state and the county auditor of the county to which the home was | 48104 |
| relocated imposes the penalty, that county auditor, upon | 48105 |
| collection of the penalty, shall cause an amount equal to the | 48106 |
| penalty to be transmitted from the county real estate assessment | 48107 |
| fund to the county auditor of the county from which the home was | 48108 |
| relocated, who shall deposit the amount to the credit of the | 48109 |
| county real estate assessment fund. If the penalty on the owner is | 48110 |
| unpaid, the penalty shall constitute a lien on the home and the | 48111 |
| auditor shall add the penalty to the manufactured home tax list | 48112 |
| for collection. If the county auditor determines that a dealer | 48113 |
| that has sold a manufactured or mobile home has failed to timely | 48114 |
| provide the information required under this division, the auditor | 48115 |
| shall impose a penalty upon the dealer in the amount of one | 48116 |
| hundred dollars. The penalty shall be credited to the county real | 48117 |
| estate assessment fund and used to pay the costs of administering | 48118 |
| this section and section 4503.06 of the Revised Code. | 48119 |
| (I) Whoever violates division (H)(4) of this section is | 48120 |
| guilty of a minor misdemeanor. | 48121 |
| Sec. 4503.062. (A) Every operator of a manufactured home | 48122 |
|
court, or manufactured home park, as defined in section | 48123 |
| 4781.01 of the Revised Code, or when there is no operator, every | 48124 |
| owner of property used for such purposes on which three or more | 48125 |
| manufactured or mobile homes are located, shall keep a register of | 48126 |
| all manufactured and mobile homes that make use of the court, | 48127 |
| park, or property. The register shall contain all of the | 48128 |
| following: | 48129 |
| (1) The name of the owner and all inhabitants of each home; | 48130 |
| (2) The ages of all inhabitants of each home; | 48131 |
| (3) The permanent and temporary post office addresses of all | 48132 |
| inhabitants of each home; | 48133 |
| (4) The license number of each home; | 48134 |
| (5) The state issuing each such license; | 48135 |
| (6) The date of arrival and of departure of each home; | 48136 |
| (7) The make and model of each home, if known and if either | 48137 |
| of the following applies: | 48138 |
| (a) The home enters the court, park, or property on or after | 48139 |
| January 1, 2003. | 48140 |
| (b) Ownership of the home in the court or park, or on the | 48141 |
| property, is transferred on or after January 1, 2003. | 48142 |
| (B) The register shall be open to inspection by the county | 48143 |
| auditor, the county treasurer, agents of the auditor or treasurer, | 48144 |
| and all law enforcement agencies at all times. | 48145 |
| (C) Any person who fails to comply with this section shall be | 48146 |
| fined not less than twenty-five nor more than one hundred dollars. | 48147 |
| Sec. 4503.49. (A) As used in this section, "ambulance," | 48148 |
| "ambulette," "emergency medical service organization," | 48149 |
| "nonemergency medical service organization," and "nontransport | 48150 |
| vehicle" have the same meanings as in section 4766.01 of the | 48151 |
| Revised Code. | 48152 |
| (B) Each private emergency medical service organization and | 48153 |
| each private nonemergency medical service organization shall apply | 48154 |
| to the registrar of motor vehicles for the registration of any | 48155 |
| ambulance, ambulette, or nontransport vehicle it owns or leases. | 48156 |
| The application shall be accompanied by a copy of the certificate | 48157 |
|
of licensure issued to the organization by the | 48158 |
|
emergency medical and transportation | 48159 |
| following fees: | 48160 |
| (1) The regular license tax as prescribed under section | 48161 |
| 4503.04 of the Revised Code; | 48162 |
| (2) Any local license tax levied under Chapter 4504. of the | 48163 |
| Revised Code; | 48164 |
| (3) An additional fee of seven dollars and fifty cents. The | 48165 |
| additional fee shall be for the purpose of compensating the bureau | 48166 |
| of motor vehicles for additional services required to be performed | 48167 |
| under this section and shall be transmitted by the registrar to | 48168 |
| the treasurer of state for deposit in the state bureau of motor | 48169 |
| vehicles fund created by section 4501.25 of the Revised Code. | 48170 |
| (C) On receipt of a complete application, the registrar shall | 48171 |
| issue to the applicant the appropriate certificate of registration | 48172 |
| for the vehicle and do one of the following: | 48173 |
| (1) Issue a set of license plates with a validation sticker | 48174 |
| and a set of stickers to be attached to the plates as an | 48175 |
| identification of the vehicle's classification as an ambulance, | 48176 |
| ambulette, or nontransport vehicle; | 48177 |
| (2) Issue a validation sticker alone when so required by | 48178 |
| section 4503.191 of the Revised Code. | 48179 |
| Sec. 4503.81. As used in the bus taxation proration and | 48180 |
| reciprocity agreement authorized by section 4503.80 of the Revised | 48181 |
| Code, with reference to Ohio, "administrator" means the registrar | 48182 |
| of motor vehicles. | 48183 |
| The registrar may make such exemptions from the coverage of | 48184 |
| the agreement as may be appropriate and may make such changes in | 48185 |
| methods for the reporting of any information required to be | 48186 |
|
furnished to this state pursuant to the agreement as, in | 48187 |
| registrar's judgment, are suitable; provided that any such | 48188 |
| exemptions or changes shall not be contrary to the purposes set | 48189 |
| forth in article I of the agreement and shall be made in order to | 48190 |
| permit the continuance of uniformity of practice among the | 48191 |
| contracting states with respect to buses. Any such exemption or | 48192 |
| change shall be made by rule adopted under Chapter 119. of the | 48193 |
| Revised Code. Unless otherwise provided in any statute withdrawing | 48194 |
| this state from participation in the agreement, the governor shall | 48195 |
| be the officer to give notice of withdrawal therefrom. | 48196 |
| The fees referred to in article IV (a) of the agreement shall | 48197 |
| include the fees provided in section 4503.04 of the Revised Code | 48198 |
|
and the annual tax provided in section | 48199 |
| Revised Code. As to the state of Ohio, article V (d) shall mean | 48200 |
| that all fleets not subject to this compact shall continue to | 48201 |
| enjoy that reciprocity and those privileges extended by virtue of | 48202 |
| other provisions of the Revised Code. | 48203 |
| Nothing contained herein shall be construed so as to permit a | 48204 |
| fleet which is prorating under the laws of another state to avoid | 48205 |
| proration under this compact. | 48206 |
| The registrar of motor vehicles shall collect a fee of two | 48207 |
| dollars per bus for every bus registered under the provisions of | 48208 |
| article IV (a) for administration of the agreement, in addition to | 48209 |
| the fees provided in article IV (a). | 48210 |
| The registrar of motor vehicles shall assess the operator of | 48211 |
| buses registered under the provisions of article IV (a) the actual | 48212 |
|
cost of | 48213 |
| by the operator in accordance with article IV (a). | 48214 |
| The registrar of motor vehicles may renounce the | 48215 |
| participation of this state in the bus taxation proration and | 48216 |
| reciprocity agreement under article VI of section 4503.80 of the | 48217 |
|
Revised Code, | 48218 |
| in the compact is not in the best interests of the state. The | 48219 |
|
registrar shall set forth | 48220 |
| and serve notice of intention to renounce the compact upon the | 48221 |
|
owner of each registered fleet. | 48222 |
| certify the renunciation to the governor. | 48223 |
| Sec. 4506.01. As used in this chapter: | 48224 |
| (A) "Alcohol concentration" means the concentration of | 48225 |
| alcohol in a person's blood, breath, or urine. When expressed as a | 48226 |
| percentage, it means grams of alcohol per the following: | 48227 |
| (1) One hundred milliliters of whole blood, blood serum, or | 48228 |
| blood plasma; | 48229 |
| (2) Two hundred ten liters of breath; | 48230 |
| (3) One hundred milliliters of urine. | 48231 |
| (B) "Commercial driver's license" means a license issued in | 48232 |
| accordance with this chapter that authorizes an individual to | 48233 |
| drive a commercial motor vehicle. | 48234 |
| (C) "Commercial driver's license information system" means | 48235 |
| the information system established pursuant to the requirements of | 48236 |
| the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. | 48237 |
| 3207-171, 49 U.S.C.A. App. 2701. | 48238 |
| (D) Except when used in section 4506.25 of the Revised Code, | 48239 |
| "commercial motor vehicle" means any motor vehicle designed or | 48240 |
| used to transport persons or property that meets any of the | 48241 |
| following qualifications: | 48242 |
| (1) Any combination of vehicles with a combined gross vehicle | 48243 |
| weight rating of twenty-six thousand one pounds or more, provided | 48244 |
| the gross vehicle weight rating of the vehicle or vehicles being | 48245 |
| towed is in excess of ten thousand pounds; | 48246 |
| (2) Any single vehicle with a gross vehicle weight rating of | 48247 |
| twenty-six thousand one pounds or more, or any such vehicle towing | 48248 |
| a vehicle having a gross vehicle weight rating that is not in | 48249 |
| excess of ten thousand pounds; | 48250 |
| (3) Any single vehicle or combination of vehicles that is not | 48251 |
| a class A or class B vehicle, but is designed to transport sixteen | 48252 |
| or more passengers including the driver; | 48253 |
| (4) Any school bus with a gross vehicle weight rating of less | 48254 |
| than twenty-six thousand one pounds that is designed to transport | 48255 |
| fewer than sixteen passengers including the driver; | 48256 |
| (5) Is transporting hazardous materials for which placarding | 48257 |
| is required under subpart F of 49 C.F.R. part 172, as amended; | 48258 |
| (6) Any single vehicle or combination of vehicles that is | 48259 |
| designed to be operated and to travel on a public street or | 48260 |
| highway and is considered by the federal motor carrier safety | 48261 |
| administration to be a commercial motor vehicle, including, but | 48262 |
| not limited to, a motorized crane, a vehicle whose function is to | 48263 |
| pump cement, a rig for drilling wells, and a portable crane. | 48264 |
| (E) "Controlled substance" means all of the following: | 48265 |
| (1) Any substance classified as a controlled substance under | 48266 |
| the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. | 48267 |
| 802(6), as amended; | 48268 |
| (2) Any substance included in schedules I through V of 21 | 48269 |
| C.F.R. part 1308, as amended; | 48270 |
| (3) Any drug of abuse. | 48271 |
| (F) "Conviction" means an unvacated adjudication of guilt or | 48272 |
| a determination that a person has violated or failed to comply | 48273 |
| with the law in a court of original jurisdiction or an authorized | 48274 |
| administrative tribunal, an unvacated forfeiture of bail or | 48275 |
| collateral deposited to secure the person's appearance in court, a | 48276 |
| plea of guilty or nolo contendere accepted by the court, the | 48277 |
| payment of a fine or court cost, or violation of a condition of | 48278 |
| release without bail, regardless of whether or not the penalty is | 48279 |
| rebated, suspended, or probated. | 48280 |
| (G) "Disqualification" means any of the following: | 48281 |
| (1) The suspension, revocation, or cancellation of a person's | 48282 |
| privileges to operate a commercial motor vehicle; | 48283 |
| (2) Any withdrawal of a person's privileges to operate a | 48284 |
| commercial motor vehicle as the result of a violation of state or | 48285 |
| local law relating to motor vehicle traffic control other than | 48286 |
| parking, vehicle weight, or vehicle defect violations; | 48287 |
| (3) A determination by the federal motor carrier safety | 48288 |
| administration that a person is not qualified to operate a | 48289 |
| commercial motor vehicle under 49 C.F.R. 391. | 48290 |
| (H) "Downgrade" means any of the following, as applicable: | 48291 |
| (1) A change in the commercial driver's license holder's | 48292 |
| self-certified status as described in division (A)(2) of section | 48293 |
| 4506.10 of the Revised Code; | 48294 |
| (2) A change to a lesser class of vehicle; | 48295 |
| (3) Removal of commercial driver's license privileges from | 48296 |
| the individual's driver's license. | 48297 |
| (I) "Drive" means to drive, operate, or be in physical | 48298 |
| control of a motor vehicle. | 48299 |
| (J) "Driver" means any person who drives, operates, or is in | 48300 |
| physical control of a commercial motor vehicle or is required to | 48301 |
| have a commercial driver's license. | 48302 |
| (K) "Driver's license" means a license issued by the bureau | 48303 |
| of motor vehicles that authorizes an individual to drive. | 48304 |
| (L) "Drug of abuse" means any controlled substance, dangerous | 48305 |
| drug as defined in section 4729.01 of the Revised Code, or | 48306 |
| over-the-counter medication that, when taken in quantities | 48307 |
| exceeding the recommended dosage, can result in impairment of | 48308 |
| judgment or reflexes. | 48309 |
| (M) "Electronic device" includes a cellular telephone, a | 48310 |
| personal digital assistant, a pager, a computer, and any other | 48311 |
| device used to input, write, send, receive, or read text. | 48312 |
| (N) "Eligible unit of local government" means a village, | 48313 |
| township, or county that has a population of not more than three | 48314 |
| thousand persons according to the most recent federal census. | 48315 |
| (O) "Employer" means any person, including the federal | 48316 |
| government, any state, and a political subdivision of any state, | 48317 |
| that owns or leases a commercial motor vehicle or assigns a person | 48318 |
| to drive such a motor vehicle. | 48319 |
| (P) "Endorsement" means an authorization on a person's | 48320 |
| commercial driver's license that is required to permit the person | 48321 |
| to operate a specified type of commercial motor vehicle. | 48322 |
| (Q) "Farm truck" means a truck controlled and operated by a | 48323 |
| farmer for use in the transportation to or from a farm, for a | 48324 |
| distance of not more than one hundred fifty miles, of products of | 48325 |
| the farm, including livestock and its products, poultry and its | 48326 |
| products, floricultural and horticultural products, and in the | 48327 |
| transportation to the farm, from a distance of not more than one | 48328 |
| hundred fifty miles, of supplies for the farm, including tile, | 48329 |
| fence, and every other thing or commodity used in agricultural, | 48330 |
| floricultural, horticultural, livestock, and poultry production, | 48331 |
| and livestock, poultry, and other animals and things used for | 48332 |
| breeding, feeding, or other purposes connected with the operation | 48333 |
| of the farm, when the truck is operated in accordance with this | 48334 |
|
division and is not used in the operations of a | 48335 |
| 48336 | |
| section 4923.01 of the Revised Code. | 48337 |
| (R) "Fatality" means the death of a person as the result of a | 48338 |
| motor vehicle accident occurring not more than three hundred | 48339 |
| sixty-five days prior to the date of death. | 48340 |
| (S) "Felony" means any offense under federal or state law | 48341 |
| that is punishable by death or specifically classified as a felony | 48342 |
| under the law of this state, regardless of the penalty that may be | 48343 |
| imposed. | 48344 |
| (T) "Foreign jurisdiction" means any jurisdiction other than | 48345 |
| a state. | 48346 |
| (U) "Gross vehicle weight rating" means the value specified | 48347 |
| by the manufacturer as the maximum loaded weight of a single or a | 48348 |
| combination vehicle. The gross vehicle weight rating of a | 48349 |
| combination vehicle is the gross vehicle weight rating of the | 48350 |
| power unit plus the gross vehicle weight rating of each towed | 48351 |
| unit. | 48352 |
| (V) "Hazardous materials" means any material that has been | 48353 |
| designated as hazardous under 49 U.S.C. 5103 and is required to be | 48354 |
| placarded under subpart F of 49 C.F.R. part 172 or any quantity of | 48355 |
| a material listed as a select agent or toxin in 42 C.F.R. part 73, | 48356 |
| as amended. | 48357 |
| (W) "Imminent hazard" means the existence of a condition that | 48358 |
| presents a substantial likelihood that death, serious illness, | 48359 |
| severe personal injury, or a substantial endangerment to health, | 48360 |
| property, or the environment may occur before the reasonably | 48361 |
| foreseeable completion date of a formal proceeding begun to lessen | 48362 |
| the risk of that death, illness, injury, or endangerment. | 48363 |
| (X) "Medical variance" means one of the following received by | 48364 |
| a driver from the federal motor carrier safety administration that | 48365 |
| allows the driver to be issued a medical certificate: | 48366 |
| (1) An exemption letter permitting operation of a commercial | 48367 |
| motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64; | 48368 |
| (2) A skill performance evaluation certificate permitting | 48369 |
| operation of a commercial motor vehicle pursuant to 49 C.F.R. | 48370 |
| 391.49. | 48371 |
| (Y) "Motor vehicle" means a vehicle, machine, tractor, | 48372 |
| trailer, or semitrailer propelled or drawn by mechanical power | 48373 |
| used on highways, except that such term does not include a | 48374 |
| vehicle, machine, tractor, trailer, or semitrailer operated | 48375 |
| exclusively on a rail. | 48376 |
| (Z) "Out-of-service order" means a declaration by an | 48377 |
| authorized enforcement officer of a federal, state, local, | 48378 |
| Canadian, or Mexican jurisdiction declaring that a driver, | 48379 |
| commercial motor vehicle, or commercial motor carrier operation is | 48380 |
| out of service as defined in 49 C.F.R. 390.5. | 48381 |
| (AA) "Peace officer" has the same meaning as in section | 48382 |
| 2935.01 of the Revised Code. | 48383 |
| (BB) "Portable tank" means a liquid or gaseous packaging | 48384 |
| designed primarily to be loaded onto or temporarily attached to a | 48385 |
| vehicle and equipped with skids, mountings, or accessories to | 48386 |
| facilitate handling of the tank by mechanical means. | 48387 |
| (CC) "Public safety vehicle" has the same meaning as in | 48388 |
| divisions (E)(1) and (3) of section 4511.01 of the Revised Code. | 48389 |
| (DD) "Recreational vehicle" includes every vehicle that is | 48390 |
| defined as a recreational vehicle in section 4501.01 of the | 48391 |
| Revised Code and is used exclusively for purposes other than | 48392 |
| engaging in business for profit. | 48393 |
| (EE) "Residence" means any person's residence determined in | 48394 |
| accordance with standards prescribed in rules adopted by the | 48395 |
| registrar. | 48396 |
| (FF) "School bus" has the same meaning as in section 4511.01 | 48397 |
| of the Revised Code. | 48398 |
| (GG) "Serious traffic violation" means any of the following: | 48399 |
| (1) A conviction arising from a single charge of operating a | 48400 |
| commercial motor vehicle in violation of any provision of section | 48401 |
| 4506.03 of the Revised Code; | 48402 |
| (2) A violation while operating a commercial motor vehicle of | 48403 |
| a law of this state, or any municipal ordinance or county or | 48404 |
| township resolution prohibiting texting while driving, or any | 48405 |
| other substantially similar law of another state or political | 48406 |
| subdivision of another state; | 48407 |
| (3) A conviction arising from the operation of any motor | 48408 |
| vehicle that involves any of the following: | 48409 |
| (a) A single charge of any speed in excess of the posted | 48410 |
| speed limit by fifteen miles per hour or more; | 48411 |
| (b) Violation of section 4511.20 or 4511.201 of the Revised | 48412 |
| Code or any similar ordinance or resolution, or of any similar law | 48413 |
| of another state or political subdivision of another state; | 48414 |
| (c) Violation of a law of this state or an ordinance or | 48415 |
| resolution relating to traffic control, other than a parking | 48416 |
| violation, or of any similar law of another state or political | 48417 |
| subdivision of another state, that results in a fatal accident; | 48418 |
| (d) Violation of section 4506.03 of the Revised Code or a | 48419 |
| substantially similar municipal ordinance or county or township | 48420 |
| resolution, or of any similar law of another state or political | 48421 |
| subdivision of another state, that involves the operation of a | 48422 |
| commercial motor vehicle without a valid commercial driver's | 48423 |
| license with the proper class or endorsement for the specific | 48424 |
| vehicle group being operated or for the passengers or type of | 48425 |
| cargo being transported; | 48426 |
| (e) Violation of section 4506.03 of the Revised Code or a | 48427 |
| substantially similar municipal ordinance or county or township | 48428 |
| resolution, or of any similar law of another state or political | 48429 |
| subdivision of another state, that involves the operation of a | 48430 |
| commercial motor vehicle without a valid commercial driver's | 48431 |
| license being in the person's possession; | 48432 |
| (f) Violation of section 4511.33 or 4511.34 of the Revised | 48433 |
| Code, or any municipal ordinance or county or township resolution | 48434 |
| substantially similar to either of those sections, or any | 48435 |
| substantially similar law of another state or political | 48436 |
| subdivision of another state; | 48437 |
| (g) Violation of any other law of this state or an ordinance | 48438 |
| or resolution relating to traffic control, other than a parking | 48439 |
| violation, that is determined to be a serious traffic violation by | 48440 |
| the United States secretary of transportation and the director | 48441 |
| designates as such by rule. | 48442 |
| (HH) "State" means a state of the United States and includes | 48443 |
| the District of Columbia. | 48444 |
| (II) "Tank vehicle" means any commercial motor vehicle that | 48445 |
| is designed to transport any liquid and has a maximum capacity | 48446 |
| greater than one hundred nineteen gallons or is designed to | 48447 |
| transport gaseous materials and has a water capacity greater than | 48448 |
| one thousand pounds within a tank that is either permanently or | 48449 |
| temporarily attached to the vehicle or its chassis. "Tank vehicle" | 48450 |
| does not include any of the following: | 48451 |
| (1) Any portable tank having a rated capacity of less than | 48452 |
| one thousand gallons; | 48453 |
| (2) Tanks used exclusively as a fuel tank for the motor | 48454 |
| vehicle to which it is attached; | 48455 |
| (3) An empty storage container tank that is not designed for | 48456 |
| transportation and that is readily distinguishable from a | 48457 |
| transportation tank; | 48458 |
| (4) Ready-mix concrete mixers. | 48459 |
| (JJ) "Tester" means a person or entity acting pursuant to a | 48460 |
| valid agreement entered into pursuant to division (B) of section | 48461 |
| 4506.09 of the Revised Code. | 48462 |
| (KK) "Texting" means manually entering alphanumeric text | 48463 |
| into, or reading text from, an electronic device. Texting includes | 48464 |
| short message service, e-mail, instant messaging, a command or | 48465 |
| request to access a world wide web page, or engaging in any other | 48466 |
| form of electronic text retrieval or entry, for present or future | 48467 |
| communication. Texting does not include the following: | 48468 |
| (1) Reading, selecting, or entering a telephone number, an | 48469 |
| extension number, or voicemail retrieval codes and commands into | 48470 |
| an electronic device for the purpose of initiating or receiving a | 48471 |
| telephone call or using voice commands to initiate or receive a | 48472 |
| telephone call; | 48473 |
| (2) Inputting, selecting, or reading information on a global | 48474 |
| positioning system or navigation system. | 48475 |
| (LL) "Texting while driving" means texting while operating a | 48476 |
| commercial motor vehicle, with the motor running, including while | 48477 |
| temporarily stationary because of traffic, a traffic control | 48478 |
| device, or other momentary delays, but does not include operating | 48479 |
| a commercial motor vehicle with or without the motor running when | 48480 |
| the driver has moved the vehicle to the side of, or off, a highway | 48481 |
| and is stopped in a location where the vehicle can safely remain | 48482 |
| stationary. | 48483 |
| (MM) "United States" means the fifty states and the District | 48484 |
| of Columbia. | 48485 |
| (NN) "Upgrade" means a change in the class of vehicles, | 48486 |
| endorsements, or self-certified status as described in division | 48487 |
| (A)(2) of section 4506.10 of the Revised Code, that expands the | 48488 |
| ability of a current commercial driver's license holder to operate | 48489 |
| commercial motor vehicles under this chapter; | 48490 |
| (OO) "Vehicle" has the same meaning as in section 4511.01 of | 48491 |
| the Revised Code. | 48492 |
| Sec. 4506.03. (A) Except as provided in divisions (B) and | 48493 |
| (C) of this section, the following shall apply: | 48494 |
| (1) No person shall drive a commercial motor vehicle on a | 48495 |
| highway in this state unless the person holds, and has in the | 48496 |
| person's possession, a valid commercial driver's license with | 48497 |
| proper endorsements for the motor vehicle being driven, issued by | 48498 |
| the registrar of motor vehicles, a valid examiner's commercial | 48499 |
| driving permit issued under section 4506.13 of the Revised Code, a | 48500 |
| valid restricted commercial driver's license and waiver for | 48501 |
| farm-related service industries issued under section 4506.24 of | 48502 |
| the Revised Code, or a valid commercial driver's license temporary | 48503 |
| instruction permit issued by the registrar and is accompanied by | 48504 |
| an authorized state driver's license examiner or tester or a | 48505 |
| person who has been issued and has in the person's immediate | 48506 |
| possession a current, valid commercial driver's license with | 48507 |
| proper endorsements for the motor vehicle being driven. | 48508 |
| (2) No person shall be issued a commercial driver's license | 48509 |
| until the person surrenders to the registrar of motor vehicles all | 48510 |
| valid licenses issued to the person by another jurisdiction | 48511 |
| recognized by this state. The registrar shall report the surrender | 48512 |
| of a license to the issuing authority, together with information | 48513 |
| that a license is now issued in this state. The registrar shall | 48514 |
| destroy any such license that is not returned to the issuing | 48515 |
| authority. | 48516 |
| (3) No person who has been a resident of this state for | 48517 |
| thirty days or longer shall drive a commercial motor vehicle under | 48518 |
| the authority of a commercial driver's license issued by another | 48519 |
| jurisdiction. | 48520 |
| (B) Nothing in division (A) of this section applies to any | 48521 |
| qualified person when engaged in the operation of any of the | 48522 |
| following: | 48523 |
| (1) A farm truck; | 48524 |
| (2) Fire equipment for a fire department, volunteer or | 48525 |
| nonvolunteer fire company, fire district, or joint fire district; | 48526 |
| (3) A public safety vehicle used to provide transportation or | 48527 |
| emergency medical service for ill or injured persons; | 48528 |
| (4) A recreational vehicle; | 48529 |
| (5) A commercial motor vehicle within the boundaries of an | 48530 |
| eligible unit of local government, if the person is employed by | 48531 |
| the eligible unit of local government and is operating the | 48532 |
| commercial motor vehicle for the purpose of removing snow or ice | 48533 |
| from a roadway by plowing, sanding, or salting, but only if either | 48534 |
| the employee who holds a commercial driver's license issued under | 48535 |
| this chapter and ordinarily operates a commercial motor vehicle | 48536 |
| for these purposes is unable to operate the vehicle, or the | 48537 |
| employing eligible unit of local government determines that a snow | 48538 |
| or ice emergency exists that requires additional assistance; | 48539 |
| (6) A vehicle operated for military purposes by any member or | 48540 |
| uniformed employee of the armed forces of the United States or | 48541 |
| their reserve components, including the Ohio national guard. This | 48542 |
| exception does not apply to United States reserve technicians. | 48543 |
| (7) A commercial motor vehicle that is operated for | 48544 |
| nonbusiness purposes. "Operated for nonbusiness purposes" means | 48545 |
| that the commercial motor vehicle is not used in commerce as | 48546 |
| "commerce" is defined in 49 C.F.R. 383.5, as amended, and is not | 48547 |
| regulated by the public utilities commission pursuant to Chapter | 48548 |
| 48549 |
| (8) A motor vehicle that is designed primarily for the | 48550 |
| transportation of goods and not persons, while that motor vehicle | 48551 |
| is being used for the occasional transportation of personal | 48552 |
| property by individuals not for compensation and not in the | 48553 |
| furtherance of a commercial enterprise; | 48554 |
| (9) A police SWAT team vehicle; | 48555 |
| (10) A police vehicle used to transport prisoners. | 48556 |
| (C) Nothing contained in division (B)(5) of this section | 48557 |
| shall be construed as preempting or superseding any law, rule, or | 48558 |
| regulation of this state concerning the safe operation of | 48559 |
| commercial motor vehicles. | 48560 |
| (D) Whoever violates this section is guilty of a misdemeanor | 48561 |
| of the first degree. | 48562 |
| Sec. 4506.22. (A) The director of public safety and the | 48563 |
| registrar of motor vehicles, subject to approval by the director, | 48564 |
| may, in accordance with Chapter 119. of the Revised Code, adopt | 48565 |
| any rules necessary to carry out this chapter. | 48566 |
| (B) The department of public safety may do all of the | 48567 |
| following: | 48568 |
| (1) Enter into or make any agreements, arrangements, or | 48569 |
| declarations necessary to carry out this chapter; | 48570 |
| (2) Charge a fee for all publications that is equal to the | 48571 |
| cost of printing the publications. | 48572 |
| (C) Nothing in this chapter shall be construed to restrict | 48573 |
| the authority of the public utilities commission specified in | 48574 |
| Chapters 4905., 4921., and 4923. of the Revised Code regarding | 48575 |
| safety rules applicable to motor carriers. | 48576 |
| Sec. 4506.25. (A) As used in this section, "commercial motor | 48577 |
| vehicle" means any self-propelled or towed vehicle used on public | 48578 |
| highways in intrastate or interstate commerce to transport | 48579 |
| passengers or property that meets any of the following | 48580 |
| specifications: | 48581 |
| (1) The vehicle has a gross vehicle weight rating or gross | 48582 |
| combination weight rating of ten thousand one pounds or more. | 48583 |
| (2) The vehicle is designed to transport sixteen or more | 48584 |
| passengers, including the driver. | 48585 |
| (3) The vehicle is used in the transportation of hazardous | 48586 |
| materials in a quantity requiring placarding under the regulations | 48587 |
| issued by the United States secretary of transportation under the | 48588 |
| "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 | 48589 |
| U.S.C.A. 1801, as amended. | 48590 |
| (B) The registrar of motor vehicles shall disqualify any | 48591 |
| person from operating a commercial motor vehicle who receives a | 48592 |
| notice of a conviction for violation of an out-of-service order | 48593 |
| issued under rules of the public utilities commission adopted | 48594 |
|
pursuant to | 48595 |
| 48596 | |
| of the same or similar laws of another state or jurisdiction | 48597 |
| applicable to vehicles in regulated commerce. | 48598 |
| Sec. 4507.01. (A) As used in this chapter, "motor vehicle," | 48599 |
| "motorized bicycle," "state," "owner," "operator," "chauffeur," | 48600 |
| and "highways" have the same meanings as in section 4501.01 of the | 48601 |
| Revised Code. | 48602 |
| "Driver's license" means a class D license issued to any | 48603 |
| person to operate a motor vehicle or motor-driven cycle, other | 48604 |
| than a commercial motor vehicle, and includes "probationary | 48605 |
| license," "restricted license," and any operator's or chauffeur's | 48606 |
| license issued before January 1, 1990. | 48607 |
| "Probationary license" means the license issued to any person | 48608 |
| between sixteen and eighteen years of age to operate a motor | 48609 |
| vehicle. | 48610 |
| "Restricted license" means the license issued to any person | 48611 |
| to operate a motor vehicle subject to conditions or restrictions | 48612 |
| imposed by the registrar of motor vehicles. | 48613 |
| "Commercial driver's license" means the license issued to a | 48614 |
| person under Chapter 4506. of the Revised Code to operate a | 48615 |
| commercial motor vehicle. | 48616 |
| "Commercial motor vehicle" has the same meaning as in section | 48617 |
| 4506.01 of the Revised Code. | 48618 |
| "Motorized bicycle license" means the license issued under | 48619 |
| section 4511.521 of the Revised Code to any person to operate a | 48620 |
| motorized bicycle including a "probationary motorized bicycle | 48621 |
| license." | 48622 |
| "Probationary motorized bicycle license" means the license | 48623 |
| issued under section 4511.521 of the Revised Code to any person | 48624 |
| between fourteen and sixteen years of age to operate a motorized | 48625 |
| bicycle. | 48626 |
| "Identification card" means a card issued under sections | 48627 |
| 4507.50 and 4507.51 of the Revised Code. | 48628 |
| "Resident" means a person who, in accordance with standards | 48629 |
| prescribed in rules adopted by the registrar, resides in this | 48630 |
| state on a permanent basis. | 48631 |
| "Temporary resident" means a person who, in accordance with | 48632 |
| standards prescribed in rules adopted by the registrar, resides in | 48633 |
| this state on a temporary basis. | 48634 |
| (B) In the administration of this chapter and Chapter 4506. | 48635 |
| of the Revised Code, the registrar has the same authority as is | 48636 |
| conferred on the registrar by section 4501.02 of the Revised Code. | 48637 |
| Any act of an authorized deputy registrar of motor vehicles under | 48638 |
| direction of the registrar is deemed the act of the registrar. | 48639 |
| To carry out this chapter, the registrar shall appoint such | 48640 |
| deputy registrars in each county as are necessary. | 48641 |
| The registrar also shall provide at each place where an | 48642 |
| application for a driver's or commercial driver's license or | 48643 |
| identification card may be made the necessary equipment to take a | 48644 |
| color photograph of the applicant for such license or card as | 48645 |
| required under section 4506.11 or 4507.06 of the Revised Code, and | 48646 |
| to conduct the vision screenings required by section 4507.12 of | 48647 |
| the Revised Code, and equipment to laminate licenses, motorized | 48648 |
| bicycle licenses, and identification cards as required by sections | 48649 |
| 4507.13, 4507.52, and 4511.521 of the Revised Code. | 48650 |
| The registrar shall assign one or more deputy registrars to | 48651 |
| any driver's license examining station operated under the | 48652 |
|
supervision of the | 48653 |
| whenever the registrar considers such assignment possible. Space | 48654 |
| shall be provided in the driver's license examining station for | 48655 |
| any such deputy registrar so assigned. The deputy registrars shall | 48656 |
| not exercise the powers conferred by such sections upon the | 48657 |
| registrar, unless they are specifically authorized to exercise | 48658 |
| such powers by such sections. | 48659 |
| (C) No agent for any insurance company, writing automobile | 48660 |
| insurance, shall be appointed deputy registrar, and any such | 48661 |
| appointment is void. No deputy registrar shall in any manner | 48662 |
| solicit any form of automobile insurance, nor in any manner | 48663 |
| advise, suggest, or influence any licensee or applicant for | 48664 |
| license for or against any kind or type of automobile insurance, | 48665 |
| insurance company, or agent, nor have the deputy registrar's | 48666 |
| office directly connected with the office of any automobile | 48667 |
| insurance agent, nor impart any information furnished by any | 48668 |
| applicant for a license or identification card to any person, | 48669 |
| except the registrar. This division shall not apply to any | 48670 |
| nonprofit corporation appointed deputy registrar. | 48671 |
| (D) The registrar shall immediately remove a deputy registrar | 48672 |
| who violates the requirements of this chapter. | 48673 |
| (E) The registrar shall periodically solicit bids and enter | 48674 |
| into a contract for the provision of laminating equipment and | 48675 |
| laminating materials to the registrar and all deputy registrars. | 48676 |
| The registrar shall not consider any bid that does not provide for | 48677 |
| the supplying of both laminating equipment and laminating | 48678 |
| materials. The laminating materials selected shall contain a | 48679 |
| security feature so that any tampering with the laminating | 48680 |
| material covering a license or identification card is readily | 48681 |
| apparent. In soliciting bids and entering into a contract for the | 48682 |
| provision of laminating equipment and laminating materials, the | 48683 |
| registrar shall observe all procedures required by law. | 48684 |
| Sec. 4507.011. (A) Each deputy registrar assigned to a | 48685 |
| driver's license examining station by the registrar of motor | 48686 |
| vehicles as provided in section 4507.01 of the Revised Code shall | 48687 |
|
remit to the | 48688 |
| public safety a rental fee equal to the percentage of space | 48689 |
| occupied by the deputy registrar in the driver's license examining | 48690 |
| station multiplied by the rental fee paid for the entire driver's | 48691 |
| license examining station plus a pro rata share of all utility | 48692 |
|
costs. All such moneys received by the | 48693 |
| shall be deposited in the state treasury to the credit of the | 48694 |
| registrar rental fund, which is hereby created. The moneys in the | 48695 |
|
fund shall be used by the
| 48696 |
| public safety only to pay the rent and expenses of the driver's | 48697 |
| license examining stations. All investment earnings of the fund | 48698 |
| shall be credited to the fund. | 48699 |
| (B) Each deputy registrar assigned to a bureau of motor | 48700 |
| vehicles' location shall reimburse the registrar a monthly | 48701 |
| building rental fee, including applicable utility charges. All | 48702 |
| such moneys received by the registrar shall be deposited into the | 48703 |
| state bureau of motor vehicles fund created in section 4501.25 of | 48704 |
| the Revised Code. | 48705 |
| Sec. 4507.12. (A) Except as provided in division (C) of | 48706 |
| section 4507.10 of the Revised Code, each person applying for the | 48707 |
| renewal of a driver's license shall submit to a screening of the | 48708 |
| person's vision before the license may be renewed. The vision | 48709 |
| screening shall be conducted at the office of the deputy registrar | 48710 |
| receiving the application for license renewal. | 48711 |
| (B) When the results of a vision screening given under | 48712 |
| division (A) of this section indicate that the vision of the | 48713 |
| person examined meets the standards required for licensing, the | 48714 |
| deputy registrar may renew the person's driver's license at that | 48715 |
| time. | 48716 |
| (C) When the results of a vision screening given under | 48717 |
| division (A) of this section indicate that the vision of the | 48718 |
| person screened may not meet the standards required for licensing, | 48719 |
| the deputy registrar shall not renew the person's driver's license | 48720 |
| at that time but shall refer the person to a driver's license | 48721 |
|
examiner appointed by the | 48722 |
| 48723 | |
| Revised Code for a further examination of the person's vision. | 48724 |
| When a person referred to a driver's license examiner by a deputy | 48725 |
| registrar does not meet the vision standards required for | 48726 |
| licensing, the driver's license examiner shall retain the person's | 48727 |
| operator's or chauffeur's license and shall immediately notify the | 48728 |
| registrar of motor vehicles of that fact. No driver's license | 48729 |
| shall be issued to any such person, until the person's vision is | 48730 |
| corrected to meet the standards required for licensing and the | 48731 |
| person passes the vision screening required by this section. Any | 48732 |
| person who operates a motor vehicle on a highway, or on any public | 48733 |
| or private property used by the public for purposes of vehicular | 48734 |
| travel or parking, during the time the person's driver's license | 48735 |
| is held by a driver's license examiner under this division, shall | 48736 |
| be deemed to be operating a motor vehicle in violation of division | 48737 |
| (A) of section 4510.12 of the Revised Code. | 48738 |
| (D) The registrar shall adopt rules and shall provide any | 48739 |
| forms necessary to properly conduct vision screenings at the | 48740 |
| office of a deputy registrar. | 48741 |
| (E) No person conducting vision screenings under this section | 48742 |
| shall be personally liable for damages for injury or loss to | 48743 |
| persons or property and for death caused by the operation of a | 48744 |
| motor vehicle by any person whose driver's license was renewed by | 48745 |
| the deputy registrar under division (B) of this section. | 48746 |
| Sec. 4507.51. (A)(1) Every application for an identification | 48747 |
| card or duplicate shall be made on a form furnished by the | 48748 |
| registrar of motor vehicles, shall be signed by the applicant, and | 48749 |
| by the applicant's parent or guardian if the applicant is under | 48750 |
| eighteen years of age, and shall contain the following information | 48751 |
| pertaining to the applicant: name, date of birth, sex, general | 48752 |
| description including the applicant's height, weight, hair color, | 48753 |
| and eye color, address, and social security number. The | 48754 |
| application also shall state whether an applicant wishes to | 48755 |
| certify willingness to make an anatomical gift under section | 48756 |
| 2108.05 of the Revised Code and shall include information about | 48757 |
| the requirements of sections 2108.01 to 2108.29 of the Revised | 48758 |
| Code that apply to persons who are less than eighteen years of | 48759 |
| age. The statement regarding willingness to make such a donation | 48760 |
| shall be given no consideration in the decision of whether to | 48761 |
| issue an identification card. Each applicant shall be photographed | 48762 |
| in color at the time of making application. | 48763 |
| (2)(a) The application also shall state whether the applicant | 48764 |
| has executed a valid durable power of attorney for health care | 48765 |
| pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 48766 |
| executed a declaration governing the use or continuation, or the | 48767 |
| withholding or withdrawal, of life-sustaining treatment pursuant | 48768 |
| to sections 2133.01 to 2133.15 of the Revised Code and, if the | 48769 |
| applicant has executed either type of instrument, whether the | 48770 |
| applicant wishes the identification card issued to indicate that | 48771 |
| the applicant has executed the instrument. | 48772 |
| (b) On and after October 7, 2009, the application also shall | 48773 |
| state whether the applicant is a veteran, active duty, or | 48774 |
| reservist of the armed forces of the United States and, if the | 48775 |
| applicant is such, whether the applicant wishes the identification | 48776 |
| card issued to indicate that the applicant is a veteran, active | 48777 |
| duty, or reservist of the armed forces of the United States by a | 48778 |
| military designation on the identification card. | 48779 |
| (3) The registrar or deputy registrar, in accordance with | 48780 |
| section 3503.11 of the Revised Code, shall register as an elector | 48781 |
| any person who applies for an identification card or duplicate if | 48782 |
| the applicant is eligible and wishes to be registered as an | 48783 |
| elector. The decision of an applicant whether to register as an | 48784 |
| elector shall be given no consideration in the decision of whether | 48785 |
| to issue the applicant an identification card or duplicate. | 48786 |
| (B) The application for an identification card or duplicate | 48787 |
| shall be filed in the office of the registrar or deputy registrar. | 48788 |
| Each applicant shall present documentary evidence as required by | 48789 |
| the registrar of the applicant's age and identity, and the | 48790 |
| applicant shall swear that all information given is true. An | 48791 |
| identification card issued by the department of rehabilitation and | 48792 |
| correction under section 5120.59 of the Revised Code or an | 48793 |
| identification card issued by the department of youth services | 48794 |
| under section 5139.511 of the Revised Code shall be sufficient | 48795 |
| documentary evidence under this division upon verification of the | 48796 |
| applicant's social security number by the registrar or a deputy | 48797 |
| registrar. Upon issuing an identification card under this section | 48798 |
| for a person who has been issued an identification card under | 48799 |
| section 5120.59 or section 5139.511 of the Revised Code, the | 48800 |
| registrar or deputy registrar shall destroy the identification | 48801 |
| card issued under section 5120.59 or section 5139.511 of the | 48802 |
| Revised Code. | 48803 |
| All applications for an identification card or duplicate | 48804 |
| shall be filed in duplicate, and if submitted to a deputy | 48805 |
| registrar, a copy shall be forwarded to the registrar. The | 48806 |
| registrar shall prescribe rules for the manner in which a deputy | 48807 |
| registrar is to file and maintain applications and other records. | 48808 |
| The registrar shall maintain a suitable, indexed record of all | 48809 |
| applications denied and cards issued or canceled. | 48810 |
| (C) In addition to any other information it contains, on and | 48811 |
|
after the date that is fifteen months after | 48812 |
| 48813 | |
| of motor vehicles for an application for an identification card or | 48814 |
| duplicate shall inform applicants that the applicant must present | 48815 |
| a copy of the applicant's DD-214 or an equivalent document in | 48816 |
| order to qualify to have the card or duplicate indicate that the | 48817 |
| applicant is an honorably discharged veteran of the armed forces | 48818 |
| of the United States based on a request made pursuant to division | 48819 |
| (A)(2)(b) of this section. | 48820 |
| Sec. 4511.191. (A)(1) As used in this section: | 48821 |
| (a) "Physical control" has the same meaning as in section | 48822 |
| 4511.194 of the Revised Code. | 48823 |
| (b) "Alcohol monitoring device" means any device that | 48824 |
| provides for continuous alcohol monitoring, any ignition interlock | 48825 |
| device, any immobilizing or disabling device other than an | 48826 |
| ignition interlock device that is constantly available to monitor | 48827 |
| the concentration of alcohol in a person's system, or any other | 48828 |
| device that provides for the automatic testing and periodic | 48829 |
| reporting of alcohol consumption by a person and that a court | 48830 |
| orders a person to use as a sanction imposed as a result of the | 48831 |
| person's conviction of or plea of guilty to an offense. | 48832 |
| (2) Any person who operates a vehicle, streetcar, or | 48833 |
| trackless trolley upon a highway or any public or private property | 48834 |
| used by the public for vehicular travel or parking within this | 48835 |
| state or who is in physical control of a vehicle, streetcar, or | 48836 |
| trackless trolley shall be deemed to have given consent to a | 48837 |
| chemical test or tests of the person's whole blood, blood serum or | 48838 |
| plasma, breath, or urine to determine the alcohol, drug of abuse, | 48839 |
| controlled substance, metabolite of a controlled substance, or | 48840 |
| combination content of the person's whole blood, blood serum or | 48841 |
| plasma, breath, or urine if arrested for a violation of division | 48842 |
| (A) or (B) of section 4511.19 of the Revised Code, section | 48843 |
| 4511.194 of the Revised Code or a substantially equivalent | 48844 |
| municipal ordinance, or a municipal OVI ordinance. | 48845 |
| (3) The chemical test or tests under division (A)(2) of this | 48846 |
| section shall be administered at the request of a law enforcement | 48847 |
| officer having reasonable grounds to believe the person was | 48848 |
| operating or in physical control of a vehicle, streetcar, or | 48849 |
| trackless trolley in violation of a division, section, or | 48850 |
| ordinance identified in division (A)(2) of this section. The law | 48851 |
| enforcement agency by which the officer is employed shall | 48852 |
| designate which of the tests shall be administered. | 48853 |
| (4) Any person who is dead or unconscious, or who otherwise | 48854 |
| is in a condition rendering the person incapable of refusal, shall | 48855 |
| be deemed to have consented as provided in division (A)(2) of this | 48856 |
| section, and the test or tests may be administered, subject to | 48857 |
| sections 313.12 to 313.16 of the Revised Code. | 48858 |
| (5)(a) If a law enforcement officer arrests a person for a | 48859 |
| violation of division (A) or (B) of section 4511.19 of the Revised | 48860 |
| Code, section 4511.194 of the Revised Code or a substantially | 48861 |
| equivalent municipal ordinance, or a municipal OVI ordinance and | 48862 |
| if the person if convicted would be required to be sentenced under | 48863 |
| division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 48864 |
| Code, the law enforcement officer shall request the person to | 48865 |
| submit, and the person shall submit, to a chemical test or tests | 48866 |
| of the person's whole blood, blood serum or plasma, breath, or | 48867 |
| urine for the purpose of determining the alcohol, drug of abuse, | 48868 |
| controlled substance, metabolite of a controlled substance, or | 48869 |
| combination content of the person's whole blood, blood serum or | 48870 |
| plasma, breath, or urine. A law enforcement officer who makes a | 48871 |
| request pursuant to this division that a person submit to a | 48872 |
| chemical test or tests is not required to advise the person of the | 48873 |
| consequences of submitting to, or refusing to submit to, the test | 48874 |
| or tests and is not required to give the person the form described | 48875 |
| in division (B) of section 4511.192 of the Revised Code, but the | 48876 |
| officer shall advise the person at the time of the arrest that if | 48877 |
| the person refuses to take a chemical test the officer may employ | 48878 |
| whatever reasonable means are necessary to ensure that the person | 48879 |
| submits to a chemical test of the person's whole blood or blood | 48880 |
| serum or plasma. The officer shall also advise the person at the | 48881 |
| time of the arrest that the person may have an independent | 48882 |
| chemical test taken at the person's own expense. Divisions (A)(3) | 48883 |
| and (4) of this section apply to the administration of a chemical | 48884 |
| test or tests pursuant to this division. | 48885 |
| (b) If a person refuses to submit to a chemical test upon a | 48886 |
| request made pursuant to division (A)(5)(a) of this section, the | 48887 |
| law enforcement officer who made the request may employ whatever | 48888 |
| reasonable means are necessary to ensure that the person submits | 48889 |
| to a chemical test of the person's whole blood or blood serum or | 48890 |
| plasma. A law enforcement officer who acts pursuant to this | 48891 |
| division to ensure that a person submits to a chemical test of the | 48892 |
| person's whole blood or blood serum or plasma is immune from | 48893 |
| criminal and civil liability based upon a claim for assault and | 48894 |
| battery or any other claim for the acts, unless the officer so | 48895 |
| acted with malicious purpose, in bad faith, or in a wanton or | 48896 |
| reckless manner. | 48897 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 48898 |
| officer who arrested a person for a violation of division (A) or | 48899 |
| (B) of section 4511.19 of the Revised Code, section 4511.194 of | 48900 |
| the Revised Code or a substantially equivalent municipal | 48901 |
| ordinance, or a municipal OVI ordinance that was completed and | 48902 |
| sent to the registrar of motor vehicles and a court pursuant to | 48903 |
| section 4511.192 of the Revised Code in regard to a person who | 48904 |
| refused to take the designated chemical test, the registrar shall | 48905 |
| enter into the registrar's records the fact that the person's | 48906 |
| driver's or commercial driver's license or permit or nonresident | 48907 |
| operating privilege was suspended by the arresting officer under | 48908 |
| this division and that section and the period of the suspension, | 48909 |
| as determined under this section. The suspension shall be subject | 48910 |
| to appeal as provided in section 4511.197 of the Revised Code. The | 48911 |
| suspension shall be for whichever of the following periods | 48912 |
| applies: | 48913 |
| (a) Except when division (B)(1)(b), (c), or (d) of this | 48914 |
| section applies and specifies a different class or length of | 48915 |
| suspension, the suspension shall be a class C suspension for the | 48916 |
| period of time specified in division (B)(3) of section 4510.02 of | 48917 |
| the Revised Code. | 48918 |
| (b) If the arrested person, within six years of the date on | 48919 |
| which the person refused the request to consent to the chemical | 48920 |
| test, had refused one previous request to consent to a chemical | 48921 |
| test or had been convicted of or pleaded guilty to one violation | 48922 |
| of division (A) or (B) of section 4511.19 of the Revised Code or | 48923 |
| one other equivalent offense, the suspension shall be a class B | 48924 |
| suspension imposed for the period of time specified in division | 48925 |
| (B)(2) of section 4510.02 of the Revised Code. | 48926 |
| (c) If the arrested person, within six years of the date on | 48927 |
| which the person refused the request to consent to the chemical | 48928 |
| test, had refused two previous requests to consent to a chemical | 48929 |
| test, had been convicted of or pleaded guilty to two violations of | 48930 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 48931 |
| other equivalent offenses, or had refused one previous request to | 48932 |
| consent to a chemical test and also had been convicted of or | 48933 |
| pleaded guilty to one violation of division (A) or (B) of section | 48934 |
| 4511.19 of the Revised Code or other equivalent offenses, which | 48935 |
| violation or offense arose from an incident other than the | 48936 |
| incident that led to the refusal, the suspension shall be a class | 48937 |
| A suspension imposed for the period of time specified in division | 48938 |
| (B)(1) of section 4510.02 of the Revised Code. | 48939 |
| (d) If the arrested person, within six years of the date on | 48940 |
| which the person refused the request to consent to the chemical | 48941 |
| test, had refused three or more previous requests to consent to a | 48942 |
| chemical test, had been convicted of or pleaded guilty to three or | 48943 |
| more violations of division (A) or (B) of section 4511.19 of the | 48944 |
| Revised Code or other equivalent offenses, or had refused a number | 48945 |
| of previous requests to consent to a chemical test and also had | 48946 |
| been convicted of or pleaded guilty to a number of violations of | 48947 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 48948 |
| other equivalent offenses that cumulatively total three or more | 48949 |
| such refusals, convictions, and guilty pleas, the suspension shall | 48950 |
| be for five years. | 48951 |
| (2) The registrar shall terminate a suspension of the | 48952 |
| driver's or commercial driver's license or permit of a resident or | 48953 |
| of the operating privilege of a nonresident, or a denial of a | 48954 |
| driver's or commercial driver's license or permit, imposed | 48955 |
| pursuant to division (B)(1) of this section upon receipt of notice | 48956 |
| that the person has entered a plea of guilty to, or that the | 48957 |
| person has been convicted after entering a plea of no contest to, | 48958 |
| operating a vehicle in violation of section 4511.19 of the Revised | 48959 |
| Code or in violation of a municipal OVI ordinance, if the offense | 48960 |
| for which the conviction is had or the plea is entered arose from | 48961 |
| the same incident that led to the suspension or denial. | 48962 |
| The registrar shall credit against any judicial suspension of | 48963 |
| a person's driver's or commercial driver's license or permit or | 48964 |
| nonresident operating privilege imposed pursuant to section | 48965 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 48966 |
| Revised Code for a violation of a municipal OVI ordinance, any | 48967 |
| time during which the person serves a related suspension imposed | 48968 |
| pursuant to division (B)(1) of this section. | 48969 |
| (C)(1) Upon receipt of the sworn report of the law | 48970 |
| enforcement officer who arrested a person for a violation of | 48971 |
| division (A) or (B) of section 4511.19 of the Revised Code or a | 48972 |
| municipal OVI ordinance that was completed and sent to the | 48973 |
| registrar and a court pursuant to section 4511.192 of the Revised | 48974 |
| Code in regard to a person whose test results indicate that the | 48975 |
| person's whole blood, blood serum or plasma, breath, or urine | 48976 |
| contained at least the concentration of alcohol specified in | 48977 |
| division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 48978 |
| Revised Code or at least the concentration of a listed controlled | 48979 |
| substance or a listed metabolite of a controlled substance | 48980 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 48981 |
| Code, the registrar shall enter into the registrar's records the | 48982 |
| fact that the person's driver's or commercial driver's license or | 48983 |
| permit or nonresident operating privilege was suspended by the | 48984 |
| arresting officer under this division and section 4511.192 of the | 48985 |
| Revised Code and the period of the suspension, as determined under | 48986 |
| divisions (C)(1)(a) to (d) of this section. The suspension shall | 48987 |
| be subject to appeal as provided in section 4511.197 of the | 48988 |
| Revised Code. The suspension described in this division does not | 48989 |
| apply to, and shall not be imposed upon, a person arrested for a | 48990 |
| violation of section 4511.194 of the Revised Code or a | 48991 |
| substantially equivalent municipal ordinance who submits to a | 48992 |
| designated chemical test. The suspension shall be for whichever of | 48993 |
| the following periods applies: | 48994 |
| (a) Except when division (C)(1)(b), (c), or (d) of this | 48995 |
| section applies and specifies a different period, the suspension | 48996 |
| shall be a class E suspension imposed for the period of time | 48997 |
| specified in division (B)(5) of section 4510.02 of the Revised | 48998 |
| Code. | 48999 |
| (b) The suspension shall be a class C suspension for the | 49000 |
| period of time specified in division (B)(3) of section 4510.02 of | 49001 |
| the Revised Code if the person has been convicted of or pleaded | 49002 |
| guilty to, within six years of the date the test was conducted, | 49003 |
| one violation of division (A) or (B) of section 4511.19 of the | 49004 |
| Revised Code or one other equivalent offense. | 49005 |
| (c) If, within six years of the date the test was conducted, | 49006 |
| the person has been convicted of or pleaded guilty to two | 49007 |
| violations of a statute or ordinance described in division | 49008 |
| (C)(1)(b) of this section, the suspension shall be a class B | 49009 |
| suspension imposed for the period of time specified in division | 49010 |
| (B)(2) of section 4510.02 of the Revised Code. | 49011 |
| (d) If, within six years of the date the test was conducted, | 49012 |
| the person has been convicted of or pleaded guilty to more than | 49013 |
| two violations of a statute or ordinance described in division | 49014 |
| (C)(1)(b) of this section, the suspension shall be a class A | 49015 |
| suspension imposed for the period of time specified in division | 49016 |
| (B)(1) of section 4510.02 of the Revised Code. | 49017 |
| (2) The registrar shall terminate a suspension of the | 49018 |
| driver's or commercial driver's license or permit of a resident or | 49019 |
| of the operating privilege of a nonresident, or a denial of a | 49020 |
| driver's or commercial driver's license or permit, imposed | 49021 |
| pursuant to division (C)(1) of this section upon receipt of notice | 49022 |
| that the person has entered a plea of guilty to, or that the | 49023 |
| person has been convicted after entering a plea of no contest to, | 49024 |
| operating a vehicle in violation of section 4511.19 of the Revised | 49025 |
| Code or in violation of a municipal OVI ordinance, if the offense | 49026 |
| for which the conviction is had or the plea is entered arose from | 49027 |
| the same incident that led to the suspension or denial. | 49028 |
| The registrar shall credit against any judicial suspension of | 49029 |
| a person's driver's or commercial driver's license or permit or | 49030 |
| nonresident operating privilege imposed pursuant to section | 49031 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 49032 |
| Revised Code for a violation of a municipal OVI ordinance, any | 49033 |
| time during which the person serves a related suspension imposed | 49034 |
| pursuant to division (C)(1) of this section. | 49035 |
| (D)(1) A suspension of a person's driver's or commercial | 49036 |
| driver's license or permit or nonresident operating privilege | 49037 |
| under this section for the time described in division (B) or (C) | 49038 |
| of this section is effective immediately from the time at which | 49039 |
| the arresting officer serves the notice of suspension upon the | 49040 |
| arrested person. Any subsequent finding that the person is not | 49041 |
| guilty of the charge that resulted in the person being requested | 49042 |
| to take the chemical test or tests under division (A) of this | 49043 |
| section does not affect the suspension. | 49044 |
| (2) If a person is arrested for operating a vehicle, | 49045 |
| streetcar, or trackless trolley in violation of division (A) or | 49046 |
| (B) of section 4511.19 of the Revised Code or a municipal OVI | 49047 |
| ordinance, or for being in physical control of a vehicle, | 49048 |
| streetcar, or trackless trolley in violation of section 4511.194 | 49049 |
| of the Revised Code or a substantially equivalent municipal | 49050 |
| ordinance, regardless of whether the person's driver's or | 49051 |
| commercial driver's license or permit or nonresident operating | 49052 |
| privilege is or is not suspended under division (B) or (C) of this | 49053 |
| section or Chapter 4510. of the Revised Code, the person's initial | 49054 |
| appearance on the charge resulting from the arrest shall be held | 49055 |
| within five days of the person's arrest or the issuance of the | 49056 |
| citation to the person, subject to any continuance granted by the | 49057 |
| court pursuant to section 4511.197 of the Revised Code regarding | 49058 |
| the issues specified in that division. | 49059 |
| (E) When it finally has been determined under the procedures | 49060 |
| of this section and sections 4511.192 to 4511.197 of the Revised | 49061 |
| Code that a nonresident's privilege to operate a vehicle within | 49062 |
| this state has been suspended, the registrar shall give | 49063 |
| information in writing of the action taken to the motor vehicle | 49064 |
| administrator of the state of the person's residence and of any | 49065 |
| state in which the person has a license. | 49066 |
| (F) At the end of a suspension period under this section, | 49067 |
| under section 4511.194, section 4511.196, or division (G) of | 49068 |
| section 4511.19 of the Revised Code, or under section 4510.07 of | 49069 |
| the Revised Code for a violation of a municipal OVI ordinance and | 49070 |
| upon the request of the person whose driver's or commercial | 49071 |
| driver's license or permit was suspended and who is not otherwise | 49072 |
| subject to suspension, cancellation, or disqualification, the | 49073 |
| registrar shall return the driver's or commercial driver's license | 49074 |
| or permit to the person upon the occurrence of all of the | 49075 |
| conditions specified in divisions (F)(1) and (2) of this section: | 49076 |
| (1) A showing that the person has proof of financial | 49077 |
| responsibility, a policy of liability insurance in effect that | 49078 |
| meets the minimum standards set forth in section 4509.51 of the | 49079 |
| Revised Code, or proof, to the satisfaction of the registrar, that | 49080 |
| the person is able to respond in damages in an amount at least | 49081 |
| equal to the minimum amounts specified in section 4509.51 of the | 49082 |
| Revised Code. | 49083 |
| (2) Subject to the limitation contained in division (F)(3) of | 49084 |
| this section, payment by the person to the registrar or an | 49085 |
| eligible deputy registrar of a license reinstatement fee of four | 49086 |
| hundred seventy-five dollars, which fee shall be deposited in the | 49087 |
| state treasury and credited as follows: | 49088 |
| (a) One hundred twelve dollars and fifty cents shall be | 49089 |
| credited to the statewide treatment and prevention fund created by | 49090 |
| section 4301.30 of the Revised Code. Money credited to the fund | 49091 |
| under this section shall be used for purposes identified in the | 49092 |
| comprehensive statewide alcohol and drug addiction services plan | 49093 |
| developed under section 3793.04 of the Revised Code. | 49094 |
| (b) Seventy-five dollars shall be credited to the reparations | 49095 |
| fund created by section 2743.191 of the Revised Code. | 49096 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 49097 |
| the indigent drivers alcohol treatment fund, which is hereby | 49098 |
| established in the state treasury. Except as otherwise provided in | 49099 |
| division (F)(2)(c) of this section, moneys in the fund shall be | 49100 |
| distributed by the department of alcohol and drug addiction | 49101 |
| services to the county indigent drivers alcohol treatment funds, | 49102 |
| the county juvenile indigent drivers alcohol treatment funds, and | 49103 |
| the municipal indigent drivers alcohol treatment funds that are | 49104 |
| required to be established by counties and municipal corporations | 49105 |
| pursuant to division (H) of this section, and shall be used only | 49106 |
| to pay the cost of an alcohol and drug addiction treatment program | 49107 |
| attended by an offender or juvenile traffic offender who is | 49108 |
| ordered to attend an alcohol and drug addiction treatment program | 49109 |
| by a county, juvenile, or municipal court judge and who is | 49110 |
| determined by the county, juvenile, or municipal court judge not | 49111 |
| to have the means to pay for the person's attendance at the | 49112 |
| program or to pay the costs specified in division (H)(4) of this | 49113 |
| section in accordance with that division. In addition, a county, | 49114 |
| juvenile, or municipal court judge may use moneys in the county | 49115 |
| indigent drivers alcohol treatment fund, county juvenile indigent | 49116 |
| drivers alcohol treatment fund, or municipal indigent drivers | 49117 |
| alcohol treatment fund to pay for the cost of the continued use of | 49118 |
| an alcohol monitoring device as described in divisions (H)(3) and | 49119 |
| (4) of this section. Moneys in the fund that are not distributed | 49120 |
| to a county indigent drivers alcohol treatment fund, a county | 49121 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 49122 |
| indigent drivers alcohol treatment fund under division (H) of this | 49123 |
| section because the director of alcohol and drug addiction | 49124 |
| services does not have the information necessary to identify the | 49125 |
| county or municipal corporation where the offender or juvenile | 49126 |
| offender was arrested may be transferred by the director of budget | 49127 |
| and management to the statewide treatment and prevention fund | 49128 |
| created by section 4301.30 of the Revised Code, upon certification | 49129 |
| of the amount by the director of alcohol and drug addiction | 49130 |
| services. | 49131 |
| (d) Seventy-five dollars shall be credited to the Ohio | 49132 |
| rehabilitation services commission established by section 3304.12 | 49133 |
| of the Revised Code, to the services for rehabilitation fund, | 49134 |
| which is hereby established. The fund shall be used to match | 49135 |
| available federal matching funds where appropriate, and for any | 49136 |
| other purpose or program of the commission to rehabilitate people | 49137 |
| with disabilities to help them become employed and independent. | 49138 |
| (e) Seventy-five dollars shall be deposited into the state | 49139 |
| treasury and credited to the drug abuse resistance education | 49140 |
| programs fund, which is hereby established, to be used by the | 49141 |
| attorney general for the purposes specified in division (F)(4) of | 49142 |
| this section. | 49143 |
| (f) Thirty dollars shall be credited to the state bureau of | 49144 |
| motor vehicles fund created by section 4501.25 of the Revised | 49145 |
| Code. | 49146 |
| (g) Twenty dollars shall be credited to the trauma and | 49147 |
|
emergency medical services | 49148 |
| of the Revised Code. | 49149 |
| (h) Fifty dollars shall be credited to the indigent drivers | 49150 |
| interlock and alcohol monitoring fund, which is hereby established | 49151 |
| in the state treasury. Moneys in the fund shall be distributed by | 49152 |
| the department of public safety to the county indigent drivers | 49153 |
| interlock and alcohol monitoring funds, the county juvenile | 49154 |
| indigent drivers interlock and alcohol monitoring funds, and the | 49155 |
| municipal indigent drivers interlock and alcohol monitoring funds | 49156 |
| that are required to be established by counties and municipal | 49157 |
| corporations pursuant to this section, and shall be used only to | 49158 |
| pay the cost of an immobilizing or disabling device, including a | 49159 |
| certified ignition interlock device, or an alcohol monitoring | 49160 |
| device used by an offender or juvenile offender who is ordered to | 49161 |
| use the device by a county, juvenile, or municipal court judge and | 49162 |
| who is determined by the county, juvenile, or municipal court | 49163 |
| judge not to have the means to pay for the person's use of the | 49164 |
| device. | 49165 |
| (3) If a person's driver's or commercial driver's license or | 49166 |
| permit is suspended under this section, under section 4511.196 or | 49167 |
| division (G) of section 4511.19 of the Revised Code, under section | 49168 |
| 4510.07 of the Revised Code for a violation of a municipal OVI | 49169 |
| ordinance or under any combination of the suspensions described in | 49170 |
| division (F)(3) of this section, and if the suspensions arise from | 49171 |
| a single incident or a single set of facts and circumstances, the | 49172 |
| person is liable for payment of, and shall be required to pay to | 49173 |
| the registrar or an eligible deputy registrar, only one | 49174 |
| reinstatement fee of four hundred seventy-five dollars. The | 49175 |
| reinstatement fee shall be distributed by the bureau in accordance | 49176 |
| with division (F)(2) of this section. | 49177 |
| (4) The attorney general shall use amounts in the drug abuse | 49178 |
| resistance education programs fund to award grants to law | 49179 |
| enforcement agencies to establish and implement drug abuse | 49180 |
| resistance education programs in public schools. Grants awarded to | 49181 |
| a law enforcement agency under this section shall be used by the | 49182 |
| agency to pay for not more than fifty per cent of the amount of | 49183 |
| the salaries of law enforcement officers who conduct drug abuse | 49184 |
| resistance education programs in public schools. The attorney | 49185 |
| general shall not use more than six per cent of the amounts the | 49186 |
| attorney general's office receives under division (F)(2)(e) of | 49187 |
| this section to pay the costs it incurs in administering the grant | 49188 |
| program established by division (F)(2)(e) of this section and in | 49189 |
| providing training and materials relating to drug abuse resistance | 49190 |
| education programs. | 49191 |
| The attorney general shall report to the governor and the | 49192 |
| general assembly each fiscal year on the progress made in | 49193 |
| establishing and implementing drug abuse resistance education | 49194 |
| programs. These reports shall include an evaluation of the | 49195 |
| effectiveness of these programs. | 49196 |
| (5) In addition to the reinstatement fee under this section, | 49197 |
| if the person pays the reinstatement fee to a deputy registrar, | 49198 |
| the deputy registrar shall collect a service fee of ten dollars to | 49199 |
| compensate the deputy registrar for services performed under this | 49200 |
| section. The deputy registrar shall retain eight dollars of the | 49201 |
| service fee and shall transmit the reinstatement fee, plus two | 49202 |
| dollars of the service fee, to the registrar in the manner the | 49203 |
| registrar shall determine. | 49204 |
| (G) Suspension of a commercial driver's license under | 49205 |
| division (B) or (C) of this section shall be concurrent with any | 49206 |
| period of disqualification under section 3123.611 or 4506.16 of | 49207 |
| the Revised Code or any period of suspension under section 3123.58 | 49208 |
| of the Revised Code. No person who is disqualified for life from | 49209 |
| holding a commercial driver's license under section 4506.16 of the | 49210 |
| Revised Code shall be issued a driver's license under Chapter | 49211 |
| 4507. of the Revised Code during the period for which the | 49212 |
| commercial driver's license was suspended under division (B) or | 49213 |
| (C) of this section. No person whose commercial driver's license | 49214 |
| is suspended under division (B) or (C) of this section shall be | 49215 |
| issued a driver's license under Chapter 4507. of the Revised Code | 49216 |
| during the period of the suspension. | 49217 |
| (H)(1) Each county shall establish an indigent drivers | 49218 |
| alcohol treatment fund, each county shall establish a juvenile | 49219 |
| indigent drivers alcohol treatment fund, and each municipal | 49220 |
| corporation in which there is a municipal court shall establish an | 49221 |
| indigent drivers alcohol treatment fund. All revenue that the | 49222 |
| general assembly appropriates to the indigent drivers alcohol | 49223 |
| treatment fund for transfer to a county indigent drivers alcohol | 49224 |
| treatment fund, a county juvenile indigent drivers alcohol | 49225 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 49226 |
| fund, all portions of fees that are paid under division (F) of | 49227 |
| this section and that are credited under that division to the | 49228 |
| indigent drivers alcohol treatment fund in the state treasury for | 49229 |
| a county indigent drivers alcohol treatment fund, a county | 49230 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 49231 |
| indigent drivers alcohol treatment fund, all portions of | 49232 |
| additional costs imposed under section 2949.094 of the Revised | 49233 |
| Code that are specified for deposit into a county, county | 49234 |
| juvenile, or municipal indigent drivers alcohol treatment fund by | 49235 |
| that section, and all portions of fines that are specified for | 49236 |
| deposit into a county or municipal indigent drivers alcohol | 49237 |
| treatment fund by section 4511.193 of the Revised Code shall be | 49238 |
| deposited into that county indigent drivers alcohol treatment | 49239 |
| fund, county juvenile indigent drivers alcohol treatment fund, or | 49240 |
| municipal indigent drivers alcohol treatment fund. The portions of | 49241 |
| the fees paid under division (F) of this section that are to be so | 49242 |
| deposited shall be determined in accordance with division (H)(2) | 49243 |
| of this section. Additionally, all portions of fines that are paid | 49244 |
| for a violation of section 4511.19 of the Revised Code or of any | 49245 |
| prohibition contained in Chapter 4510. of the Revised Code, and | 49246 |
| that are required under section 4511.19 or any provision of | 49247 |
| Chapter 4510. of the Revised Code to be deposited into a county | 49248 |
| indigent drivers alcohol treatment fund or municipal indigent | 49249 |
| drivers alcohol treatment fund shall be deposited into the | 49250 |
| appropriate fund in accordance with the applicable division of the | 49251 |
| section or provision. | 49252 |
| (2) That portion of the license reinstatement fee that is | 49253 |
| paid under division (F) of this section and that is credited under | 49254 |
| that division to the indigent drivers alcohol treatment fund shall | 49255 |
| be deposited into a county indigent drivers alcohol treatment | 49256 |
| fund, a county juvenile indigent drivers alcohol treatment fund, | 49257 |
| or a municipal indigent drivers alcohol treatment fund as follows: | 49258 |
| (a) Regarding a suspension imposed under this section, that | 49259 |
| portion of the fee shall be deposited as follows: | 49260 |
| (i) If the fee is paid by a person who was charged in a | 49261 |
| county court with the violation that resulted in the suspension or | 49262 |
| in the imposition of the court costs, the portion shall be | 49263 |
| deposited into the county indigent drivers alcohol treatment fund | 49264 |
| under the control of that court; | 49265 |
| (ii) If the fee is paid by a person who was charged in a | 49266 |
| juvenile court with the violation that resulted in the suspension | 49267 |
| or in the imposition of the court costs, the portion shall be | 49268 |
| deposited into the county juvenile indigent drivers alcohol | 49269 |
| treatment fund established in the county served by the court; | 49270 |
| (iii) If the fee is paid by a person who was charged in a | 49271 |
| municipal court with the violation that resulted in the suspension | 49272 |
| or in the imposition of the court costs, the portion shall be | 49273 |
| deposited into the municipal indigent drivers alcohol treatment | 49274 |
| fund under the control of that court. | 49275 |
| (b) Regarding a suspension imposed under section 4511.19 of | 49276 |
| the Revised Code or under section 4510.07 of the Revised Code for | 49277 |
| a violation of a municipal OVI ordinance, that portion of the fee | 49278 |
| shall be deposited as follows: | 49279 |
| (i) If the fee is paid by a person whose license or permit | 49280 |
| was suspended by a county court, the portion shall be deposited | 49281 |
| into the county indigent drivers alcohol treatment fund under the | 49282 |
| control of that court; | 49283 |
| (ii) If the fee is paid by a person whose license or permit | 49284 |
| was suspended by a municipal court, the portion shall be deposited | 49285 |
| into the municipal indigent drivers alcohol treatment fund under | 49286 |
| the control of that court. | 49287 |
| (3) Expenditures from a county indigent drivers alcohol | 49288 |
| treatment fund, a county juvenile indigent drivers alcohol | 49289 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 49290 |
| fund shall be made only upon the order of a county, juvenile, or | 49291 |
| municipal court judge and only for payment of the cost of an | 49292 |
| assessment or the cost of the attendance at an alcohol and drug | 49293 |
| addiction treatment program of a person who is convicted of, or | 49294 |
| found to be a juvenile traffic offender by reason of, a violation | 49295 |
| of division (A) of section 4511.19 of the Revised Code or a | 49296 |
| substantially similar municipal ordinance, who is ordered by the | 49297 |
| court to attend the alcohol and drug addiction treatment program, | 49298 |
| and who is determined by the court to be unable to pay the cost of | 49299 |
| the assessment or the cost of attendance at the treatment program | 49300 |
| or for payment of the costs specified in division (H)(4) of this | 49301 |
| section in accordance with that division. The alcohol and drug | 49302 |
| addiction services board or the board of alcohol, drug addiction, | 49303 |
| and mental health services established pursuant to section 340.02 | 49304 |
| or 340.021 of the Revised Code and serving the alcohol, drug | 49305 |
| addiction, and mental health service district in which the court | 49306 |
| is located shall administer the indigent drivers alcohol treatment | 49307 |
| program of the court. When a court orders an offender or juvenile | 49308 |
| traffic offender to obtain an assessment or attend an alcohol and | 49309 |
| drug addiction treatment program, the board shall determine which | 49310 |
| program is suitable to meet the needs of the offender or juvenile | 49311 |
| traffic offender, and when a suitable program is located and space | 49312 |
| is available at the program, the offender or juvenile traffic | 49313 |
| offender shall attend the program designated by the board. A | 49314 |
| reasonable amount not to exceed five per cent of the amounts | 49315 |
| credited to and deposited into the county indigent drivers alcohol | 49316 |
| treatment fund, the county juvenile indigent drivers alcohol | 49317 |
| treatment fund, or the municipal indigent drivers alcohol | 49318 |
| treatment fund serving every court whose program is administered | 49319 |
| by that board shall be paid to the board to cover the costs it | 49320 |
| incurs in administering those indigent drivers alcohol treatment | 49321 |
| programs. | 49322 |
| In addition, upon exhaustion of moneys in the indigent | 49323 |
| drivers interlock and alcohol monitoring fund for the use of an | 49324 |
| alcohol monitoring device, a county, juvenile, or municipal court | 49325 |
| judge may use moneys in the county indigent drivers alcohol | 49326 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 49327 |
| fund, or municipal indigent drivers alcohol treatment fund in the | 49328 |
| following manners: | 49329 |
| (a) If the source of the moneys was an appropriation of the | 49330 |
| general assembly, a portion of a fee that was paid under division | 49331 |
| (F) of this section, a portion of a fine that was specified for | 49332 |
| deposit into the fund by section 4511.193 of the Revised Code, or | 49333 |
| a portion of a fine that was paid for a violation of section | 49334 |
| 4511.19 of the Revised Code or of a provision contained in Chapter | 49335 |
| 4510. of the Revised Code that was required to be deposited into | 49336 |
| the fund, to pay for the continued use of an alcohol monitoring | 49337 |
| device by an offender or juvenile traffic offender, in conjunction | 49338 |
| with a treatment program approved by the department of alcohol and | 49339 |
| drug addiction services, when such use is determined clinically | 49340 |
| necessary by the treatment program and when the court determines | 49341 |
| that the offender or juvenile traffic offender is unable to pay | 49342 |
| all or part of the daily monitoring or cost of the device; | 49343 |
| (b) If the source of the moneys was a portion of an | 49344 |
| additional court cost imposed under section 2949.094 of the | 49345 |
| Revised Code, to pay for the continued use of an alcohol | 49346 |
| monitoring device by an offender or juvenile traffic offender when | 49347 |
| the court determines that the offender or juvenile traffic | 49348 |
| offender is unable to pay all or part of the daily monitoring or | 49349 |
| cost of the device. The moneys may be used for a device as | 49350 |
| described in this division if the use of the device is in | 49351 |
| conjunction with a treatment program approved by the department of | 49352 |
| alcohol and drug addiction services, when the use of the device is | 49353 |
| determined clinically necessary by the treatment program, but the | 49354 |
| use of a device is not required to be in conjunction with a | 49355 |
| treatment program approved by the department in order for the | 49356 |
| moneys to be used for the device as described in this division. | 49357 |
| (4) If a county, juvenile, or municipal court determines, in | 49358 |
| consultation with the alcohol and drug addiction services board or | 49359 |
| the board of alcohol, drug addiction, and mental health services | 49360 |
| established pursuant to section 340.02 or 340.021 of the Revised | 49361 |
| Code and serving the alcohol, drug addiction, and mental health | 49362 |
| district in which the court is located, that the funds in the | 49363 |
| county indigent drivers alcohol treatment fund, the county | 49364 |
| juvenile indigent drivers alcohol treatment fund, or the municipal | 49365 |
| indigent drivers alcohol treatment fund under the control of the | 49366 |
| court are more than sufficient to satisfy the purpose for which | 49367 |
| the fund was established, as specified in divisions (H)(1) to (3) | 49368 |
| of this section, the court may declare a surplus in the fund. If | 49369 |
| the court declares a surplus in the fund, the court may expend the | 49370 |
| amount of the surplus in the fund for: | 49371 |
| (a) Alcohol and drug abuse assessment and treatment of | 49372 |
| persons who are charged in the court with committing a criminal | 49373 |
| offense or with being a delinquent child or juvenile traffic | 49374 |
| offender and in relation to whom both of the following apply: | 49375 |
| (i) The court determines that substance abuse was a | 49376 |
| contributing factor leading to the criminal or delinquent activity | 49377 |
| or the juvenile traffic offense with which the person is charged. | 49378 |
| (ii) The court determines that the person is unable to pay | 49379 |
| the cost of the alcohol and drug abuse assessment and treatment | 49380 |
| for which the surplus money will be used. | 49381 |
| (b) All or part of the cost of purchasing alcohol monitoring | 49382 |
| devices to be used in conjunction with division (H)(3) of this | 49383 |
| section, upon exhaustion of moneys in the indigent drivers | 49384 |
| interlock and alcohol monitoring fund for the use of an alcohol | 49385 |
| monitoring device. | 49386 |
| (5) For the purpose of determining as described in division | 49387 |
| (F)(2)(c) of this section whether an offender does not have the | 49388 |
| means to pay for the offender's attendance at an alcohol and drug | 49389 |
| addiction treatment program or whether an alleged offender or | 49390 |
| delinquent child is unable to pay the costs specified in division | 49391 |
| (H)(4) of this section, the court shall use the indigent client | 49392 |
| eligibility guidelines and the standards of indigency established | 49393 |
| by the state public defender to make the determination. | 49394 |
| (6) The court shall identify and refer any alcohol and drug | 49395 |
| addiction program that is not certified under section 3793.06 of | 49396 |
| the Revised Code and that is interested in receiving amounts from | 49397 |
| the surplus in the fund declared under division (H)(4) of this | 49398 |
| section to the department of alcohol and drug addiction services | 49399 |
| in order for the program to become a certified alcohol and drug | 49400 |
| addiction program. The department shall keep a record of applicant | 49401 |
| referrals received pursuant to this division and shall submit a | 49402 |
| report on the referrals each year to the general assembly. If a | 49403 |
| program interested in becoming certified makes an application to | 49404 |
| become certified pursuant to section 3793.06 of the Revised Code, | 49405 |
| the program is eligible to receive surplus funds as long as the | 49406 |
| application is pending with the department. The department of | 49407 |
| alcohol and drug addiction services must offer technical | 49408 |
| assistance to the applicant. If the interested program withdraws | 49409 |
| the certification application, the department must notify the | 49410 |
| court, and the court shall not provide the interested program with | 49411 |
| any further surplus funds. | 49412 |
| (7)(a) Each alcohol and drug addiction services board and | 49413 |
| board of alcohol, drug addiction, and mental health services | 49414 |
| established pursuant to section 340.02 or 340.021 of the Revised | 49415 |
| Code shall submit to the department of alcohol and drug addiction | 49416 |
| services an annual report for each indigent drivers alcohol | 49417 |
| treatment fund in that board's area. | 49418 |
| (b) The report, which shall be submitted not later than sixty | 49419 |
| days after the end of the state fiscal year, shall provide the | 49420 |
| total payment that was made from the fund, including the number of | 49421 |
| indigent consumers that received treatment services and the number | 49422 |
| of indigent consumers that received an alcohol monitoring device. | 49423 |
| The report shall identify the treatment program and expenditure | 49424 |
| for an alcohol monitoring device for which that payment was made. | 49425 |
| The report shall include the fiscal year balance of each indigent | 49426 |
| drivers alcohol treatment fund located in that board's area. In | 49427 |
| the event that a surplus is declared in the fund pursuant to | 49428 |
| division (H)(4) of this section, the report also shall provide the | 49429 |
| total payment that was made from the surplus moneys and identify | 49430 |
| the treatment program and expenditure for an alcohol monitoring | 49431 |
| device for which that payment was made. The department may require | 49432 |
| additional information necessary to complete the comprehensive | 49433 |
| statewide alcohol and drug addiction services plan as required by | 49434 |
| section 3793.04 of the Revised Code. | 49435 |
| (c) If a board is unable to obtain adequate information to | 49436 |
| develop the report to submit to the department for a particular | 49437 |
| indigent drivers alcohol treatment fund, the board shall submit a | 49438 |
| report detailing the effort made in obtaining the information. | 49439 |
| (I)(1) Each county shall establish an indigent drivers | 49440 |
| interlock and alcohol monitoring fund and a juvenile indigent | 49441 |
| drivers interlock and alcohol treatment fund, and each municipal | 49442 |
| corporation in which there is a municipal court shall establish an | 49443 |
| indigent drivers interlock and alcohol monitoring fund. All | 49444 |
| revenue that the general assembly appropriates to the indigent | 49445 |
| drivers interlock and alcohol monitoring fund for transfer to a | 49446 |
| county indigent drivers interlock and alcohol monitoring fund, a | 49447 |
| county juvenile indigent drivers interlock and alcohol monitoring | 49448 |
| fund, or a municipal indigent drivers interlock and alcohol | 49449 |
| monitoring fund, all portions of license reinstatement fees that | 49450 |
| are paid under division (F)(2) of this section and that are | 49451 |
| credited under that division to the indigent drivers interlock and | 49452 |
| alcohol monitoring fund in the state treasury, and all portions of | 49453 |
| fines that are paid under division (G) of section 4511.19 of the | 49454 |
| Revised Code and that are credited by division (G)(5)(e) of that | 49455 |
| section to the indigent drivers interlock and alcohol monitoring | 49456 |
| fund in the state treasury shall be deposited in the appropriate | 49457 |
| fund in accordance with division (I)(2) of this section. | 49458 |
| (2) That portion of the license reinstatement fee that is | 49459 |
| paid under division (F) of this section and that portion of the | 49460 |
| fine paid under division (G) of section 4511.19 of the Revised | 49461 |
| Code and that is credited under either division to the indigent | 49462 |
| drivers interlock and alcohol monitoring fund shall be deposited | 49463 |
| into a county indigent drivers interlock and alcohol monitoring | 49464 |
| fund, a county juvenile indigent drivers interlock and alcohol | 49465 |
| monitoring fund, or a municipal indigent drivers interlock and | 49466 |
| alcohol monitoring fund as follows: | 49467 |
| (a) If the fee or fine is paid by a person who was charged in | 49468 |
| a county court with the violation that resulted in the suspension | 49469 |
| or fine, the portion shall be deposited into the county indigent | 49470 |
| drivers interlock and alcohol monitoring fund under the control of | 49471 |
| that court. | 49472 |
| (b) If the fee or fine is paid by a person who was charged in | 49473 |
| a juvenile court with the violation that resulted in the | 49474 |
| suspension or fine, the portion shall be deposited into the county | 49475 |
| juvenile indigent drivers interlock and alcohol monitoring fund | 49476 |
| established in the county served by the court. | 49477 |
| (c) If the fee or fine is paid by a person who was charged in | 49478 |
| a municipal court with the violation that resulted in the | 49479 |
| suspension, the portion shall be deposited into the municipal | 49480 |
| indigent drivers interlock and alcohol monitoring fund under the | 49481 |
| control of that court. | 49482 |
| Sec. 4511.78. (A) As used in this section: | 49483 |
| (1) "Mass transit system" means any county transit system, | 49484 |
| regional transit authority, regional transit commission, | 49485 |
| municipally owned transportation system, mass transit company | 49486 |
| operating exclusively within the territorial limits of a municipal | 49487 |
| corporation, or within such limits and the territorial limits of | 49488 |
| municipal corporations immediately contiguous to such municipal | 49489 |
|
corporation, and any common passenger carrier
| 49490 |
| 49491 | |
| children to or from a school session or a school function. | 49492 |
| (2) "Bus" means every motor vehicle designed for carrying | 49493 |
| more than nine passengers and used for the transportation of | 49494 |
| persons, but does not mean any school bus as defined in section | 49495 |
| 4511.01 of the Revised Code. | 49496 |
| (B) Whenever a mass transit system transports children to or | 49497 |
| from a school session or school function, the mass transit system | 49498 |
| shall provide for: | 49499 |
| (1) Periodic safety inspections of all buses used to provide | 49500 |
| transportation service. The inspections shall be based on rules | 49501 |
| adopted by the public utilities commission under Chapters 4921. | 49502 |
| and 4923. of the Revised Code to ensure the safety of operation of | 49503 |
| 49504 |
| (2) The safety training of all drivers operating buses used | 49505 |
| to provide transportation service; | 49506 |
| (3) The equipping of every bus with outside rear-view mirrors | 49507 |
| meeting the motor carrier regulations for bus equipment adopted by | 49508 |
| the federal highway administration. No exclusions from this | 49509 |
| requirement granted under the federal regulations shall be | 49510 |
| considered exclusions for the purposes of this division. | 49511 |
| (C) Except as otherwise provided in this division, whoever | 49512 |
| violates this section is guilty of a minor misdemeanor. If, within | 49513 |
| one year of the offense, the offender previously has been | 49514 |
| convicted of or pleaded guilty to one predicate motor vehicle or | 49515 |
| traffic offense, whoever violates this section is guilty of a | 49516 |
| misdemeanor of the fourth degree. If, within one year of the | 49517 |
| offense, the offender previously has been convicted of two or more | 49518 |
| predicate motor vehicle or traffic offenses, whoever violates this | 49519 |
| section is guilty of a misdemeanor of the third degree. | 49520 |
| Sec. 4513.263. (A) As used in this section and in section | 49521 |
| 4513.99 of the Revised Code: | 49522 |
| (1) "Automobile" means any commercial tractor, passenger car, | 49523 |
| commercial car, or truck that is required to be factory-equipped | 49524 |
| with an occupant restraining device for the operator or any | 49525 |
| passenger by regulations adopted by the United States secretary of | 49526 |
| transportation pursuant to the "National Traffic and Motor Vehicle | 49527 |
| Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392. | 49528 |
| (2) "Occupant restraining device" means a seat safety belt, | 49529 |
| shoulder belt, harness, or other safety device for restraining a | 49530 |
| person who is an operator of or passenger in an automobile and | 49531 |
| that satisfies the minimum federal vehicle safety standards | 49532 |
| established by the United States department of transportation. | 49533 |
| (3) "Passenger" means any person in an automobile, other than | 49534 |
| its operator, who is occupying a seating position for which an | 49535 |
| occupant restraining device is provided. | 49536 |
| (4) "Commercial tractor," "passenger car," and "commercial | 49537 |
| car" have the same meanings as in section 4501.01 of the Revised | 49538 |
| Code. | 49539 |
| (5) "Vehicle" and "motor vehicle," as used in the definitions | 49540 |
| of the terms set forth in division (A)(4) of this section, have | 49541 |
| the same meanings as in section 4511.01 of the Revised Code. | 49542 |
| (6) "Tort action" means a civil action for damages for | 49543 |
| injury, death, or loss to person or property. "Tort action" | 49544 |
| includes a product liability claim, as defined in section 2307.71 | 49545 |
| of the Revised Code, and an asbestos claim, as defined in section | 49546 |
| 2307.91 of the Revised Code, but does not include a civil action | 49547 |
| for damages for breach of contract or another agreement between | 49548 |
| persons. | 49549 |
| (B) No person shall do any of the following: | 49550 |
| (1) Operate an automobile on any street or highway unless | 49551 |
| that person is wearing all of the available elements of a properly | 49552 |
| adjusted occupant restraining device, or operate a school bus that | 49553 |
| has an occupant restraining device installed for use in its | 49554 |
| operator's seat unless that person is wearing all of the available | 49555 |
| elements of the device, as properly adjusted; | 49556 |
| (2) Operate an automobile on any street or highway unless | 49557 |
| each passenger in the automobile who is subject to the requirement | 49558 |
| set forth in division (B)(3) of this section is wearing all of the | 49559 |
| available elements of a properly adjusted occupant restraining | 49560 |
| device; | 49561 |
| (3) Occupy, as a passenger, a seating position on the front | 49562 |
| seat of an automobile being operated on any street or highway | 49563 |
| unless that person is wearing all of the available elements of a | 49564 |
| properly adjusted occupant restraining device; | 49565 |
| (4) Operate a taxicab on any street or highway unless all | 49566 |
| factory-equipped occupant restraining devices in the taxicab are | 49567 |
| maintained in usable form. | 49568 |
| (C) Division (B)(3) of this section does not apply to a | 49569 |
| person who is required by section 4511.81 of the Revised Code to | 49570 |
| be secured in a child restraint device or booster seat. Division | 49571 |
| (B)(1) of this section does not apply to a person who is an | 49572 |
| employee of the United States postal service or of a newspaper | 49573 |
| home delivery service, during any period in which the person is | 49574 |
| engaged in the operation of an automobile to deliver mail or | 49575 |
| newspapers to addressees. Divisions (B)(1) and (3) of this section | 49576 |
| do not apply to a person who has an affidavit signed by a | 49577 |
| physician licensed to practice in this state under Chapter 4731. | 49578 |
| of the Revised Code or a chiropractor licensed to practice in this | 49579 |
| state under Chapter 4734. of the Revised Code that states that the | 49580 |
| person has a physical impairment that makes use of an occupant | 49581 |
| restraining device impossible or impractical. | 49582 |
| (D) Notwithstanding any provision of law to the contrary, no | 49583 |
| law enforcement officer shall cause an operator of an automobile | 49584 |
| being operated on any street or highway to stop the automobile for | 49585 |
| the sole purpose of determining whether a violation of division | 49586 |
| (B) of this section has been or is being committed or for the sole | 49587 |
| purpose of issuing a ticket, citation, or summons for a violation | 49588 |
| of that nature or causing the arrest of or commencing a | 49589 |
| prosecution of a person for a violation of that nature, and no law | 49590 |
| enforcement officer shall view the interior or visually inspect | 49591 |
| any automobile being operated on any street or highway for the | 49592 |
| sole purpose of determining whether a violation of that nature has | 49593 |
| been or is being committed. | 49594 |
| (E) All fines collected for violations of division (B) of | 49595 |
| this section, or for violations of any ordinance or resolution of | 49596 |
| a political subdivision that is substantively comparable to that | 49597 |
| division, shall be forwarded to the treasurer of state for deposit | 49598 |
| 49599 |
| | 49600 |
| 49601 | |
| 49602 | |
| 49603 | |
| 49604 |
| | 49605 |
| 49606 | |
| 49607 |
| | 49608 |
| credit of the trauma and emergency medical services fund, which is | 49609 |
| hereby created. In addition, sixty cents of each fee collected | 49610 |
|
under sections 4501.34, 4503.26, 4505.14, 4506.08, | 49611 |
| 49612 | |
| 49613 | |
| as specified in those sections, plus the portion of the driver's | 49614 |
| license reinstatement fee described in division (F)(2)(g) of | 49615 |
| section 4511.191 of the Revised Code, plus all fees collected | 49616 |
| under section 4765.11 of the Revised Code, plus all fines imposed | 49617 |
| under section 4765.55 of the Revised Code, and plus five per cent | 49618 |
| of fines and moneys arising from bail forfeitures as directed by | 49619 |
| section 5503.04 of the Revised Code, also shall be deposited into | 49620 |
|
the trauma and emergency medical services fund | 49621 |
| 49622 | |
| trauma and emergency medical services fund shall be used by the | 49623 |
| department of public safety for the administration and operation | 49624 |
| of the division of emergency medical services and the state board | 49625 |
|
of emergency medical and transportation services, | 49626 |
| and by the state board of emergency medical services to make | 49627 |
| grants, in accordance with section 4765.07 of the Revised Code and | 49628 |
| rules the board adopts under section 4765.11 of the Revised Code. | 49629 |
| The director of budget and management may transfer excess money | 49630 |
| from the trauma and emergency medical services fund to the state | 49631 |
| highway safety fund if the director of public safety determines | 49632 |
| that the amount of money in the trauma and emergency medical | 49633 |
| services fund exceeds the amount required to cover such costs | 49634 |
| incurred by the emergency medical services agency and the grants | 49635 |
| made by the state board of emergency medical and transportation | 49636 |
| services and requests the director of budget and management to | 49637 |
| make the transfer. | 49638 |
| | 49639 |
| 49640 | |
| 49641 | |
| 49642 | |
| 49643 | |
| 49644 |
| (F)(1) Subject to division (F)(2) of this section, the | 49645 |
| failure of a person to wear all of the available elements of a | 49646 |
| properly adjusted occupant restraining device in violation of | 49647 |
| division (B)(1) or (3) of this section or the failure of a person | 49648 |
| to ensure that each minor who is a passenger of an automobile | 49649 |
| being operated by that person is wearing all of the available | 49650 |
| elements of a properly adjusted occupant restraining device in | 49651 |
| violation of division (B)(2) of this section shall not be | 49652 |
| considered or used by the trier of fact in a tort action as | 49653 |
| evidence of negligence or contributory negligence. But, the trier | 49654 |
| of fact may determine based on evidence admitted consistent with | 49655 |
| the Ohio Rules of Evidence that the failure contributed to the | 49656 |
| harm alleged in the tort action and may diminish a recovery of | 49657 |
| compensatory damages that represents noneconomic loss, as defined | 49658 |
| in section 2307.011 of the Revised Code, in a tort action that | 49659 |
| could have been recovered but for the plaintiff's failure to wear | 49660 |
| all of the available elements of a properly adjusted occupant | 49661 |
| restraining device. Evidence of that failure shall not be used as | 49662 |
| a basis for a criminal prosecution of the person other than a | 49663 |
| prosecution for a violation of this section; and shall not be | 49664 |
| admissible as evidence in a criminal action involving the person | 49665 |
| other than a prosecution for a violation of this section. | 49666 |
| (2) If, at the time of an accident involving a passenger car | 49667 |
| equipped with occupant restraining devices, any occupant of the | 49668 |
| passenger car who sustained injury or death was not wearing an | 49669 |
| available occupant restraining device, was not wearing all of the | 49670 |
| available elements of such a device, or was not wearing such a | 49671 |
| device as properly adjusted, then, consistent with the Rules of | 49672 |
| Evidence, the fact that the occupant was not wearing the available | 49673 |
| occupant restraining device, was not wearing all of the available | 49674 |
| elements of such a device, or was not wearing such a device as | 49675 |
| properly adjusted is admissible in evidence in relation to any | 49676 |
| claim for relief in a tort action to the extent that the claim for | 49677 |
| relief satisfies all of the following: | 49678 |
| (a) It seeks to recover damages for injury or death to the | 49679 |
| occupant. | 49680 |
| (b) The defendant in question is the manufacturer, designer, | 49681 |
| distributor, or seller of the passenger car. | 49682 |
| (c) The claim for relief against the defendant in question is | 49683 |
| that the injury or death sustained by the occupant was enhanced or | 49684 |
| aggravated by some design defect in the passenger car or that the | 49685 |
| passenger car was not crashworthy. | 49686 |
| (G)(1) Whoever violates division (B)(1) of this section shall | 49687 |
| be fined thirty dollars. | 49688 |
| (2) Whoever violates division (B)(3) of this section shall be | 49689 |
| fined twenty dollars. | 49690 |
| (3) Except as otherwise provided in this division, whoever | 49691 |
| violates division (B)(4) of this section is guilty of a minor | 49692 |
| misdemeanor. If the offender previously has been convicted of or | 49693 |
| pleaded guilty to a violation of division (B)(4) of this section, | 49694 |
| whoever violates division (B)(4) of this section is guilty of a | 49695 |
| misdemeanor of the third degree. | 49696 |
| Sec. 4513.50. As used in sections 4513.50 to 4513.53 of the | 49697 |
| Revised Code: | 49698 |
| (A)(1) "Bus" means any vehicle used for the transportation of | 49699 |
| passengers that meets at least one of the following: | 49700 |
| (a) Was originally designed by the manufacturer to transport | 49701 |
| more than fifteen passengers, including the driver; | 49702 |
| (b) Either the gross vehicle weight rating or the gross | 49703 |
| vehicle weight exceeds ten thousand pounds. | 49704 |
| (2) "Bus" does not include a church bus as defined in section | 49705 |
| 4503.07 of the Revised Code or a school bus unless the church bus | 49706 |
|
or school bus is used in the transportation of passengers | 49707 |
|
by a motor | 49708 |
| 49709 | |
| 49710 |
| (3) "Bus" also does not include any of the following: | 49711 |
| (a) Any vehicle operated exclusively on a rail or rails; | 49712 |
| (b) A trolley bus operated by electric power derived from a | 49713 |
| fixed overhead wire furnishing local passenger transportation | 49714 |
| similar to street-railway service; | 49715 |
| (c) Vehicles owned or leased by government agencies or | 49716 |
| political subdivisions. | 49717 |
| (B) | 49718 |
| 49719 | |
| 49720 |
| | 49721 |
| 49722 | |
| 49723 |
| Sec. 4561.21. (A) The director of transportation shall | 49724 |
| deposit all aircraft transfer fees in the state treasury to the | 49725 |
| credit of the general fund. | 49726 |
| (B) The director shall deposit all aircraft license taxes and | 49727 |
| fines in the state treasury to the credit of the airport | 49728 |
| assistance fund, which is hereby created. Money in the fund shall | 49729 |
| be used for maintenance and capital improvements to publicly owned | 49730 |
|
airports | 49731 |
| aviation. For maintenance and capital improvements to publicly | 49732 |
| owned airports, the director shall distribute the money to | 49733 |
| eligible recipients in accordance with such procedures, | 49734 |
| guidelines, and criteria as the director shall establish. | 49735 |
| Sec. 4731.22. (A) The state medical board, by an affirmative | 49736 |
| vote of not fewer than six of its members, may revoke or may | 49737 |
| refuse to grant a certificate to a person found by the board to | 49738 |
| have committed fraud during the administration of the examination | 49739 |
| for a certificate to practice or to have committed fraud, | 49740 |
| misrepresentation, or deception in applying for or securing any | 49741 |
| certificate to practice or certificate of registration issued by | 49742 |
| the board. | 49743 |
| (B) The board, by an affirmative vote of not fewer than six | 49744 |
| members, shall, to the extent permitted by law, limit, revoke, or | 49745 |
| suspend an individual's certificate to practice, refuse to | 49746 |
| register an individual, refuse to reinstate a certificate, or | 49747 |
| reprimand or place on probation the holder of a certificate for | 49748 |
| one or more of the following reasons: | 49749 |
| (1) Permitting one's name or one's certificate to practice or | 49750 |
| certificate of registration to be used by a person, group, or | 49751 |
| corporation when the individual concerned is not actually | 49752 |
| directing the treatment given; | 49753 |
| (2) Failure to maintain minimal standards applicable to the | 49754 |
| selection or administration of drugs, or failure to employ | 49755 |
| acceptable scientific methods in the selection of drugs or other | 49756 |
| modalities for treatment of disease; | 49757 |
| (3) Selling, giving away, personally furnishing, prescribing, | 49758 |
| or administering drugs for other than legal and legitimate | 49759 |
| therapeutic purposes or a plea of guilty to, a judicial finding of | 49760 |
| guilt of, or a judicial finding of eligibility for intervention in | 49761 |
| lieu of conviction of, a violation of any federal or state law | 49762 |
| regulating the possession, distribution, or use of any drug; | 49763 |
| (4) Willfully betraying a professional confidence. | 49764 |
| For purposes of this division, "willfully betraying a | 49765 |
| professional confidence" does not include providing any | 49766 |
| information, documents, or reports to a child fatality review | 49767 |
| board under sections 307.621 to 307.629 of the Revised Code and | 49768 |
| does not include the making of a report of an employee's use of a | 49769 |
| drug of abuse, or a report of a condition of an employee other | 49770 |
| than one involving the use of a drug of abuse, to the employer of | 49771 |
| the employee as described in division (B) of section 2305.33 of | 49772 |
| the Revised Code. Nothing in this division affects the immunity | 49773 |
| from civil liability conferred by that section upon a physician | 49774 |
| who makes either type of report in accordance with division (B) of | 49775 |
| that section. As used in this division, "employee," "employer," | 49776 |
| and "physician" have the same meanings as in section 2305.33 of | 49777 |
| the Revised Code. | 49778 |
| (5) Making a false, fraudulent, deceptive, or misleading | 49779 |
| statement in the solicitation of or advertising for patients; in | 49780 |
| relation to the practice of medicine and surgery, osteopathic | 49781 |
| medicine and surgery, podiatric medicine and surgery, or a limited | 49782 |
| branch of medicine; or in securing or attempting to secure any | 49783 |
| certificate to practice or certificate of registration issued by | 49784 |
| the board. | 49785 |
| As used in this division, "false, fraudulent, deceptive, or | 49786 |
| misleading statement" means a statement that includes a | 49787 |
| misrepresentation of fact, is likely to mislead or deceive because | 49788 |
| of a failure to disclose material facts, is intended or is likely | 49789 |
| to create false or unjustified expectations of favorable results, | 49790 |
| or includes representations or implications that in reasonable | 49791 |
| probability will cause an ordinarily prudent person to | 49792 |
| misunderstand or be deceived. | 49793 |
| (6) A departure from, or the failure to conform to, minimal | 49794 |
| standards of care of similar practitioners under the same or | 49795 |
| similar circumstances, whether or not actual injury to a patient | 49796 |
| is established; | 49797 |
| (7) Representing, with the purpose of obtaining compensation | 49798 |
| or other advantage as personal gain or for any other person, that | 49799 |
| an incurable disease or injury, or other incurable condition, can | 49800 |
| be permanently cured; | 49801 |
| (8) The obtaining of, or attempting to obtain, money or | 49802 |
| anything of value by fraudulent misrepresentations in the course | 49803 |
| of practice; | 49804 |
| (9) A plea of guilty to, a judicial finding of guilt of, or a | 49805 |
| judicial finding of eligibility for intervention in lieu of | 49806 |
| conviction for, a felony; | 49807 |
| (10) Commission of an act that constitutes a felony in this | 49808 |
| state, regardless of the jurisdiction in which the act was | 49809 |
| committed; | 49810 |
| (11) A plea of guilty to, a judicial finding of guilt of, or | 49811 |
| a judicial finding of eligibility for intervention in lieu of | 49812 |
| conviction for, a misdemeanor committed in the course of practice; | 49813 |
| (12) Commission of an act in the course of practice that | 49814 |
| constitutes a misdemeanor in this state, regardless of the | 49815 |
| jurisdiction in which the act was committed; | 49816 |
| (13) A plea of guilty to, a judicial finding of guilt of, or | 49817 |
| a judicial finding of eligibility for intervention in lieu of | 49818 |
| conviction for, a misdemeanor involving moral turpitude; | 49819 |
| (14) Commission of an act involving moral turpitude that | 49820 |
| constitutes a misdemeanor in this state, regardless of the | 49821 |
| jurisdiction in which the act was committed; | 49822 |
| (15) Violation of the conditions of limitation placed by the | 49823 |
| board upon a certificate to practice; | 49824 |
| (16) Failure to pay license renewal fees specified in this | 49825 |
| chapter; | 49826 |
| (17) Except as authorized in section 4731.31 of the Revised | 49827 |
| Code, engaging in the division of fees for referral of patients, | 49828 |
| or the receiving of a thing of value in return for a specific | 49829 |
| referral of a patient to utilize a particular service or business; | 49830 |
| (18) Subject to section 4731.226 of the Revised Code, | 49831 |
| violation of any provision of a code of ethics of the American | 49832 |
| medical association, the American osteopathic association, the | 49833 |
| American podiatric medical association, or any other national | 49834 |
| professional organizations that the board specifies by rule. The | 49835 |
| state medical board shall obtain and keep on file current copies | 49836 |
| of the codes of ethics of the various national professional | 49837 |
| organizations. The individual whose certificate is being suspended | 49838 |
| or revoked shall not be found to have violated any provision of a | 49839 |
| code of ethics of an organization not appropriate to the | 49840 |
| individual's profession. | 49841 |
| For purposes of this division, a "provision of a code of | 49842 |
| ethics of a national professional organization" does not include | 49843 |
| any provision that would preclude the making of a report by a | 49844 |
| physician of an employee's use of a drug of abuse, or of a | 49845 |
| condition of an employee other than one involving the use of a | 49846 |
| drug of abuse, to the employer of the employee as described in | 49847 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 49848 |
| this division affects the immunity from civil liability conferred | 49849 |
| by that section upon a physician who makes either type of report | 49850 |
| in accordance with division (B) of that section. As used in this | 49851 |
| division, "employee," "employer," and "physician" have the same | 49852 |
| meanings as in section 2305.33 of the Revised Code. | 49853 |
| (19) Inability to practice according to acceptable and | 49854 |
| prevailing standards of care by reason of mental illness or | 49855 |
| physical illness, including, but not limited to, physical | 49856 |
| deterioration that adversely affects cognitive, motor, or | 49857 |
| perceptive skills. | 49858 |
| In enforcing this division, the board, upon a showing of a | 49859 |
| possible violation, may compel any individual authorized to | 49860 |
| practice by this chapter or who has submitted an application | 49861 |
| pursuant to this chapter to submit to a mental examination, | 49862 |
| physical examination, including an HIV test, or both a mental and | 49863 |
| a physical examination. The expense of the examination is the | 49864 |
| responsibility of the individual compelled to be examined. Failure | 49865 |
| to submit to a mental or physical examination or consent to an HIV | 49866 |
| test ordered by the board constitutes an admission of the | 49867 |
| allegations against the individual unless the failure is due to | 49868 |
| circumstances beyond the individual's control, and a default and | 49869 |
| final order may be entered without the taking of testimony or | 49870 |
| presentation of evidence. If the board finds an individual unable | 49871 |
| to practice because of the reasons set forth in this division, the | 49872 |
| board shall require the individual to submit to care, counseling, | 49873 |
| or treatment by physicians approved or designated by the board, as | 49874 |
| a condition for initial, continued, reinstated, or renewed | 49875 |
| authority to practice. An individual affected under this division | 49876 |
| shall be afforded an opportunity to demonstrate to the board the | 49877 |
| ability to resume practice in compliance with acceptable and | 49878 |
| prevailing standards under the provisions of the individual's | 49879 |
| certificate. For the purpose of this division, any individual who | 49880 |
| applies for or receives a certificate to practice under this | 49881 |
| chapter accepts the privilege of practicing in this state and, by | 49882 |
| so doing, shall be deemed to have given consent to submit to a | 49883 |
| mental or physical examination when directed to do so in writing | 49884 |
| by the board, and to have waived all objections to the | 49885 |
| admissibility of testimony or examination reports that constitute | 49886 |
| a privileged communication. | 49887 |
| (20) Except when civil penalties are imposed under section | 49888 |
| 4731.225 or 4731.281 of the Revised Code, and subject to section | 49889 |
| 4731.226 of the Revised Code, violating or attempting to violate, | 49890 |
| directly or indirectly, or assisting in or abetting the violation | 49891 |
| of, or conspiring to violate, any provisions of this chapter or | 49892 |
| any rule promulgated by the board. | 49893 |
| This division does not apply to a violation or attempted | 49894 |
| violation of, assisting in or abetting the violation of, or a | 49895 |
| conspiracy to violate, any provision of this chapter or any rule | 49896 |
| adopted by the board that would preclude the making of a report by | 49897 |
| a physician of an employee's use of a drug of abuse, or of a | 49898 |
| condition of an employee other than one involving the use of a | 49899 |
| drug of abuse, to the employer of the employee as described in | 49900 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 49901 |
| this division affects the immunity from civil liability conferred | 49902 |
| by that section upon a physician who makes either type of report | 49903 |
| in accordance with division (B) of that section. As used in this | 49904 |
| division, "employee," "employer," and "physician" have the same | 49905 |
| meanings as in section 2305.33 of the Revised Code. | 49906 |
| (21) The violation of section 3701.79 of the Revised Code or | 49907 |
|
of any abortion rule adopted by the | 49908 |
| 49909 |
| (22) Any of the following actions taken by an agency | 49910 |
| responsible for authorizing, certifying, or regulating an | 49911 |
| individual to practice a health care occupation or provide health | 49912 |
| care services in this state or another jurisdiction, for any | 49913 |
| reason other than the nonpayment of fees: the limitation, | 49914 |
| revocation, or suspension of an individual's license to practice; | 49915 |
| acceptance of an individual's license surrender; denial of a | 49916 |
| license; refusal to renew or reinstate a license; imposition of | 49917 |
| probation; or issuance of an order of censure or other reprimand; | 49918 |
| (23) The violation of section 2919.12 of the Revised Code or | 49919 |
| the performance or inducement of an abortion upon a pregnant woman | 49920 |
| with actual knowledge that the conditions specified in division | 49921 |
| (B) of section 2317.56 of the Revised Code have not been satisfied | 49922 |
| or with a heedless indifference as to whether those conditions | 49923 |
| have been satisfied, unless an affirmative defense as specified in | 49924 |
| division (H)(2) of that section would apply in a civil action | 49925 |
| authorized by division (H)(1) of that section; | 49926 |
| (24) The revocation, suspension, restriction, reduction, or | 49927 |
| termination of clinical privileges by the United States department | 49928 |
| of defense or department of veterans affairs or the termination or | 49929 |
| suspension of a certificate of registration to prescribe drugs by | 49930 |
| the drug enforcement administration of the United States | 49931 |
| department of justice; | 49932 |
| (25) Termination or suspension from participation in the | 49933 |
| medicare or medicaid programs by the department of health and | 49934 |
| human services or other responsible agency for any act or acts | 49935 |
| that also would constitute a violation of division (B)(2), (3), | 49936 |
| (6), (8), or (19) of this section; | 49937 |
| (26) Impairment of ability to practice according to | 49938 |
| acceptable and prevailing standards of care because of habitual or | 49939 |
| excessive use or abuse of drugs, alcohol, or other substances that | 49940 |
| impair ability to practice. | 49941 |
| For the purposes of this division, any individual authorized | 49942 |
| to practice by this chapter accepts the privilege of practicing in | 49943 |
| this state subject to supervision by the board. By filing an | 49944 |
| application for or holding a certificate to practice under this | 49945 |
| chapter, an individual shall be deemed to have given consent to | 49946 |
| submit to a mental or physical examination when ordered to do so | 49947 |
| by the board in writing, and to have waived all objections to the | 49948 |
| admissibility of testimony or examination reports that constitute | 49949 |
| privileged communications. | 49950 |
| If it has reason to believe that any individual authorized to | 49951 |
| practice by this chapter or any applicant for certification to | 49952 |
| practice suffers such impairment, the board may compel the | 49953 |
| individual to submit to a mental or physical examination, or both. | 49954 |
| The expense of the examination is the responsibility of the | 49955 |
| individual compelled to be examined. Any mental or physical | 49956 |
| examination required under this division shall be undertaken by a | 49957 |
| treatment provider or physician who is qualified to conduct the | 49958 |
| examination and who is chosen by the board. | 49959 |
| Failure to submit to a mental or physical examination ordered | 49960 |
| by the board constitutes an admission of the allegations against | 49961 |
| the individual unless the failure is due to circumstances beyond | 49962 |
| the individual's control, and a default and final order may be | 49963 |
| entered without the taking of testimony or presentation of | 49964 |
| evidence. If the board determines that the individual's ability to | 49965 |
| practice is impaired, the board shall suspend the individual's | 49966 |
| certificate or deny the individual's application and shall require | 49967 |
| the individual, as a condition for initial, continued, reinstated, | 49968 |
| or renewed certification to practice, to submit to treatment. | 49969 |
| Before being eligible to apply for reinstatement of a | 49970 |
| certificate suspended under this division, the impaired | 49971 |
| practitioner shall demonstrate to the board the ability to resume | 49972 |
| practice in compliance with acceptable and prevailing standards of | 49973 |
| care under the provisions of the practitioner's certificate. The | 49974 |
| demonstration shall include, but shall not be limited to, the | 49975 |
| following: | 49976 |
| (a) Certification from a treatment provider approved under | 49977 |
| section 4731.25 of the Revised Code that the individual has | 49978 |
| successfully completed any required inpatient treatment; | 49979 |
| (b) Evidence of continuing full compliance with an aftercare | 49980 |
| contract or consent agreement; | 49981 |
| (c) Two written reports indicating that the individual's | 49982 |
| ability to practice has been assessed and that the individual has | 49983 |
| been found capable of practicing according to acceptable and | 49984 |
| prevailing standards of care. The reports shall be made by | 49985 |
| individuals or providers approved by the board for making the | 49986 |
| assessments and shall describe the basis for their determination. | 49987 |
| The board may reinstate a certificate suspended under this | 49988 |
| division after that demonstration and after the individual has | 49989 |
| entered into a written consent agreement. | 49990 |
| When the impaired practitioner resumes practice, the board | 49991 |
| shall require continued monitoring of the individual. The | 49992 |
| monitoring shall include, but not be limited to, compliance with | 49993 |
| the written consent agreement entered into before reinstatement or | 49994 |
| with conditions imposed by board order after a hearing, and, upon | 49995 |
| termination of the consent agreement, submission to the board for | 49996 |
| at least two years of annual written progress reports made under | 49997 |
| penalty of perjury stating whether the individual has maintained | 49998 |
| sobriety. | 49999 |
| (27) A second or subsequent violation of section 4731.66 or | 50000 |
| 4731.69 of the Revised Code; | 50001 |
| (28) Except as provided in division (N) of this section: | 50002 |
| (a) Waiving the payment of all or any part of a deductible or | 50003 |
| copayment that a patient, pursuant to a health insurance or health | 50004 |
| care policy, contract, or plan that covers the individual's | 50005 |
| services, otherwise would be required to pay if the waiver is used | 50006 |
| as an enticement to a patient or group of patients to receive | 50007 |
| health care services from that individual; | 50008 |
| (b) Advertising that the individual will waive the payment of | 50009 |
| all or any part of a deductible or copayment that a patient, | 50010 |
| pursuant to a health insurance or health care policy, contract, or | 50011 |
| plan that covers the individual's services, otherwise would be | 50012 |
| required to pay. | 50013 |
| (29) Failure to use universal blood and body fluid | 50014 |
| precautions established by rules adopted under section 4731.051 of | 50015 |
| the Revised Code; | 50016 |
| (30) Failure to provide notice to, and receive acknowledgment | 50017 |
| of the notice from, a patient when required by section 4731.143 of | 50018 |
| the Revised Code prior to providing nonemergency professional | 50019 |
| services, or failure to maintain that notice in the patient's | 50020 |
| file; | 50021 |
| (31) Failure of a physician supervising a physician assistant | 50022 |
| to maintain supervision in accordance with the requirements of | 50023 |
| Chapter 4730. of the Revised Code and the rules adopted under that | 50024 |
| chapter; | 50025 |
| (32) Failure of a physician or podiatrist to enter into a | 50026 |
| standard care arrangement with a clinical nurse specialist, | 50027 |
| certified nurse-midwife, or certified nurse practitioner with whom | 50028 |
| the physician or podiatrist is in collaboration pursuant to | 50029 |
| section 4731.27 of the Revised Code or failure to fulfill the | 50030 |
| responsibilities of collaboration after entering into a standard | 50031 |
| care arrangement; | 50032 |
| (33) Failure to comply with the terms of a consult agreement | 50033 |
| entered into with a pharmacist pursuant to section 4729.39 of the | 50034 |
| Revised Code; | 50035 |
| (34) Failure to cooperate in an investigation conducted by | 50036 |
| the board under division (F) of this section, including failure to | 50037 |
| comply with a subpoena or order issued by the board or failure to | 50038 |
| answer truthfully a question presented by the board at a | 50039 |
| deposition or in written interrogatories, except that failure to | 50040 |
| cooperate with an investigation shall not constitute grounds for | 50041 |
| discipline under this section if a court of competent jurisdiction | 50042 |
| has issued an order that either quashes a subpoena or permits the | 50043 |
| individual to withhold the testimony or evidence in issue; | 50044 |
| (35) Failure to supervise an acupuncturist in accordance with | 50045 |
| Chapter 4762. of the Revised Code and the board's rules for | 50046 |
| supervision of an acupuncturist; | 50047 |
| (36) Failure to supervise an anesthesiologist assistant in | 50048 |
| accordance with Chapter 4760. of the Revised Code and the board's | 50049 |
| rules for supervision of an anesthesiologist assistant; | 50050 |
| (37) Assisting suicide as defined in section 3795.01 of the | 50051 |
| Revised Code; | 50052 |
| (38) Failure to comply with the requirements of section | 50053 |
| 2317.561 of the Revised Code; | 50054 |
| (39) Failure to supervise a radiologist assistant in | 50055 |
| accordance with Chapter 4774. of the Revised Code and the board's | 50056 |
| rules for supervision of radiologist assistants; | 50057 |
| (40) Performing or inducing an abortion at an office or | 50058 |
| facility with knowledge that the office or facility fails to post | 50059 |
| the notice required under section 3701.791 of the Revised Code; | 50060 |
| (41) Failure to comply with the standards and procedures | 50061 |
| established in rules under section 4731.054 of the Revised Code | 50062 |
| for the operation of or the provision of care at a pain management | 50063 |
| clinic; | 50064 |
| (42) Failure to comply with the standards and procedures | 50065 |
| established in rules under section 4731.054 of the Revised Code | 50066 |
| for providing supervision, direction, and control of individuals | 50067 |
| at a pain management clinic; | 50068 |
| (43) Failure to comply with the requirements of section | 50069 |
| 4729.79 of the Revised Code, unless the state board of pharmacy no | 50070 |
| longer maintains a drug database pursuant to section 4729.75 of | 50071 |
| the Revised Code; | 50072 |
| | 50073 |
| 2919.171 of the Revised Code or failure to submit to the | 50074 |
| department of health in accordance with a court order a complete | 50075 |
| report as described in section 2919.171 of the Revised Code. | 50076 |
| (C) Disciplinary actions taken by the board under divisions | 50077 |
| (A) and (B) of this section shall be taken pursuant to an | 50078 |
| adjudication under Chapter 119. of the Revised Code, except that | 50079 |
| in lieu of an adjudication, the board may enter into a consent | 50080 |
| agreement with an individual to resolve an allegation of a | 50081 |
| violation of this chapter or any rule adopted under it. A consent | 50082 |
| agreement, when ratified by an affirmative vote of not fewer than | 50083 |
| six members of the board, shall constitute the findings and order | 50084 |
| of the board with respect to the matter addressed in the | 50085 |
| agreement. If the board refuses to ratify a consent agreement, the | 50086 |
| admissions and findings contained in the consent agreement shall | 50087 |
| be of no force or effect. | 50088 |
| A telephone conference call may be utilized for ratification | 50089 |
| of a consent agreement that revokes or suspends an individual's | 50090 |
| certificate to practice. The telephone conference call shall be | 50091 |
| considered a special meeting under division (F) of section 121.22 | 50092 |
| of the Revised Code. | 50093 |
| If the board takes disciplinary action against an individual | 50094 |
| under division (B) of this section for a second or subsequent plea | 50095 |
| of guilty to, or judicial finding of guilt of, a violation of | 50096 |
| section 2919.123 of the Revised Code, the disciplinary action | 50097 |
| shall consist of a suspension of the individual's certificate to | 50098 |
| practice for a period of at least one year or, if determined | 50099 |
| appropriate by the board, a more serious sanction involving the | 50100 |
| individual's certificate to practice. Any consent agreement | 50101 |
| entered into under this division with an individual that pertains | 50102 |
| to a second or subsequent plea of guilty to, or judicial finding | 50103 |
| of guilt of, a violation of that section shall provide for a | 50104 |
| suspension of the individual's certificate to practice for a | 50105 |
| period of at least one year or, if determined appropriate by the | 50106 |
| board, a more serious sanction involving the individual's | 50107 |
| certificate to practice. | 50108 |
| (D) For purposes of divisions (B)(10), (12), and (14) of this | 50109 |
| section, the commission of the act may be established by a finding | 50110 |
| by the board, pursuant to an adjudication under Chapter 119. of | 50111 |
| the Revised Code, that the individual committed the act. The board | 50112 |
| does not have jurisdiction under those divisions if the trial | 50113 |
| court renders a final judgment in the individual's favor and that | 50114 |
| judgment is based upon an adjudication on the merits. The board | 50115 |
| has jurisdiction under those divisions if the trial court issues | 50116 |
| an order of dismissal upon technical or procedural grounds. | 50117 |
| (E) The sealing of conviction records by any court shall have | 50118 |
| no effect upon a prior board order entered under this section or | 50119 |
| upon the board's jurisdiction to take action under this section | 50120 |
| if, based upon a plea of guilty, a judicial finding of guilt, or a | 50121 |
| judicial finding of eligibility for intervention in lieu of | 50122 |
| conviction, the board issued a notice of opportunity for a hearing | 50123 |
| prior to the court's order to seal the records. The board shall | 50124 |
| not be required to seal, destroy, redact, or otherwise modify its | 50125 |
| records to reflect the court's sealing of conviction records. | 50126 |
| (F)(1) The board shall investigate evidence that appears to | 50127 |
| show that a person has violated any provision of this chapter or | 50128 |
| any rule adopted under it. Any person may report to the board in a | 50129 |
| signed writing any information that the person may have that | 50130 |
| appears to show a violation of any provision of this chapter or | 50131 |
| any rule adopted under it. In the absence of bad faith, any person | 50132 |
| who reports information of that nature or who testifies before the | 50133 |
| board in any adjudication conducted under Chapter 119. of the | 50134 |
| Revised Code shall not be liable in damages in a civil action as a | 50135 |
| result of the report or testimony. Each complaint or allegation of | 50136 |
| a violation received by the board shall be assigned a case number | 50137 |
| and shall be recorded by the board. | 50138 |
| (2) Investigations of alleged violations of this chapter or | 50139 |
| any rule adopted under it shall be supervised by the supervising | 50140 |
| member elected by the board in accordance with section 4731.02 of | 50141 |
| the Revised Code and by the secretary as provided in section | 50142 |
| 4731.39 of the Revised Code. The president may designate another | 50143 |
| member of the board to supervise the investigation in place of the | 50144 |
| supervising member. No member of the board who supervises the | 50145 |
| investigation of a case shall participate in further adjudication | 50146 |
| of the case. | 50147 |
| (3) In investigating a possible violation of this chapter or | 50148 |
| any rule adopted under this chapter, the board may administer | 50149 |
| oaths, order the taking of depositions, inspect and copy any | 50150 |
| books, accounts, papers, records, or documents, issue subpoenas, | 50151 |
| and compel the attendance of witnesses and production of books, | 50152 |
| accounts, papers, records, documents, and testimony, except that a | 50153 |
| subpoena for patient record information shall not be issued | 50154 |
| without consultation with the attorney general's office and | 50155 |
| approval of the secretary and supervising member of the board. | 50156 |
| Before issuance of a subpoena for patient record information, the | 50157 |
| secretary and supervising member shall determine whether there is | 50158 |
| probable cause to believe that the complaint filed alleges a | 50159 |
| violation of this chapter or any rule adopted under it and that | 50160 |
| the records sought are relevant to the alleged violation and | 50161 |
| material to the investigation. The subpoena may apply only to | 50162 |
| records that cover a reasonable period of time surrounding the | 50163 |
| alleged violation. | 50164 |
| On failure to comply with any subpoena issued by the board | 50165 |
| and after reasonable notice to the person being subpoenaed, the | 50166 |
| board may move for an order compelling the production of persons | 50167 |
| or records pursuant to the Rules of Civil Procedure. | 50168 |
| A subpoena issued by the board may be served by a sheriff, | 50169 |
| the sheriff's deputy, or a board employee designated by the board. | 50170 |
| Service of a subpoena issued by the board may be made by | 50171 |
| delivering a copy of the subpoena to the person named therein, | 50172 |
| reading it to the person, or leaving it at the person's usual | 50173 |
| place of residence. When the person being served is a person whose | 50174 |
| practice is authorized by this chapter, service of the subpoena | 50175 |
| may be made by certified mail, restricted delivery, return receipt | 50176 |
| requested, and the subpoena shall be deemed served on the date | 50177 |
| delivery is made or the date the person refuses to accept | 50178 |
| delivery. | 50179 |
| A sheriff's deputy who serves a subpoena shall receive the | 50180 |
| same fees as a sheriff. Each witness who appears before the board | 50181 |
| in obedience to a subpoena shall receive the fees and mileage | 50182 |
| provided for under section 119.094 of the Revised Code. | 50183 |
| (4) All hearings and investigations of the board shall be | 50184 |
| considered civil actions for the purposes of section 2305.252 of | 50185 |
| the Revised Code. | 50186 |
| (5) Information received by the board pursuant to an | 50187 |
| investigation is confidential and not subject to discovery in any | 50188 |
| civil action. | 50189 |
| The board shall conduct all investigations and proceedings in | 50190 |
| a manner that protects the confidentiality of patients and persons | 50191 |
| who file complaints with the board. The board shall not make | 50192 |
| public the names or any other identifying information about | 50193 |
| patients or complainants unless proper consent is given or, in the | 50194 |
| case of a patient, a waiver of the patient privilege exists under | 50195 |
| division (B) of section 2317.02 of the Revised Code, except that | 50196 |
| consent or a waiver of that nature is not required if the board | 50197 |
| possesses reliable and substantial evidence that no bona fide | 50198 |
| physician-patient relationship exists. | 50199 |
| The board may share any information it receives pursuant to | 50200 |
| an investigation, including patient records and patient record | 50201 |
| information, with law enforcement agencies, other licensing | 50202 |
| boards, and other governmental agencies that are prosecuting, | 50203 |
| adjudicating, or investigating alleged violations of statutes or | 50204 |
| administrative rules. An agency or board that receives the | 50205 |
| information shall comply with the same requirements regarding | 50206 |
| confidentiality as those with which the state medical board must | 50207 |
| comply, notwithstanding any conflicting provision of the Revised | 50208 |
| Code or procedure of the agency or board that applies when it is | 50209 |
| dealing with other information in its possession. In a judicial | 50210 |
| proceeding, the information may be admitted into evidence only in | 50211 |
| accordance with the Rules of Evidence, but the court shall require | 50212 |
| that appropriate measures are taken to ensure that confidentiality | 50213 |
| is maintained with respect to any part of the information that | 50214 |
| contains names or other identifying information about patients or | 50215 |
| complainants whose confidentiality was protected by the state | 50216 |
| medical board when the information was in the board's possession. | 50217 |
| Measures to ensure confidentiality that may be taken by the court | 50218 |
| include sealing its records or deleting specific information from | 50219 |
| its records. | 50220 |
| (6) On a quarterly basis, the board shall prepare a report | 50221 |
| that documents the disposition of all cases during the preceding | 50222 |
| three months. The report shall contain the following information | 50223 |
| for each case with which the board has completed its activities: | 50224 |
| (a) The case number assigned to the complaint or alleged | 50225 |
| violation; | 50226 |
| (b) The type of certificate to practice, if any, held by the | 50227 |
| individual against whom the complaint is directed; | 50228 |
| (c) A description of the allegations contained in the | 50229 |
| complaint; | 50230 |
| (d) The disposition of the case. | 50231 |
| The report shall state how many cases are still pending and | 50232 |
| shall be prepared in a manner that protects the identity of each | 50233 |
| person involved in each case. The report shall be a public record | 50234 |
| under section 149.43 of the Revised Code. | 50235 |
| (G) If the secretary and supervising member determine both of | 50236 |
| the following, they may recommend that the board suspend an | 50237 |
| individual's certificate to practice without a prior hearing: | 50238 |
| (1) That there is clear and convincing evidence that an | 50239 |
| individual has violated division (B) of this section; | 50240 |
| (2) That the individual's continued practice presents a | 50241 |
| danger of immediate and serious harm to the public. | 50242 |
| Written allegations shall be prepared for consideration by | 50243 |
| the board. The board, upon review of those allegations and by an | 50244 |
| affirmative vote of not fewer than six of its members, excluding | 50245 |
| the secretary and supervising member, may suspend a certificate | 50246 |
| without a prior hearing. A telephone conference call may be | 50247 |
| utilized for reviewing the allegations and taking the vote on the | 50248 |
| summary suspension. | 50249 |
| The board shall issue a written order of suspension by | 50250 |
| certified mail or in person in accordance with section 119.07 of | 50251 |
| the Revised Code. The order shall not be subject to suspension by | 50252 |
| the court during pendency of any appeal filed under section 119.12 | 50253 |
| of the Revised Code. If the individual subject to the summary | 50254 |
| suspension requests an adjudicatory hearing by the board, the date | 50255 |
| set for the hearing shall be within fifteen days, but not earlier | 50256 |
| than seven days, after the individual requests the hearing, unless | 50257 |
| otherwise agreed to by both the board and the individual. | 50258 |
| Any summary suspension imposed under this division shall | 50259 |
| remain in effect, unless reversed on appeal, until a final | 50260 |
| adjudicative order issued by the board pursuant to this section | 50261 |
| and Chapter 119. of the Revised Code becomes effective. The board | 50262 |
| shall issue its final adjudicative order within seventy-five days | 50263 |
| after completion of its hearing. A failure to issue the order | 50264 |
| within seventy-five days shall result in dissolution of the | 50265 |
| summary suspension order but shall not invalidate any subsequent, | 50266 |
| final adjudicative order. | 50267 |
| (H) If the board takes action under division (B)(9), (11), or | 50268 |
| (13) of this section and the judicial finding of guilt, guilty | 50269 |
| plea, or judicial finding of eligibility for intervention in lieu | 50270 |
| of conviction is overturned on appeal, upon exhaustion of the | 50271 |
| criminal appeal, a petition for reconsideration of the order may | 50272 |
| be filed with the board along with appropriate court documents. | 50273 |
| Upon receipt of a petition of that nature and supporting court | 50274 |
| documents, the board shall reinstate the individual's certificate | 50275 |
| to practice. The board may then hold an adjudication under Chapter | 50276 |
| 119. of the Revised Code to determine whether the individual | 50277 |
| committed the act in question. Notice of an opportunity for a | 50278 |
| hearing shall be given in accordance with Chapter 119. of the | 50279 |
| Revised Code. If the board finds, pursuant to an adjudication held | 50280 |
| under this division, that the individual committed the act or if | 50281 |
| no hearing is requested, the board may order any of the sanctions | 50282 |
| identified under division (B) of this section. | 50283 |
| (I) The certificate to practice issued to an individual under | 50284 |
| this chapter and the individual's practice in this state are | 50285 |
| automatically suspended as of the date of the individual's second | 50286 |
| or subsequent plea of guilty to, or judicial finding of guilt of, | 50287 |
| a violation of section 2919.123 of the Revised Code, or the date | 50288 |
| the individual pleads guilty to, is found by a judge or jury to be | 50289 |
| guilty of, or is subject to a judicial finding of eligibility for | 50290 |
| intervention in lieu of conviction in this state or treatment or | 50291 |
| intervention in lieu of conviction in another jurisdiction for any | 50292 |
| of the following criminal offenses in this state or a | 50293 |
| substantially equivalent criminal offense in another jurisdiction: | 50294 |
| aggravated murder, murder, voluntary manslaughter, felonious | 50295 |
| assault, kidnapping, rape, sexual battery, gross sexual | 50296 |
| imposition, aggravated arson, aggravated robbery, or aggravated | 50297 |
| burglary. Continued practice after suspension shall be considered | 50298 |
| practicing without a certificate. | 50299 |
| The board shall notify the individual subject to the | 50300 |
| suspension by certified mail or in person in accordance with | 50301 |
| section 119.07 of the Revised Code. If an individual whose | 50302 |
| certificate is automatically suspended under this division fails | 50303 |
| to make a timely request for an adjudication under Chapter 119. of | 50304 |
| the Revised Code, the board shall do whichever of the following is | 50305 |
| applicable: | 50306 |
| (1) If the automatic suspension under this division is for a | 50307 |
| second or subsequent plea of guilty to, or judicial finding of | 50308 |
| guilt of, a violation of section 2919.123 of the Revised Code, the | 50309 |
| board shall enter an order suspending the individual's certificate | 50310 |
| to practice for a period of at least one year or, if determined | 50311 |
| appropriate by the board, imposing a more serious sanction | 50312 |
| involving the individual's certificate to practice. | 50313 |
| (2) In all circumstances in which division (I)(1) of this | 50314 |
| section does not apply, enter a final order permanently revoking | 50315 |
| the individual's certificate to practice. | 50316 |
| (J) If the board is required by Chapter 119. of the Revised | 50317 |
| Code to give notice of an opportunity for a hearing and if the | 50318 |
| individual subject to the notice does not timely request a hearing | 50319 |
| in accordance with section 119.07 of the Revised Code, the board | 50320 |
| is not required to hold a hearing, but may adopt, by an | 50321 |
| affirmative vote of not fewer than six of its members, a final | 50322 |
| order that contains the board's findings. In that final order, the | 50323 |
| board may order any of the sanctions identified under division (A) | 50324 |
| or (B) of this section. | 50325 |
| (K) Any action taken by the board under division (B) of this | 50326 |
| section resulting in a suspension from practice shall be | 50327 |
| accompanied by a written statement of the conditions under which | 50328 |
| the individual's certificate to practice may be reinstated. The | 50329 |
| board shall adopt rules governing conditions to be imposed for | 50330 |
| reinstatement. Reinstatement of a certificate suspended pursuant | 50331 |
| to division (B) of this section requires an affirmative vote of | 50332 |
| not fewer than six members of the board. | 50333 |
| (L) When the board refuses to grant a certificate to an | 50334 |
| applicant, revokes an individual's certificate to practice, | 50335 |
| refuses to register an applicant, or refuses to reinstate an | 50336 |
| individual's certificate to practice, the board may specify that | 50337 |
| its action is permanent. An individual subject to a permanent | 50338 |
| action taken by the board is forever thereafter ineligible to hold | 50339 |
| a certificate to practice and the board shall not accept an | 50340 |
| application for reinstatement of the certificate or for issuance | 50341 |
| of a new certificate. | 50342 |
| (M) Notwithstanding any other provision of the Revised Code, | 50343 |
| all of the following apply: | 50344 |
| (1) The surrender of a certificate issued under this chapter | 50345 |
| shall not be effective unless or until accepted by the board. A | 50346 |
| telephone conference call may be utilized for acceptance of the | 50347 |
| surrender of an individual's certificate to practice. The | 50348 |
| telephone conference call shall be considered a special meeting | 50349 |
| under division (F) of section 121.22 of the Revised Code. | 50350 |
| Reinstatement of a certificate surrendered to the board requires | 50351 |
| an affirmative vote of not fewer than six members of the board. | 50352 |
| (2) An application for a certificate made under the | 50353 |
| provisions of this chapter may not be withdrawn without approval | 50354 |
| of the board. | 50355 |
| (3) Failure by an individual to renew a certificate of | 50356 |
| registration in accordance with this chapter shall not remove or | 50357 |
| limit the board's jurisdiction to take any disciplinary action | 50358 |
| under this section against the individual. | 50359 |
| (N) Sanctions shall not be imposed under division (B)(28) of | 50360 |
| this section against any person who waives deductibles and | 50361 |
| copayments as follows: | 50362 |
| (1) In compliance with the health benefit plan that expressly | 50363 |
| allows such a practice. Waiver of the deductibles or copayments | 50364 |
| shall be made only with the full knowledge and consent of the plan | 50365 |
| purchaser, payer, and third-party administrator. Documentation of | 50366 |
| the consent shall be made available to the board upon request. | 50367 |
| (2) For professional services rendered to any other person | 50368 |
| authorized to practice pursuant to this chapter, to the extent | 50369 |
| allowed by this chapter and rules adopted by the board. | 50370 |
| (O) Under the board's investigative duties described in this | 50371 |
| section and subject to division (F) of this section, the board | 50372 |
| shall develop and implement a quality intervention program | 50373 |
| designed to improve through remedial education the clinical and | 50374 |
| communication skills of individuals authorized under this chapter | 50375 |
| to practice medicine and surgery, osteopathic medicine and | 50376 |
| surgery, and podiatric medicine and surgery. In developing and | 50377 |
| implementing the quality intervention program, the board may do | 50378 |
| all of the following: | 50379 |
| (1) Offer in appropriate cases as determined by the board an | 50380 |
| educational and assessment program pursuant to an investigation | 50381 |
| the board conducts under this section; | 50382 |
| (2) Select providers of educational and assessment services, | 50383 |
| including a quality intervention program panel of case reviewers; | 50384 |
| (3) Make referrals to educational and assessment service | 50385 |
| providers and approve individual educational programs recommended | 50386 |
| by those providers. The board shall monitor the progress of each | 50387 |
| individual undertaking a recommended individual educational | 50388 |
| program. | 50389 |
| (4) Determine what constitutes successful completion of an | 50390 |
| individual educational program and require further monitoring of | 50391 |
| the individual who completed the program or other action that the | 50392 |
| board determines to be appropriate; | 50393 |
| (5) Adopt rules in accordance with Chapter 119. of the | 50394 |
| Revised Code to further implement the quality intervention | 50395 |
| program. | 50396 |
| An individual who participates in an individual educational | 50397 |
| program pursuant to this division shall pay the financial | 50398 |
| obligations arising from that educational program. | 50399 |
| Sec. 4736.01. As used in this chapter: | 50400 |
| (A) "Environmental health science" means the aspect of public | 50401 |
| health science that includes, but is not limited to, the following | 50402 |
| bodies of knowledge: air quality, food quality and protection, | 50403 |
| hazardous and toxic substances, consumer product safety, housing, | 50404 |
| institutional health and safety, community noise control, | 50405 |
| radiation protection, recreational facilities, solid and liquid | 50406 |
| waste management, vector control, drinking water quality, milk | 50407 |
| sanitation, and rabies control. | 50408 |
| (B) "Sanitarian" means a person who performs for compensation | 50409 |
| educational, investigational, technical, or administrative duties | 50410 |
| requiring specialized knowledge and skills in the field of | 50411 |
| environmental health science. | 50412 |
| (C) "Registered sanitarian" means a person who is registered | 50413 |
| as a sanitarian in accordance with this chapter. | 50414 |
| (D) "Sanitarian-in-training" means a person who is registered | 50415 |
| as a sanitarian-in-training in accordance with this chapter. | 50416 |
| (E) "Practice of environmental health" means consultation, | 50417 |
| instruction, investigation, inspection, or evaluation by an | 50418 |
| employee of a city health district, a general health district, the | 50419 |
| environmental protection agency, the department of health, or the | 50420 |
| department of agriculture requiring specialized knowledge, | 50421 |
| training, and experience in the field of environmental health | 50422 |
| science, with the primary purpose of improving or conducting | 50423 |
| administration or enforcement under any of the following: | 50424 |
| (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or | 50425 |
| 3733. of the Revised Code; | 50426 |
| (2) Chapter 3734. of the Revised Code as it pertains to solid | 50427 |
| waste; | 50428 |
| (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections | 50429 |
| 3707.38 to 3707.99, or section 3715.21 of the Revised Code; | 50430 |
| (4) Rules adopted under former section 3701.34 of the Revised | 50431 |
| Code pertaining to rabies control or swimming pools; | 50432 |
| (5) Rules adopted under section 3701.935 of the Revised Code | 50433 |
| for school health and safety network inspections and rules adopted | 50434 |
| under section 3707.26 of the Revised Code for sanitary | 50435 |
| inspections. | 50436 |
| "Practice of environmental health" does not include sampling, | 50437 |
| testing, controlling of vectors, reporting of observations, or | 50438 |
| other duties that do not require application of specialized | 50439 |
| knowledge and skills in environmental health science performed | 50440 |
| under the supervision of a registered sanitarian. | 50441 |
| The state board of sanitarian registration may further define | 50442 |
| environmental health science in relation to specific functions in | 50443 |
| the practice of environmental health through rules adopted by the | 50444 |
| board under Chapter 119. of the Revised Code. | 50445 |
| Sec. 4740.03. (A) The administrative section of the Ohio | 50446 |
| construction industry licensing board annually shall elect from | 50447 |
| among its members a chairperson and other officers as the board, | 50448 |
| by rule, designates. The chairperson shall preside over meetings | 50449 |
| of the administrative section or designate another member to | 50450 |
| preside in the chairperson's absence. The administrative section | 50451 |
| shall hold at least two regular meetings each year, but may meet | 50452 |
| at additional times as specified by rule, at the call of the | 50453 |
| chairperson, or upon the request of two or more members. A | 50454 |
| majority of the members of the administrative section constitutes | 50455 |
| a quorum for the transaction of all business. The administrative | 50456 |
| section may not take any action without the concurrence of at | 50457 |
| least three of its members. | 50458 |
| (B)(1) The administrative section shall employ a secretary, | 50459 |
| who is not a member of the board, to serve at the pleasure of the | 50460 |
| administrative section, and shall fix the compensation of the | 50461 |
| secretary. The secretary shall be in the unclassified civil | 50462 |
| service of the state. | 50463 |
| (2) The secretary shall do all of the following: | 50464 |
| (a) Keep or set standards for and delegate to another person | 50465 |
| the keeping of the minutes, books, and other records and files of | 50466 |
| the board and each section of the board; | 50467 |
| (b) Issue all licenses in the name of the board; | 50468 |
| (c) Send out all notices, including advance notices of | 50469 |
| meetings of the board and each section of the board, and attend to | 50470 |
| all correspondence of the board and each section of the board, | 50471 |
| under the direction of the administrative section; | 50472 |
| (d) Receive and deposit all fees payable pursuant to this | 50473 |
|
chapter into the | 50474 |
| created pursuant to section 121.084 of the Revised Code; | 50475 |
| (e) Perform all other duties incidental to the office of the | 50476 |
| secretary or properly assigned to the secretary by the | 50477 |
| administrative section of the board. | 50478 |
| (3) Before entering upon the discharge of the duties of the | 50479 |
| secretary, the secretary shall file with the treasurer of state a | 50480 |
| bond in the sum of five thousand dollars, payable to the state, to | 50481 |
| ensure the faithful performance of the secretary's duties. The | 50482 |
| board shall pay the premium of the bond in the same manner as it | 50483 |
| pays other expenditures of the board. | 50484 |
| (C) Upon the request of the administrative section of the | 50485 |
| board, the director of commerce shall supply the board and its | 50486 |
| sections with personnel, office space, and supplies, as the | 50487 |
| director determines appropriate. The administrative section of the | 50488 |
| board shall employ any additional staff it considers necessary and | 50489 |
| appropriate. | 50490 |
| (D) The chairperson of the board or the secretary, or both, | 50491 |
| as authorized by the board, shall approve all vouchers of the | 50492 |
| board. | 50493 |
| Sec. 4740.11. The Ohio construction industry licensing board | 50494 |
| and its sections shall deposit all receipts and fines collected | 50495 |
| under this chapter into the state treasury to the credit of the | 50496 |
| 50497 | |
| 121.084 of the Revised Code. | 50498 |
| Sec. 4740.14. (A) There is hereby created within the | 50499 |
| department of commerce the residential construction advisory | 50500 |
| committee consisting of nine persons the director of commerce | 50501 |
| appoints. The advisory committee shall be made up of the following | 50502 |
| members: | 50503 |
| (1) Three shall be general contractors who have recognized | 50504 |
| ability and experience in the construction of residential | 50505 |
| buildings. | 50506 |
| (2) Two shall be building officials who have experience | 50507 |
| administering and enforcing a residential building code. | 50508 |
| (3) One, chosen from a list of three names the Ohio fire | 50509 |
| chief's association submits, shall be from the fire service | 50510 |
| certified as a fire safety inspector who has at least ten years of | 50511 |
| experience enforcing fire or building codes. | 50512 |
| (4) One shall be a residential contractor who has recognized | 50513 |
| ability and experience in the remodeling and construction of | 50514 |
| residential buildings. | 50515 |
| (5) One shall be an architect registered pursuant to Chapter | 50516 |
| 4703. of the Revised Code, with recognized ability and experience | 50517 |
| in the architecture of residential buildings. | 50518 |
| (6) One, chosen from a list of three names the Ohio municipal | 50519 |
| league submits to the director, shall be a mayor of a municipal | 50520 |
| corporation in which the Ohio residential building code is being | 50521 |
| enforced in the municipal corporation by a certified building | 50522 |
| department. | 50523 |
| (B) Terms of office shall be for three years, with each term | 50524 |
| ending on the date three years after the date of appointment. Each | 50525 |
| member shall hold office from the date of appointment until the | 50526 |
| end of the term for which the member was appointed. Vacancies | 50527 |
| shall be filled in the manner provided for initial appointments. | 50528 |
| Any member appointed to fill a vacancy in an unexpired term shall | 50529 |
| hold office for the remainder of that term. | 50530 |
| (C) The advisory committee shall do all of the following: | 50531 |
| (1) Recommend to the board of building standards a building | 50532 |
| code for residential buildings. The committee shall recommend a | 50533 |
| code that it may model on a residential building code a national | 50534 |
| model code organization issues, with adaptations necessary to | 50535 |
| implement the code in this state. If the board of building | 50536 |
| standards decides not to adopt a code the committee recommends, | 50537 |
| the committee shall revise the code and resubmit it until the | 50538 |
| board adopts a code the committee recommends as the state | 50539 |
| residential building code; | 50540 |
| (2) Advise the board regarding the establishment of standards | 50541 |
| for certification of building officials who enforce the state | 50542 |
| residential building code; | 50543 |
| (3) Assist the board in providing information and guidance to | 50544 |
| residential contractors and building officials who enforce the | 50545 |
| state residential building code; | 50546 |
| (4) Advise the board regarding the interpretation of the | 50547 |
| state residential building code; | 50548 |
| (5) Provide other assistance the committee considers | 50549 |
| necessary; | 50550 |
| (6) Provide the board with a written report of the | 50551 |
| committee's findings for each consideration required by division | 50552 |
| (D) of this section. | 50553 |
| (D) The committee shall not make its recommendation to the | 50554 |
| board pursuant to divisions (C)(1), (2), and (4) of this section | 50555 |
| until the advisory committee has considered all of the following: | 50556 |
| (1) The impact that the state residential building code may | 50557 |
| have upon the health, safety, and welfare of the public; | 50558 |
| (2) The economic reasonableness of the residential building | 50559 |
| code; | 50560 |
| (3) The technical feasibility of the residential building | 50561 |
| code; | 50562 |
| (4) The financial impact that the residential building code | 50563 |
| may have on the public's ability to purchase affordable housing. | 50564 |
| (E) The advisory committee may provide the board with any | 50565 |
| rule the committee recommends to update or amend the state | 50566 |
| residential building code or any rule that the committee | 50567 |
| recommends to update or amend the state residential building code | 50568 |
| after receiving a petition described in division (A)(2) of section | 50569 |
| 3781.12 of the Revised Code. | 50570 |
| (F) Members of the advisory committee shall receive no salary | 50571 |
| for the performance of their duties as members, but shall receive | 50572 |
| their actual and necessary expenses incurred in the performance of | 50573 |
| their duties as members of the advisory committee and shall | 50574 |
| receive a per diem for each day in attendance at an official | 50575 |
|
meeting of the committee, to be paid from the | 50576 |
| compliance operating fund in the state treasury, using fees | 50577 |
| collected in connection with residential buildings pursuant to | 50578 |
| division (F)(2) of section 3781.102 of the Revised Code and | 50579 |
| deposited in that fund. | 50580 |
| (G) The advisory committee is not subject to divisions (A) | 50581 |
| and (B) of section 101.84 of the Revised Code. | 50582 |
| Sec. 4743.05. Except as otherwise provided in sections | 50583 |
|
4701.20, 4723.062, 4723.082, | 50584 |
| the Revised Code, all money collected under Chapters 3773., 4701., | 50585 |
| 4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732., | 50586 |
| 4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759., | 50587 |
| 4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code | 50588 |
| shall be paid into the state treasury to the credit of the | 50589 |
| occupational licensing and regulatory fund, which is hereby | 50590 |
| created for use in administering such chapters. | 50591 |
| At the end of each quarter, the director of budget and | 50592 |
| management shall transfer from the occupational licensing and | 50593 |
| regulatory fund to the nurse education assistance fund created in | 50594 |
| section 3333.28 of the Revised Code the amount certified to the | 50595 |
| director under division (B) of section 4723.08 of the Revised | 50596 |
| Code. | 50597 |
| At the end of each quarter, the director shall transfer from | 50598 |
| the occupational licensing and regulatory fund to the certified | 50599 |
| public accountant education assistance fund created in section | 50600 |
| 4701.26 of the Revised Code the amount certified to the director | 50601 |
| under division (H)(2) of section 4701.10 of the Revised Code. | 50602 |
| Sec. 4763.05. (A)(1)(a) A person shall make application for | 50603 |
| an initial state-certified general real estate appraiser | 50604 |
| certificate, an initial state-certified residential real estate | 50605 |
| appraiser certificate, an initial state-licensed residential real | 50606 |
| estate appraiser license, or an initial state-registered real | 50607 |
| estate appraiser assistant registration in writing to the | 50608 |
| superintendent of real estate on a form the superintendent | 50609 |
| prescribes. The application shall include the address of the | 50610 |
| applicant's principal place of business and all other addresses at | 50611 |
| which the applicant currently engages in the business of preparing | 50612 |
| real estate appraisals and the address of the applicant's current | 50613 |
| residence. The superintendent shall retain the applicant's current | 50614 |
|
residence address in a separate record which | 50615 |
|
constitute a public record for purposes of section | 50616 |
| of the Revised Code. The application shall indicate whether the | 50617 |
| applicant seeks certification as a general real estate appraiser | 50618 |
| or as a residential real estate appraiser, licensure as a | 50619 |
| residential real estate appraiser, or registration as a real | 50620 |
| estate appraiser assistant and be accompanied by the prescribed | 50621 |
| examination and certification, registration, or licensure fees set | 50622 |
| forth in section 4763.09 of the Revised Code. The application also | 50623 |
| shall include a pledge, signed by the applicant, that the | 50624 |
| applicant will comply with the standards set forth in this | 50625 |
| chapter; and a statement that the applicant understands the types | 50626 |
| of misconduct for which disciplinary proceedings may be initiated | 50627 |
| against the applicant pursuant to this chapter. | 50628 |
| (b) Upon the filing of an application and payment of any | 50629 |
| examination and certification, registration, or licensure fees, | 50630 |
| the superintendent of real estate shall request the superintendent | 50631 |
| of the bureau of criminal identification and investigation, or a | 50632 |
| vendor approved by the bureau, to conduct a criminal records check | 50633 |
|
based on the applicant's fingerprints in accordance with | 50634 |
| 50635 | |
| division (K) of section 121.08 of the Revised Code, the | 50636 |
| superintendent of real estate shall request that criminal record | 50637 |
| information from the federal bureau of investigation be obtained | 50638 |
| as part of the criminal records check. Any fee required under | 50639 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 50640 |
| paid by the applicant. | 50641 |
| (2) For purposes of providing funding for the real estate | 50642 |
| appraiser recovery fund established by section 4763.16 of the | 50643 |
| Revised Code, the real estate appraiser board shall levy an | 50644 |
| assessment against each person issued an initial certificate, | 50645 |
| registration, or license and against current licensees, | 50646 |
| registrants, and certificate holders, as required by board rule. | 50647 |
| The assessment is in addition to the application and examination | 50648 |
| fees for initial applicants required by division (A)(1) of this | 50649 |
| section and the renewal fees required for current certificate | 50650 |
| holders, registrants, and licensees. The superintendent of real | 50651 |
| estate shall deposit the assessment into the state treasury to the | 50652 |
| credit of the real estate appraiser recovery fund. The assessment | 50653 |
| for initial certificate holders, registrants, and licensees shall | 50654 |
| be paid prior to the issuance of a certificate, registration, or | 50655 |
| license, and for current certificate holders, registrants, and | 50656 |
| licensees, at the time of renewal. | 50657 |
| (B) An applicant for an initial general real estate appraiser | 50658 |
| certificate, residential real estate appraiser certificate, or | 50659 |
| residential real estate appraiser license shall possess experience | 50660 |
| in real estate appraisal as the board prescribes by rule. In | 50661 |
| addition to any other information required by the board, the | 50662 |
| applicant shall furnish, under oath, a detailed listing of the | 50663 |
| appraisal reports or file memoranda for each year for which | 50664 |
| experience is claimed and, upon request of the superintendent or | 50665 |
| the board, shall make available for examination a sample of the | 50666 |
| appraisal reports prepared by the applicant in the course of the | 50667 |
| applicant's practice. | 50668 |
| (C) An applicant for an initial certificate, registration, or | 50669 |
| license shall be at least eighteen years of age, honest, truthful, | 50670 |
| and of good reputation and shall present satisfactory evidence to | 50671 |
| the superintendent that the applicant has successfully completed | 50672 |
| any education requirements the board prescribes by rule. | 50673 |
| (D) An applicant for an initial general real estate appraiser | 50674 |
| or residential real estate appraiser certificate or residential | 50675 |
| real estate appraiser license shall take and successfully complete | 50676 |
| a written examination in order to qualify for the certificate or | 50677 |
| license. | 50678 |
| The board shall prescribe the examination requirements by | 50679 |
| rule. | 50680 |
| (E)(1) A nonresident, natural person of this state who has | 50681 |
| complied with this section may obtain a certificate, registration, | 50682 |
| or license. The board shall adopt rules relating to the | 50683 |
| certification, registration, and licensure of a nonresident | 50684 |
| applicant whose state of residence the board determines to have | 50685 |
| certification, registration, or licensure requirements that are | 50686 |
| substantially similar to those set forth in this chapter and the | 50687 |
| rules adopted thereunder. | 50688 |
| (2) The board shall recognize on a temporary basis a | 50689 |
| certification or license issued in another state and shall | 50690 |
| register on a temporary basis an appraiser who is certified or | 50691 |
| licensed in another state if all of the following apply: | 50692 |
| (a) The temporary registration is to perform an appraisal | 50693 |
| assignment that is part of a federally related transaction. | 50694 |
| (b) The appraiser's business in this state is of a temporary | 50695 |
| nature. | 50696 |
| (c) The appraiser registers with the board pursuant to this | 50697 |
| division. | 50698 |
| An appraiser who is certified or licensed in another state | 50699 |
| shall register with the board for temporary practice before | 50700 |
| performing an appraisal assignment in this state in connection | 50701 |
| with a federally related transaction. | 50702 |
| The board shall adopt rules relating to registration for the | 50703 |
| temporary recognition of certification and licensure of appraisers | 50704 |
| from another state. The registration for temporary recognition of | 50705 |
| certified or licensed appraisers from another state shall not | 50706 |
| authorize completion of more than one appraisal assignment in this | 50707 |
| state. The board shall not issue more than two registrations for | 50708 |
| temporary practice to any one applicant in any calendar year. | 50709 |
| (3) In addition to any other information required to be | 50710 |
| submitted with the nonresident applicant's or appraiser's | 50711 |
| application for a certificate, registration, license, or temporary | 50712 |
| recognition of a certificate or license, each nonresident | 50713 |
| applicant or appraiser shall submit a statement consenting to the | 50714 |
| service of process upon the nonresident applicant or appraiser by | 50715 |
| means of delivering that process to the secretary of state if, in | 50716 |
| an action against the applicant, certificate holder, registrant, | 50717 |
| or licensee arising from the applicant's, certificate holder's, | 50718 |
| registrant's, or licensee's activities as a certificate holder, | 50719 |
| registrant, or licensee, the plaintiff, in the exercise of due | 50720 |
| diligence, cannot effect personal service upon the applicant, | 50721 |
| certificate holder, registrant, or licensee. | 50722 |
| (F) The superintendent shall not issue a certificate, | 50723 |
| registration, or license to, or recognize on a temporary basis an | 50724 |
| appraiser from another state that is a corporation, partnership, | 50725 |
| or association. This prohibition shall not be construed to prevent | 50726 |
| a certificate holder or licensee from signing an appraisal report | 50727 |
| on behalf of a corporation, partnership, or association. | 50728 |
| (G) Every person licensed, registered, or certified under | 50729 |
| this chapter shall notify the superintendent, on a form provided | 50730 |
| by the superintendent, of a change in the address of the | 50731 |
| licensee's, registrant's, or certificate holder's principal place | 50732 |
| of business or residence within thirty days of the change. If a | 50733 |
| licensee's, registrant's, or certificate holder's license, | 50734 |
| registration, or certificate is revoked or not renewed, the | 50735 |
| licensee, registrant, or certificate holder immediately shall | 50736 |
| return the annual and any renewal certificate, registration, or | 50737 |
| license to the superintendent. | 50738 |
| (H)(1) The superintendent shall not issue a certificate, | 50739 |
| registration, or license to any person, or recognize on a | 50740 |
| temporary basis an appraiser from another state, who does not meet | 50741 |
| applicable minimum criteria for state certification, registration, | 50742 |
| or licensure prescribed by federal law or rule. | 50743 |
| (2) The superintendent shall not issue a general real estate | 50744 |
| appraiser certificate, residential real estate appraiser | 50745 |
| certificate, residential real estate appraiser license, or real | 50746 |
| estate appraiser assistant registration to any person who has been | 50747 |
| convicted of or pleaded guilty to any criminal offense involving | 50748 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 50749 |
| passing bad checks, money laundering, or drug trafficking, or any | 50750 |
| criminal offense involving money or securities, including a | 50751 |
| violation of an existing or former law of this state, any other | 50752 |
| state, or the United States that substantially is equivalent to | 50753 |
| such an offense. However, if the applicant has pleaded guilty to | 50754 |
| or been convicted of such an offense, the superintendent shall not | 50755 |
| consider the offense if the applicant has proven to the | 50756 |
| superintendent, by a preponderance of the evidence, that the | 50757 |
| applicant's activities and employment record since the conviction | 50758 |
| show that the applicant is honest, truthful, and of good | 50759 |
| reputation, and there is no basis in fact for believing that the | 50760 |
| applicant will commit such an offense again. | 50761 |
| Sec. 4765.02. (A)(1) There is hereby created the state board | 50762 |
| of emergency medical and transportation services within the | 50763 |
| division of emergency medical services of the department of public | 50764 |
| safety. The board shall consist of the members specified in this | 50765 |
| section who are residents of this state. The governor, with the | 50766 |
| advice and consent of the senate, shall appoint all members of the | 50767 |
| board, except the employee of the department of public safety | 50768 |
| designated by the director of public safety under this section to | 50769 |
| be a member of the board. In making the appointments, the governor | 50770 |
| shall appoint only members with background or experience in | 50771 |
| emergency medical services or trauma care and shall attempt to | 50772 |
| include members representing urban and rural areas, various | 50773 |
| geographical regions of the state, and various schools of | 50774 |
| training. | 50775 |
| | 50776 |
| 50777 | |
| 50778 | |
| 50779 | |
| 50780 | |
| 50781 | |
| 50782 | |
| 50783 | |
| shall be a physician certified by the American board of surgery or | 50784 |
| the American osteopathic board of surgery who is active in the | 50785 |
| practice of trauma surgery and is actively involved with emergency | 50786 |
|
medical services. The | 50787 |
| 50788 | |
|
college of surgeons and | 50789 |
| osteopathic association may recommend persons to the governor to | 50790 |
| be this member. One member shall be a physician certified by the | 50791 |
| American academy of pediatrics or American osteopathic board of | 50792 |
| pediatrics who is active in the practice of pediatric emergency | 50793 |
| medicine and actively involved with an emergency medical service | 50794 |
|
organization. The | 50795 |
| 50796 | |
| academy of pediatrics may recommend persons to the governor to be | 50797 |
| this member. One member shall be the administrator of an adult or | 50798 |
|
pediatric trauma center. The | 50799 |
| 50800 | |
|
hospitals and health systems, | 50801 |
|
osteopathic association, | 50802 |
|
association of Ohio children's hospitals, and
| 50803 |
| 50804 | |
| governor to be this member. One member shall be the administrator | 50805 |
|
of a hospital that is not a trauma center. The | 50806 |
| 50807 | |
|
association for hospitals and health systems, | 50808 |
| 50809 | |
| 50810 | |
| 50811 | |
| persons to the governor to be this member. One member shall be a | 50812 |
| registered nurse who is in the active practice of emergency | 50813 |
|
nursing. The | 50814 |
| 50815 | |
| 50816 | |
| association may recommend persons to the governor to be this | 50817 |
| member. One member shall be the chief of a fire department that is | 50818 |
| also an emergency medical service organization in which more than | 50819 |
| fifty per cent of the persons who provide emergency medical | 50820 |
|
services are full-time paid employees. The | 50821 |
| 50822 | |
| chiefs' association may recommend persons to the governor to be | 50823 |
| this member. One member shall be the chief of a fire department | 50824 |
| that is also an emergency medical service organization in which | 50825 |
| more than fifty per cent of the persons who provide emergency | 50826 |
|
medical services are volunteers. The | 50827 |
| 50828 | |
| association may recommend persons to the governor to be this | 50829 |
| member. One member shall be a person who is certified to teach | 50830 |
| under section 4765.23 of the Revised Code or, if the board has not | 50831 |
| yet certified persons to teach under that section, a person who is | 50832 |
| qualified to be certified to teach under that section. The | 50833 |
| 50834 | |
| 50835 | |
| association and the Ohio instructor/coordinators' society may | 50836 |
| recommend persons to the governor to be this member. One member | 50837 |
|
shall be an EMT-basic | 50838 |
| 50839 | |
| 50840 | |
| 50841 | |
| 50842 | |
| 50843 | |
| 50844 | |
| 50845 | |
| 50846 | |
|
firefighter's association | 50847 |
| 50848 | |
| 50849 | |
| medical services may recommend persons to the governor to be this | 50850 |
|
member. | 50851 |
| 50852 | |
|
emergency medical services organization. | 50853 |
| 50854 | |
| 50855 | |
| 50856 | |
| American board of surgery, American board of osteopathic surgery, | 50857 |
| American osteopathic board of emergency medicine, or American | 50858 |
| board of emergency medicine who is the chief medical officer of an | 50859 |
| air medical agency and is currently active in providing emergency | 50860 |
|
medical services. | 50861 |
| 50862 | |
| medical services may recommend persons to the governor to be this | 50863 |
| member. One member shall be a consumer of emergency medical | 50864 |
| services who is not associated with any public or private | 50865 |
| emergency medical service organization. One member shall be a | 50866 |
| representative of the commercial medical transportation industry. | 50867 |
| The Ohio ambulance association may recommend persons to the | 50868 |
| governor to be this member. One member shall be the owner or | 50869 |
| operator of a private emergency medical service organization. Two | 50870 |
| members shall be members of the Ohio association of critical care | 50871 |
| transport, one member representing air-based services and the | 50872 |
| other representing a ground-based mobile intensive care unit | 50873 |
| organization. One member shall be the owner or operator of a | 50874 |
| nonemergency medical service organization that provides ambulette | 50875 |
| services only. | 50876 |
| The governor, in the governor's discretion, may refuse to | 50877 |
|
appoint any of the persons
| 50878 |
| organizations under division (A)(2) of this section, except the | 50879 |
| employee of the department of public safety designated by the | 50880 |
| director of public safety under this section to be a member of the | 50881 |
|
board. | 50882 |
| 50883 | |
| 50884 | |
| 50885 |
| The director of public safety shall designate an employee of | 50886 |
| the department of public safety to serve as a member of the board | 50887 |
| at the director's pleasure. This member shall serve as a liaison | 50888 |
| between the department and the division of emergency medical | 50889 |
| services in cooperation with the executive director of the board. | 50890 |
| | 50891 |
| 50892 | |
| 50893 | |
| 50894 | |
| 50895 | |
| 50896 | |
| 50897 | |
| 50898 | |
| 50899 | |
| 50900 |
| (B) Terms of office of all members appointed by the governor | 50901 |
| shall be for three years, each term ending on the same day of the | 50902 |
| same month as did the term it succeeds. Each member shall hold | 50903 |
| office from the date of appointment until the end of the term for | 50904 |
| which the member was appointed. A member shall continue in office | 50905 |
| subsequent to the expiration date of the member's term until the | 50906 |
| member's successor takes office, or until a period of sixty days | 50907 |
| has elapsed, whichever occurs first. | 50908 |
| Each vacancy shall be filled in the same manner as the | 50909 |
| original appointment. A member appointed to fill a vacancy | 50910 |
| occurring prior to the expiration of the term for which the | 50911 |
| member's predecessor was appointed shall hold office for the | 50912 |
| remainder of the unexpired term. | 50913 |
| The term of a member shall expire if the member ceases to | 50914 |
| meet any of the requirements to be appointed as that member. The | 50915 |
| governor may remove any member from office for neglect of duty, | 50916 |
| malfeasance, misfeasance, or nonfeasance, after an adjudication | 50917 |
| hearing held in accordance with Chapter 119. of the Revised Code. | 50918 |
| (C) The members of the board shall serve without compensation | 50919 |
| but shall be reimbursed for their actual and necessary expenses | 50920 |
| incurred in carrying out their duties as board members. | 50921 |
| (D) The board shall organize by annually selecting a chair | 50922 |
| and vice-chair from among its members. The board may adopt bylaws | 50923 |
| to regulate its affairs. A majority of all members of the board | 50924 |
| shall constitute a quorum. No action shall be taken without the | 50925 |
| concurrence of a majority of all members of the board. The board | 50926 |
| shall meet at least four times annually and at the call of the | 50927 |
| chair. The chair shall call a meeting on the request of the | 50928 |
| executive director or the medical director of the board or on the | 50929 |
| written request of five members. The board shall maintain written | 50930 |
| or electronic records of its meetings. | 50931 |
| (E) Upon twenty-four hours' notice from a member of the | 50932 |
| board, the member's employer shall release the member from the | 50933 |
| member's employment duties to attend meetings of the full board. | 50934 |
|
Nothing in this | 50935 |
| member of the board to compensate the member for time the member | 50936 |
| is released from employment duties under this paragraph, but any | 50937 |
| civil immunity, workers' compensation, disability, or similar | 50938 |
| coverage that applies to a member of the board as a result of the | 50939 |
| member's employment shall continue to apply while the member is | 50940 |
| released from employment duties under this paragraph. | 50941 |
| Sec. 4765.03. (A) The director of public safety shall | 50942 |
| appoint a full-time executive director for the state board of | 50943 |
| emergency medical and transportation services. The executive | 50944 |
| director shall be knowledgeable in emergency medical services and | 50945 |
| trauma care and shall serve at the pleasure of the director of | 50946 |
| public safety. The director of public safety shall appoint the | 50947 |
| executive director from among three persons nominated by the | 50948 |
| board. The director of public safety may refuse, for cause, to | 50949 |
| appoint any of the board's nominees. If the director fails to | 50950 |
| appoint any of the board's nominees, the board shall continue to | 50951 |
| nominate groups of three persons until the director does appoint | 50952 |
| one of the board's nominees. The executive director shall serve as | 50953 |
| the chief executive officer of the board and as the executive | 50954 |
| director of the division of emergency medical services. The | 50955 |
| executive director shall attend each meeting of the board, except | 50956 |
| the board may exclude the executive director from discussions | 50957 |
| concerning the employment or performance of the executive director | 50958 |
| or medical director of the board. The executive director shall | 50959 |
| give a surety bond to the state in such sum as the board | 50960 |
| determines, conditioned on the faithful performance of the duties | 50961 |
| of the executive director's office. The executive director shall | 50962 |
| receive a salary from the board and shall be reimbursed for actual | 50963 |
| and necessary expenses incurred in carrying out duties as | 50964 |
| executive director. | 50965 |
| The executive director shall submit a report to the director | 50966 |
| of public safety at least every three months regarding the status | 50967 |
| of emergency medical services in this state. The executive | 50968 |
| director shall meet with the director of public safety at the | 50969 |
| director's request. | 50970 |
| (B) The board shall appoint a medical director, who shall | 50971 |
| serve at the pleasure of the board. The medical director shall be | 50972 |
| a physician certified by the American board of emergency medicine | 50973 |
| or the American osteopathic board of emergency medicine who is | 50974 |
| active in the practice of emergency medicine and has been actively | 50975 |
| involved with an emergency medical service organization for at | 50976 |
| least five years prior to being appointed. The board shall | 50977 |
| consider any recommendations for this appointment from the Ohio | 50978 |
| chapter of the American college of emergency physicians, the Ohio | 50979 |
| chapter of the American college of surgeons, the Ohio chapter of | 50980 |
| the American academy of pediatrics, the Ohio osteopathic | 50981 |
| association, and the Ohio state medical association. | 50982 |
| The medical director shall direct the executive director and | 50983 |
| advise the board with regard to adult and pediatric trauma and | 50984 |
| emergency medical services issues. The medical director shall | 50985 |
| attend each meeting of the board, except the board may exclude the | 50986 |
| medical director from discussions concerning the appointment or | 50987 |
| performance of the medical director or executive director of the | 50988 |
| board. The medical director shall be employed and paid by the | 50989 |
| board and shall be reimbursed for actual and necessary expenses | 50990 |
| incurred in carrying out duties as medical director. | 50991 |
| (C) The board may appoint employees as it determines | 50992 |
| necessary. The board shall prescribe the duties and titles of its | 50993 |
| employees. | 50994 |
| Sec. 4765.04. (A) The firefighter and fire safety inspector | 50995 |
| training committee of the state board of emergency medical and | 50996 |
| transportation services is hereby created and shall consist of the | 50997 |
| members of the board who are chiefs of fire departments, and the | 50998 |
| members of the board who are emergency medical technicians-basic, | 50999 |
| emergency medical technicians-intermediate, and emergency medical | 51000 |
| technicians-paramedic appointed from among persons nominated by | 51001 |
| the Ohio association of professional fire fighters or the northern | 51002 |
| Ohio fire fighters and from among persons nominated by the Ohio | 51003 |
| state firefighter's association. Each member of the committee, | 51004 |
| except the chairperson, may designate a person with fire | 51005 |
| experience to serve in that member's place. The members of the | 51006 |
| committee or their designees shall select a chairperson from among | 51007 |
| the members or their designees. | 51008 |
| The committee may conduct investigations in the course of | 51009 |
| discharging its duties under this chapter. In the course of an | 51010 |
| investigation, the committee may issue subpoenas. If a person | 51011 |
| subpoenaed fails to comply with the subpoena, the committee may | 51012 |
| authorize its chairperson to apply to the court of common pleas in | 51013 |
| the county where the person to be subpoenaed resides for an order | 51014 |
| compelling compliance in the same manner as compliance with a | 51015 |
| subpoena issued by the court is compelled. | 51016 |
| (B) The trauma committee of the state board of emergency | 51017 |
| medical and transportation services is hereby created and shall | 51018 |
| consist of the following members appointed by the director of | 51019 |
| public safety: | 51020 |
| (1) A physician who is certified by the American board of | 51021 |
| surgery or American osteopathic board of surgery and actively | 51022 |
| practices general trauma surgery, appointed from among three | 51023 |
| persons nominated by the Ohio chapter of the American college of | 51024 |
| surgeons, three persons nominated by the Ohio state medical | 51025 |
| association, and three persons nominated by the Ohio osteopathic | 51026 |
| association; | 51027 |
| (2) A physician who is certified by the American board of | 51028 |
| surgery or the American osteopathic board of surgery and actively | 51029 |
| practices orthopedic trauma surgery, appointed from among three | 51030 |
| persons nominated by the Ohio orthopedic society and three persons | 51031 |
| nominated by the Ohio osteopathic association; | 51032 |
| (3) A physician who is certified by the American board of | 51033 |
| neurological surgeons or the American osteopathic board of surgery | 51034 |
| and actively practices neurosurgery on trauma victims, appointed | 51035 |
| from among three persons nominated by the Ohio state neurological | 51036 |
| society and three persons nominated by the Ohio osteopathic | 51037 |
| association; | 51038 |
| (4) A physician who is certified by the American board of | 51039 |
| surgeons or American osteopathic board of surgeons and actively | 51040 |
| specializes in treating burn victims, appointed from among three | 51041 |
| persons nominated by the Ohio chapter of the American college of | 51042 |
| surgeons and three persons nominated by the Ohio osteopathic | 51043 |
| association; | 51044 |
| (5) A dentist who is certified by the American board of oral | 51045 |
| and maxillofacial surgery and actively practices oral and | 51046 |
| maxillofacial surgery, appointed from among three persons | 51047 |
| nominated by the Ohio dental association; | 51048 |
| (6) A physician who is certified by the American board of | 51049 |
| physical medicine and rehabilitation or American osteopathic board | 51050 |
| of rehabilitation medicine and actively provides rehabilitative | 51051 |
| care to trauma victims, appointed from among three persons | 51052 |
| nominated by the Ohio society of physical medicine and | 51053 |
| rehabilitation and three persons nominated by the Ohio osteopathic | 51054 |
| association; | 51055 |
| (7) A physician who is certified by the American board of | 51056 |
| surgery or American osteopathic board of surgery with special | 51057 |
| qualifications in pediatric surgery and actively practices | 51058 |
| pediatric trauma surgery, appointed from among three persons | 51059 |
| nominated by the Ohio chapter of the American academy of | 51060 |
| pediatrics and three persons nominated by the Ohio osteopathic | 51061 |
| association; | 51062 |
| (8) A physician who is certified by the American board of | 51063 |
| emergency medicine or American osteopathic board of emergency | 51064 |
| medicine, actively practices emergency medicine, and is actively | 51065 |
| involved in emergency medical services, appointed from among three | 51066 |
| persons nominated by the Ohio chapter of the American college of | 51067 |
| emergency physicians and three persons nominated by the Ohio | 51068 |
| osteopathic association; | 51069 |
| (9) A physician who is certified by the American board of | 51070 |
| pediatrics, American osteopathic board of pediatrics, or American | 51071 |
| board of emergency medicine, is sub-boarded in pediatric emergency | 51072 |
| medicine, actively practices pediatric emergency medicine, and is | 51073 |
| actively involved in emergency medical services, appointed from | 51074 |
| among three persons nominated by the Ohio chapter of the American | 51075 |
| academy of pediatrics, three persons nominated by the Ohio chapter | 51076 |
| of the American college of emergency physicians, and three persons | 51077 |
| nominated by the Ohio osteopathic association; | 51078 |
| (10) A physician who is certified by the American board of | 51079 |
| surgery, American osteopathic board of surgery, or American board | 51080 |
| of emergency medicine and is the chief medical officer of an air | 51081 |
| medical organization, appointed from among three persons nominated | 51082 |
| by the Ohio association of air medical services; | 51083 |
| (11) A coroner or medical examiner appointed from among three | 51084 |
| people nominated by the Ohio state coroners' association; | 51085 |
| (12) A registered nurse who actively practices trauma nursing | 51086 |
| at an adult or pediatric trauma center, appointed from among three | 51087 |
| persons nominated by the Ohio association of trauma nurse | 51088 |
| coordinators; | 51089 |
| (13) A registered nurse who actively practices emergency | 51090 |
| nursing and is actively involved in emergency medical services, | 51091 |
| appointed from among three persons nominated by the Ohio chapter | 51092 |
| of the emergency nurses' association; | 51093 |
| (14) The chief trauma registrar of an adult or pediatric | 51094 |
| trauma center, appointed from among three persons nominated by the | 51095 |
| alliance of Ohio trauma registrars; | 51096 |
| (15) The administrator of an adult or pediatric trauma | 51097 |
| center, appointed from among three persons nominated by OHA: the | 51098 |
| association for hospitals and health systems, three persons | 51099 |
| nominated by the Ohio osteopathic association, three persons | 51100 |
| nominated by the association of Ohio children's hospitals, and | 51101 |
| three persons nominated by the health forum of Ohio; | 51102 |
| (16) The administrator of a hospital that is not a trauma | 51103 |
| center and actively provides emergency care to adult or pediatric | 51104 |
| trauma patients, appointed from among three persons nominated by | 51105 |
| OHA: the association for hospitals and health systems, three | 51106 |
| persons nominated by the Ohio osteopathic association, three | 51107 |
| persons nominated by the association of Ohio children's hospitals, | 51108 |
| and three persons nominated by the health forum of Ohio; | 51109 |
| (17) The operator of an ambulance company that actively | 51110 |
| provides trauma care to emergency patients, appointed from among | 51111 |
| three persons nominated by the Ohio ambulance association; | 51112 |
| (18) The chief of a fire department that actively provides | 51113 |
| trauma care to emergency patients, appointed from among three | 51114 |
| persons nominated by the Ohio fire chiefs' association; | 51115 |
| (19) An EMT or paramedic who is certified under this chapter | 51116 |
| and actively provides trauma care to emergency patients, appointed | 51117 |
| from among three persons nominated by the Ohio association of | 51118 |
| professional firefighters, three persons nominated by the northern | 51119 |
| Ohio fire fighters, three persons nominated by the Ohio state | 51120 |
| firefighters' association, and three persons nominated by the Ohio | 51121 |
| association of emergency medical services; | 51122 |
| (20) A person who actively advocates for trauma victims, | 51123 |
| appointed from three persons nominated by the Ohio brain injury | 51124 |
| association and three persons nominated by the governor's council | 51125 |
| on people with disabilities; | 51126 |
| (21) A physician or nurse who has substantial administrative | 51127 |
| responsibility for trauma care provided in or by an adult or | 51128 |
| pediatric trauma center, appointed from among three persons | 51129 |
| nominated by OHA: the association for hospitals and health | 51130 |
| systems, three persons nominated by the Ohio osteopathic | 51131 |
| association, three persons nominated by the association of Ohio | 51132 |
| children's hospitals, and three persons nominated by the health | 51133 |
| forum of Ohio; | 51134 |
| (22) Three representatives of hospitals that are not trauma | 51135 |
| centers and actively provide emergency care to trauma patients, | 51136 |
| appointed from among three persons nominated by OHA: the | 51137 |
| association for hospitals and health systems, three persons | 51138 |
| nominated by the Ohio osteopathic association, three persons | 51139 |
| nominated by the association of Ohio children's hospitals, and | 51140 |
| three persons nominated by the health forum of Ohio. The | 51141 |
| representatives may be hospital administrators, physicians, | 51142 |
| nurses, or other clinical professionals. | 51143 |
| Members of the committee shall have substantial experience in | 51144 |
| the categories they represent, shall be residents of this state, | 51145 |
| and may be members of the state board of emergency medical and | 51146 |
| transportation services. In appointing members of the committee, | 51147 |
| the director shall attempt to include members representing urban | 51148 |
| and rural areas, various geographical areas of the state, and | 51149 |
| various schools of training. The director shall not appoint to the | 51150 |
| committee more than one member who is employed by or practices at | 51151 |
| the same hospital, health system, or emergency medical service | 51152 |
| organization. | 51153 |
| The director may refuse to appoint any of the persons | 51154 |
| nominated by an organization or organizations under this division. | 51155 |
| In that event, the organization or organizations shall continue to | 51156 |
| nominate the required number of persons until the director | 51157 |
| appoints to the committee one or more of the persons nominated by | 51158 |
| the organization or organizations. | 51159 |
| Initial appointments to the committee shall be made by the | 51160 |
| director not later than ninety days after November 3, 2000. | 51161 |
| Members of the committee shall serve at the pleasure of the | 51162 |
| director, except that any member of the committee who ceases to be | 51163 |
| qualified for the position to which the member was appointed shall | 51164 |
| cease to be a member of the committee. Vacancies on the committee | 51165 |
| shall be filled in the same manner as original appointments. | 51166 |
| The members of the committee shall serve without compensation | 51167 |
| but shall be reimbursed for actual and necessary expenses incurred | 51168 |
| in carrying out duties as members of the committee. | 51169 |
| The committee shall select a chairperson and vice-chairperson | 51170 |
| from among its members. A majority of all members of the committee | 51171 |
| shall constitute a quorum. No action shall be taken without the | 51172 |
| concurrence of a majority of all members of the committee. The | 51173 |
| committee shall meet at the call of the chair, upon written | 51174 |
| request of five members of the committee, and at the direction of | 51175 |
| the state board of emergency medical and transportation services. | 51176 |
| The committee shall not meet at times or locations that conflict | 51177 |
| with meetings of the board. The executive director and medical | 51178 |
| director of the state board of emergency medical and | 51179 |
| transportation services may participate in any meeting of the | 51180 |
| committee and shall do so at the request of the committee. | 51181 |
| The committee shall advise and assist the state board of | 51182 |
| emergency medical and transportation services in matters related | 51183 |
| to adult and pediatric trauma care and the establishment and | 51184 |
| operation of the state trauma registry. In matters relating to the | 51185 |
| state trauma registry, the board and the committee shall consult | 51186 |
| with trauma registrars from adult and pediatric trauma centers in | 51187 |
| the state. The committee may appoint a subcommittee to advise and | 51188 |
| assist with the trauma registry. The subcommittee may include | 51189 |
| persons with expertise relevant to the trauma registry who are not | 51190 |
| members of the board or committee. | 51191 |
| (C) The state board of emergency medical and transportation | 51192 |
| services may appoint other committees and subcommittees as it | 51193 |
| considers necessary. | 51194 |
| (D) The state board of emergency medical and transportation | 51195 |
| services, and any of its committees or subcommittees, may request | 51196 |
| assistance from any state agency. The board and its committees and | 51197 |
| subcommittees may permit persons who are not members of those | 51198 |
| bodies to participate in deliberations of those bodies, but no | 51199 |
| person who is not a member of the board shall vote on the board | 51200 |
| and no person who is not a member of a committee created under | 51201 |
| division (A) or (B) of this section shall vote on that committee. | 51202 |
| (E) Sections 101.82 to 101.87 of the Revised Code do not | 51203 |
| apply to the committees established under division (A) or (B) of | 51204 |
| this section. | 51205 |
| Sec. 4765.05. (A) As used in this section, "prehospital | 51206 |
| emergency medical services" means an emergency medical services | 51207 |
| system that provides medical services to patients who require | 51208 |
| immediate assistance, because of illness or injury, prior to their | 51209 |
| arrival at an emergency medical facility. | 51210 |
| (B) The state board of emergency medical and transportation | 51211 |
| services shall divide the state geographically into prehospital | 51212 |
| emergency medical services regions for purposes of overseeing the | 51213 |
| delivery of adult and pediatric prehospital emergency medical | 51214 |
| services. For each prehospital emergency medical services region, | 51215 |
| the state board of emergency medical and transportation services | 51216 |
| shall appoint either a physician to serve as the regional director | 51217 |
| or a physician advisory board to serve as the regional advisory | 51218 |
| board. The state board of emergency medical and transportation | 51219 |
| services shall specify the duties of each regional director and | 51220 |
| regional advisory board. Regional directors and members of | 51221 |
| regional advisory boards shall serve without compensation, but | 51222 |
| shall be reimbursed for actual and necessary expenses incurred in | 51223 |
| carrying out duties as regional directors and members of regional | 51224 |
| advisory boards. | 51225 |
| (C) Nothing in this section shall be construed to limit in | 51226 |
| any way the ability of a hospital to determine the market area of | 51227 |
| that hospital. | 51228 |
| Sec. 4765.06. (A) The state board of emergency medical and | 51229 |
| transportation services shall establish an emergency medical | 51230 |
| services incidence reporting system for the collection of | 51231 |
| information regarding the delivery of emergency medical services | 51232 |
| in this state and the frequency at which the services are | 51233 |
| provided. All emergency medical service organizations shall submit | 51234 |
| to the board any information that the board determines is | 51235 |
| necessary for maintaining the incidence reporting system. | 51236 |
| (B) The board shall establish a state trauma registry to be | 51237 |
| used for the collection of information regarding the care of adult | 51238 |
| and pediatric trauma victims in this state. The registry shall | 51239 |
| provide for the reporting of adult and pediatric trauma-related | 51240 |
| deaths, identification of adult and pediatric trauma patients, | 51241 |
| monitoring of adult and pediatric trauma patient care data, | 51242 |
| determination of the total amount of uncompensated adult and | 51243 |
| pediatric trauma care provided annually by each facility that | 51244 |
| provides care to trauma victims, and collection of any other | 51245 |
| information specified by the board. All persons designated by the | 51246 |
| board shall submit to the board any information it determines is | 51247 |
| necessary for maintaining the state trauma registry. At the | 51248 |
| request of the board any state agency possessing information | 51249 |
| regarding adult or pediatric trauma care shall provide the | 51250 |
| information to the board. The board shall maintain the state | 51251 |
| trauma registry in accordance with rules adopted under section | 51252 |
| 4765.11 of the Revised Code. | 51253 |
| Rules relating to the state trauma registry adopted under | 51254 |
| this section and section 4765.11 of the Revised Code shall not | 51255 |
| prohibit the operation of other trauma registries and may provide | 51256 |
| for the reporting of information to the state trauma registry by | 51257 |
| or through other trauma registries in a manner consistent with | 51258 |
| information otherwise reported to the state trauma registry. Other | 51259 |
| trauma registries may report aggregate information to the state | 51260 |
| trauma registry, provided the information can be matched to the | 51261 |
| person that reported it. Information maintained by another trauma | 51262 |
| registry and reported to the state trauma registry in lieu of | 51263 |
| being reported directly to the state trauma registry is a public | 51264 |
| record and shall be maintained, made available to the public, held | 51265 |
| in confidence, risk adjusted, and not subject to discovery or | 51266 |
| introduction into evidence in a civil action as provided in | 51267 |
| section 149.43 of the Revised Code and this section. Any person | 51268 |
| who provides, maintains, or risk adjusts such information shall | 51269 |
| comply with this section and rules adopted under it in performing | 51270 |
| that function and has the same immunities with respect to that | 51271 |
| function as a person who performs that function with respect to | 51272 |
| the state trauma registry. | 51273 |
| (C) The board and any employee or contractor of the board or | 51274 |
| the department of public safety shall not make public information | 51275 |
| it receives under Chapter 4765. of the Revised Code that | 51276 |
| identifies or would tend to identify a specific recipient of | 51277 |
| emergency medical services or adult or pediatric trauma care. | 51278 |
| (D) Not later than two years after | 51279 |
| 51280 | |
| rules under section 4765.11 of the Revised Code that provide | 51281 |
| written standards and procedures for risk adjustment of | 51282 |
| information received by the board under Chapter 4765. of the | 51283 |
| Revised Code. The rules shall be developed in consultation with | 51284 |
| appropriate medical, hospital, and emergency medical service | 51285 |
| organizations and may provide for risk adjustment by a contractor | 51286 |
| of the board. Before risk adjustment standards and procedures are | 51287 |
| implemented, no member of the board and no employee or contractor | 51288 |
| of the board or the department of public safety shall make public | 51289 |
| information received by the board under Chapter 4765. of the | 51290 |
| Revised Code that identifies or would tend to identify a specific | 51291 |
| provider of emergency medical services or adult or pediatric | 51292 |
| trauma care. After risk adjustment standards and procedures are | 51293 |
| implemented, the board shall make public such information only on | 51294 |
| a risk adjusted basis. | 51295 |
| (E) The board shall adopt rules under section 4765.11 of the | 51296 |
| Revised Code that specify procedures for ensuring the | 51297 |
| confidentiality of information that is not to be made public under | 51298 |
| this section. The rules shall specify the circumstances in which | 51299 |
| deliberations of the persons performing risk adjustment functions | 51300 |
| under this section are not open to the public and records of those | 51301 |
| deliberations are maintained in confidence. Nothing in this | 51302 |
| section prohibits the board from making public statistical | 51303 |
| information that does not identify or tend to identify a specific | 51304 |
| recipient or provider of emergency medical services or adult or | 51305 |
| pediatric trauma care. | 51306 |
| (F) No provider that furnishes information to the board with | 51307 |
| respect to any patient the provider examined or treated shall, | 51308 |
| because of this furnishing, be deemed liable in damages to any | 51309 |
| person or be held to answer for betrayal of a professional | 51310 |
| confidence in the absence of willful or wanton misconduct. No such | 51311 |
| information shall be subject to introduction in evidence in any | 51312 |
| civil action against the provider. No provider that furnishes | 51313 |
| information to the board shall be liable for the misuse or | 51314 |
| improper release of the information by the board or any other | 51315 |
| person. | 51316 |
| No person who performs risk adjustment functions under this | 51317 |
| section shall, because of performing such functions, be held | 51318 |
| liable in a civil action for betrayal of professional confidence | 51319 |
| or otherwise in the absence of willful or wanton misconduct. | 51320 |
| Sec. 4765.07. (A) The state board of emergency medical and | 51321 |
| transportation services shall adopt rules under section 4765.11 of | 51322 |
| the Revised Code to establish and administer a grant program under | 51323 |
| which grants are distributed according to the following | 51324 |
| priorities: | 51325 |
| (1) First priority shall be given to emergency medical | 51326 |
| service organizations for the training of personnel, for the | 51327 |
| purchase of equipment and vehicles, and to improve the | 51328 |
| availability, accessibility, and quality of emergency medical | 51329 |
| services in this state. In this category, the board shall give | 51330 |
| priority to grants that fund training and equipping of emergency | 51331 |
| medical service personnel. | 51332 |
| (2) Second priority shall be given to entities that research, | 51333 |
| test, and evaluate medical procedures and systems related to adult | 51334 |
| and pediatric trauma care. | 51335 |
| (3) Third priority shall be given to entities that research | 51336 |
| the causes, nature, and effects of traumatic injuries, educate the | 51337 |
| public about injury prevention, and implement, test, and evaluate | 51338 |
| injury prevention strategies. | 51339 |
| (4) Fourth priority shall be given to entities that research, | 51340 |
| test, and evaluate procedures that promote the rehabilitation, | 51341 |
| retraining, and reemployment of adult or pediatric trauma victims | 51342 |
| and social service support mechanisms for adult or pediatric | 51343 |
| trauma victims and their families. | 51344 |
| (5) Fifth priority shall be given to entities that conduct | 51345 |
| research on, test, or evaluate one or more of the following: | 51346 |
| (a) Procedures governing the performance of emergency medical | 51347 |
| services in this state; | 51348 |
| (b) The training of emergency medical service personnel; | 51349 |
| (c) The staffing of emergency medical service organizations. | 51350 |
| (6) For grants distributed for the grant award years | 51351 |
| occurring not later than the award year ending June 30, 2017, | 51352 |
| sixth priority shall be given to entities that operate paramedic | 51353 |
| training programs and are seeking national accreditation of the | 51354 |
| programs. | 51355 |
| (B) To be eligible for a grant distributed pursuant to | 51356 |
| division (A)(6) of this section, an applicant for the grant shall | 51357 |
| meet all of the following conditions: | 51358 |
| (1) Hold a certificate of accreditation issued by the board | 51359 |
| under section 4765.17 of the Revised Code to operate a paramedic | 51360 |
| training program; | 51361 |
| (2) Be seeking initial national accreditation of the program | 51362 |
| from an accrediting organization approved by the board; | 51363 |
| (3) Apply for the national accreditation on or after February | 51364 |
| 25, 2010. | 51365 |
| (C) The grant program shall be funded from the trauma and | 51366 |
|
emergency medical services | 51367 |
| of the Revised Code. | 51368 |
| Sec. 4765.08. The state board of emergency medical and | 51369 |
| transportation services shall prepare a statewide emergency | 51370 |
| medical services plan and shall revise the plan as necessary. | 51371 |
| The board shall prepare a plan for the statewide regulation | 51372 |
| of emergency medical services during periods of disaster. The plan | 51373 |
| shall be consistent with the statewide emergency medical services | 51374 |
| plan required under this section and with the statewide emergency | 51375 |
| operations plan required under section 5502.22 of the Revised | 51376 |
| Code. The board shall submit the plan to the emergency management | 51377 |
| agency created under section 5502.22 of the Revised Code. The | 51378 |
| board shall cooperate with the agency in any other manner the | 51379 |
| agency considers necessary to develop and implement the statewide | 51380 |
| emergency operations plan. | 51381 |
| Sec. 4765.09. The state board of emergency medical and | 51382 |
| transportation services shall prepare recommendations for the | 51383 |
| operation of ambulance service organizations, air medical | 51384 |
| organizations, and emergency medical service organizations. Within | 51385 |
| thirty days following the preparation or modification of | 51386 |
| recommendations, the board shall notify the board of county | 51387 |
| commissioners of any county, the board of township trustees of any | 51388 |
| township, the board of trustees of any joint ambulance district, | 51389 |
| or the board of trustees of any joint emergency medical services | 51390 |
| district in which there exist ambulance service organizations, air | 51391 |
| medical organizations, or emergency medical service organizations | 51392 |
| of any board recommendations for the operation of such | 51393 |
| organizations. The recommendations shall include, but not be | 51394 |
| limited to: | 51395 |
| (A) The definition and classification of ambulances and | 51396 |
| medical aircraft; | 51397 |
| (B) The design, equipment, and supplies for ambulances and | 51398 |
| medical aircraft, including special equipment, supplies, training, | 51399 |
| and staffing required to assist pediatric and geriatric emergency | 51400 |
| victims; | 51401 |
| (C) The minimum number and type of personnel for the | 51402 |
| operation of ambulances and medical aircraft; | 51403 |
| (D) The communication systems necessary for the operation of | 51404 |
| ambulances and medical aircraft; | 51405 |
| (E) Reports to be made by persons holding certificates of | 51406 |
| accreditation or approval issued under section 4765.17 of the | 51407 |
| Revised Code and certificates to practice issued under section | 51408 |
| 4765.30 of the Revised Code to ascertain compliance with this | 51409 |
| chapter and the rules and recommendations adopted thereunder and | 51410 |
| to ascertain the quantity and quality of ambulance service | 51411 |
| organizations, air medical organizations, and emergency medical | 51412 |
| service organizations throughout the state. | 51413 |
| Sec. 4765.10. (A) The state board of emergency medical and | 51414 |
| transportation services shall do all of the following: | 51415 |
| (1) Administer and enforce the provisions of this chapter and | 51416 |
| the rules adopted under it; | 51417 |
| (2) Approve, in accordance with procedures established in | 51418 |
| rules adopted under section 4765.11 of the Revised Code, | 51419 |
| examinations that demonstrate competence to have a certificate to | 51420 |
| practice renewed without completing a continuing education | 51421 |
| program; | 51422 |
| (3) Advise applicants for state or federal emergency medical | 51423 |
| services funds, review and comment on applications for these | 51424 |
| funds, and approve the use of all state and federal funds | 51425 |
| designated solely for emergency medical service programs unless | 51426 |
| federal law requires another state agency to approve the use of | 51427 |
| all such federal funds; | 51428 |
| (4) Serve as a statewide clearinghouse for discussion, | 51429 |
| inquiry, and complaints concerning emergency medical services; | 51430 |
| (5) Make recommendations to the general assembly on | 51431 |
| legislation to improve the delivery of emergency medical services; | 51432 |
| (6) Maintain a toll-free long distance telephone number | 51433 |
| through which it shall respond to questions about emergency | 51434 |
| medical services; | 51435 |
| (7) Work with appropriate state offices in coordinating the | 51436 |
| training of firefighters and emergency medical service personnel. | 51437 |
| Other state offices that are involved in the training of | 51438 |
| firefighters or emergency medical service personnel shall | 51439 |
| cooperate with the board and its committees and subcommittees to | 51440 |
| achieve this goal. | 51441 |
| (8) Provide a liaison to the state emergency operation center | 51442 |
| during those periods when a disaster, as defined in section | 51443 |
| 5502.21 of the Revised Code, has occurred in this state and the | 51444 |
| governor has declared an emergency as defined in that section. | 51445 |
| (B) The board may do any of the following: | 51446 |
| (1) Investigate complaints concerning emergency medical | 51447 |
| services and emergency medical service organizations as it | 51448 |
| determines necessary; | 51449 |
| (2) Enter into reciprocal agreements with other states that | 51450 |
| have standards for accreditation of emergency medical services | 51451 |
| training programs and for certification of first responders, | 51452 |
| EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety | 51453 |
| inspectors that are substantially similar to those established | 51454 |
| under this chapter and the rules adopted under it; | 51455 |
| (3) Establish a statewide public information system and | 51456 |
| public education programs regarding emergency medical services; | 51457 |
| (4) Establish an injury prevention program. | 51458 |
| Sec. 4765.101. (A) The state board of emergency medical and | 51459 |
| transportation services shall investigate any allegation that a | 51460 |
| person has violated this chapter or a rule adopted under it. | 51461 |
| Any person may submit to the board a written complaint | 51462 |
| regarding an alleged violation of this chapter or a rule adopted | 51463 |
| under it. In the absence of fraud or bad faith, no person | 51464 |
| submitting a complaint to the board or testifying in an | 51465 |
| adjudication hearing conducted in accordance with Chapter 119. of | 51466 |
| the Revised Code with regard to such an alleged violation shall be | 51467 |
| liable to any person in damages in a civil action as a result of | 51468 |
| submitting the complaint or providing testimony. | 51469 |
| (B) In investigating an allegation, the board may do any of | 51470 |
| the following: | 51471 |
| (1) Administer oaths; | 51472 |
| (2) Order the taking of depositions; | 51473 |
| (3) Issue subpoenas; | 51474 |
| (4) Compel the attendance of witnesses and production of | 51475 |
| books, accounts, papers, records, documents, and testimony. | 51476 |
| (C) A subpoena for patient record information shall not be | 51477 |
| issued without consultation with the attorney general's office and | 51478 |
| approval of the executive director of the board. Before issuance | 51479 |
| of a subpoena for patient record information, the executive | 51480 |
| director shall determine whether there is probable cause to | 51481 |
| believe that the complaint filed alleges a violation of this | 51482 |
| chapter or any rule adopted under it and that the records sought | 51483 |
| are relevant to the alleged violation and material to the | 51484 |
| investigation. The subpoena may apply only to records that cover a | 51485 |
| reasonable period of time surrounding the alleged violation. | 51486 |
| (D) On failure to comply with any subpoena issued by the | 51487 |
| board and after reasonable notice to the person being subpoenaed, | 51488 |
| the board may move, pursuant to the Rules of Civil Procedure, for | 51489 |
| an order compelling the production of persons or records. | 51490 |
| (E) A subpoena issued by the board may be served by a | 51491 |
| sheriff, the sheriff's deputy, or an investigator for the division | 51492 |
| of emergency medical services of the department of public safety. | 51493 |
| Service of a subpoena issued by the board may be made by | 51494 |
| delivering a copy of the subpoena to the person named in it, | 51495 |
| reading it to the person, or leaving it at the person's usual | 51496 |
| place of residence. When the person being served is an individual | 51497 |
| authorized by this chapter to practice emergency medical services, | 51498 |
| service of the subpoena may be made by certified mail, restricted | 51499 |
| delivery, return receipt requested, and the subpoena shall be | 51500 |
| deemed served on the date delivery is made or on the date that the | 51501 |
| person refuses to accept delivery. | 51502 |
| Sec. 4765.102. (A) As used in this section, "licensing | 51503 |
| agency" means any entity that has the authority pursuant to Title | 51504 |
| XLVII of the Revised Code to issue a license, and any other agency | 51505 |
| of this or another state, other than the Ohio supreme court, that | 51506 |
| has the authority to issue a license that authorizes an individual | 51507 |
| to engage in an occupation or profession. "Licensing agency" | 51508 |
| includes an administrative officer that has authority to issue a | 51509 |
| license that authorizes an individual to engage in an occupation | 51510 |
| or profession. | 51511 |
| (B) Except as provided in divisions (C) and (D) of this | 51512 |
| section and section 4765.111 of the Revised Code, all information | 51513 |
| the state board of emergency medical and transportation services | 51514 |
| receives pursuant to an investigation, including information | 51515 |
| regarding an alleged violation of this chapter or rules adopted | 51516 |
| under it or a complaint submitted under division (A) of section | 51517 |
| 4765.101 of the Revised Code, is confidential, and is not subject | 51518 |
| to discovery in any civil action, during the course of the | 51519 |
| investigation and any adjudication proceedings that result from | 51520 |
| the investigation. Upon completion of the investigation and any | 51521 |
| resulting adjudication proceedings, the information is a matter of | 51522 |
| public record for purposes of section 149.43 of the Revised Code. | 51523 |
| (C) The board may release information otherwise made | 51524 |
| confidential by division (B) of this section to law enforcement | 51525 |
| officers or licensing agencies of this or another state that are | 51526 |
| prosecuting, adjudicating, or investigating the holder of a | 51527 |
| certificate issued under this chapter or a person who allegedly | 51528 |
| engaged in the unauthorized provision of emergency medical | 51529 |
| services. | 51530 |
| A law enforcement officer or licensing agency with | 51531 |
| information disclosed by the board under this division shall not | 51532 |
| divulge the information other than for the purpose of an | 51533 |
| adjudication by a court or licensing agency to which the subject | 51534 |
| of the adjudication is a party. | 51535 |
| (D) If an investigation conducted under section 4765.101 of | 51536 |
| the Revised Code requires a review of patient records, the | 51537 |
| investigation and proceedings related to it shall be conducted in | 51538 |
| such a manner as to protect patient confidentiality. The board | 51539 |
| shall not make public the name or any other identifying | 51540 |
| information about a patient unless proper consent is given in | 51541 |
| accordance with rules adopted by the board. If the patient is less | 51542 |
| than eighteen years of age, the board shall obtain consent from | 51543 |
| the patient's parent, guardian, or custodian. | 51544 |
| Sec. 4765.11. (A) The state board of emergency medical and | 51545 |
| transportation services shall adopt, and may amend and rescind, | 51546 |
| rules in accordance with Chapter 119. of the Revised Code and | 51547 |
| division (C) of this section that establish all of the following: | 51548 |
| (1) Procedures for its governance and the control of its | 51549 |
| actions and business affairs; | 51550 |
| (2) Standards for the performance of emergency medical | 51551 |
| services by first responders, emergency medical technicians-basic, | 51552 |
| emergency medical technicians-intermediate, and emergency medical | 51553 |
| technicians-paramedic; | 51554 |
| (3) Application fees for certificates of accreditation, | 51555 |
| certificates of approval, certificates to teach, and certificates | 51556 |
| to practice, which shall be deposited into the trauma and | 51557 |
| emergency medical services fund created in section 4513.263 of the | 51558 |
| Revised Code; | 51559 |
| (4) Criteria for determining when the application or renewal | 51560 |
| fee for a certificate to practice may be waived because an | 51561 |
| applicant cannot afford to pay the fee; | 51562 |
| (5) Procedures for issuance and renewal of certificates of | 51563 |
| accreditation, certificates of approval, certificates to teach, | 51564 |
| and certificates to practice, including any procedures necessary | 51565 |
| to ensure that adequate notice of renewal is provided in | 51566 |
| accordance with division (D) of section 4765.30 of the Revised | 51567 |
| Code; | 51568 |
| (6) Procedures for suspending or revoking certificates of | 51569 |
| accreditation, certificates of approval, certificates to teach, | 51570 |
| and certificates to practice; | 51571 |
| (7) Grounds for suspension or revocation of a certificate to | 51572 |
| practice issued under section 4765.30 of the Revised Code and for | 51573 |
| taking any other disciplinary action against a first responder, | 51574 |
| EMT-basic, EMT-I, or paramedic; | 51575 |
| (8) Procedures for taking disciplinary action against a first | 51576 |
| responder, EMT-basic, EMT-I, or paramedic; | 51577 |
| (9) Standards for certificates of accreditation and | 51578 |
| certificates of approval; | 51579 |
| (10) Qualifications for certificates to teach; | 51580 |
| (11) Requirements for a certificate to practice; | 51581 |
| (12) The curricula, number of hours of instruction and | 51582 |
| training, and instructional materials to be used in adult and | 51583 |
| pediatric emergency medical services training programs and adult | 51584 |
| and pediatric emergency medical services continuing education | 51585 |
| programs; | 51586 |
| (13) Procedures for conducting courses in recognizing | 51587 |
| symptoms of life-threatening allergic reactions and in calculating | 51588 |
| proper dosage levels and administering injections of epinephrine | 51589 |
| to adult and pediatric patients who suffer life-threatening | 51590 |
| allergic reactions; | 51591 |
| (14) Examinations for certificates to practice; | 51592 |
| (15) Procedures for administering examinations for | 51593 |
| certificates to practice; | 51594 |
| (16) Procedures for approving examinations that demonstrate | 51595 |
| competence to have a certificate to practice renewed without | 51596 |
| completing an emergency medical services continuing education | 51597 |
| program; | 51598 |
| (17) Procedures for granting extensions and exemptions of | 51599 |
| emergency medical services continuing education requirements; | 51600 |
| (18) Procedures for approving the additional emergency | 51601 |
| medical services first responders are authorized by division (C) | 51602 |
| of section 4765.35 of the Revised Code to perform, EMTs-basic are | 51603 |
| authorized by division (C) of section 4765.37 of the Revised Code | 51604 |
| to perform, EMTs-I are authorized by division (B)(5) of section | 51605 |
| 4765.38 of the Revised Code to perform, and paramedics are | 51606 |
| authorized by division (B)(6) of section 4765.39 of the Revised | 51607 |
| Code to perform; | 51608 |
| (19) Standards and procedures for implementing the | 51609 |
| requirements of section 4765.06 of the Revised Code, including | 51610 |
| designations of the persons who are required to report information | 51611 |
| to the board and the types of information to be reported; | 51612 |
| (20) Procedures for administering the emergency medical | 51613 |
| services grant program established under section 4765.07 of the | 51614 |
| Revised Code; | 51615 |
| (21) Procedures consistent with Chapter 119. of the Revised | 51616 |
| Code for appealing decisions of the board; | 51617 |
| (22) Minimum qualifications and peer review and quality | 51618 |
| improvement requirements for persons who provide medical direction | 51619 |
| to emergency medical service personnel; | 51620 |
| (23) The manner in which a patient, or a patient's parent, | 51621 |
| guardian, or custodian may consent to the board releasing | 51622 |
| identifying information about the patient under division (D) of | 51623 |
| section 4765.102 of the Revised Code; | 51624 |
| (24) Circumstances under which a training program or | 51625 |
| continuing education program, or portion of either type of | 51626 |
| program, may be taught by a person who does not hold a certificate | 51627 |
| to teach issued under section 4765.23 of the Revised Code; | 51628 |
| (25) Certification cycles for certificates issued under | 51629 |
| sections 4765.23 and 4765.30 of the Revised Code and certificates | 51630 |
| issued by the executive director of the state board of emergency | 51631 |
| medical and transportation services under section 4765.55 of the | 51632 |
| Revised Code that establish a common expiration date for all | 51633 |
| certificates. | 51634 |
| (B) The board may adopt, and may amend and rescind, rules in | 51635 |
| accordance with Chapter 119. of the Revised Code and division (C) | 51636 |
| of this section that establish the following: | 51637 |
| (1) Specifications of information that may be collected under | 51638 |
| the trauma system registry and incidence reporting system created | 51639 |
| under section 4765.06 of the Revised Code; | 51640 |
| (2) Standards and procedures for implementing any of the | 51641 |
| recommendations made by any committees of the board or under | 51642 |
| section 4765.04 of the Revised Code; | 51643 |
| (3) Requirements that a person must meet to receive a | 51644 |
| certificate to practice as a first responder pursuant to division | 51645 |
| (A)(2) of section 4765.30 of the Revised Code; | 51646 |
| (4) Any other rules necessary to implement this chapter. | 51647 |
| (C) In developing and administering rules adopted under this | 51648 |
| chapter, the state board of emergency medical and transportation | 51649 |
| services shall consult with regional directors and regional | 51650 |
| physician advisory boards created by section 4765.05 of the | 51651 |
| Revised Code and emphasize the special needs of pediatric and | 51652 |
| geriatric patients. | 51653 |
| (D) Except as otherwise provided in this division, before | 51654 |
| adopting, amending, or rescinding any rule under this chapter, the | 51655 |
| board shall submit the proposed rule to the director of public | 51656 |
| safety for review. The director may review the proposed rule for | 51657 |
| not more than sixty days after the date it is submitted. If, | 51658 |
| within this sixty-day period, the director approves the proposed | 51659 |
| rule or does not notify the board that the rule is disapproved, | 51660 |
| the board may adopt, amend, or rescind the rule as proposed. If, | 51661 |
| within this sixty-day period, the director notifies the board that | 51662 |
| the proposed rule is disapproved, the board shall not adopt, | 51663 |
| amend, or rescind the rule as proposed unless at least twelve | 51664 |
| members of the board vote to adopt, amend, or rescind it. | 51665 |
| This division does not apply to an emergency rule adopted in | 51666 |
| accordance with section 119.03 of the Revised Code. | 51667 |
| Sec. 4765.111. Except as provided in this section or sections | 51668 |
| 4765.112 to 4765.116 of the Revised Code, the state board of | 51669 |
| emergency medical and transportation services shall conduct | 51670 |
| disciplinary proceedings regarding the holder of a certificate | 51671 |
| issued under this chapter in accordance with rules adopted by the | 51672 |
| board under section 4765.11 of the Revised Code. | 51673 |
| The board and a holder of a certificate are the parties to a | 51674 |
| hearing conducted under this chapter. Either party may submit a | 51675 |
| written request to the other party for a list of witnesses and | 51676 |
| copies of documents intended to be introduced at the hearing. The | 51677 |
| request shall be in writing and shall be served not less than | 51678 |
| thirty-seven days prior to the commencement of the hearing, unless | 51679 |
| the hearing officer or presiding board member grants an extension | 51680 |
| of time to make the request. Not later than thirty days before the | 51681 |
| hearing, the responding party shall provide the requested list of | 51682 |
| witnesses and copies of documents to the requesting party, unless | 51683 |
| the hearing officer or presiding board member grants an extension | 51684 |
| of time to provide the list and copies. | 51685 |
| Failure to timely provide a list or copies requested in | 51686 |
| accordance with this section shall result in exclusion from the | 51687 |
| hearing of the witnesses, testimony, or documents. | 51688 |
| Sec. 4765.112. (A) The state board of emergency medical and | 51689 |
| transportation services, by an affirmative vote of the majority of | 51690 |
| its members, may suspend without a prior hearing a certificate to | 51691 |
| practice issued under this chapter if the board determines that | 51692 |
| there is clear and convincing evidence that continued practice by | 51693 |
| the certificate holder presents a danger of immediate and serious | 51694 |
| harm to the public and that the certificate holder has done any of | 51695 |
| the following: | 51696 |
| (1) Furnished false, fraudulent, or misleading information to | 51697 |
| the board; | 51698 |
| (2) Engaged in activities that exceed those permitted by the | 51699 |
| individual's certificate; | 51700 |
| (3) In a court of this or any other state or federal court | 51701 |
| been convicted of, pleaded guilty to, or been the subject of a | 51702 |
| judicial finding of guilt of, a judicial finding of guilt | 51703 |
| resulting from a plea of no contest to, or a judicial finding of | 51704 |
| eligibility for intervention in lieu of conviction for, a felony | 51705 |
| or for a misdemeanor committed in the course of practice or | 51706 |
| involving gross immorality or moral turpitude. | 51707 |
| (B) Immediately following the decision to impose a summary | 51708 |
| suspension, the board, in accordance with section 119.07 of the | 51709 |
| Revised Code, shall issue a written order of suspension, cause it | 51710 |
| to be delivered to the certificate holder, and notify the | 51711 |
| certificate holder of the opportunity for a hearing. If timely | 51712 |
| requested by the certificate holder, a hearing shall be conducted | 51713 |
| in accordance with section 4765.115 of the Revised Code. | 51714 |
| Sec. 4765.113. If the state board of emergency medical and | 51715 |
| transportation services imposes a suspension on the basis of a | 51716 |
| conviction, judicial finding, or plea as described in division | 51717 |
| (A)(3) of section 4765.112 of the Revised Code that is overturned | 51718 |
| on appeal, the certificate holder, on exhaustion of the criminal | 51719 |
| appeal process, may file with the board a petition for | 51720 |
| reconsideration of the suspension along with appropriate court | 51721 |
| documents. On receipt of the petition and documents, the board | 51722 |
| shall reinstate the certificate holder's certificate to practice. | 51723 |
| Sec. 4765.114. (A) A certificate to practice emergency | 51724 |
| medical services issued under this chapter is automatically | 51725 |
| suspended on the certificate holder's conviction of, plea of | 51726 |
| guilty to, or judicial finding of guilt of any of the following: | 51727 |
| aggravated murder, murder, voluntary manslaughter, felonious | 51728 |
| assault, kidnapping, rape, sexual battery, gross sexual | 51729 |
| imposition, aggravated arson, aggravated burglary, aggravated | 51730 |
| robbery, or a substantially equivalent offense committed in this | 51731 |
| or another jurisdiction. Continued practice after the suspension | 51732 |
| is practicing without a certificate. | 51733 |
| (B) If the state board of emergency medical and | 51734 |
| transportation services has knowledge that an automatic suspension | 51735 |
| has occurred, it shall notify, in accordance with section 119.07 | 51736 |
| of the Revised Code, the certificate holder of the suspension and | 51737 |
| of the opportunity for a hearing. If timely requested by the | 51738 |
| certificate holder, a hearing shall be conducted in accordance | 51739 |
| with section 4765.115 of the Revised Code. | 51740 |
| Sec. 4765.115. (A) A suspension order issued under section | 51741 |
| 4765.112 or automatic suspension under section 4765.114 of the | 51742 |
| Revised Code is not subject to suspension by a court prior to a | 51743 |
| hearing under this section or during the pendency of any appeal | 51744 |
| filed under section 119.12 of the Revised Code. | 51745 |
| (B) A suspension order issued under section 4765.112 or | 51746 |
| automatic suspension under section 4765.114 of the Revised Code | 51747 |
| remains in effect, unless reversed by the state board of emergency | 51748 |
| medical and transportation services, until a final adjudication | 51749 |
| order issued by the board pursuant to this section becomes | 51750 |
| effective. | 51751 |
| (C) Hearings requested pursuant to section 4765.112 or | 51752 |
| 4765.114 of the Revised Code shall be conducted under this section | 51753 |
| in accordance with Chapter 119. of the Revised Code. | 51754 |
| (D) A hearing under this section shall be held not later than | 51755 |
| forty-five days but not earlier than forty days after the | 51756 |
| certificate holder requests it, unless another date is agreed to | 51757 |
| by the certificate holder and the board. | 51758 |
| (E) After completion of an adjudication hearing, the board | 51759 |
| may adopt, by an affirmative vote of the majority of its members, | 51760 |
| a final adjudication order that imposes any of the following | 51761 |
| sanctions: | 51762 |
| (1) Suspension of the holder's certificate to practice; | 51763 |
| (2) Revocation of the holder's certificate to practice; | 51764 |
| (3) Issuance of a written reprimand; | 51765 |
| (4) A refusal to renew or a limitation on the holder's | 51766 |
| certificate to practice. | 51767 |
| The board shall issue its final adjudication order not later | 51768 |
| than forty-five days after completion of an adjudication hearing. | 51769 |
| If the board does not issue a final order within that time period, | 51770 |
| the suspension order is void, but any final adjudication order | 51771 |
| subsequently issued is not affected. | 51772 |
| (F) Any action taken by the board under this section | 51773 |
| resulting in a suspension from practice shall be accompanied by a | 51774 |
| written statement of the conditions under which the certificate to | 51775 |
| practice may be reinstated. Reinstatement of a certificate | 51776 |
| suspended under this section requires an affirmative vote by the | 51777 |
| majority of the members of the board. | 51778 |
| (G) When the board revokes or refuses to reinstate a | 51779 |
| certificate to practice, the board may specify that its action is | 51780 |
| permanent. An individual subject to permanent action taken by the | 51781 |
| board is forever ineligible to hold a certificate of the type | 51782 |
| revoked or refused, and the board shall not accept from the | 51783 |
| individual an application for reinstatement of the certificate or | 51784 |
| for a new certificate. | 51785 |
| Sec. 4765.116. If a certificate holder subject to a | 51786 |
| suspension order issued by the state board of emergency medical | 51787 |
| and transportation services under section 4765.112 or an automatic | 51788 |
| suspension order under section 4765.114 of the Revised Code fails | 51789 |
| to make a timely request for a hearing, the following apply: | 51790 |
| (A) In the case of a certificate holder subject to a summary | 51791 |
| suspension order, the board is not required to hold a hearing, but | 51792 |
| may adopt, by an affirmative vote of a majority of its members, a | 51793 |
| final order that contains the board's findings. In the final | 51794 |
| order, the board may order any of the sanctions listed in division | 51795 |
| (E) of section 4765.115 of the Revised Code. | 51796 |
| (B) In the case of a certificate holder subject to an | 51797 |
| automatic suspension order, the board may adopt, by an affirmative | 51798 |
| vote of a majority of its members, a final order that permanently | 51799 |
| revokes the holder's certificate to practice. | 51800 |
| Sec. 4765.12. (A) Not later than two years after
| 51801 |
| 51802 | |
| of emergency medical and transportation services shall develop and | 51803 |
| distribute guidelines for the care of trauma victims by emergency | 51804 |
| medical service personnel and for the conduct of peer review and | 51805 |
| quality assurance programs by emergency medical service | 51806 |
| organizations. The guidelines shall be consistent with the state | 51807 |
| trauma triage protocols adopted in rules under sections 4765.11 | 51808 |
| and 4765.40 of the Revised Code and shall place emphasis on the | 51809 |
| special needs of pediatric and geriatric trauma victims. In | 51810 |
| developing the guidelines, the board shall consult with entities | 51811 |
| with interests in trauma and emergency medical services and shall | 51812 |
| consider any relevant guidelines adopted by national | 51813 |
| organizations, including the American college of surgeons, | 51814 |
| American college of emergency physicians, and American academy of | 51815 |
| pediatrics. The board shall distribute the guidelines, and | 51816 |
| amendments to the guidelines, to each emergency medical service | 51817 |
| organization, regional director, regional physician advisory | 51818 |
| board, certified emergency medical service instructor, and person | 51819 |
| who regularly provides medical direction to emergency medical | 51820 |
| service personnel in this state. | 51821 |
| (B) Not later than three years after | 51822 |
| 51823 | |
| organization in this state shall implement ongoing peer review and | 51824 |
| quality assurance programs designed to improve the availability | 51825 |
| and quality of the emergency medical services it provides. The | 51826 |
| form and content of the programs shall be determined by each | 51827 |
| emergency medical service organization. In implementing the | 51828 |
| programs, each emergency medical service organization shall | 51829 |
| consider how to improve its ability to provide effective trauma | 51830 |
| care, particularly for pediatric and geriatric trauma victims, and | 51831 |
| shall take into account the trauma care guidelines developed by | 51832 |
| the state board of emergency medical and transportation services | 51833 |
| under this section. | 51834 |
| Information generated solely for use in a peer review or | 51835 |
| quality assurance program conducted on behalf of an emergency | 51836 |
| medical service organization is not a public record under section | 51837 |
| 149.43 of the Revised Code. Such information, and any discussion | 51838 |
| conducted in the course of a peer review or quality assurance | 51839 |
| program conducted on behalf of an emergency medical service | 51840 |
| organization, is not subject to discovery in a civil action and | 51841 |
| shall not be introduced into evidence in a civil action against | 51842 |
| the emergency medical service organization on whose behalf the | 51843 |
| information was generated or the discussion occurred. | 51844 |
| No emergency medical service organization on whose behalf a | 51845 |
| peer review or quality assurance program is conducted, and no | 51846 |
| person who conducts such a program, because of performing such | 51847 |
| functions, shall be liable in a civil action for betrayal of | 51848 |
| professional confidence or otherwise in the absence of willful or | 51849 |
| wanton misconduct. | 51850 |
| Sec. 4765.15. A person seeking to operate an emergency | 51851 |
| medical services training program shall submit a completed | 51852 |
| application for accreditation to the state board of emergency | 51853 |
| medical and transportation services on a form the board shall | 51854 |
| prescribe and furnish. The application shall be accompanied by the | 51855 |
| appropriate application fee established in rules adopted under | 51856 |
| section 4765.11 of the Revised Code. | 51857 |
| A person seeking to operate an emergency medical services | 51858 |
| continuing education program shall submit a completed application | 51859 |
| for approval to the board on a form the board shall prescribe and | 51860 |
| furnish. The application shall be accompanied by the appropriate | 51861 |
| application fee established in rules adopted under section 4765.11 | 51862 |
| of the Revised Code. | 51863 |
| The board shall administer the accreditation and approval | 51864 |
| processes pursuant to rules adopted under section 4765.11 of the | 51865 |
| Revised Code. In administering these processes, the board may | 51866 |
| authorize other persons to evaluate applications for accreditation | 51867 |
| or approval and may accept the recommendations made by those | 51868 |
| persons. | 51869 |
| The board may cause an investigation to be made into the | 51870 |
| accuracy of the information submitted in any application for | 51871 |
| accreditation or approval. If an investigation indicates that | 51872 |
| false, misleading, or incomplete information has been submitted to | 51873 |
| the board in connection with any application for accreditation or | 51874 |
| approval, the board shall conduct a hearing on the matter in | 51875 |
| accordance with Chapter 119. of the Revised Code. | 51876 |
| Sec. 4765.16. (A) All courses offered through an emergency | 51877 |
| medical services training program or an emergency medical services | 51878 |
| continuing education program, other than ambulance driving, shall | 51879 |
| be developed under the direction of a physician who specializes in | 51880 |
| emergency medicine. Each course that deals with trauma care shall | 51881 |
| be developed in consultation with a physician who specializes in | 51882 |
| trauma surgery. Except as specified by the state board of | 51883 |
| emergency medical and transportation services pursuant to rules | 51884 |
| adopted under section 4765.11 of the Revised Code, each course | 51885 |
| offered through a training program or continuing education program | 51886 |
| shall be taught by a person who holds the appropriate certificate | 51887 |
| to teach issued under section 4765.23 of the Revised Code. | 51888 |
| (B) A training program for first responders shall meet the | 51889 |
| standards established in rules adopted by the board under section | 51890 |
| 4765.11 of the Revised Code. The program shall include courses in | 51891 |
| both of the following areas for at least the number of hours | 51892 |
| established by the board's rules: | 51893 |
| (1) Emergency victim care; | 51894 |
| (2) Reading and interpreting a trauma victim's vital signs. | 51895 |
| (C) A training program for emergency medical | 51896 |
| technicians-basic shall meet the standards established in rules | 51897 |
| adopted by the board under section 4765.11 of the Revised Code. | 51898 |
| The program shall include courses in each of the following areas | 51899 |
| for at least the number of hours established by the board's rules: | 51900 |
| (1) Emergency victim care; | 51901 |
| (2) Reading and interpreting a trauma victim's vital signs; | 51902 |
| (3) Triage protocols for adult and pediatric trauma victims; | 51903 |
| (4) In-hospital training; | 51904 |
| (5) Clinical training; | 51905 |
| (6) Training as an ambulance driver. | 51906 |
| Each operator of a training program for emergency medical | 51907 |
| technicians-basic shall allow any pupil in the twelfth grade in a | 51908 |
| secondary school who is at least seventeen years old and who | 51909 |
| otherwise meets the requirements for admission into such a | 51910 |
| training program to be admitted to and complete the program and, | 51911 |
| as part of the training, to ride in an ambulance with emergency | 51912 |
| medical technicians-basic, emergency medical | 51913 |
| technicians-intermediate, and emergency medical | 51914 |
| technicians-paramedic. Each emergency medical service organization | 51915 |
| shall allow pupils participating in training programs to ride in | 51916 |
| an ambulance with emergency medical technicians-basic, advanced | 51917 |
| emergency medical technicians-intermediate, and emergency medical | 51918 |
| technicians-paramedic. | 51919 |
| (D) A training program for emergency medical | 51920 |
| technicians-intermediate shall meet the standards established in | 51921 |
| rules adopted by the board under section 4765.11 of the Revised | 51922 |
| Code. The program shall include, or require as a prerequisite, the | 51923 |
| training specified in division (C) of this section and courses in | 51924 |
| each of the following areas for at least the number of hours | 51925 |
| established by the board's rules: | 51926 |
| (1) Recognizing symptoms of life-threatening allergic | 51927 |
| reactions and in calculating proper dosage levels and | 51928 |
| administering injections of epinephrine to persons who suffer | 51929 |
| life-threatening allergic reactions, conducted in accordance with | 51930 |
| rules adopted by the board under section 4765.11 of the Revised | 51931 |
| Code; | 51932 |
| (2) Venous access procedures; | 51933 |
| (3) Cardiac monitoring and electrical interventions to | 51934 |
| support or correct the cardiac function. | 51935 |
| (E) A training program for emergency medical | 51936 |
| technicians-paramedic shall meet the standards established in | 51937 |
| rules adopted by the board under section 4765.11 of the Revised | 51938 |
| Code. The program shall include, or require as a prerequisite, the | 51939 |
| training specified in divisions (C) and (D) of this section and | 51940 |
| courses in each of the following areas for at least the number of | 51941 |
| hours established by the board's rules: | 51942 |
| (1) Medical terminology; | 51943 |
| (2) Venous access procedures; | 51944 |
| (3) Airway procedures; | 51945 |
| (4) Patient assessment and triage; | 51946 |
| (5) Acute cardiac care, including administration of | 51947 |
| parenteral injections, electrical interventions, and other | 51948 |
| emergency medical services; | 51949 |
| (6) Emergency and trauma victim care beyond that required | 51950 |
| under division (C) of this section; | 51951 |
| (7) Clinical training beyond that required under division (C) | 51952 |
| of this section. | 51953 |
| (F) A continuing education program for first responders, | 51954 |
| EMTs-basic, EMTs-I, or paramedics shall meet the standards | 51955 |
| established in rules adopted by the board under section 4765.11 of | 51956 |
| the Revised Code. A continuing education program shall include | 51957 |
| instruction and training in subjects established by the board's | 51958 |
| rules for at least the number of hours established by the board's | 51959 |
| rules. | 51960 |
| Sec. 4765.17. (A) The state board of emergency medical and | 51961 |
| transportation services shall issue the appropriate certificate of | 51962 |
| accreditation or certificate of approval to an applicant who is of | 51963 |
| good reputation and meets the requirements of section 4765.16 of | 51964 |
| the Revised Code. The board shall grant or deny a certificate of | 51965 |
| accreditation or certificate of approval within one hundred twenty | 51966 |
| days of receipt of the application. The board may issue or renew a | 51967 |
| certificate of accreditation or certificate of approval on a | 51968 |
| provisional basis to an applicant who is of good reputation and is | 51969 |
| in substantial compliance with the requirements of section 4765.16 | 51970 |
| of the Revised Code. The board shall inform an applicant receiving | 51971 |
| such a certificate of the conditions that must be met to complete | 51972 |
| compliance with section 4765.16 of the Revised Code. | 51973 |
| (B) Except as provided in division (C) of this section, a | 51974 |
| certificate of accreditation or certificate of approval is valid | 51975 |
| for up to five years and may be renewed by the board pursuant to | 51976 |
| procedures and standards established in rules adopted under | 51977 |
| section 4765.11 of the Revised Code. An application for renewal | 51978 |
| shall be accompanied by the appropriate renewal fee established in | 51979 |
| rules adopted under section 4765.11 of the Revised Code. | 51980 |
| (C) A certificate of accreditation or certificate of approval | 51981 |
| issued on a provisional basis is valid for the length of time | 51982 |
| established by the board. If the board finds that the holder of | 51983 |
| such a certificate has met the conditions it specifies under | 51984 |
| division (A) of this section, the board shall issue the | 51985 |
| appropriate certificate of accreditation or certificate of | 51986 |
| approval. | 51987 |
| (D) A certificate of accreditation is valid only for the | 51988 |
| emergency medical services training program or programs for which | 51989 |
| it is issued. The holder of a certificate of accreditation may | 51990 |
| apply to operate additional training programs in accordance with | 51991 |
| rules adopted by the board under section 4765.11 of the Revised | 51992 |
| Code. Any additional training programs shall expire on the | 51993 |
| expiration date of the applicant's current certificate. A | 51994 |
| certificate of approval is valid only for the emergency medical | 51995 |
| services continuing education program for which it is issued. | 51996 |
| Neither is transferable. | 51997 |
| (E) The holder of a certificate of accreditation or a | 51998 |
| certificate of approval may offer courses at more than one | 51999 |
| location in accordance with rules adopted under section 4765.11 of | 52000 |
| the Revised Code. | 52001 |
| Sec. 4765.18. The state board of emergency medical and | 52002 |
| transportation services may suspend or revoke a certificate of | 52003 |
| accreditation or a certificate of approval issued under section | 52004 |
| 4765.17 of the Revised Code for any of the following reasons: | 52005 |
| (A) Violation of this chapter or any rule adopted under it; | 52006 |
| (B) Furnishing of false, misleading, or incomplete | 52007 |
| information to the board; | 52008 |
| (C) The signing of an application or the holding of a | 52009 |
| certificate of accreditation by a person who has pleaded guilty to | 52010 |
| or has been convicted of a felony, or has pleaded guilty to or | 52011 |
| been convicted of a crime involving moral turpitude; | 52012 |
| (D) The signing of an application or the holding of a | 52013 |
| certificate of accreditation by a person who is addicted to the | 52014 |
| use of any controlled substance or has been adjudicated | 52015 |
| incompetent for that purpose by a court, as provided in section | 52016 |
| 5122.301 of the Revised Code; | 52017 |
| (E) Violation of any commitment made in an application for a | 52018 |
| certificate of accreditation or certificate of approval; | 52019 |
| (F) Presentation to prospective students of misleading, | 52020 |
| false, or fraudulent information relating to the emergency medical | 52021 |
| services training program or emergency medical services continuing | 52022 |
| education program, employment opportunities, or opportunities for | 52023 |
| enrollment in accredited institutions of higher education after | 52024 |
| entering or completing courses offered by the operator of a | 52025 |
| program; | 52026 |
| (G) Failure to maintain in a safe and sanitary condition | 52027 |
| premises and equipment used in conducting courses of study; | 52028 |
| (H) Failure to maintain financial resources adequate for the | 52029 |
| satisfactory conduct of courses of study or to retain a sufficient | 52030 |
| number of certified instructors; | 52031 |
| (I) Discrimination in the acceptance of students upon the | 52032 |
| basis of race, color, religion, sex, or national origin. | 52033 |
| Sec. 4765.22. A person seeking a certificate to teach in an | 52034 |
| emergency medical services training program or an emergency | 52035 |
| medical services continuing education program shall submit a | 52036 |
| completed application for certification to the state board of | 52037 |
| emergency medical and transportation services on a form the board | 52038 |
| shall prescribe and furnish. The application shall be accompanied | 52039 |
| by the appropriate application fee established in rules adopted | 52040 |
| under section 4765.11 of the Revised Code. | 52041 |
| Sec. 4765.23. The state board of emergency medical and | 52042 |
| transportation services shall issue a certificate to teach in an | 52043 |
| emergency medical services training program or an emergency | 52044 |
| medical services continuing education program to any applicant who | 52045 |
| it determines meets the qualifications established in rules | 52046 |
| adopted under section 4765.11 of the Revised Code. The certificate | 52047 |
| shall indicate each type of instruction and training the | 52048 |
| certificate holder may teach under the certificate. | 52049 |
| A certificate to teach shall have a certification cycle | 52050 |
| established by the board and may be renewed by the board pursuant | 52051 |
| to rules adopted under section 4765.11 of the Revised Code. An | 52052 |
| application for renewal shall be accompanied by the appropriate | 52053 |
| renewal fee established in rules adopted under section 4765.11 of | 52054 |
| the Revised Code. | 52055 |
| The board may suspend or revoke a certificate to teach | 52056 |
| pursuant to rules adopted under section 4765.11 of the Revised | 52057 |
| Code. | 52058 |
| Sec. 4765.28. A person seeking a certificate to practice as | 52059 |
| a first responder, emergency medical technician-basic, emergency | 52060 |
| medical technician-intermediate, or emergency medical | 52061 |
| technician-paramedic shall submit a completed application for | 52062 |
| certification to the state board of emergency medical and | 52063 |
| transportation services on a form the board shall prescribe and | 52064 |
| furnish. Except as provided in division (B) of section 4765.29 of | 52065 |
| the Revised Code, the application shall include evidence that the | 52066 |
| applicant received the appropriate certificate of completion | 52067 |
| pursuant to section 4765.24 of the Revised Code. The application | 52068 |
| shall be accompanied by the appropriate application fee | 52069 |
| established in rules adopted under section 4765.11 of the Revised | 52070 |
| Code, unless the board waives the fee on determining pursuant to | 52071 |
| those rules that the applicant cannot afford to pay the fee. | 52072 |
| Sec. 4765.29. (A) The state board of emergency medical and | 52073 |
| transportation services shall provide for the examination of | 52074 |
| applicants for certification to practice as first responders, | 52075 |
| emergency medical technicians-basic, emergency medical | 52076 |
| technicians-intermediate, and emergency medical | 52077 |
| technicians-paramedic. The examinations shall be established by | 52078 |
| the board in rules adopted under section 4765.11 of the Revised | 52079 |
| Code. The board may administer the examinations or contract with | 52080 |
| other persons to administer the examinations. In either case, the | 52081 |
| examinations shall be administered pursuant to procedures | 52082 |
| established in rules adopted under section 4765.11 of the Revised | 52083 |
| Code and shall be offered at various locations in the state | 52084 |
| selected by the board. | 52085 |
| Except as provided in division (B) of this section, an | 52086 |
| applicant shall not be permitted to take an examination for the | 52087 |
| same certificate to practice more than three times since last | 52088 |
| receiving the certificate of completion pursuant to section | 52089 |
| 4765.24 of the Revised Code that qualifies the applicant to take | 52090 |
| the examination unless the applicant receives another certificate | 52091 |
| of completion that qualifies the applicant to take the | 52092 |
| examination. | 52093 |
| (B) On request of an applicant who fails three examinations | 52094 |
| for the same certificate to practice, the board may direct the | 52095 |
| applicant to complete a specific portion of an accredited | 52096 |
| emergency medical services training program. If the applicant | 52097 |
| provides satisfactory proof to the board that the applicant has | 52098 |
| successfully completed that portion of the program, the applicant | 52099 |
| shall be permitted to take the examination. | 52100 |
| Sec. 4765.30. (A)(1) The state board of emergency medical | 52101 |
| and transportation services shall issue a certificate to practice | 52102 |
| as a first responder to an applicant who meets all of the | 52103 |
| following conditions: | 52104 |
| (a) Except as provided in division (A)(2) of this section, is | 52105 |
| a volunteer for a nonprofit emergency medical service organization | 52106 |
| or a nonprofit fire department; | 52107 |
| (b) Holds the appropriate certificate of completion issued in | 52108 |
| accordance with section 4765.24 of the Revised Code; | 52109 |
| (c) Passes the appropriate examination conducted under | 52110 |
| section 4765.29 of the Revised Code; | 52111 |
| (d) Is not in violation of any provision of this chapter or | 52112 |
| the rules adopted under it; | 52113 |
| (e) Meets any other certification requirements established in | 52114 |
| rules adopted under section 4765.11 of the Revised Code. | 52115 |
| (2) The board may waive the requirement to be a volunteer for | 52116 |
| a nonprofit entity if the applicant meets other requirements | 52117 |
| established in rules adopted under division (B)(3) of section | 52118 |
| 4765.11 of the Revised Code relative to a person's eligibility to | 52119 |
| practice as a first responder. | 52120 |
| (B) The state board of emergency medical and transportation | 52121 |
| services shall issue a certificate to practice as an emergency | 52122 |
| medical technician-basic to an applicant who meets all of the | 52123 |
| following conditions: | 52124 |
| (1) Holds a certificate of completion in emergency medical | 52125 |
| services training-basic issued in accordance with section 4765.24 | 52126 |
| of the Revised Code; | 52127 |
| (2) Passes the examination for emergency medical | 52128 |
| technicians-basic conducted under section 4765.29 of the Revised | 52129 |
| Code; | 52130 |
| (3) Is not in violation of any provision of this chapter or | 52131 |
| the rules adopted under it; | 52132 |
| (4) Meets any other certification requirements established in | 52133 |
| rules adopted under section 4765.11 of the Revised Code. | 52134 |
| (C) The state board of emergency medical and transportation | 52135 |
| services shall issue a certificate to practice as an emergency | 52136 |
| medical technician-intermediate or emergency medical | 52137 |
| technician-paramedic to an applicant who meets all of the | 52138 |
| following conditions: | 52139 |
| (1) Holds a certificate to practice as an emergency medical | 52140 |
| technician-basic; | 52141 |
| (2) Holds the appropriate certificate of completion issued in | 52142 |
| accordance with section 4765.24 of the Revised Code; | 52143 |
| (3) Passes the appropriate examination conducted under | 52144 |
| section 4765.29 of the Revised Code; | 52145 |
| (4) Is not in violation of any provision of this chapter or | 52146 |
| the rules adopted under it; | 52147 |
| (5) Meets any other certification requirements established in | 52148 |
| rules adopted under section 4765.11 of the Revised Code. | 52149 |
| (D) A certificate to practice shall have a certification | 52150 |
| cycle established by the board and may be renewed by the board | 52151 |
| pursuant to rules adopted under section 4765.11 of the Revised | 52152 |
| Code. Not later than sixty days prior to the expiration date of an | 52153 |
| individual's certificate to practice, the board shall notify the | 52154 |
| individual of the scheduled expiration. | 52155 |
| An application for renewal shall be accompanied by the | 52156 |
| appropriate renewal fee established in rules adopted under section | 52157 |
| 4765.11 of the Revised Code, unless the board waives the fee on | 52158 |
| determining pursuant to those rules that the applicant cannot | 52159 |
| afford to pay the fee. Except as provided in division (B) of | 52160 |
| section 4765.31 of the Revised Code, the application shall include | 52161 |
| evidence of either of the following: | 52162 |
| (1) That the applicant received a certificate of completion | 52163 |
| from the appropriate emergency medical services continuing | 52164 |
| education program pursuant to section 4765.24 of the Revised Code; | 52165 |
| (2) That the applicant has successfully passed an examination | 52166 |
| that demonstrates the competence to have a certificate renewed | 52167 |
| without completing an emergency medical services continuing | 52168 |
| education program. The board shall approve such examinations in | 52169 |
| accordance with rules adopted under section 4765.11 of the Revised | 52170 |
| Code. | 52171 |
| (E) The board shall not require an applicant for renewal of a | 52172 |
| certificate to practice to take an examination as a condition of | 52173 |
| renewing the certificate. This division does not preclude the use | 52174 |
| of examinations by operators of approved emergency medical | 52175 |
| services continuing education programs as a condition for issuance | 52176 |
| of a certificate of completion in emergency medical services | 52177 |
| continuing education. | 52178 |
| Sec. 4765.31. (A) Except as provided in division (B) of this | 52179 |
| section, a first responder, emergency medical technician-basic, | 52180 |
| emergency medical technician-intermediate, and emergency medical | 52181 |
| technician-paramedic shall complete an emergency medical services | 52182 |
| continuing education program or pass an examination approved by | 52183 |
| the state board of emergency medical and transportation services | 52184 |
| under division (A) of section 4765.10 of the Revised Code prior to | 52185 |
| the expiration of the individual's certificate to practice. | 52186 |
| Completion of the continuing education requirements for EMTs-I or | 52187 |
| paramedics satisfies the continuing education requirements for | 52188 |
| renewing the certificate to practice as an EMT-basic held by an | 52189 |
| EMT-I or paramedic. | 52190 |
| (B)(1) An applicant for renewal of a certificate to practice | 52191 |
| may apply to the board, in writing, for an extension to complete | 52192 |
| the continuing education requirements established under division | 52193 |
| (A) of this section. The board may grant such an extension and | 52194 |
| determine the length of the extension. The board may authorize the | 52195 |
| applicant to continue to practice during the extension as if the | 52196 |
| certificate to practice had not expired. | 52197 |
| (2) An applicant for renewal of a certificate to practice may | 52198 |
| apply to the board, in writing, for an exemption from the | 52199 |
| continuing education requirements established under division (A) | 52200 |
| of this section. The board may exempt an individual or a group of | 52201 |
| individuals from all or any part of the continuing education | 52202 |
| requirements due to active military service, unusual circumstance, | 52203 |
| emergency, special hardship, or any other cause considered | 52204 |
| reasonable by the board. | 52205 |
| (C) Decisions of whether to grant an extension or exemption | 52206 |
| under division (B) of this section shall be made by the board | 52207 |
| pursuant to procedures established in rules adopted under section | 52208 |
| 4765.11 of the Revised Code. | 52209 |
| Sec. 4765.32. A current, valid certificate of accreditation | 52210 |
| issued under the provisions of former section 3303.11 or 3303.23 | 52211 |
| of the Revised Code shall remain valid until one year after the | 52212 |
| expiration date of the certificate as determined by the provisions | 52213 |
| of those sections and shall confer the same privileges and impose | 52214 |
| the same responsibilities and requirements as a certificate of | 52215 |
| accreditation issued by the state board of emergency medical and | 52216 |
| transportation services under section 4765.17 of the Revised Code. | 52217 |
| A certificate to practice as an emergency medical | 52218 |
| technician-ambulance that is valid on November 24, 1995, shall be | 52219 |
| considered a certificate to practice as an emergency medical | 52220 |
| technician-basic. A certificate to practice as an advanced | 52221 |
| emergency medical technician-ambulance that is valid on November | 52222 |
| 24, 1995, shall be considered a certificate to practice as an | 52223 |
| emergency medical technician-intermediate. | 52224 |
| Sec. 4765.33. The state board of emergency medical and | 52225 |
| transportation services may suspend or revoke certificates to | 52226 |
| practice issued under section 4765.30 of the Revised Code, and may | 52227 |
| take other disciplinary action against first responders, emergency | 52228 |
| medical technicians-basic, emergency medical | 52229 |
| technicians-intermediate, and emergency medical | 52230 |
| technicians-paramedic pursuant to rules adopted under section | 52231 |
| 4765.11 of the Revised Code. | 52232 |
| Sec. 4765.37. (A) An emergency medical technician-basic | 52233 |
| shall perform the emergency medical services described in this | 52234 |
| section in accordance with this chapter and any rules adopted | 52235 |
| under it by the state board of emergency medical and | 52236 |
| transportation services. | 52237 |
| (B) An emergency medical technician-basic may operate, or be | 52238 |
| responsible for operation of, an ambulance and may provide | 52239 |
| emergency medical services to patients. In an emergency, an | 52240 |
| EMT-basic may determine the nature and extent of illness or injury | 52241 |
| and establish priority for required emergency medical services. An | 52242 |
| EMT-basic may render emergency medical services such as opening | 52243 |
| and maintaining an airway, giving positive pressure ventilation, | 52244 |
| cardiac resuscitation, electrical interventions with automated | 52245 |
| defibrillators to support or correct the cardiac function and | 52246 |
| other methods determined by the board, controlling of hemorrhage, | 52247 |
| treatment of shock, immobilization of fractures, bandaging, | 52248 |
| assisting in childbirth, management of mentally disturbed | 52249 |
| patients, initial care of poison and burn patients, and | 52250 |
| determining triage of adult and pediatric trauma victims. Where | 52251 |
| patients must in an emergency be extricated from entrapment, an | 52252 |
| EMT-basic may assess the extent of injury and render all possible | 52253 |
| emergency medical services and protection to the entrapped | 52254 |
| patient; provide light rescue services if an ambulance has not | 52255 |
| been accompanied by a specialized unit; and after extrication, | 52256 |
| provide additional care in sorting of the injured in accordance | 52257 |
| with standard emergency procedures. | 52258 |
| (C) An EMT-basic may perform any other emergency medical | 52259 |
| services approved pursuant to rules adopted under section 4765.11 | 52260 |
| of the Revised Code. The board shall determine whether the nature | 52261 |
| of any such service requires that an EMT-basic receive | 52262 |
| authorization prior to performing the service. | 52263 |
| (D)(1) Except as provided in division (D)(2) of this section, | 52264 |
| if the board determines under division (C) of this section that a | 52265 |
| service requires prior authorization, the service shall be | 52266 |
| performed only pursuant to the written or verbal authorization of | 52267 |
| a physician or of the cooperating physician advisory board, or | 52268 |
| pursuant to an authorization transmitted through a direct | 52269 |
| communication device by a physician or registered nurse designated | 52270 |
| by a physician. | 52271 |
| (2) If communications fail during an emergency situation or | 52272 |
| the required response time prohibits communication, an EMT-basic | 52273 |
| may perform services subject to this division, if, in the judgment | 52274 |
| of the EMT-basic, the life of the patient is in immediate danger. | 52275 |
| Services performed under these circumstances shall be performed in | 52276 |
| accordance with the protocols for triage of adult and pediatric | 52277 |
| trauma victims established in rules adopted under sections 4765.11 | 52278 |
| and 4765.40 of the Revised Code and any applicable protocols | 52279 |
| adopted by the emergency medical service organization with which | 52280 |
| the EMT-basic is affiliated. | 52281 |
| Sec. 4765.38. (A) An emergency medical | 52282 |
| technician-intermediate shall perform the emergency medical | 52283 |
| services described in this section in accordance with this chapter | 52284 |
| and any rules adopted under it. | 52285 |
| (B) An EMT-I may do any of the following: | 52286 |
| (1) Establish and maintain an intravenous lifeline that has | 52287 |
| been approved by a cooperating physician or physician advisory | 52288 |
| board; | 52289 |
| (2) Perform cardiac monitoring; | 52290 |
| (3) Perform electrical interventions to support or correct | 52291 |
| the cardiac function; | 52292 |
| (4) Administer epinephrine; | 52293 |
| (5) Determine triage of adult and pediatric trauma victims; | 52294 |
| (6) Perform any other emergency medical services approved | 52295 |
| pursuant to rules adopted under section 4765.11 of the Revised | 52296 |
| Code. | 52297 |
| (C)(1) Except as provided in division (C)(2) of this section, | 52298 |
| the services described in division (B) of this section shall be | 52299 |
| performed by an EMT-I only pursuant to the written or verbal | 52300 |
| authorization of a physician or of the cooperating physician | 52301 |
| advisory board, or pursuant to an authorization transmitted | 52302 |
| through a direct communication device by a physician or registered | 52303 |
| nurse designated by a physician. | 52304 |
| (2) If communications fail during an emergency situation or | 52305 |
| the required response time prohibits communication, an EMT-I may | 52306 |
| perform any of the services described in division (B) of this | 52307 |
| section, if, in the judgment of the EMT-I, the life of the patient | 52308 |
| is in immediate danger. Services performed under these | 52309 |
| circumstances shall be performed in accordance with the protocols | 52310 |
| for triage of adult and pediatric trauma victims established in | 52311 |
| rules adopted under sections 4765.11 and 4765.40 of the Revised | 52312 |
| Code and any applicable protocols adopted by the emergency medical | 52313 |
| service organization with which the EMT-I is affiliated. | 52314 |
| (D) In addition to, and in the course of, providing emergency | 52315 |
| medical treatment, an emergency medical technician-intermediate | 52316 |
| may withdraw blood as provided under sections 1547.11, 4506.17, | 52317 |
| and 4511.19 of the Revised Code. An emergency medical | 52318 |
| technician-intermediate shall withdraw blood in accordance with | 52319 |
| this chapter and any rules adopted under it by the state board of | 52320 |
| emergency medical and transportation services. | 52321 |
| Sec. 4765.39. (A) An emergency medical technician-paramedic | 52322 |
| shall perform the emergency medical services described in this | 52323 |
| section in accordance with this chapter and any rules adopted | 52324 |
| under it. | 52325 |
| (B) A paramedic may do any of the following: | 52326 |
| (1) Perform cardiac monitoring; | 52327 |
| (2) Perform electrical interventions to support or correct | 52328 |
| the cardiac function; | 52329 |
| (3) Perform airway procedures; | 52330 |
| (4) Perform relief of pneumothorax; | 52331 |
| (5) Administer appropriate drugs and intravenous fluids; | 52332 |
| (6) Determine triage of adult and pediatric trauma victims; | 52333 |
| (7) Perform any other emergency medical services, including | 52334 |
| life support or intensive care techniques, approved pursuant to | 52335 |
| rules adopted under section 4765.11 of the Revised Code. | 52336 |
| (C)(1) Except as provided in division (C)(2) of this section, | 52337 |
| the services described in division (B) of this section shall be | 52338 |
| performed by a paramedic only pursuant to the written or verbal | 52339 |
| authorization of a physician or of the cooperating physician | 52340 |
| advisory board, or pursuant to an authorization transmitted | 52341 |
| through a direct communication device by a physician or registered | 52342 |
| nurse designated by a physician. | 52343 |
| (2) If communications fail during an emergency situation or | 52344 |
| the required response time prohibits communication, a paramedic | 52345 |
| may perform any of the services described in division (B) of this | 52346 |
| section, if, in the paramedic's judgment, the life of the patient | 52347 |
| is in immediate danger. Services performed under these | 52348 |
| circumstances shall be performed in accordance with the protocols | 52349 |
| for triage of adult and pediatric trauma victims established in | 52350 |
| rules adopted under sections 4765.11 and 4765.40 of the Revised | 52351 |
| Code and any applicable protocols adopted by the emergency medical | 52352 |
| service organization with which the paramedic is affiliated. | 52353 |
| (D) In addition to, and in the course of, providing emergency | 52354 |
| medical treatment, an emergency medical technician-paramedic may | 52355 |
| withdraw blood as provided under sections 1547.11, 4506.17, and | 52356 |
| 4511.19 of the Revised Code. An emergency medical | 52357 |
| technician-paramedic shall withdraw blood in accordance with this | 52358 |
| chapter and any rules adopted under it by the state board of | 52359 |
| emergency medical and transportation services. | 52360 |
| Sec. 4765.40. (A)(1) Not later than two years after | 52361 |
| 52362 | |
| of emergency medical and transportation services shall adopt rules | 52363 |
| under section 4765.11 of the Revised Code establishing written | 52364 |
| protocols for the triage of adult and pediatric trauma victims. | 52365 |
| The rules shall define adult and pediatric trauma in a manner that | 52366 |
| is consistent with section 4765.01 of the Revised Code, minimizes | 52367 |
| overtriage and undertriage, and emphasizes the special needs of | 52368 |
| pediatric and geriatric trauma patients. | 52369 |
| (2) The state triage protocols adopted under division (A) of | 52370 |
| this section shall require a trauma victim to be transported | 52371 |
| directly to an adult or pediatric trauma center that is qualified | 52372 |
| to provide appropriate adult or pediatric trauma care, unless one | 52373 |
| or more of the following exceptions applies: | 52374 |
| (a) It is medically necessary to transport the victim to | 52375 |
| another hospital for initial assessment and stabilization before | 52376 |
| transfer to an adult or pediatric trauma center; | 52377 |
| (b) It is unsafe or medically inappropriate to transport the | 52378 |
| victim directly to an adult or pediatric trauma center due to | 52379 |
| adverse weather or ground conditions or excessive transport time; | 52380 |
| (c) Transporting the victim to an adult or pediatric trauma | 52381 |
| center would cause a shortage of local emergency medical service | 52382 |
| resources; | 52383 |
| (d) No appropriate adult or pediatric trauma center is able | 52384 |
| to receive and provide adult or pediatric trauma care to the | 52385 |
| trauma victim without undue delay; | 52386 |
| (e) Before transport of a patient begins, the patient | 52387 |
| requests to be taken to a particular hospital that is not a trauma | 52388 |
| center or, if the patient is less than eighteen years of age or is | 52389 |
| not able to communicate, such a request is made by an adult member | 52390 |
| of the patient's family or a legal representative of the patient. | 52391 |
| (3)(a) The state triage protocols adopted under division (A) | 52392 |
| of this section shall require trauma patients to be transported to | 52393 |
| an adult or pediatric trauma center that is able to provide | 52394 |
| appropriate adult or pediatric trauma care, but shall not require | 52395 |
| a trauma patient to be transported to a particular trauma center. | 52396 |
| The state triage protocols shall establish one or more procedures | 52397 |
| for evaluating whether an injury victim requires or would benefit | 52398 |
| from adult or pediatric trauma care, which procedures shall be | 52399 |
| applied by emergency medical service personnel based on the | 52400 |
| patient's medical needs. In developing state trauma triage | 52401 |
| protocols, the board shall consider relevant model triage rules | 52402 |
| and shall consult with the commission on minority health, regional | 52403 |
| directors, regional physician advisory boards, and appropriate | 52404 |
| medical, hospital, and emergency medical service organizations. | 52405 |
| (b) Before the joint committee on agency rule review | 52406 |
| considers state triage protocols for trauma victims proposed by | 52407 |
| the state board of emergency medical and transportation services, | 52408 |
| or amendments thereto, the board shall send a copy of the proposal | 52409 |
| to the Ohio chapter of the American college of emergency | 52410 |
| physicians, the Ohio chapter of the American college of surgeons, | 52411 |
| the Ohio chapter of the American academy of pediatrics, OHA: the | 52412 |
| association for hospitals and health systems, the Ohio osteopathic | 52413 |
| association, and the association of Ohio children's hospitals and | 52414 |
| shall hold a public hearing at which it must consider the | 52415 |
| appropriateness of the protocols to minimize overtriage and | 52416 |
| undertriage of trauma victims. | 52417 |
| (c) The board shall provide copies of the state triage | 52418 |
| protocols, and amendments to the protocols, to each emergency | 52419 |
| medical service organization, regional director, regional | 52420 |
| physician advisory board, certified emergency medical service | 52421 |
| instructor, and person who regularly provides medical direction to | 52422 |
| emergency medical service personnel in the state; to each medical | 52423 |
| service organization in other jurisdictions that regularly provide | 52424 |
| emergency medical services in this state; and to others upon | 52425 |
| request. | 52426 |
| (B)(1) The state board of emergency medical and | 52427 |
| transportation services shall approve regional protocols for the | 52428 |
| triage of adult and pediatric trauma victims, and amendments to | 52429 |
| such protocols, that are submitted to the board as provided in | 52430 |
| division (B)(2) of this section and provide a level of adult and | 52431 |
| pediatric trauma care comparable to the state triage protocols | 52432 |
| adopted under division (A) of this section. The board shall not | 52433 |
| otherwise approve regional triage protocols for trauma victims. | 52434 |
| The board shall not approve regional triage protocols for regions | 52435 |
| that overlap and shall resolve any such disputes by apportioning | 52436 |
| the overlapping territory among appropriate regions in a manner | 52437 |
| that best serves the medical needs of the residents of that | 52438 |
| territory. The trauma committee of the board shall have reasonable | 52439 |
| opportunity to review and comment on regional triage protocols and | 52440 |
| amendments to such protocols before the board approves or | 52441 |
| disapproves them. | 52442 |
| (2) Regional protocols for the triage of adult and pediatric | 52443 |
| trauma victims, and amendments to such protocols, shall be | 52444 |
| submitted in writing to the state board of emergency medical and | 52445 |
| transportation services by the regional physician advisory board | 52446 |
| or regional director, as appropriate, that serves a majority of | 52447 |
| the population in the region in which the protocols apply. Prior | 52448 |
| to submitting regional triage protocols, or an amendment to such | 52449 |
| protocols, to the state board of emergency medical and | 52450 |
| transportation services, a regional physician advisory board or | 52451 |
| regional director shall consult with each of the following that | 52452 |
| regularly serves the region in which the protocols apply: | 52453 |
| (a) Other regional physician advisory boards and regional | 52454 |
| directors; | 52455 |
| (b) Hospitals that operate an emergency facility; | 52456 |
| (c) Adult and pediatric trauma centers; | 52457 |
| (d) Professional societies of physicians who specialize in | 52458 |
| adult or pediatric emergency medicine or adult or pediatric trauma | 52459 |
| surgery; | 52460 |
| (e) Professional societies of nurses who specialize in adult | 52461 |
| or pediatric emergency nursing or adult or pediatric trauma | 52462 |
| surgery; | 52463 |
| (f) Professional associations or labor organizations of | 52464 |
| emergency medical service personnel; | 52465 |
| (g) Emergency medical service organizations and medical | 52466 |
| directors of such organizations; | 52467 |
| (h) Certified emergency medical service instructors. | 52468 |
| (3) Regional protocols for the triage of adult and pediatric | 52469 |
| trauma victims approved under division (B)(2) of this section | 52470 |
| shall require patients to be transported to a trauma center that | 52471 |
| is able to provide an appropriate level of adult or pediatric | 52472 |
| trauma care; shall not discriminate among trauma centers for | 52473 |
| reasons not related to a patient's medical needs; shall seek to | 52474 |
| minimize undertriage and overtriage; may include any of the | 52475 |
| exceptions in division (A)(2) of this section; and supersede the | 52476 |
| state triage protocols adopted under division (A) of this section | 52477 |
| in the region in which the regional protocols apply. | 52478 |
| (4) Upon approval of regional protocols for the triage of | 52479 |
| adult and pediatric trauma victims under division (B)(2) of this | 52480 |
| section, or an amendment to such protocols, the state board of | 52481 |
| emergency medical and transportation services shall provide | 52482 |
| written notice of the approval and a copy of the protocols or | 52483 |
| amendment to each entity in the region in which the protocols | 52484 |
| apply to which the board is required to send a copy of the state | 52485 |
| triage protocols adopted under division (A) of this section. | 52486 |
| (C)(1) The state board of emergency medical and | 52487 |
| transportation services shall review the state triage protocols | 52488 |
| adopted under division (A) of this section at least every three | 52489 |
| years to determine if they are causing overtriage or undertriage | 52490 |
| of trauma patients, and shall modify them as necessary to minimize | 52491 |
| overtriage and undertriage. | 52492 |
| (2) Each regional physician advisory board or regional | 52493 |
| director that has had regional triage protocols approved under | 52494 |
| division (B)(2) of this section shall review the protocols at | 52495 |
| least every three years to determine if they are causing | 52496 |
| overtriage or undertriage of trauma patients and shall submit an | 52497 |
| appropriate amendment to the state board, as provided in division | 52498 |
| (B) of this section, as necessary to minimize overtriage and | 52499 |
| undertriage. The state board shall approve the amendment if it | 52500 |
| will reduce overtriage or undertriage while complying with | 52501 |
| division (B) of this section, and shall not otherwise approve the | 52502 |
| amendment. | 52503 |
| (D) No provider of emergency medical services or person who | 52504 |
| provides medical direction to emergency medical service personnel | 52505 |
| in this state shall fail to comply with the state triage protocols | 52506 |
| adopted under division (A) of this section or applicable regional | 52507 |
| triage protocols approved under division (B)(2) of this section. | 52508 |
| (E) The state board of emergency medical and transportation | 52509 |
| services shall adopt rules under section 4765.11 of the Revised | 52510 |
| Code that provide for enforcement of the state triage protocols | 52511 |
| adopted under division (A) of this section and regional triage | 52512 |
| protocols approved under division (B)(2) of this section, and for | 52513 |
| education regarding those protocols for emergency medical service | 52514 |
| organizations and personnel, regional directors and regional | 52515 |
| physician advisory boards, emergency medical service instructors, | 52516 |
| and persons who regularly provide medical direction to emergency | 52517 |
| medical service personnel in this state. | 52518 |
| Sec. 4765.42. Each emergency medical service organization | 52519 |
| shall give notice of the name of its medical director or the names | 52520 |
| of the members of its cooperating physician advisory board to the | 52521 |
| state board of emergency medical and transportation services. The | 52522 |
| notice shall be made in writing. | 52523 |
| Sec. 4765.48. The attorney general, the prosecuting attorney | 52524 |
| of the county, or the city director of law shall, upon complaint | 52525 |
| of the state board of emergency medical and transportation | 52526 |
| services, prosecute to termination or bring an action for | 52527 |
| injunction against any person violating this chapter or the rules | 52528 |
| adopted under it. The common pleas court in which an action for | 52529 |
| injunction is filed has the jurisdiction to grant injunctive | 52530 |
| relief upon a showing that the respondent named in the complaint | 52531 |
| is in violation of this chapter or the rules adopted under it. | 52532 |
| Sec. 4765.49. (A) A first responder, emergency medical | 52533 |
| technician-basic, emergency medical technician-intermediate, or | 52534 |
| emergency medical technician-paramedic is not liable in damages in | 52535 |
| a civil action for injury, death, or loss to person or property | 52536 |
| resulting from the individual's administration of emergency | 52537 |
| medical services, unless the services are administered in a manner | 52538 |
| that constitutes willful or wanton misconduct. A physician or | 52539 |
| registered nurse designated by a physician, who is advising or | 52540 |
| assisting in the emergency medical services by means of any | 52541 |
| communication device or telemetering system, is not liable in | 52542 |
| damages in a civil action for injury, death, or loss to person or | 52543 |
| property resulting from the individual's advisory communication or | 52544 |
| assistance, unless the advisory communication or assistance is | 52545 |
| provided in a manner that constitutes willful or wanton | 52546 |
| misconduct. Medical directors and members of cooperating physician | 52547 |
| advisory boards of emergency medical service organizations are not | 52548 |
| liable in damages in a civil action for injury, death, or loss to | 52549 |
| person or property resulting from their acts or omissions in the | 52550 |
| performance of their duties, unless the act or omission | 52551 |
| constitutes willful or wanton misconduct. | 52552 |
| (B) A political subdivision, joint ambulance district, joint | 52553 |
| emergency medical services district, or other public agency, and | 52554 |
| any officer or employee of a public agency or of a private | 52555 |
| organization operating under contract or in joint agreement with | 52556 |
| one or more political subdivisions, that provides emergency | 52557 |
| medical services, or that enters into a joint agreement or a | 52558 |
| contract with the state, any political subdivision, joint | 52559 |
| ambulance district, or joint emergency medical services district | 52560 |
| for the provision of emergency medical services, is not liable in | 52561 |
| damages in a civil action for injury, death, or loss to person or | 52562 |
| property arising out of any actions taken by a first responder, | 52563 |
| EMT-basic, EMT-I, or paramedic working under the officer's or | 52564 |
| employee's jurisdiction, or for injury, death, or loss to person | 52565 |
| or property arising out of any actions of licensed medical | 52566 |
| personnel advising or assisting the first responder, EMT-basic, | 52567 |
| EMT-I, or paramedic, unless the services are provided in a manner | 52568 |
| that constitutes willful or wanton misconduct. | 52569 |
| (C) A student who is enrolled in an emergency medical | 52570 |
| services training program accredited under section 4765.17 of the | 52571 |
| Revised Code or an emergency medical services continuing education | 52572 |
| program approved under that section is not liable in damages in a | 52573 |
| civil action for injury, death, or loss to person or property | 52574 |
| resulting from either of the following: | 52575 |
| (1) The student's administration of emergency medical | 52576 |
| services or patient care or treatment, if the services, care, or | 52577 |
| treatment is administered while the student is under the direct | 52578 |
| supervision and in the immediate presence of an EMT-basic, EMT-I, | 52579 |
| paramedic, registered nurse, or physician and while the student is | 52580 |
| receiving clinical training that is required by the program, | 52581 |
| unless the services, care, or treatment is provided in a manner | 52582 |
| that constitutes willful or wanton misconduct; | 52583 |
| (2) The student's training as an ambulance driver, unless the | 52584 |
| driving is done in a manner that constitutes willful or wanton | 52585 |
| misconduct. | 52586 |
| (D) An EMT-basic, EMT-I, paramedic, or other operator, who | 52587 |
| holds a valid commercial driver's license issued pursuant to | 52588 |
| Chapter 4506. of the Revised Code or driver's license issued | 52589 |
| pursuant to Chapter 4507. of the Revised Code and who is employed | 52590 |
| by an emergency medical service organization that is not owned or | 52591 |
| operated by a political subdivision as defined in section 2744.01 | 52592 |
| of the Revised Code, is not liable in damages in a civil action | 52593 |
| for injury, death, or loss to person or property that is caused by | 52594 |
| the operation of an ambulance by the EMT-basic, EMT-I, paramedic, | 52595 |
| or other operator while responding to or completing a call for | 52596 |
| emergency medical services, unless the operation constitutes | 52597 |
| willful or wanton misconduct or does not comply with the | 52598 |
| precautions of section 4511.03 of the Revised Code. An emergency | 52599 |
| medical service organization is not liable in damages in a civil | 52600 |
| action for any injury, death, or loss to person or property that | 52601 |
| is caused by the operation of an ambulance by its employee or | 52602 |
| agent, if this division grants the employee or agent immunity from | 52603 |
| civil liability for the injury, death, or loss. | 52604 |
| (E) An employee or agent of an emergency medical service | 52605 |
| organization who receives requests for emergency medical services | 52606 |
| that are directed to the organization, dispatches first | 52607 |
| responders, EMTs-basic, EMTs-I, or paramedics in response to those | 52608 |
| requests, communicates those requests to those employees or agents | 52609 |
| of the organization who are authorized to dispatch first | 52610 |
| responders, EMTs-basic, EMTs-I, or paramedics, or performs any | 52611 |
| combination of these functions for the organization, is not liable | 52612 |
| in damages in a civil action for injury, death, or loss to person | 52613 |
| or property resulting from the individual's acts or omissions in | 52614 |
| the performance of those duties for the organization, unless an | 52615 |
| act or omission constitutes willful or wanton misconduct. | 52616 |
| (F) A person who is performing the functions of a first | 52617 |
| responder, EMT-basic, EMT-I, or paramedic under the authority of | 52618 |
| the laws of a state that borders this state and who provides | 52619 |
| emergency medical services to or transportation of a patient in | 52620 |
| this state is not liable in damages in a civil action for injury, | 52621 |
| death, or loss to person or property resulting from the person's | 52622 |
| administration of emergency medical services, unless the services | 52623 |
| are administered in a manner that constitutes willful or wanton | 52624 |
| misconduct. A physician or registered nurse designated by a | 52625 |
| physician, who is licensed to practice in the adjoining state and | 52626 |
| who is advising or assisting in the emergency medical services by | 52627 |
| means of any communication device or telemetering system is not | 52628 |
| liable in damages in a civil action for injury, death, or loss to | 52629 |
| person or property resulting from the person's advisory | 52630 |
| communication or assistance, unless the advisory communication or | 52631 |
| assistance is provided in a manner that constitutes willful or | 52632 |
| wanton misconduct. | 52633 |
| (G) A person certified under section 4765.23 of the Revised | 52634 |
| Code to teach in an emergency medical services training program or | 52635 |
| emergency medical services continuing education program, and a | 52636 |
| person who teaches at the Ohio fire academy established under | 52637 |
| section 3737.33 of the Revised Code or in a fire service training | 52638 |
| program described in division (A) of section 4765.55 of the | 52639 |
| Revised Code, is not liable in damages in a civil action for | 52640 |
| injury, death, or loss to person or property resulting from the | 52641 |
| person's acts or omissions in the performance of the person's | 52642 |
| duties, unless an act or omission constitutes willful or wanton | 52643 |
| misconduct. | 52644 |
| (H) In the accreditation of emergency medical services | 52645 |
| training programs or approval of emergency medical services | 52646 |
| continuing education programs, the state board of emergency | 52647 |
| medical and transportation services and any person or entity | 52648 |
| authorized by the board to evaluate applications for accreditation | 52649 |
| or approval are not liable in damages in a civil action for | 52650 |
| injury, death, or loss to person or property resulting from their | 52651 |
| acts or omissions in the performance of their duties, unless an | 52652 |
| act or omission constitutes willful or wanton misconduct. | 52653 |
| (I) A person authorized by an emergency medical service | 52654 |
| organization to review the performance of first responders, | 52655 |
| EMTs-basic, EMTs-I, and paramedics or to administer quality | 52656 |
| assurance programs is not liable in damages in a civil action for | 52657 |
| injury, death, or loss to person or property resulting from the | 52658 |
| person's acts or omissions in the performance of the person's | 52659 |
| duties, unless an act or omission constitutes willful or wanton | 52660 |
| misconduct. | 52661 |
| Sec. 4765.55. (A) The executive director of the state board | 52662 |
| of emergency medical and transportation services, with the advice | 52663 |
| and counsel of the firefighter and fire safety inspector training | 52664 |
| committee of the state board of emergency medical and | 52665 |
| transportation services, shall assist in the establishment and | 52666 |
| maintenance by any state agency, or any county, township, city, | 52667 |
| village, school district, or educational service center of a fire | 52668 |
| service training program for the training of all persons in | 52669 |
| positions of any fire training certification level approved by the | 52670 |
| executive director, including full-time paid firefighters, | 52671 |
|
part-time paid firefighters, volunteer firefighters, and | 52672 |
| safety inspectors in this state. The executive director, with the | 52673 |
| advice and counsel of the committee, shall adopt rules to regulate | 52674 |
| those firefighter and fire safety inspector training programs, and | 52675 |
| other training programs approved by the executive director. The | 52676 |
| rules may include, but need not be limited to, training | 52677 |
| curriculum, certification examinations, training schedules, | 52678 |
| minimum hours of instruction, attendance requirements, required | 52679 |
| equipment and facilities, basic physical requirements, and methods | 52680 |
| of training for all persons in positions of any fire training | 52681 |
| certification level approved by the executive director, including | 52682 |
| full-time paid firefighters, part-time paid firefighters, | 52683 |
| volunteer firefighters, and fire safety inspectors. The rules | 52684 |
| adopted to regulate training programs for volunteer firefighters | 52685 |
| shall not require more than thirty-six hours of training. | 52686 |
| The executive director, with the advice and counsel of the | 52687 |
| committee, shall provide for the classification and chartering of | 52688 |
| fire service training programs in accordance with rules adopted | 52689 |
| under division (B) of this section, and may take action against | 52690 |
| any chartered training program or applicant, in accordance with | 52691 |
| rules adopted under divisions (B)(4) and (5) of this section, for | 52692 |
| failure to meet standards set by the adopted rules. | 52693 |
| (B) The executive director, with the advice and counsel of | 52694 |
| the firefighter and fire safety inspector training committee of | 52695 |
| the state board of emergency medical and transportation services, | 52696 |
| shall adopt, and may amend or rescind, rules under Chapter 119. of | 52697 |
| the Revised Code that establish all of the following: | 52698 |
| (1) Requirements for, and procedures for chartering, the | 52699 |
| training programs regulated by this section; | 52700 |
| (2) Requirements for, and requirements and procedures for | 52701 |
| obtaining and renewing, an instructor certificate to teach the | 52702 |
| training programs and continuing education classes regulated by | 52703 |
| this section; | 52704 |
| (3) Requirements for, and requirements and procedures for | 52705 |
| obtaining and renewing, any of the fire training certificates | 52706 |
| regulated by this section; | 52707 |
| (4) Grounds and procedures for suspending, revoking, | 52708 |
| restricting, or refusing to issue or renew any of the certificates | 52709 |
| or charters regulated by this section, which grounds shall be | 52710 |
| limited to one of the following: | 52711 |
| (a) Failure to satisfy the education or training requirements | 52712 |
| of this section; | 52713 |
| (b) Conviction of a felony offense; | 52714 |
| (c) Conviction of a misdemeanor involving moral turpitude; | 52715 |
| (d) Conviction of a misdemeanor committed in the course of | 52716 |
| practice; | 52717 |
| (e) In the case of a chartered training program or applicant, | 52718 |
| failure to meet standards set by the rules adopted under this | 52719 |
| division. | 52720 |
| (5) Grounds and procedures for imposing and collecting fines, | 52721 |
| not to exceed one thousand dollars, in relation to actions taken | 52722 |
| under division (B)(4) of this section against persons holding | 52723 |
| certificates and charters regulated by this section, the fines to | 52724 |
| be deposited into the trauma and emergency medical services fund | 52725 |
| established under section 4513.263 of the Revised Code; | 52726 |
| (6) Continuing education requirements for certificate | 52727 |
| holders, including a requirement that credit shall be granted for | 52728 |
| in-service training programs conducted by local entities; | 52729 |
| (7) Procedures for considering the granting of an extension | 52730 |
| or exemption of fire service continuing education requirements; | 52731 |
| (8) Certification cycles for which the certificates and | 52732 |
| charters regulated by this section are valid. | 52733 |
| (C) The executive director, with the advice and counsel of | 52734 |
| the firefighter and fire safety inspector training committee of | 52735 |
| the state board of emergency medical and transportation services, | 52736 |
| shall issue or renew an instructor certificate to teach the | 52737 |
| training programs and continuing education classes regulated by | 52738 |
| this section to any applicant that the executive director | 52739 |
| determines meets the qualifications established in rules adopted | 52740 |
| under division (B) of this section, and may take disciplinary | 52741 |
| action against an instructor certificate holder or applicant in | 52742 |
| accordance with rules adopted under division (B) of this section. | 52743 |
| The executive director, with the advice and counsel of the | 52744 |
| committee, shall charter or renew the charter of any training | 52745 |
| program that the executive director determines meets the | 52746 |
| qualifications established in rules adopted under division (B) of | 52747 |
| this section, and may take disciplinary action against the holder | 52748 |
| of a charter in accordance with rules adopted under division (B) | 52749 |
| of this section. | 52750 |
| (D) The executive director shall issue or renew a fire | 52751 |
| training certificate for a firefighter, a fire safety inspector, | 52752 |
| or another position of any fire training certification level | 52753 |
| approved by the executive director, to any applicant that the | 52754 |
| executive director determines meets the qualifications established | 52755 |
| in rules adopted under division (B) of this section and may take | 52756 |
| disciplinary actions against a certificate holder or applicant in | 52757 |
| accordance with rules adopted under division (B) of this section. | 52758 |
| (E) Certificates issued under this section shall be on a form | 52759 |
| prescribed by the executive director, with the advice and counsel | 52760 |
| of the firefighter and fire safety inspector training committee of | 52761 |
| the state board of emergency medical and transportation services. | 52762 |
| (F)(1) The executive director, with the advice and counsel of | 52763 |
| the firefighter and fire safety inspector training committee of | 52764 |
| the state board of emergency medical and transportation services, | 52765 |
| shall establish criteria for evaluating the standards maintained | 52766 |
| by other states and the branches of the United States military for | 52767 |
| firefighter, fire safety inspector, and fire instructor training | 52768 |
| programs, and other training programs recognized by the executive | 52769 |
| director, to determine whether the standards are equivalent to | 52770 |
| those established under this section and shall establish | 52771 |
| requirements and procedures for issuing a certificate to each | 52772 |
| person who presents proof to the executive director of having | 52773 |
| satisfactorily completed a training program that meets those | 52774 |
| standards. | 52775 |
| (2) The executive director, with the committee's advice and | 52776 |
| counsel, shall adopt rules establishing requirements and | 52777 |
| procedures for issuing a fire training certificate in lieu of | 52778 |
| completing a chartered training program. | 52779 |
| (G) Nothing in this section invalidates any other section of | 52780 |
| the Revised Code relating to the fire training academy. Section | 52781 |
| 4765.11 of the Revised Code does not affect any powers and duties | 52782 |
| granted to the executive director under this section. | 52783 |
| Sec. 4765.56. On receipt of a notice pursuant to section | 52784 |
| 3123.43 of the Revised Code, the state board of emergency medical | 52785 |
| and transportation services shall comply with sections 3123.41 to | 52786 |
| 3123.50 of the Revised Code and any applicable rules adopted under | 52787 |
| section 3123.63 of the Revised Code with respect to a certificate | 52788 |
| to practice issued pursuant to this chapter. | 52789 |
| Sec. 4766.01. As used in this chapter: | 52790 |
| (A) "Advanced life support" means treatment described in | 52791 |
| section 4765.39 of the Revised Code that a paramedic is certified | 52792 |
| to perform. | 52793 |
| (B) "Air medical service organization" means an organization | 52794 |
| that furnishes, conducts, maintains, advertises, promotes, or | 52795 |
| otherwise engages in providing medical services with a rotorcraft | 52796 |
| air ambulance or fixed wing air ambulance. | 52797 |
| (C) "Air medical transportation" means the transporting of a | 52798 |
| patient by rotorcraft air ambulance or fixed wing air ambulance | 52799 |
| with appropriately licensed and certified medical personnel. | 52800 |
| (D) "Ambulance" means any motor vehicle that is specifically | 52801 |
| designed, constructed, or modified and equipped and is intended to | 52802 |
| be used to provide basic life support, intermediate life support, | 52803 |
| advanced life support, or mobile intensive care unit services and | 52804 |
| transportation upon the streets or highways of this state of | 52805 |
| persons who are seriously ill, injured, wounded, or otherwise | 52806 |
| incapacitated or helpless. "Ambulance" does not include air | 52807 |
| medical transportation or a vehicle designed and used solely for | 52808 |
| the transportation of nonstretcher-bound persons, whether | 52809 |
| hospitalized or handicapped or whether ambulatory or confined to a | 52810 |
| wheelchair. | 52811 |
| (E) "Ambulette" means a motor vehicle that is specifically | 52812 |
| designed, constructed, or modified and equipped and is intended to | 52813 |
| be used for transportation upon the streets or highways of this | 52814 |
| state of persons who require use of a wheelchair. | 52815 |
| (F) "Basic life support" means treatment described in section | 52816 |
|
4765.37 of the Revised Code that an
| 52817 |
| perform. | 52818 |
| (G) "Disaster situation" means any condition or situation | 52819 |
|
described by rule of the | 52820 |
| and transportation | 52821 |
| emergency, natural disaster, or national emergency. | 52822 |
| (H) "Emergency medical service organization" means an | 52823 |
|
organization that uses | 52824 |
|
paramedics, or a combination of | 52825 |
| EMTs, and paramedics, to provide medical care to victims of | 52826 |
| illness or injury. An emergency medical service organization | 52827 |
| includes, but is not limited to, a commercial ambulance service | 52828 |
| organization, a hospital, and a funeral home. | 52829 |
| (I) " | 52830 |
| have the same meanings as in section 4765.01 of the Revised Code. | 52831 |
| (J) "Fixed wing air ambulance" means a fixed wing aircraft | 52832 |
| that is specifically designed, constructed, or modified and | 52833 |
| equipped and is intended to be used as a means of air medical | 52834 |
| transportation. | 52835 |
| (K) "Intermediate life support" means treatment described in | 52836 |
|
section 4765.38 of the Revised Code that an | 52837 |
| certified to perform. | 52838 |
| (L) "Major emergency" means any emergency event that cannot | 52839 |
| be resolved through the use of locally available emergency | 52840 |
| resources. | 52841 |
| (M) "Mass casualty" means an emergency event that results in | 52842 |
| ten or more persons being injured, incapacitated, made ill, or | 52843 |
| killed. | 52844 |
| (N) "Medical emergency" means an unforeseen event affecting | 52845 |
| an individual in such a manner that a need for immediate care is | 52846 |
| created. | 52847 |
| (O) "Mobile intensive care unit" means an ambulance used only | 52848 |
| for maintaining specialized or intensive care treatment and used | 52849 |
| primarily for interhospital transports of patients whose | 52850 |
| conditions require care beyond the scope of a paramedic as | 52851 |
| provided in section 4765.39 of the Revised Code. | 52852 |
| (P)(1) "Nonemergency medical service organization" means a | 52853 |
| person that does both of the following: | 52854 |
| (a) Provides services to the public on a regular basis for | 52855 |
| the purpose of transporting individuals who require the use of a | 52856 |
| wheelchair or are confined to a wheelchair to receive health care | 52857 |
| services at health care facilities or health care practitioners' | 52858 |
| offices in nonemergency circumstances; | 52859 |
| (b) Provides the services for a fee, regardless of whether | 52860 |
| the fee is paid by the person being transported, a third party | 52861 |
| payer, as defined in section 3702.51 of the Revised Code, or any | 52862 |
| other person or government entity. | 52863 |
| (2) "Nonemergency medical service organization" does not | 52864 |
| include a health care facility, as defined in section 1751.01 of | 52865 |
| the Revised Code, that provides ambulette services only to | 52866 |
| patients of that facility. | 52867 |
| (Q) "Nontransport vehicle" means a motor vehicle operated by | 52868 |
| a licensed emergency medical service organization not as an | 52869 |
| ambulance, but as a vehicle for providing services in conjunction | 52870 |
| with the ambulances operated by the organization or other | 52871 |
| emergency medical service organizations. | 52872 |
| (R) "Patient" means any individual who as a result of illness | 52873 |
| or injury needs medical attention, whose physical or mental | 52874 |
| condition is such that there is imminent danger of loss of life or | 52875 |
| significant health impairment, who may be otherwise incapacitated | 52876 |
| or helpless as a result of a physical or mental condition, or | 52877 |
| whose physical condition requires the use of a wheelchair. | 52878 |
| (S) "Rotorcraft air ambulance" means a helicopter or other | 52879 |
| aircraft capable of vertical takeoffs, vertical landings, and | 52880 |
| hovering that is specifically designed, constructed, or modified | 52881 |
| and equipped and is intended to be used as a means of air medical | 52882 |
| transportation. | 52883 |
| Sec. 4766.03. (A) The | 52884 |
| and transportation | 52885 |
| with Chapter 119. of the Revised Code, implementing the | 52886 |
| requirements of this chapter. The rules shall include provisions | 52887 |
| relating to the following: | 52888 |
| (1) Requirements for an emergency medical service | 52889 |
| organization to receive a permit for an ambulance or nontransport | 52890 |
| vehicle; | 52891 |
| (2) Requirements for an emergency medical service | 52892 |
| organization to receive a license as a basic life-support, | 52893 |
| intermediate life-support, advanced life-support, or mobile | 52894 |
| intensive care unit organization; | 52895 |
| (3) Requirements for a nonemergency medical service | 52896 |
| organization to receive a permit for an ambulette vehicle; | 52897 |
| (4) Requirements for a nonemergency medical service | 52898 |
| organization to receive a license for an ambulette service; | 52899 |
| (5) Requirements for an air medical service organization to | 52900 |
| receive a permit for a rotorcraft air ambulance or fixed wing air | 52901 |
| ambulance; | 52902 |
| (6) Requirements for licensure of air medical service | 52903 |
| organizations; | 52904 |
| (7) Forms for applications and renewals of licenses and | 52905 |
| permits; | 52906 |
| (8) Requirements for record keeping of service responses made | 52907 |
| by licensed emergency medical service organizations; | 52908 |
| (9) Fee amounts for licenses and permits, and their renewals; | 52909 |
| (10) Inspection requirements for licensees' vehicles or | 52910 |
| aircraft, records, and physical facilities; | 52911 |
| (11) Fee amounts for inspections of ambulances, ambulettes, | 52912 |
| rotorcraft air ambulances, fixed wing air ambulances, and | 52913 |
| nontransport vehicles; | 52914 |
| (12) Requirements for ambulances and nontransport vehicles | 52915 |
| used by licensed emergency medical service organizations, for | 52916 |
| ambulette vehicles used by licensed nonemergency medical service | 52917 |
| organizations, and for rotorcraft air ambulances or fixed wing air | 52918 |
| ambulances used by licensed air medical service organizations that | 52919 |
| specify for each type of vehicle or aircraft the types of | 52920 |
| equipment that must be carried, the communication systems that | 52921 |
| must be maintained, and the personnel who must staff the vehicle | 52922 |
| or aircraft; | 52923 |
| (13) The level of care each type of emergency medical service | 52924 |
| organization, nonemergency medical service organization, and air | 52925 |
| medical service organization is authorized to provide; | 52926 |
| (14) Eligibility requirements for employment as an ambulette | 52927 |
| driver, including grounds for disqualification due to the results | 52928 |
| of a motor vehicle law violation check, chemical test, or criminal | 52929 |
| records check. The rule may require that an applicant for | 52930 |
| employment as an ambulette driver provide a set of fingerprints to | 52931 |
| law enforcement authorities if the applicant comes under final | 52932 |
| consideration for employment. | 52933 |
| (15) Any other rules that the board determines necessary for | 52934 |
| the implementation and enforcement of this chapter. | 52935 |
| (B) In the rules for ambulances and nontransport vehicles | 52936 |
| adopted under division (A)(12) of this section, the board may | 52937 |
| establish requirements that vary according to whether the | 52938 |
| emergency medical service organization using the vehicles is | 52939 |
| licensed as a basic life-support, intermediate life-support, | 52940 |
| advanced life-support, or mobile intensive care unit organization. | 52941 |
| (C) A mobile intensive care unit that is not dually certified | 52942 |
| to provide advanced life-support and meets the requirements of the | 52943 |
| rules adopted under this section is not required to carry | 52944 |
| immobilization equipment, including board splint kits, traction | 52945 |
| splints, backboards, backboard straps, cervical immobilization | 52946 |
| devices, cervical collars, stair chairs, folding cots, or other | 52947 |
| types of immobilization equipment determined by the board to be | 52948 |
| unnecessary for mobile intensive care units. | 52949 |
| A mobile intensive care unit is exempt from the emergency | 52950 |
| medical technician staffing requirements of section 4765.43 of the | 52951 |
| Revised Code when it is staffed by at least one physician or | 52952 |
| registered nurse and another person, designated by a physician, | 52953 |
| who holds a valid license or certificate to practice in a health | 52954 |
| care profession, and when at least one of the persons staffing the | 52955 |
| mobile intensive care unit is a registered nurse whose training | 52956 |
| meets or exceeds the training required for a paramedic. | 52957 |
| Sec. 4766.04. (A) Except as otherwise provided in this | 52958 |
| chapter, no person shall furnish, operate, conduct, maintain, | 52959 |
| advertise, engage in, or propose or profess to engage in the | 52960 |
| business or service in this state of transporting persons who are | 52961 |
| seriously ill, injured, or otherwise incapacitated or who require | 52962 |
| the use of a wheelchair or are confined to a wheelchair unless the | 52963 |
| person is licensed pursuant to this section. | 52964 |
| (B) To qualify for a license as a basic life-support, | 52965 |
| intermediate life-support, advanced life-support, or mobile | 52966 |
| intensive care unit organization, an emergency medical service | 52967 |
| organization shall do all of the following: | 52968 |
| (1) Apply for a permit for each ambulance and nontransport | 52969 |
| vehicle owned or leased as provided in section 4766.07 of the | 52970 |
| Revised Code; | 52971 |
| (2) Meet all requirements established in rules adopted by the | 52972 |
| 52973 | |
| services regarding ambulances and nontransport vehicles, including | 52974 |
| requirements pertaining to equipment, communications systems, | 52975 |
| staffing, and level of care the particular organization is | 52976 |
| permitted to render; | 52977 |
| (3) Maintain the appropriate type and amount of insurance as | 52978 |
| specified in section 4766.06 of the Revised Code; | 52979 |
| (4) Meet all other requirements established under rules | 52980 |
| adopted by the board for the particular license. | 52981 |
| (C) To qualify for a license to provide ambulette service, a | 52982 |
| nonemergency medical service organization shall do all of the | 52983 |
| following: | 52984 |
| (1) Apply for a permit for each ambulette owned or leased as | 52985 |
| provided in section 4766.07 of the Revised Code; | 52986 |
| (2) Meet all requirements established in rules adopted by the | 52987 |
| 52988 | |
| services regarding ambulettes, including requirements pertaining | 52989 |
| to equipment, communication systems, staffing, and level of care | 52990 |
| the organization is permitted to render; | 52991 |
| (3) Maintain the appropriate type and amount of insurance as | 52992 |
| specified in section 4766.06 of the Revised Code; | 52993 |
| (4) Meet all other requirements established under rules | 52994 |
| adopted by the board for the license. | 52995 |
| (D) To qualify for a license to provide air medical | 52996 |
| transportation, an air medical service organization shall do all | 52997 |
| of the following: | 52998 |
| (1) Apply for a permit for each rotorcraft air ambulance and | 52999 |
| fixed wing air ambulance owned or leased as provided in section | 53000 |
| 4766.07 of the Revised Code; | 53001 |
| (2) Meet all requirements established in rules adopted by the | 53002 |
| 53003 | |
| services regarding rotorcraft air ambulances and fixed wing air | 53004 |
| ambulances, including requirements pertaining to equipment, | 53005 |
| communication systems, staffing, and level of care the | 53006 |
| organization is permitted to render; | 53007 |
| (3) Maintain the appropriate type and amount of insurance as | 53008 |
| specified in section 4766.06 of the Revised Code; | 53009 |
| (4) Meet all other requirements established under rules | 53010 |
| adopted by the board for the license. | 53011 |
| (E) An emergency medical service organization that applies | 53012 |
| for a license as a basic life-support, intermediate life-support, | 53013 |
| advanced life-support, or mobile intensive care unit organization; | 53014 |
| a nonemergency medical service organization that applies for a | 53015 |
| license to provide ambulette service; or an air medical service | 53016 |
| organization that applies for a license to provide air medical | 53017 |
| transportation shall submit a completed application to the board, | 53018 |
| on a form provided by the board for each particular license, | 53019 |
| together with the appropriate fees established under section | 53020 |
| 4766.05 of the Revised Code. The application form shall include | 53021 |
| all of the following: | 53022 |
| (1) The name and business address of the operator of the | 53023 |
| organization for which licensure is sought; | 53024 |
| (2) The name under which the applicant will operate the | 53025 |
| organization; | 53026 |
| (3) A list of the names and addresses of all officers and | 53027 |
| directors of the organization; | 53028 |
| (4) For emergency medical service organizations and | 53029 |
| nonemergency medical service organizations, a description of each | 53030 |
| vehicle to be used, including the make, model, year of | 53031 |
| manufacture, mileage, vehicle identification number, and the color | 53032 |
| scheme, insignia, name, monogram, or other distinguishing | 53033 |
| characteristics to be used to designate the applicant's vehicle; | 53034 |
| (5) For air medical service organizations using fixed wing | 53035 |
| air ambulances, a description of each aircraft to be used, | 53036 |
| including the make, model, year of manufacture, and aircraft hours | 53037 |
| on airframe; | 53038 |
| (6) For air medical service organizations using rotorcraft | 53039 |
| air ambulances, a description of each aircraft to be used, | 53040 |
| including the make, model, year of manufacture, aircraft hours on | 53041 |
| airframe, aircraft identification number, and the color scheme, | 53042 |
| insignia, name, monogram, or other distinguishing characteristics | 53043 |
| to be used to designate the applicant's rotorcraft air ambulance; | 53044 |
| (7) The location and description of each place from which the | 53045 |
| organization will operate; | 53046 |
| (8) A description of the geographic area to be served by the | 53047 |
| applicant; | 53048 |
| (9) Any other information the board, by rule, determines | 53049 |
| necessary. | 53050 |
| (F) Within sixty days after receiving a completed application | 53051 |
| for licensure as a basic life-support, intermediate life-support, | 53052 |
| advanced life-support, or mobile intensive care unit organization; | 53053 |
| an ambulette service; or an air medical service organization, the | 53054 |
| board shall approve or deny the application. The board shall deny | 53055 |
| an application if it determines that the applicant does not meet | 53056 |
| the requirements of this chapter or any rules adopted under it. | 53057 |
| The board shall send notice of the denial of an application by | 53058 |
| certified mail to the applicant. The applicant may request a | 53059 |
| hearing within ten days after receipt of the notice. If the board | 53060 |
| receives a timely request, it shall hold a hearing in accordance | 53061 |
| with Chapter 119. of the Revised Code. | 53062 |
| (G) If an applicant or licensee operates or plans to operate | 53063 |
| an organization in more than one location under the same or | 53064 |
| different identities, the applicant or licensee shall apply for | 53065 |
| and meet all requirements for licensure or renewal of a license, | 53066 |
| other than payment of a license fee or renewal fee, for operating | 53067 |
| the organization at each separate location. An applicant or | 53068 |
| licensee that operates or plans to operate under the same | 53069 |
| organization identity in separate locations shall pay only a | 53070 |
| single license fee. | 53071 |
| (H) An emergency medical service organization that wishes to | 53072 |
| provide ambulette services to the public must apply for a separate | 53073 |
| license under division (C) of this section. | 53074 |
| (I) Each license issued under this section and each permit | 53075 |
| issued under section 4766.07 of the Revised Code expires one year | 53076 |
| after the date of issuance and may be renewed in accordance with | 53077 |
| the standard renewal procedures of Chapter 4745. of the Revised | 53078 |
| Code. An application for renewal shall include the license or | 53079 |
| permit renewal fee established under section 4766.05 of the | 53080 |
| Revised Code. An applicant for renewal of a permit also shall | 53081 |
| submit to the board proof of an annual inspection of the vehicle | 53082 |
| or aircraft for which permit renewal is sought. The board shall | 53083 |
| renew a license if the applicant meets the requirements for | 53084 |
| licensure and shall renew a permit if the applicant and vehicle or | 53085 |
| aircraft meet the requirements to maintain a permit for that | 53086 |
| vehicle or aircraft. | 53087 |
| (J) Each licensee shall maintain accurate records of all | 53088 |
| service responses conducted. The records shall be maintained on | 53089 |
| forms prescribed by the board and shall contain information as | 53090 |
| specified by rule by the board. | 53091 |
| Sec. 4766.05. (A) The | 53092 |
| and transportation | 53093 |
| license fee, a permit fee for each ambulance, ambulette, | 53094 |
| rotorcraft air ambulance, fixed wing air ambulance, and | 53095 |
| nontransport vehicle owned or leased by the licensee that is or | 53096 |
| will be used as provided in section 4766.07 of the Revised Code, | 53097 |
| and fees for renewals of licenses and permits, taking into | 53098 |
| consideration the actual costs incurred by the board in carrying | 53099 |
| out its duties under this chapter. However, the fee for each | 53100 |
| license and each renewal of a license shall not exceed one hundred | 53101 |
| dollars, and the fee for each permit and each renewal of a permit | 53102 |
| shall not exceed one hundred dollars for each ambulance, | 53103 |
| rotorcraft air ambulance, fixed wing air ambulance, and | 53104 |
|
nontransport vehicle. The | 53105 |
| 53106 | |
| 53107 | |
| rule the fee, which shall not exceed fifty dollars, for each | 53108 |
| permit and each renewal of a permit for each ambulette. For | 53109 |
| purposes of establishing fees, "actual costs" includes the costs | 53110 |
| of salaries, expenses, inspection equipment, supervision, and | 53111 |
| program administration. | 53112 |
| (B) The board shall deposit all fees and other moneys | 53113 |
| collected pursuant to sections 4766.04, 4766.07, and 4766.08 of | 53114 |
| the Revised Code in the state treasury to the credit of the | 53115 |
| occupational licensing and regulatory fund, which is created by | 53116 |
| section 4743.05 of the Revised Code. All moneys from the fund | 53117 |
| shall be used solely for the salaries and expenses of the board | 53118 |
| incurred in implementing and enforcing this chapter. | 53119 |
| (C) The board, subject to the approval of the controlling | 53120 |
| board, may establish fees in excess of the maximum amounts allowed | 53121 |
| under division (A) of this section, but such fees shall not exceed | 53122 |
| those maximum amounts by more than fifty per cent. | 53123 |
| Sec. 4766.07. (A) Except as otherwise provided by rule of | 53124 |
|
the | 53125 |
| services, each emergency medical service organization, | 53126 |
| nonemergency medical service organization, and air medical service | 53127 |
| organization subject to licensure under this chapter shall possess | 53128 |
| a valid permit for each ambulance, ambulette, rotorcraft air | 53129 |
| ambulance, fixed wing air ambulance, and nontransport vehicle it | 53130 |
| owns or leases that is or will be used by the licensee to perform | 53131 |
| the services permitted by the license. Each licensee and license | 53132 |
| applicant shall submit the appropriate fee and an application for | 53133 |
| a permit for each ambulance, ambulette, rotorcraft air ambulance, | 53134 |
|
fixed wing air ambulance, and nontransport vehicle to the
| 53135 |
| state board of emergency medical and transportation | 53136 |
| on forms provided by the board. The application shall include | 53137 |
| documentation that the vehicle or aircraft meets the appropriate | 53138 |
| standards set by the board, that the vehicle or aircraft has been | 53139 |
| inspected pursuant to division (C) of this section, that the | 53140 |
| permit applicant maintains insurance as provided in section | 53141 |
| 4766.06 of the Revised Code, and that the vehicle or aircraft and | 53142 |
| permit applicant meet any other requirements established under | 53143 |
| rules adopted by the board. | 53144 |
| The | 53145 |
| 53146 | |
| the Revised Code to authorize the temporary use of a vehicle or | 53147 |
| aircraft for which a permit is not possessed under this section in | 53148 |
| back-up or disaster situations. | 53149 |
| (B)(1) Within sixty days after receiving a completed | 53150 |
| application for a permit, the board shall issue or deny the | 53151 |
| permit. The board shall deny an application if it determines that | 53152 |
| the permit applicant, vehicle, or aircraft does not meet the | 53153 |
| requirements of this chapter and the rules adopted under it that | 53154 |
| apply to permits for ambulances, ambulettes, rotorcraft air | 53155 |
| ambulances, fixed wing air ambulances, and nontransport vehicles. | 53156 |
| The board shall send notice of the denial of an application by | 53157 |
| certified mail to the permit applicant. The permit applicant may | 53158 |
| request a hearing within ten days after receipt of the notice. If | 53159 |
| the board receives a timely request, it shall hold a hearing in | 53160 |
| accordance with Chapter 119. of the Revised Code. | 53161 |
| (2) If the board issues the vehicle permit for an ambulance, | 53162 |
| ambulette, or nontransport vehicle, it also shall issue a decal, | 53163 |
| in a form prescribed by rule, to be displayed on the rear window | 53164 |
| of the vehicle. The board shall not issue a decal until all of the | 53165 |
| requirements for licensure and permit issuance have been met. | 53166 |
| (3) If the board issues the aircraft permit for a rotorcraft | 53167 |
| air ambulance or fixed wing air ambulance, it also shall issue a | 53168 |
| decal, in a form prescribed by rule, to be displayed on the left | 53169 |
| fuselage aircraft window in a manner that complies with all | 53170 |
| applicable federal aviation regulations. The board shall not issue | 53171 |
| a decal until all of the requirements for licensure and permit | 53172 |
| issuance have been met. | 53173 |
| (C) In addition to any other requirements that the board | 53174 |
| establishes by rule, a licensee or license applicant applying for | 53175 |
| an initial vehicle or aircraft permit under division (A) of this | 53176 |
| section shall submit to the board the vehicle or aircraft for | 53177 |
| which the permit is sought. Thereafter, a licensee shall annually | 53178 |
| submit to the board each vehicle or aircraft for which a permit | 53179 |
| has been issued. | 53180 |
| (1) The board shall conduct a physical inspection of an | 53181 |
| ambulance, ambulette, or nontransport vehicle to determine its | 53182 |
| roadworthiness and compliance with standard motor vehicle | 53183 |
| requirements. | 53184 |
| (2) The board shall conduct a physical inspection of the | 53185 |
| medical equipment, communication system, and interior of an | 53186 |
| ambulance to determine the operational condition and safety of the | 53187 |
| equipment and the ambulance's interior and to determine whether | 53188 |
| the ambulance is in compliance with the federal requirements for | 53189 |
| ambulance construction that were in effect at the time the | 53190 |
| ambulance was manufactured, as specified by the general services | 53191 |
| administration in the various versions of its publication titled | 53192 |
| "federal specification for the star-of-life ambulance, | 53193 |
| KKK-A-1822." | 53194 |
| (3) The board shall conduct a physical inspection of the | 53195 |
| equipment, communication system, and interior of an ambulette to | 53196 |
| determine the operational condition and safety of the equipment | 53197 |
| and the ambulette's interior and to determine whether the | 53198 |
| ambulette is in compliance with state requirements for ambulette | 53199 |
| construction. The board shall determine by rule requirements for | 53200 |
| the equipment, communication system, interior, and construction of | 53201 |
| an ambulette. | 53202 |
| (4) The board shall conduct a physical inspection of the | 53203 |
| medical equipment, communication system, and interior of a | 53204 |
| rotorcraft air ambulance or fixed wing air ambulance to determine | 53205 |
| the operational condition and safety of the equipment and the | 53206 |
| aircraft's interior. | 53207 |
| (5) The board shall issue a certificate to the applicant for | 53208 |
| each vehicle or aircraft that passes the inspection and may assess | 53209 |
| a fee for each inspection, as established by the board. | 53210 |
| (6) The board shall adopt rules regarding the implementation | 53211 |
| and coordination of inspections. The rules may permit the board to | 53212 |
| contract with a third party to conduct the inspections required of | 53213 |
| the board under this section. | 53214 |
| Sec. 4766.08. (A) The | 53215 |
| and transportation | 53216 |
| conducted in accordance with Chapter 119. of the Revised Code, may | 53217 |
| suspend or revoke any license or permit or renewal thereof issued | 53218 |
| under this chapter for any one or combination of the following | 53219 |
| causes: | 53220 |
| (1) Violation of this chapter or any rule adopted thereunder; | 53221 |
| (2) Refusal to permit the board to inspect a vehicle or | 53222 |
| aircraft used under the terms of a permit or to inspect the | 53223 |
| records or physical facilities of a licensee; | 53224 |
| (3) Failure to meet the ambulance, ambulette, rotorcraft air | 53225 |
| ambulance, fixed wing air ambulance, and nontransport vehicle | 53226 |
| requirements specified in this chapter or the rules adopted | 53227 |
| thereunder; | 53228 |
| (4) Violation of an order issued by the board; | 53229 |
| (5) Failure to comply with any of the terms of an agreement | 53230 |
| entered into with the board regarding the suspension or revocation | 53231 |
| of a license or permit or the imposition of a penalty under this | 53232 |
| section. | 53233 |
| (B) If the board determines that the records, record-keeping | 53234 |
| procedures, or physical facilities of a licensee, or an ambulance, | 53235 |
| ambulette, rotorcraft air ambulance, fixed wing air ambulance, or | 53236 |
| nontransport vehicle for which a valid permit has been issued, do | 53237 |
| not meet the standards specified in this chapter and the rules | 53238 |
| adopted thereunder, the board shall notify the licensee of any | 53239 |
| deficiencies within thirty days of finding the deficiencies. If | 53240 |
| the board determines that the deficiencies exist and they remain | 53241 |
| uncorrected after thirty days, the board may suspend the license, | 53242 |
| vehicle permit, or aircraft permit. The licensee, notwithstanding | 53243 |
| the suspension under this division, may operate until all appeals | 53244 |
| have been exhausted. | 53245 |
| (C) At the discretion of the board, a licensee whose license | 53246 |
| has been suspended or revoked under this section may be ineligible | 53247 |
| to be licensed under this chapter for a period of not more than | 53248 |
| three years from the date of the violation, provided that the | 53249 |
| board shall make no determination on a period of ineligibility | 53250 |
| until all the licensee's appeals relating to the suspension or | 53251 |
| revocation have been exhausted. | 53252 |
| (D) The board may, in addition to any other action taken | 53253 |
| under this section and after a hearing conducted pursuant to | 53254 |
| Chapter 119. of the Revised Code, impose a penalty of not more | 53255 |
| than fifteen hundred dollars for any violation specified in this | 53256 |
| section. The attorney general shall institute a civil action for | 53257 |
| the collection of any such penalty imposed. | 53258 |
| Sec. 4766.09. This chapter does not apply to any of the | 53259 |
| following: | 53260 |
| (A) A person rendering services with an ambulance in the | 53261 |
| event of a disaster situation when licensees' vehicles based in | 53262 |
| the locality of the disaster situation are incapacitated or | 53263 |
| insufficient in number to render the services needed; | 53264 |
| (B) Any person operating an ambulance, ambulette, rotorcraft | 53265 |
| air ambulance, or fixed wing air ambulance outside this state | 53266 |
| unless receiving a person within this state for transport to a | 53267 |
| location within this state; | 53268 |
| (C) A publicly owned or operated emergency medical service | 53269 |
| organization and the vehicles it owns or leases and operates, | 53270 |
| except as provided in section 307.051, division (G) of section | 53271 |
| 307.055, division (F) of section 505.37, division (B) of section | 53272 |
| 505.375, and division (B)(3) of section 505.72 of the Revised | 53273 |
| Code; | 53274 |
| (D) An ambulance, ambulette, rotorcraft air ambulance, fixed | 53275 |
| wing air ambulance, or nontransport vehicle owned or leased and | 53276 |
| operated by the federal government; | 53277 |
| (E) A publicly owned and operated fire department vehicle; | 53278 |
| (F) Emergency vehicles owned by a corporation and operating | 53279 |
| only on the corporation's premises, for the sole use by that | 53280 |
| corporation; | 53281 |
| (G) An ambulance, nontransport vehicle, or other emergency | 53282 |
| medical service organization vehicle owned and operated by a | 53283 |
| municipal corporation; | 53284 |
| (H) A motor vehicle titled in the name of a volunteer rescue | 53285 |
| service organization, as defined in section 4503.172 of the | 53286 |
| Revised Code; | 53287 |
| (I) A public emergency medical service organization; | 53288 |
| (J) A fire department, rescue squad, or life squad comprised | 53289 |
| of volunteers who provide services without expectation of | 53290 |
| remuneration and do not receive payment for services other than | 53291 |
| reimbursement for expenses; | 53292 |
| (K) A private, nonprofit emergency medical service | 53293 |
| organization when fifty per cent or more of its personnel are | 53294 |
| volunteers, as defined in section 4765.01 of the Revised Code; | 53295 |
| (L) Emergency medical service personnel who are regulated by | 53296 |
| the state board of emergency medical and transportation services | 53297 |
| under Chapter 4765. of the Revised Code; | 53298 |
| (M) Any of the following that operates a transit bus, as that | 53299 |
| term is defined in division (Q) of section 5735.01 of the Revised | 53300 |
| Code, unless the entity provides ambulette services that are | 53301 |
| reimbursed under the state medicaid plan: | 53302 |
| (1) A public nonemergency medical service organization; | 53303 |
| (2) An urban or rural public transit system; | 53304 |
| (3) A private nonprofit organization that receives grants | 53305 |
| under section 5501.07 of the Revised Code. | 53306 |
| (N)(1) An entity, to the extent it provides ambulette | 53307 |
| services, if the entity meets all of the following conditions: | 53308 |
| (a) The entity is certified by the department of aging or the | 53309 |
| department's designee in accordance with section 173.391 of the | 53310 |
| Revised Code or operates under a contract or grant agreement with | 53311 |
| the department or the department's designee in accordance with | 53312 |
| section 173.392 of the Revised Code. | 53313 |
| (b) The entity meets the requirements of section 4766.14 of | 53314 |
| the Revised Code. | 53315 |
| (c) The entity does not provide ambulette services that are | 53316 |
| reimbursed under the state medicaid plan. | 53317 |
| (2) A vehicle, to the extent it is used to provide ambulette | 53318 |
| services, if the vehicle meets both of the following conditions: | 53319 |
| (a) The vehicle is owned by an entity that meets the | 53320 |
| conditions specified in division (N)(1) of this section. | 53321 |
| (b) The vehicle does not provide ambulette services that are | 53322 |
| reimbursed under the state medicaid plan. | 53323 |
| (O) A vehicle that meets both of the following criteria, | 53324 |
| unless the vehicle provides services that are reimbursed under the | 53325 |
| state medicaid plan: | 53326 |
| (1) The vehicle was purchased with funds from a grant made by | 53327 |
| the United States secretary of transportation under 49 U.S.C. | 53328 |
| 5310; | 53329 |
| (2) The department of transportation holds a lien on the | 53330 |
| vehicle. | 53331 |
| Sec. 4766.10. This chapter does not invalidate any ordinance | 53332 |
| or resolution adopted by a municipal corporation that establishes | 53333 |
| standards for the licensure of emergency medical service | 53334 |
| organizations as basic life-support, intermediate life-support, or | 53335 |
| advanced life-support service organizations that have their | 53336 |
| principal places of business located within the limits of the | 53337 |
| municipal corporation, as long as the licensure standards meet or | 53338 |
| exceed the standards established in this chapter and the rules | 53339 |
| adopted thereunder. | 53340 |
| Emergency medical service organizations licensed by a | 53341 |
|
municipal corporation are subject to the jurisdiction of the | 53342 |
| state board of emergency medical and transportation | 53343 |
| services, but the fees they pay to the board for licenses, | 53344 |
| permits, and renewals thereof shall not exceed fifty per cent of | 53345 |
| the fee amounts established by the board pursuant to section | 53346 |
| 4766.03 of the Revised Code. The board may choose to waive the | 53347 |
| vehicle inspection requirements and inspection fees, but not the | 53348 |
| permit fees, for the vehicles of organizations licensed by a | 53349 |
| municipal corporation. | 53350 |
| Sec. 4766.11. (A) The | 53351 |
| and transportation | 53352 |
| violations of this chapter or the rules adopted under it and may | 53353 |
| investigate any complaints received regarding alleged violations. | 53354 |
| In addition to any other remedies available and regardless of | 53355 |
| whether an adequate remedy at law exists, the board may apply to | 53356 |
| the court of common pleas in the county where a violation of any | 53357 |
| provision of this chapter or any rule adopted pursuant thereto is | 53358 |
| occurring for a temporary or permanent injunction restraining a | 53359 |
| person from continuing to commit that violation. On a showing that | 53360 |
| a person has committed a violation, the court shall grant the | 53361 |
| injunction. | 53362 |
| In conducting an investigation under this section, the board | 53363 |
| may issue subpoenas compelling the attendance and testimony of | 53364 |
| witnesses and the production of books, records, and other | 53365 |
| documents pertaining to the investigation. If a person fails to | 53366 |
| obey a subpoena from the board, the board may apply to the court | 53367 |
| of common pleas in the county where the investigation is being | 53368 |
| conducted for an order compelling the person to comply with the | 53369 |
| subpoena. On application by the board, the court shall compel | 53370 |
| obedience by attachment proceedings for contempt, as in the case | 53371 |
| of disobedience of the requirements of a subpoena from the court | 53372 |
| or a refusal to testify therein. | 53373 |
| (B) The | 53374 |
| issued under this chapter without a prior hearing if it determines | 53375 |
| that there is evidence that the license holder is subject to | 53376 |
| action under this section and that there is clear and convincing | 53377 |
| evidence that continued operation by the license holder presents a | 53378 |
| danger of immediate and serious harm to the public. The | 53379 |
| chairperson and executive director of the board shall make a | 53380 |
| preliminary determination and describe the evidence on which they | 53381 |
| made their determination to the board members. The board by | 53382 |
| resolution may designate another board member to act in place of | 53383 |
| the chairperson or another employee to act in place of the | 53384 |
| executive director in the event that the chairperson or executive | 53385 |
| director is unavailable or unable to act. Upon review of the | 53386 |
|
allegations, the board, by the affirmative vote of | 53387 |
| majority of its members, may suspend the license without a | 53388 |
| hearing. | 53389 |
| | 53390 |
| 53391 | |
| 53392 | |
| 53393 |
| Immediately following the decision by the board to suspend a | 53394 |
| license under this division, the board shall issue a written order | 53395 |
| of suspension and cause it to be delivered in accordance with | 53396 |
| section 119.07 of the Revised Code. If the license holder subject | 53397 |
| to the suspension requests an adjudication hearing by the board, | 53398 |
| the date set for the adjudication shall be within fifteen days but | 53399 |
| not earlier than seven days after the request unless another date | 53400 |
| is agreed to by the license holder and the board. | 53401 |
| Any summary suspension imposed under this division remains in | 53402 |
| effect, unless reversed by the board, until a final adjudicative | 53403 |
| order issued by the board pursuant to this section and Chapter | 53404 |
| 119. of the Revised Code becomes effective. The board shall issue | 53405 |
| its final adjudicative order not less than ninety days after | 53406 |
| completion of its adjudication hearing. Failure to issue the order | 53407 |
| by that day shall cause the summary suspension order to end, but | 53408 |
| such failure shall not affect the validity of any subsequent final | 53409 |
| adjudication order. | 53410 |
| Sec. 4766.12. If a county, township, joint ambulance | 53411 |
| district, or joint emergency medical services district chooses to | 53412 |
|
have the | 53413 |
| 53414 | |
| and issue permits for its vehicles pursuant to this chapter, | 53415 |
| except as may be otherwise provided, all provisions of this | 53416 |
| chapter and all rules adopted by the board thereunder are fully | 53417 |
| applicable. However, a county, township, joint ambulance district, | 53418 |
| or joint emergency medical services district is not required to | 53419 |
| obtain any type of permit from the board for any of its | 53420 |
| nontransport vehicles. | 53421 |
| Sec. 4766.13. The | 53422 |
|
transportation | 53423 |
| issue vehicle permits to an emergency medical service organization | 53424 |
| or a nonemergency medical service organization that is regulated | 53425 |
| by another state. To qualify for a license and vehicle permits by | 53426 |
| endorsement, an organization must submit evidence satisfactory to | 53427 |
| the board that it has met standards in another state that are | 53428 |
| equal to or more stringent than the standards established by this | 53429 |
| chapter and the rules adopted under it. | 53430 |
| Sec. 4766.15. (A) An applicant for employment as an | 53431 |
| ambulette driver with an organization licensed pursuant to this | 53432 |
| chapter shall submit proof to the organization of, or give consent | 53433 |
| to the employer to obtain, all of the following: | 53434 |
| (1)(a) A valid driver's license issued pursuant to Chapter | 53435 |
| 4506. or 4507. of the Revised Code, or its equivalent, if the | 53436 |
| applicant is a resident of another state; | 53437 |
| (b) A recent certified abstract of the applicant's record of | 53438 |
| convictions for violations of motor vehicle laws provided by the | 53439 |
| registrar of motor vehicles pursuant to section 4509.05 of the | 53440 |
| Revised Code, or its equivalent, if the applicant is a resident of | 53441 |
| another state. | 53442 |
| (2)(a) A certificate of completion of a course in first aid | 53443 |
| techniques offered by the American red cross or an equivalent | 53444 |
| organization; | 53445 |
| (b) A certificate of completion of a course in | 53446 |
| cardiopulmonary resuscitation, or its equivalent, offered by an | 53447 |
|
organization approved by the | 53448 |
| and transportation | 53449 |
| (3) The result of a chemical test or tests of the applicant's | 53450 |
| blood, breath, or urine conducted at a hospital or other | 53451 |
| institution approved by the board for the purpose of determining | 53452 |
| the alcohol, drug of abuse, controlled substance, or metabolite of | 53453 |
| a controlled substance content of the applicant's whole blood, | 53454 |
| blood serum or plasma, breath, or urine; | 53455 |
| (4) The result of a criminal records check conducted by the | 53456 |
| bureau of criminal identification and investigation. | 53457 |
| (B) An organization may employ an applicant on a temporary | 53458 |
| provisional basis pending the completion of all of the | 53459 |
| requirements of this section. The length of the provisional period | 53460 |
| shall be determined by the board. | 53461 |
| (C) An organization licensed pursuant to this chapter shall | 53462 |
| use information received pursuant to this section to determine in | 53463 |
|
accordance with rules adopted by the | 53464 |
|
medical and transportation | 53465 |
| the Revised Code whether an applicant is disqualified for | 53466 |
| employment. | 53467 |
| No applicant shall be accepted for permanent employment as an | 53468 |
| ambulette driver by an organization licensed pursuant to this | 53469 |
| chapter until all of the requirements of division (A) of this | 53470 |
| section have been met. | 53471 |
| Sec. 4766.22. (A) Not later than forty-five days after the | 53472 |
|
end of each fiscal year, the | 53473 |
| and transportation | 53474 |
| governor and general assembly that provides all of the following | 53475 |
| information for that fiscal year: | 53476 |
| (1) The number of each of the following the board issued: | 53477 |
| (a) Basic life-support organization licenses; | 53478 |
| (b) Intermediate life-support organization licenses; | 53479 |
| (c) Advanced life-support organization licenses; | 53480 |
| (d) Mobile intensive care unit organization licenses; | 53481 |
| (e) Ambulette service licenses; | 53482 |
| (f) Air medical service organization licenses; | 53483 |
| (g) Ambulance permits; | 53484 |
| (h) Nontransport vehicle permits; | 53485 |
| (i) Ambulette vehicle permits; | 53486 |
| (j) Rotorcraft air ambulance permits; | 53487 |
| (k) Fixed wing air ambulance permits. | 53488 |
| (2) The amount of fees the board collected for issuing and | 53489 |
| renewing each type of license and permit specified in division | 53490 |
| (A)(1) of this section; | 53491 |
| (3) The number of inspections the board or a third party on | 53492 |
| the board's behalf conducted in connection with each type of | 53493 |
| license and permit specified in division (A)(1) of this section | 53494 |
| and the amount of fees the board collected for the inspections; | 53495 |
| (4) The number of complaints that were submitted to the | 53496 |
| board; | 53497 |
| (5) The number of investigations the board conducted under | 53498 |
| section 4766.11 of the Revised Code; | 53499 |
| (6) The number of adjudication hearings the board held and | 53500 |
| the outcomes of the adjudications; | 53501 |
| (7) The amount of penalties the board imposed and collected | 53502 |
| under section 4766.08 of the Revised Code; | 53503 |
| (8) Other information the board determines reflects the | 53504 |
| board's operations. | 53505 |
| (B) The board shall post the annual report required by this | 53506 |
| section on its web site and make it available to the public on | 53507 |
| request. | 53508 |
| Sec. 4773.08. The | 53509 |
| adopt rules to implement and administer this chapter. In adopting | 53510 |
|
the rules, the | 53511 |
| made by the radiation advisory council created under section | 53512 |
| 3701.93 of the Revised Code. The rules shall be adopted in | 53513 |
| accordance with Chapter 119. of the Revised Code and shall not be | 53514 |
| less stringent than any applicable standards specified in 42 | 53515 |
| C.F.R. 75. The rules shall establish all of the following: | 53516 |
| (A) Standards for licensing general x-ray machine operators, | 53517 |
| radiographers, radiation therapy technologists, and nuclear | 53518 |
| medicine technologists; | 53519 |
| (B) Application and renewal fees for licenses issued under | 53520 |
| this chapter that do not exceed the cost incurred in issuing and | 53521 |
| renewing the licenses; | 53522 |
| (C) Standards for accreditation of educational programs and | 53523 |
| approval of continuing education programs in general x-ray machine | 53524 |
| operation, radiography, radiation therapy technology, and nuclear | 53525 |
| medicine technology; | 53526 |
| (D) Fees for accrediting educational programs and approving | 53527 |
| continuing education programs in general x-ray machine operation, | 53528 |
| radiography, radiation therapy technology, and nuclear medicine | 53529 |
| technology that do not exceed the cost incurred in accrediting the | 53530 |
| educational programs; | 53531 |
| (E) Fees for issuing conditional licenses under section | 53532 |
| 4773.05 of the Revised Code that do not exceed the cost incurred | 53533 |
| in issuing the licenses; | 53534 |
| (F) Continuing education requirements that must be met to | 53535 |
| have a license renewed under section 4773.03 of the Revised Code; | 53536 |
| (G) Continuing education requirements that the holder of a | 53537 |
| conditional license must meet to receive a license issued under | 53538 |
| section 4773.03 of the Revised Code; | 53539 |
| (H) Any other rules necessary for the implementation or | 53540 |
| administration of this chapter. | 53541 |
| Sec. 4781.01. As used in this chapter: | 53542 |
| (A) "Industrialized unit" has the same meaning as in division | 53543 |
| (C)(3) of section 3781.06 of the Revised Code. | 53544 |
| (B) "Installation" means any of the following: | 53545 |
| (1) The temporary or permanent construction of stabilization, | 53546 |
| support, and anchoring systems for manufactured housing; | 53547 |
| (2) The placement and erection of a manufactured housing unit | 53548 |
| or components of a unit on a structural support system; | 53549 |
| (3) The supporting, blocking, leveling, securing, anchoring, | 53550 |
| underpinning, or adjusting of any section or component of a | 53551 |
| manufactured housing unit; | 53552 |
| (4) The joining or connecting of all sections or components | 53553 |
| of a manufactured housing unit. | 53554 |
| (C) "Manufactured home" has the same meaning as in division | 53555 |
| (C)(4) of section 3781.06 of the Revised Code. | 53556 |
| (D) "Manufactured home park" | 53557 |
| 53558 | |
| tract of land upon which three or more manufactured or mobile | 53559 |
| homes used for habitation are parked, either free of charge or for | 53560 |
| revenue purposes, and includes any roadway, building, structure, | 53561 |
| vehicle, or enclosure used or intended for use as a part of the | 53562 |
| facilities of the park. "Manufactured home park" does not include | 53563 |
| any of the following: | 53564 |
| (1) A tract of land used solely for the storage or display | 53565 |
| for sale of manufactured or mobile homes or solely as a temporary | 53566 |
| park-camp as defined in section 3729.01 of the Revised Code; | 53567 |
| (2) A tract of land that is subdivided and the individual | 53568 |
| lots are for sale or sold for the purpose of installation of | 53569 |
| manufactured or mobile homes used for habitation and the roadways | 53570 |
| are dedicated to the local government authority; | 53571 |
| (3) A tract of land within an area that is subject to local | 53572 |
| zoning authority and subdivision requirements and is subdivided, | 53573 |
| and the individual lots are for sale or sold for the purpose of | 53574 |
| installation of manufactured or mobile homes for habitation. | 53575 |
| (E) "Manufactured housing" means manufactured homes and | 53576 |
| mobile homes. | 53577 |
| (F) "Manufactured housing installer" means an individual who | 53578 |
| installs manufactured housing. | 53579 |
| (G) "Mobile home" has the same meaning as in division (O) of | 53580 |
| section 4501.01 of the Revised Code. | 53581 |
| (H) "Model standards" means the federal manufactured home | 53582 |
| installation standards established pursuant to 42 U.S.C. 5404. | 53583 |
| (I) "Permanent foundation" has the same meaning as in | 53584 |
| division (C)(5) of section 3781.06 of the Revised Code. | 53585 |
| (J) "Business" includes any activities engaged in by any | 53586 |
| person for the object of gain, benefit, or advantage either direct | 53587 |
| or indirect. | 53588 |
| (K) "Casual sale" means any transfer of a manufactured home | 53589 |
| or mobile home by a person other than a manufactured housing | 53590 |
| dealer, manufactured housing salesperson, or manufacturer to an | 53591 |
| ultimate consumer or a person who purchases the home for use as a | 53592 |
| residence. | 53593 |
| (L) "Engaging in business" means commencing, conducting, or | 53594 |
| continuing in business, or liquidating a business when the | 53595 |
| liquidator thereof holds self out to be conducting such business; | 53596 |
| making a casual sale or otherwise making transfers in the ordinary | 53597 |
| course of business when the transfers are made in connection with | 53598 |
| the disposition of all or substantially all of the transferor's | 53599 |
| assets is not engaging in business. | 53600 |
| (M) "Manufactured home park operator" | 53601 |
| 53602 | |
| operator" means the person who has responsible charge of a | 53603 |
| manufactured home park and who is licensed under sections 4781.26 | 53604 |
| to 4781.35 of the Revised Code. | 53605 |
| (N) "Manufactured housing broker" means any person acting as | 53606 |
| a selling agent on behalf of an owner of a manufactured home or | 53607 |
| mobile home that is subject to taxation under section 4503.06 of | 53608 |
| the Revised Code. | 53609 |
| (O) "Manufactured housing dealer" means any person engaged in | 53610 |
| the business of selling at retail, displaying, offering for sale, | 53611 |
| or dealing in manufactured homes or mobile homes. | 53612 |
| (P) "Manufacturer" means a person who manufacturers, | 53613 |
| assembles, or imports manufactured homes or mobile homes. | 53614 |
| (Q) "Retail sale" or "sale at retail" means the act or | 53615 |
| attempted act of selling, bartering, exchanging, or otherwise | 53616 |
| disposing of a manufactured home or mobile home to an ultimate | 53617 |
| purchaser for use as a residence. | 53618 |
| (R) "Salesperson" means any individual employed by a | 53619 |
| manufactured housing dealer or manufactured housing broker to | 53620 |
| sell, display, and offer for sale, or deal in manufactured homes | 53621 |
| or mobile homes for a commission, compensation, or other valuable | 53622 |
| consideration, but does not mean any public officer performing | 53623 |
| official duties. | 53624 |
| (S) "Ultimate purchaser" means, with respect to any new | 53625 |
| manufactured home, the first person, other than a manufactured | 53626 |
| housing dealer purchasing in the capacity of a manufactured | 53627 |
| housing dealer, who purchases such new manufactured home for | 53628 |
| purposes other than resale. | 53629 |
| (T) "Tenant" means a person who is entitled under a rental | 53630 |
| agreement with a manufactured home park operator to occupy a | 53631 |
| manufactured home park lot and who does not own the home occupying | 53632 |
| the lot. | 53633 |
| (U) "Owner" means a person who is entitled under a rental | 53634 |
| agreement with a manufactured home park operator to occupy a | 53635 |
| manufactured home park lot and who owns the home occupying the | 53636 |
| lot. | 53637 |
| (V) "Resident" means a person entitled under a rental | 53638 |
| agreement to the use and occupancy of residential premises to the | 53639 |
| exclusion of others. "Resident" includes both tenants and owners. | 53640 |
| (W) "Residential premises" means a lot located within a | 53641 |
| manufactured home park and the grounds, areas, and facilities | 53642 |
| contained within the manufactured home park for the use of | 53643 |
| residents generally or the use of which is promised to a resident. | 53644 |
| (X) "Rental agreement" means any agreement or lease, written | 53645 |
| or oral, that establishes or modifies the terms, conditions, | 53646 |
| rules, or any other provisions concerning the use and occupancy of | 53647 |
| residential premises by one of the parties. | 53648 |
| (Y) "Security deposit" means any deposit of money or property | 53649 |
| to secure performance by the resident under a rental agreement. | 53650 |
| (Z) "Development" means any artificial change to improved or | 53651 |
| unimproved real estate, including, without limitation, buildings | 53652 |
| or structures, dredging, filling, grading, paving, excavation or | 53653 |
| drilling operations, or storage of equipment or materials, and the | 53654 |
| construction, expansion, or substantial alteration of a | 53655 |
| manufactured home park, for which plan review is required under | 53656 |
| division (A) of section 4781.31 of the Revised Code. "Development" | 53657 |
| does not include the building, construction, erection, or | 53658 |
| manufacture of any building to which section 3781.06 of the | 53659 |
| Revised Code is applicable. | 53660 |
| (AA) "Flood" or "flooding" means either of the following: | 53661 |
| (1) A general and temporary condition of partial or complete | 53662 |
| inundation of normally dry land areas from any of the following: | 53663 |
| (a) The overflow of inland or tidal waters; | 53664 |
| (b) The unusual and rapid accumulation or runoff of surface | 53665 |
| waters from any source; | 53666 |
| (c) Mudslides that are proximately caused by flooding as | 53667 |
| defined in division (AA)(1)(b) of this section and that are akin | 53668 |
| to a river of liquid and flowing mud on the surface of normally | 53669 |
| dry land areas, as when earth is carried by a current of water and | 53670 |
| deposited along the path of the current. | 53671 |
| (2) The collapse or subsidence of land along the shore of a | 53672 |
| lake or other body of water as a result of erosion or undermining | 53673 |
| that is caused by waves or currents of water exceeding anticipated | 53674 |
| cyclical levels or that is suddenly caused by an unusually high | 53675 |
| water level in a natural body of water, and that is accompanied by | 53676 |
| a severe storm, by an unanticipated force of nature, such as a | 53677 |
| flash flood, by an abnormal tidal surge, or by some similarly | 53678 |
| unusual and unforeseeable event, that results in flooding as | 53679 |
| defined in division (AA)(1)(a) of this section. | 53680 |
| (BB) "Flood plain" means the area adjoining any river, | 53681 |
| stream, watercourse, or lake that has been or may be covered by | 53682 |
| flood water. | 53683 |
| (CC) "One-hundred-year flood" means a flood having a one per | 53684 |
| cent chance of being equaled or exceeded in any given year. | 53685 |
| (DD) "One-hundred-year flood plain" means that portion of a | 53686 |
| flood plain inundated by a one-hundred-year flood. | 53687 |
| (EE) "Person" has the same meaning as in section 1.59 of the | 53688 |
| Revised Code and also includes this state, any political | 53689 |
| subdivision of this state, and any other state or local body of | 53690 |
| this state. | 53691 |
| (FF) "Substantial damage" means damage of any origin | 53692 |
| sustained by a manufactured or mobile home that is situated in a | 53693 |
| manufactured home park located in a flood plain when the cost of | 53694 |
| restoring the home to its condition before the damage occurred | 53695 |
| will equal or exceed fifty per cent of the market value of the | 53696 |
| home before the damage occurred. | 53697 |
| (GG) "Substantially alter" means a change in the layout or | 53698 |
| design of a manufactured home park, including, without limitation, | 53699 |
| the movement of utilities or changes in established streets, lots, | 53700 |
| or sites or in other facilities. In the case of manufactured home | 53701 |
| parks located within a one-hundred-year flood plain, | 53702 |
| "substantially alter" also includes changes in elevation resulting | 53703 |
| from the addition of fill, grading, or excavation that may affect | 53704 |
| flood plain management. | 53705 |
| (HH) "Tract" means a contiguous area of land that consists of | 53706 |
| one or more parcels, lots, or sites that have been separately | 53707 |
| surveyed regardless of whether the individual parcels, lots, or | 53708 |
| sites have been recorded and regardless of whether the one or more | 53709 |
| parcels, lots, or sites are under common or different ownership. | 53710 |
| Sec. 4781.02. (A) There is hereby created the manufactured | 53711 |
| homes commission which consists of nine members, with three | 53712 |
| members appointed by the governor, three members appointed by the | 53713 |
| president of the senate, and three members appointed by the | 53714 |
| speaker of the house of representatives. | 53715 |
| (B)(1) Commission members shall be residents of this state, | 53716 |
| except for members appointed pursuant to divisions (B)(3)(b) and | 53717 |
| (B)(4)(a) of this section. Members shall be selected from a list | 53718 |
| of persons the Ohio manufactured homes association, or any | 53719 |
| successor entity, recommends, except for appointments made | 53720 |
| pursuant to division (B)(2) of this section. | 53721 |
| (2) The governor shall appoint the following members: | 53722 |
| (a) One member to represent the board of building standards, | 53723 |
| who may be a member of the board or a board employee not in the | 53724 |
| classified civil service, with an initial term ending December 31, | 53725 |
| 2007; | 53726 |
| (b) One member | 53727 |
| 53728 | |
| 53729 | |
| sanitarian in accordance with Chapter 4736. of the Revised Code, | 53730 |
| has experience with the regulation of manufactured homes, and is | 53731 |
| an employee of a health district described in section 3709.01 of | 53732 |
| the Revised Code; | 53733 |
| (c) One member whose primary residence is a manufactured | 53734 |
| home, with an initial term ending December 31, 2006. | 53735 |
| (3) The president of the senate shall appoint the following | 53736 |
| members: | 53737 |
| (a) Two members who are manufactured housing installers who | 53738 |
| have been actively engaged in the installation of manufactured | 53739 |
| housing for the five years immediately prior to appointment, with | 53740 |
| the initial term of one installer ending December 31, 2007, and | 53741 |
| the initial term of the other installer ending December 31, 2005. | 53742 |
| (b) One member who manufactures manufactured homes in this | 53743 |
| state or who manufactures manufactured homes in another state and | 53744 |
| ships homes into this state, to represent manufactured home | 53745 |
| manufacturers, with an initial term ending December 31, 2006. | 53746 |
| (4) The speaker of the house of representatives shall appoint | 53747 |
| the following members: | 53748 |
| (a) One member who operates a manufactured or mobile home | 53749 |
| retail business in this state to represent manufactured housing | 53750 |
| dealers, with an initial term ending December 31, 2007; | 53751 |
| (b) One member who is a manufactured home park operator or is | 53752 |
| employed by an operator, with an initial term ending December 31, | 53753 |
| 2005; | 53754 |
| (c) One member to represent the Ohio manufactured home | 53755 |
| association, or any successor entity, who may be the president or | 53756 |
| executive director of the association or the successor entity, | 53757 |
| with an initial term ending December 31, 2006. | 53758 |
| (C)(1) After the initial term, each term of office is for | 53759 |
| four years ending on the thirty-first day of December. A member | 53760 |
| holds office from the date of appointment until the end of the | 53761 |
| term. No member may serve more than two consecutive four-year | 53762 |
| terms. | 53763 |
| (2) Any member appointed to fill a vacancy that occurs prior | 53764 |
| to the expiration of a term continues in office for the remainder | 53765 |
| of that term. Any member continues in office subsequent to the | 53766 |
| expiration date of the term until the member's successor takes | 53767 |
| office or until sixty days have elapsed, which ever occurs first. | 53768 |
| (3) A vacancy on the commission does not impair the authority | 53769 |
| of the remaining members to exercise all of the commission's | 53770 |
| powers. | 53771 |
| (D)(1) The governor may remove any member from office for | 53772 |
| incompetence, neglect of duty, misfeasance, nonfeasance, | 53773 |
| malfeasance, or unprofessional conduct in office. | 53774 |
| (2) Vacancies shall be filled in the manner of the original | 53775 |
| appointment. | 53776 |
| Sec. 4781.04. (A) The manufactured homes commission shall | 53777 |
| adopt rules pursuant to Chapter 119. of the Revised Code to do all | 53778 |
| of the following: | 53779 |
| (1) Establish uniform standards that govern the installation | 53780 |
| of manufactured housing. Not later than one hundred eighty days | 53781 |
| after the secretary of the United States department of housing and | 53782 |
| urban development adopts model standards for the installation of | 53783 |
| manufactured housing or amends those standards, the commission | 53784 |
| shall amend its standards as necessary to be consistent with, and | 53785 |
| not less stringent than, the model standards for the design and | 53786 |
| installation of manufactured housing the secretary adopts or any | 53787 |
| manufacturers' standards that the secretary determines are equal | 53788 |
| to or not less stringent than the model standards. | 53789 |
| (2) Govern the inspection of the installation of manufactured | 53790 |
| housing. The rules shall specify that the commission, any building | 53791 |
|
department or personnel of any department, | 53792 |
| 53793 | |
| pursuant to section 4781.07 of the Revised Code shall conduct all | 53794 |
| inspections of the installation of manufactured housing located in | 53795 |
| manufactured home parks to determine compliance with the uniform | 53796 |
| installation standards the commission establishes pursuant to this | 53797 |
| section. | 53798 |
| | 53799 |
| 53800 |
| (3) Govern the design, construction, installation, approval, | 53801 |
| and inspection of foundations and the base support systems for | 53802 |
| manufactured housing. The rules shall specify that the commission, | 53803 |
|
any building department or personnel of any department, | 53804 |
| 53805 | |
| certified pursuant to section 4781.07 of the Revised Code shall | 53806 |
| conduct all inspections of the installation, foundations, and base | 53807 |
| support systems of manufactured housing located in manufactured | 53808 |
| home parks to determine compliance with the uniform installation | 53809 |
| standards and foundation and base support system design the | 53810 |
| commission establishes pursuant to this section. | 53811 |
| | 53812 |
| 53813 |
| (4) Govern the training, experience, and education | 53814 |
| requirements for manufactured housing installers, manufactured | 53815 |
| housing dealers, manufactured housing brokers, and manufactured | 53816 |
| housing salespersons; | 53817 |
| (5) Establish a code of ethics for manufactured housing | 53818 |
| installers; | 53819 |
| (6) Govern the issuance, revocation, and suspension of | 53820 |
| licenses to manufactured housing installers; | 53821 |
| (7) Establish fees for the issuance and renewal of licenses, | 53822 |
| for conducting inspections to determine an applicant's compliance | 53823 |
| with this chapter and the rules adopted pursuant to it, and for | 53824 |
| the commission's expenses incurred in implementing this chapter; | 53825 |
| (8) Establish conditions under which a licensee may enter | 53826 |
| into contracts to fulfill the licensee's responsibilities; | 53827 |
| (9) Govern the investigation of complaints concerning any | 53828 |
| violation of this chapter or the rules adopted pursuant to it or | 53829 |
| complaints involving the conduct of any licensed manufactured | 53830 |
| housing installer or person installing manufactured housing | 53831 |
| without a license, licensed manufactured housing dealer, licensed | 53832 |
| manufactured housing broker, or manufactured housing salesperson; | 53833 |
| (10) Establish a dispute resolution program for the timely | 53834 |
| resolution of warranty issues involving new manufactured homes, | 53835 |
| disputes regarding responsibility for the correction or repair of | 53836 |
| defects in manufactured housing, and the installation of | 53837 |
| manufactured housing. The rules shall provide for the timely | 53838 |
| resolution of disputes between manufacturers, manufactured housing | 53839 |
| dealers, and installers regarding the correction or repair of | 53840 |
| defects in manufactured housing that are reported by the purchaser | 53841 |
| of the home during the one-year period beginning on the date of | 53842 |
| installation of the home. The rules also shall provide that | 53843 |
| decisions made regarding the dispute under the program are not | 53844 |
| binding upon the purchaser of the home or the other parties | 53845 |
| involved in the dispute unless the purchaser so agrees in a | 53846 |
| written acknowledgement that the purchaser signs and delivers to | 53847 |
| the program within ten business days after the decision is issued. | 53848 |
| (11) Establish the requirements and procedures for the | 53849 |
| certification of building departments and building department | 53850 |
| personnel pursuant to section 4781.07 of the Revised Code; | 53851 |
| (12) Establish fees to be charged to building departments and | 53852 |
| building department personnel applying for certification and | 53853 |
| renewal of certification pursuant to section 4781.07 of the | 53854 |
| Revised Code; | 53855 |
| (13) Develop a policy regarding the maintenance of records | 53856 |
| for any inspection authorized or conducted pursuant to this | 53857 |
| chapter. Any record maintained under division (A)(13) of this | 53858 |
| section shall be a public record under section 149.43 of the | 53859 |
| Revised Code. | 53860 |
| (14) Carry out any other provision of this chapter. | 53861 |
| (B) The manufactured homes commission shall do all of the | 53862 |
| following: | 53863 |
| (1) Prepare and administer a licensure examination to | 53864 |
| determine an applicant's knowledge of manufactured housing | 53865 |
| installation and other aspects of installation the commission | 53866 |
| determines appropriate; | 53867 |
| (2) Select, provide, or procure appropriate examination | 53868 |
| questions and answers for the licensure examination and establish | 53869 |
| the criteria for successful completion of the examination; | 53870 |
| (3) Prepare and distribute any application form this chapter | 53871 |
| requires; | 53872 |
| (4) Receive applications for licenses and renewal of licenses | 53873 |
| and issue licenses to qualified applicants; | 53874 |
| (5) Establish procedures for processing, approving, and | 53875 |
| disapproving applications for licensure; | 53876 |
| (6) Retain records of applications for licensure, including | 53877 |
| all application materials submitted and a written record of the | 53878 |
| action taken on each application; | 53879 |
| (7) Review the design and plans for manufactured housing | 53880 |
| installations, foundations, and support systems; | 53881 |
| (8) Inspect a sample of homes at a percentage the commission | 53882 |
| determines to evaluate the construction and installation of | 53883 |
| manufactured housing installations, foundations, and support | 53884 |
| systems to determine compliance with the standards the commission | 53885 |
| adopts; | 53886 |
| (9) Investigate complaints concerning violations of this | 53887 |
| chapter or the rules adopted pursuant to it, or the conduct of any | 53888 |
| manufactured housing installer, manufactured housing dealer, | 53889 |
| manufactured housing broker, or manufactured housing salesperson; | 53890 |
| (10) Determine appropriate disciplinary actions for | 53891 |
| violations of this chapter; | 53892 |
| (11) Conduct audits and inquiries of manufactured housing | 53893 |
| installers, manufactured housing dealers, and manufactured housing | 53894 |
| brokers as appropriate for the enforcement of this chapter. The | 53895 |
| commission, or any person the commission employs for the purpose, | 53896 |
| may review and audit the business records of any manufactured | 53897 |
| housing installer, dealer, or broker during normal business hours. | 53898 |
| (12) Approve an installation training course, which may be | 53899 |
| offered by the Ohio manufactured homes association or other | 53900 |
| entity; | 53901 |
| (13) Perform any function or duty necessary to administer | 53902 |
| this chapter and the rules adopted pursuant to it. | 53903 |
| (C) Nothing in this section shall be construed to limit the | 53904 |
| authority of a board of health to enforce section 3701.344 or | 53905 |
| Chapters 3703., 3718., and 3781. of the Revised Code. | 53906 |
| Sec. 4781.07. (A) Pursuant to rules the manufactured homes | 53907 |
| commission adopts, the commission may certify municipal, township, | 53908 |
| and county building departments and the personnel of those | 53909 |
|
departments, | 53910 |
| 53911 | |
| third party, to exercise the commission's enforcement authority, | 53912 |
| accept and approve plans and specifications for foundations, | 53913 |
| support systems and installations, and inspect manufactured | 53914 |
| housing foundations, support systems, and manufactured housing | 53915 |
| installations. Any certification is effective for three years. | 53916 |
| (B) Following an investigation and finding of facts that | 53917 |
| support its action, the commission may revoke or suspend | 53918 |
| certification. The commission may initiate an investigation on its | 53919 |
| own motion or the petition of a person affected by the enforcement | 53920 |
| or approval of plans. | 53921 |
| Sec. 4781.09. (A) The manufactured homes commission may deny, | 53922 |
| suspend, revoke, or refuse to renew the license of any | 53923 |
| manufactured home installer for any of the following reasons: | 53924 |
| (1) Failure to satisfy the requirements of section 4781.08 or | 53925 |
| 4781.10 of the Revised Code; | 53926 |
| (2) Violation of this chapter or any rule adopted pursuant to | 53927 |
| it; | 53928 |
| (3) Making a material misstatement in an application for a | 53929 |
| license; | 53930 |
| (4) Installing manufactured housing without a license or | 53931 |
| without being under the supervision of a licensed manufactured | 53932 |
| housing installer; | 53933 |
| (5) Failure to appear for a hearing before the commission or | 53934 |
| to comply with any final adjudication order of the commission | 53935 |
| issued pursuant to this chapter; | 53936 |
| (6) Conviction of a felony or a crime involving moral | 53937 |
| turpitude; | 53938 |
| (7) Having had a license revoked, suspended, or denied by the | 53939 |
| commission during the preceding two years; | 53940 |
| (8) Having had a license revoked, suspended, or denied by | 53941 |
| another state or jurisdiction during the preceding two years; | 53942 |
| (9) Engaging in conduct in another state or jurisdiction that | 53943 |
| would violate this chapter if committed in this state. | 53944 |
| (10) Failing to provide written notification of an | 53945 |
| installation pursuant to division (D) of section 4781.11 of the | 53946 |
| Revised Code to a county treasurer or county auditor. | 53947 |
| (B)(1) Any person whose license or license application is | 53948 |
| revoked, suspended, denied, or not renewed or upon whom a civil | 53949 |
|
penalty is imposed | 53950 |
| request an adjudication hearing on the matter within thirty days | 53951 |
| after receipt of the notice of the action. The hearing shall be | 53952 |
| held in accordance with Chapter 119. of the Revised Code. | 53953 |
| (2) Any licensee or applicant may appeal an order made | 53954 |
| pursuant to an adjudication hearing in the manner provided in | 53955 |
| section 119.12 of the Revised Code. | 53956 |
| (C) | 53957 |
| 53958 | |
| 53959 | |
| 53960 | |
| 53961 | |
| 53962 | |
| 53963 |
| | 53964 |
| renewed may apply for a new license two years after the date on | 53965 |
| which the license was suspended, revoked, or not renewed. | 53966 |
| Sec. 4781.121. (A) The manufactured homes commission, | 53967 |
| pursuant to section 4781.04 of the Revised Code, may investigate | 53968 |
| any person who allegedly has committed a violation. If, after an | 53969 |
| investigation the commission determines that reasonable evidence | 53970 |
| exists that a person has committed a violation, within seven days | 53971 |
| after that determination, the commission shall send a written | 53972 |
| notice to that person in the same manner as prescribed in section | 53973 |
| 119.07 of the Revised Code for licensees, except that the notice | 53974 |
| shall specify that a hearing will be held and specify the date, | 53975 |
| time, and place of the hearing. | 53976 |
| (B) The commission shall hold a hearing regarding the alleged | 53977 |
| violation in the same manner prescribed for an adjudication | 53978 |
| hearing under section 119.09 of the Revised Code. If the | 53979 |
| commission, after the hearing, determines that a violation has | 53980 |
| occurred, the commission, upon an affirmative vote of five of its | 53981 |
| members, may impose a fine not exceeding one thousand dollars per | 53982 |
| violation per day. The commission's determination is an order that | 53983 |
| the person may appeal in accordance with section 119.12 of the | 53984 |
| Revised Code. | 53985 |
| (C) If the person who allegedly committed a violation fails | 53986 |
| to appear for a hearing, the commission may request the court of | 53987 |
| common pleas of the county where the alleged violation occurred to | 53988 |
| compel the person to appear before the commission for a hearing. | 53989 |
| (D) If the commission assesses a person a civil penalty for a | 53990 |
| violation and the person fails to pay that civil penalty within | 53991 |
| the time period prescribed by the commission pursuant to section | 53992 |
| 131.02 of the Revised Code, the commission shall forward to the | 53993 |
| attorney general the name of the person and the amount of the | 53994 |
| civil penalty for the purpose of collecting that civil penalty. In | 53995 |
| addition to the civil penalty assessed pursuant to this section, | 53996 |
| the person also shall pay any fee assessed by the attorney general | 53997 |
| for collection of the civil penalty. | 53998 |
| (E) The authority provided to the commission pursuant to this | 53999 |
| section, and any fine imposed under this section, shall be in | 54000 |
| addition to, and not in lieu of, all penalties and other remedies | 54001 |
| provided in this chapter. Any fines collected pursuant to this | 54002 |
| section shall be used solely to administer and enforce this | 54003 |
| chapter and rules adopted under it. Any fees collected pursuant to | 54004 |
| this section shall be transmitted to the treasurer of state and | 54005 |
| shall be credited to the manufactured homes commission regulatory | 54006 |
| fund created in section 4781.54 of the Revised Code and the rules | 54007 |
| adopted thereunder. The fees shall be used only for the purpose of | 54008 |
| administering and enforcing sections 4781.26 to 4781.35 of the | 54009 |
| Revised Code and the rules adopted thereunder. | 54010 |
| (F) As used in this section, "violation" means a violation of | 54011 |
| section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant | 54012 |
| to section 4781.04, of the Revised Code. | 54013 |
| Sec. 4781.14. (A) | 54014 |
| 54015 | |
| manufactured homes commission, has exclusive authority to regulate | 54016 |
| manufactured home installers, the installation of manufactured | 54017 |
| housing, and manufactured housing foundations and support systems | 54018 |
|
in | 54019 |
| the general assembly to preempt municipal corporations and other | 54020 |
| political subdivisions from regulating and licensing manufactured | 54021 |
| housing installers and regulating and inspecting the installation | 54022 |
| of manufactured housing and manufactured housing foundations and | 54023 |
| support systems. | 54024 |
| (B) | 54025 |
| 54026 | |
| exclusive power to adopt rules of uniform application throughout | 54027 |
| the state governing installation of manufactured housing, the | 54028 |
| inspection of manufactured housing foundations and support | 54029 |
| systems, the inspection of the installation of manufactured | 54030 |
| housing, the training and licensing of manufactured housing | 54031 |
| installers, and the investigation of complaints concerning | 54032 |
| manufactured housing installers. | 54033 |
| (C) | 54034 |
| 54035 | |
| to this chapter are the exclusive rules governing the installation | 54036 |
| of manufactured housing, the design, construction, and approval of | 54037 |
| foundations for manufactured housing, the licensure of | 54038 |
| manufactured home installers, and the fees charged for licensure | 54039 |
| of manufactured home installers. No political subdivision of the | 54040 |
| state or any department or agency of the state may establish any | 54041 |
| other standards governing the installation of manufactured | 54042 |
| housing, manufactured housing foundations and support systems, the | 54043 |
| licensure of manufactured housing installers, or fees charged for | 54044 |
| the licensure of manufactured housing installers. | 54045 |
| (D) Nothing in this section limits the authority of the | 54046 |
| attorney general to enforce Chapter 1345. of the Revised Code or | 54047 |
| to take any action permitted by the Revised Code against | 54048 |
| manufactured housing installers, retailers, or manufacturers. | 54049 |
| Sec. 4781.15. The remedies provided in | 54050 |
| 54051 | |
| remedies otherwise available for the same conduct under state or | 54052 |
| local law. | 54053 |
| | 54054 |
| manufactured homes commission, subject to Chapter 119. of the | 54055 |
| Revised Code, shall adopt, and has the exclusive power to adopt, | 54056 |
| rules of uniform application throughout the state governing the | 54057 |
| review of plans, issuance of flood plain management permits, and | 54058 |
| issuance of licenses for manufactured home parks; the location, | 54059 |
| layout, density, construction, drainage, sanitation, safety, and | 54060 |
| operation of those parks; and notices of flood events concerning, | 54061 |
| and flood protection at, those parks. The rules pertaining to | 54062 |
| flood plain management shall be consistent with and not less | 54063 |
| stringent than the flood plain management criteria of the national | 54064 |
| flood insurance program adopted under the "National Flood | 54065 |
| Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 54066 |
| amended. The rules shall not apply to the construction, erection, | 54067 |
| or manufacture of any building to which section 3781.06 of the | 54068 |
| Revised Code is applicable. | 54069 |
| | 54070 |
| constructed after June 30, 1971, shall specify that each home must | 54071 |
| be placed on its lot to provide not less than fifteen feet between | 54072 |
| the side of one home and the side of another home, ten feet | 54073 |
| between the end of one home and the side of another home, and five | 54074 |
| feet between the ends of two homes placed end to end. | 54075 |
| | 54076 |
| compliance with the installation, blocking, tiedown, foundation, | 54077 |
| and base support system standards for manufactured housing located | 54078 |
| in manufactured home parks adopted by the commission pursuant to | 54079 |
| section 4781.04 of the Revised Code. All inspections of the | 54080 |
| installation, blocking, tiedown, foundation, and base support | 54081 |
| systems of manufactured housing in a manufactured home park that | 54082 |
|
the | 54083 |
|
be conducted by a person | 54084 |
| 54085 | |
| certifies pursuant to | 54086 |
| of the Revised Code. | 54087 |
| | 54088 |
| 54089 | |
| 54090 |
| | 54091 |
| 54092 | |
| 54093 | |
| 54094 | |
| 54095 | |
| 54096 | |
| 54097 | |
| 54098 | |
| 54099 |
| (D) The manufactured homes commission may enter into | 54100 |
| contracts for the purpose of fulfilling the commission's annual | 54101 |
| inspection responsibilities for manufactured home parks under this | 54102 |
| chapter. Boards of health of city or general health districts | 54103 |
| shall have the right of first refusal for those contracts. | 54104 |
| | 54105 |
| December, but before the first day of January of the next year, | 54106 |
| every person who intends to operate a manufactured home park shall | 54107 |
| procure a license to operate the park for the next year from the | 54108 |
| 54109 | |
|
fee prescribed under section | 54110 |
|
is not received by the
| 54111 |
| business on the last day of December, the applicant for the | 54112 |
| license shall pay a penalty equal to twenty-five per cent of the | 54113 |
| applicable license fee. The penalty shall accompany the license | 54114 |
| fee. If the last day of December is not a business day, the | 54115 |
| penalty attaches upon the close of business on the next business | 54116 |
| day. | 54117 |
| (2) No manufactured home park shall be maintained or operated | 54118 |
| in this state without a license. | 54119 |
| (3) No person who has received a license, upon the sale or | 54120 |
| disposition of the manufactured home park, may have the license | 54121 |
| transferred to the new operator. A person shall obtain a separate | 54122 |
| license to operate each manufactured home park. | 54123 |
| (B) Before a license is initially issued and annually | 54124 |
|
thereafter, or more often if necessary, the | 54125 |
|
shall cause each manufactured home park to be inspected | 54126 |
| 54127 | |
| of the Revised Code and the rules adopted under those sections. A | 54128 |
| record shall be made of each inspection on a form prescribed by | 54129 |
|
the | 54130 |
| (C) Each person applying for an initial license to operate a | 54131 |
| manufactured home park shall provide acceptable proof to the | 54132 |
| 54133 | |
| provided and that applicable fire codes will be adhered to in the | 54134 |
| construction and operation of the park. | 54135 |
| | 54136 |
| 54137 | |
|
license to operate | 54138 |
|
license shall be determined in accordance with section
| 54139 |
| 4781.26 of the Revised Code and shall include the cost of | 54140 |
| licensing and all inspections. | 54141 |
| | 54142 |
| 54143 | |
| 54144 | |
| 54145 | |
| 54146 | |
| 54147 | |
| 54148 | |
| Any fees collected shall be | 54149 |
| to the treasurer of state and shall be credited to the | 54150 |
| manufactured homes commission regulatory fund created in section | 54151 |
| 4781.54 of the Revised Code and used only for the purpose of | 54152 |
|
administering and enforcing sections | 54153 |
| 4781.35 of the Revised Code and the rules adopted thereunder. | 54154 |
| | 54155 |
| 54156 | |
| 54157 | |
| homes commission may refuse to grant, may suspend, or may revoke | 54158 |
| any license granted to any person for failure to comply with | 54159 |
|
sections | 54160 |
|
with any rule adopted | 54161 |
| 54162 |
| | 54163 |
|
sections
| 54164 |
| any operator shall have the right to rent or use each lot for the | 54165 |
| parking or placement of a manufactured home or mobile home to be | 54166 |
| used for human habitation without interruption for any period | 54167 |
| coextensive with any license or consecutive licenses issued under | 54168 |
|
sections | 54169 |
| (B) No operator of a manufactured home park shall sell | 54170 |
| individual lots in a park for eight years following the issuance | 54171 |
| of the initial license for the park unless, at the time of sale, | 54172 |
| the park fulfills all platting and subdivision requirements | 54173 |
| established by the political subdivision in which the park is | 54174 |
| located, or the political subdivision has entered into an | 54175 |
| agreement with the operator regarding platting and subdivision | 54176 |
| requirements and the operator has fulfilled the terms of that | 54177 |
| agreement. | 54178 |
| | 54179 |
|
sections | 54180 |
| of the Revised Code are in lieu of all license and inspection fees | 54181 |
| on or with respect to the operation or ownership of manufactured | 54182 |
| home parks within this state, except that the licensor may charge | 54183 |
| additional reasonable fees for the collection and bacteriological | 54184 |
| examination of any necessary water samples taken from any such | 54185 |
| park. | 54186 |
| | 54187 |
| to occur within any portion of a manufactured home park until the | 54188 |
| plans for the development have been submitted to and reviewed and | 54189 |
|
approved by the | 54190 |
| This division does not require that plans be submitted to the | 54191 |
| 54192 | |
| manufactured or mobile homes on previously approved lots in a | 54193 |
| manufactured home park when no development is to occur in | 54194 |
| connection with the replacement. Within thirty days after receipt | 54195 |
| of the plans, all supporting documents and materials required to | 54196 |
| complete the review, and the applicable plan review fee | 54197 |
|
established under division (D) of this section, the | 54198 |
| commission shall approve or disapprove the plans. | 54199 |
| (B) Any person aggrieved by the | 54200 |
| disapproval of a set of plans under division (A) of this section | 54201 |
| may request a hearing on the matter within thirty days after | 54202 |
|
receipt of the
| 54203 |
| The hearing shall be held in accordance with Chapter 119. of the | 54204 |
| Revised Code. Thereafter, the disapproval may be appealed in the | 54205 |
| manner provided in section 119.12 of the Revised Code. | 54206 |
| (C) The | 54207 |
| development occurring within a manufactured home park is inspected | 54208 |
|
or verified in accordance with rules adopted under
| 54209 |
|
section | 54210 |
| development complies with the plans approved under division (A) of | 54211 |
| this section. | 54212 |
| (D) The | 54213 |
| for reviewing plans under division (A) of this section and | 54214 |
| conducting inspections under division (C) of this section. | 54215 |
| (E) The | 54216 |
| established under division (D) of this section for reviewing plans | 54217 |
| under division (A) of this section and conducting inspections | 54218 |
| under division (C) of this section. All such plan review and | 54219 |
|
inspection fees received by the | 54220 |
| transmitted to the treasurer of state and shall be credited to the | 54221 |
| 54222 | |
|
created in section | 54223 |
| credited to the fund shall be used only for the purpose of | 54224 |
|
administering and enforcing sections | 54225 |
| 4781.35 of the Revised Code and rules adopted under those | 54226 |
| sections. | 54227 |
| (F) Plan approvals issued under this section do not | 54228 |
| constitute an exemption from the land use and building | 54229 |
| requirements of the political subdivision in which the | 54230 |
| manufactured home park is or is to be located. | 54231 |
| | 54232 |
| to occur or cause the replacement of a mobile or manufactured home | 54233 |
| within any portion of a manufactured home park that is located | 54234 |
| within a one-hundred-year flood plain unless the person first | 54235 |
|
obtains a permit from the | 54236 |
| 54237 | |
| development for which a permit is required under this division is | 54238 |
| to occur on a lot where a mobile or manufactured home is or is to | 54239 |
| be located, the owner of the home and the operator of the | 54240 |
| manufactured home park shall jointly obtain the permit. Each of | 54241 |
| the persons to whom a permit is jointly issued is responsible for | 54242 |
| compliance with the provisions of the approved permit that are | 54243 |
| applicable to that person. | 54244 |
| The | 54245 |
| commission shall disapprove an application for a permit required | 54246 |
|
under this division unless the | 54247 |
| finds that the proposed development or replacement of a mobile or | 54248 |
|
manufactured home complies with the rules adopted under | 54249 |
| 54250 | |
| required under this division for the construction, erection, or | 54251 |
| manufacture of any building to which section 3781.06 of the | 54252 |
| Revised Code applies. | 54253 |
| The | 54254 |
| commission may suspend or revoke a permit issued under this | 54255 |
| division for failure to comply with the rules adopted under | 54256 |
| 54257 | |
| pertaining to flood plain management or for failure to comply with | 54258 |
| the approved permit. | 54259 |
| Any person aggrieved by the disapproval, suspension, or | 54260 |
|
revocation of a permit under this division by the | 54261 |
| 54262 | |
| hearing on the matter within thirty days after receipt of the | 54263 |
| notice of the disapproval, suspension, or revocation. The hearing | 54264 |
| shall be held in accordance with Chapter 119. of the Revised Code. | 54265 |
| Thereafter, an appeal of the disapproval, suspension, or | 54266 |
| revocation may be taken in the manner provided in section 119.12 | 54267 |
| of the Revised Code. | 54268 |
| (B) The | 54269 |
| for the issuance of permits under division (A) of this section and | 54270 |
| for necessary inspections conducted to determine compliance with | 54271 |
| those permits. | 54272 |
| (C) The | 54273 |
| commission shall charge the appropriate fee established under | 54274 |
| division (B) of this section for the issuance of a permit under | 54275 |
| division (A) of this section or for conducting any necessary | 54276 |
| inspection to determine compliance with the permit. If the | 54277 |
| 54278 | |
| inspection, the fee for the permit or inspection shall be | 54279 |
| transmitted to the treasurer of state and shall be credited to the | 54280 |
| 54281 | |
|
created in section | 54282 |
|
credited to the fund shall be used
| 54283 |
|
purpose of administering and enforcing sections | 54284 |
| 54285 | |
|
sections. | 54286 |
| 54287 | |
| 54288 | |
| 54289 | |
| 54290 |
| | 54291 |
| manufactured home park, the operator of the manufactured home | 54292 |
|
park, in accordance with rules adopted under | 54293 |
|
section | 54294 |
| 54295 | |
| homes commission and the board of health having jurisdiction where | 54296 |
| the flood event occurred within forty-eight hours after the end of | 54297 |
| the flood event. The commission, after receiving notification, | 54298 |
| shall immediately notify the board of health. | 54299 |
| | 54300 |
| | 54301 |
| 54302 | |
| 54303 | |
| 54304 | |
| 54305 | |
|
being notified of such a flood event | 54306 |
| board of health shall cause an inspection to be made of the | 54307 |
| manufactured home park named in the notice. The board of health | 54308 |
| shall issue a report of the inspection to the commission within | 54309 |
| ten days after the inspection is completed. | 54310 |
| | 54311 |
| that is located in a flood plain is substantially damaged, the | 54312 |
| owner of the home shall make all alterations, repairs, or changes | 54313 |
| to the home, and the operator of the manufactured home park shall | 54314 |
| make all alterations, repairs, or changes to the lot on which the | 54315 |
| home is located, that are necessary to ensure compliance with the | 54316 |
|
flood plain management rules adopted under | 54317 |
| 54318 | |
| changes may include, without limitation, removal of the home or | 54319 |
| other structures. | 54320 |
| No person shall fail to comply with this division. | 54321 |
| (B) No person shall cause to be performed any alteration, | 54322 |
| repair, or change required by division (A) of this section unless | 54323 |
|
the person first obtains a permit from the | 54324 |
| 54325 | |
| 54326 | |
| 54327 | |
| 54328 | |
| 54329 | |
| 54330 |
| The | 54331 |
| commission shall disapprove an application for a permit required | 54332 |
|
under this division unless the | 54333 |
| finds that the proposed alteration, repair, or change complies | 54334 |
|
with the rules adopted under | 54335 |
| 4781.26 of the Revised Code. No permit is required under this | 54336 |
| division for the construction, erection, or manufacture of any | 54337 |
| building to which section 3781.06 of the Revised Code applies. | 54338 |
| The | 54339 |
| commission may suspend or revoke a permit issued under this | 54340 |
| division for failure to comply with the rules adopted under | 54341 |
| 54342 | |
| pertaining to flood plain management or for failure to comply with | 54343 |
| the approved permit for making alterations, repairs, or changes to | 54344 |
| the lot on which the manufactured home is located. | 54345 |
| Any person aggrieved by the disapproval, suspension, or | 54346 |
|
revocation of a permit under this division by the | 54347 |
| 54348 | |
| hearing on the matter within thirty days after receipt of the | 54349 |
| notice of the disapproval, suspension, or revocation. The hearing | 54350 |
| shall be held in accordance with Chapter 119. of the Revised Code. | 54351 |
| Thereafter, an appeal of the disapproval, suspension, or | 54352 |
| revocation may be taken in the manner provided in section 119.12 | 54353 |
| of the Revised Code and for necessary inspections conducted to | 54354 |
| determine compliance with those permits. | 54355 |
| (C) The | 54356 |
| for the issuance of permits under division (B) of this section and | 54357 |
| for necessary inspections conducted to determine compliance with | 54358 |
| those permits for making alterations, repairs, or changes to the | 54359 |
| lot on which the manufactured home is located. | 54360 |
| (D) The | 54361 |
| commission shall charge the appropriate fee established under | 54362 |
| division (C) of this section for the issuance of a permit under | 54363 |
| division (B) of this section or for conducting any necessary | 54364 |
| inspection to determine compliance with the permit. If the | 54365 |
| 54366 | |
| inspection, the fee for the permit or inspection shall be | 54367 |
| transmitted to the treasurer of state and shall be credited to the | 54368 |
| 54369 | |
|
created in section | 54370 |
|
credited to the fund shall be used | 54371 |
|
purpose of administering and enforcing sections | 54372 |
| 54373 | |
|
sections. | 54374 |
| 54375 | |
| 54376 | |
| 54377 | |
| 54378 |
| | 54379 |
| 54380 | |
| rules adopted thereunder. | 54381 |
| (B) The prosecuting attorney of the county, the city director | 54382 |
|
of law, or the attorney general, upon complaint of the | 54383 |
| 54384 | |
| prosecute to termination or bring an action for injunction against | 54385 |
|
any person violating sections | 54386 |
| of the Revised Code or the rules adopted thereunder. | 54387 |
| | 54388 |
| 4781.37 of the Revised Code, a park operator shall not retaliate | 54389 |
| against a resident by increasing the resident's rent, decreasing | 54390 |
| services that are due to the resident, refusing to renew or | 54391 |
| threatening to refuse to renew the rental agreement with the | 54392 |
| resident, or bringing or threatening to bring an action for | 54393 |
| possession of the resident's premises because: | 54394 |
| (1) The resident has complained to an appropriate | 54395 |
| governmental agency of a violation of a building, housing, health, | 54396 |
| or safety code that is applicable to the premises, and the | 54397 |
| violation materially affects health and safety; | 54398 |
| (2) The resident has complained to the park operator of any | 54399 |
|
violation of section | 54400 |
| (3) The resident joined with other residents for the purpose | 54401 |
| of negotiating or dealing collectively with the park operator on | 54402 |
| any of the terms and conditions of a rental agreement. | 54403 |
| (B) If a park operator acts in violation of division (A) of | 54404 |
| this section, the resident may: | 54405 |
| (1) Use the retaliatory action of the park operator as a | 54406 |
| defense to an action by the park operator to recover possession of | 54407 |
| the premises; | 54408 |
| (2) Recover possession of the premises; | 54409 |
| (3) Terminate the rental agreement. | 54410 |
| In addition, the resident may recover from the park operator | 54411 |
| any actual damages together with reasonable attorneys fees. | 54412 |
| (C) Nothing in division (A) of this section prohibits a park | 54413 |
| operator from increasing the rent to reflect the cost of | 54414 |
| improvements installed by the park operator in or about the | 54415 |
| premises or to reflect an increase in other costs of operation of | 54416 |
| the premises. | 54417 |
| | 54418 |
| 4781.36 of the Revised Code, a park operator may bring an action | 54419 |
| under Chapter 1923. of the Revised Code for possession of the | 54420 |
| premises if any of the following applies: | 54421 |
| (1) The resident is in default in the payment of rent. | 54422 |
| (2) The violation of the applicable building, housing, | 54423 |
| health, or safety code that the resident complained of was | 54424 |
| primarily caused by any act or lack of reasonable care by the | 54425 |
| resident, by any other person in the resident's household, or by | 54426 |
| anyone on the premises with the consent of the resident. | 54427 |
| (3) The resident is holding over the resident's term. | 54428 |
| (4) The resident is in violation of rules of the | 54429 |
| 54430 | |
|
section | 54431 |
|
manufactured home park adopted pursuant to the rules of the | 54432 |
| 54433 |
| (5) The resident has been absent from the manufactured home | 54434 |
| park for a period of thirty consecutive days prior to the | 54435 |
| commencement of the action, and the resident's manufactured home, | 54436 |
| mobile home, or recreational vehicle parked in the manufactured | 54437 |
| home park has been left unoccupied for that thirty-day period, | 54438 |
| without notice to the park operator and without payment of rent | 54439 |
| due under the rental agreement. | 54440 |
| (B) The maintenance of an action by the park operator under | 54441 |
| this section does not prevent the resident from recovering damages | 54442 |
| for any violation by the park operator of the rental agreement or | 54443 |
|
of section | 54444 |
| | 54445 |
| a rental agreement shall: | 54446 |
| (1) Comply with the requirements of all applicable building, | 54447 |
| housing, health, and safety codes which materially affect health | 54448 |
|
and safety, and comply with rules of the | 54449 |
| manufactured homes commission; | 54450 |
| (2) Make all repairs and do whatever is reasonably necessary | 54451 |
| to put and keep the premises in a fit and habitable condition; | 54452 |
| (3) Keep all common areas of the premises in a safe and | 54453 |
| sanitary condition; | 54454 |
| (4) Maintain in good and safe working order and condition all | 54455 |
| electrical and plumbing fixtures and appliances, and septic | 54456 |
| systems, sanitary and storm sewers, refuse receptacles, and well | 54457 |
| and water systems that are supplied or required to be supplied by | 54458 |
| 54459 |
| (5) Not abuse the right of access conferred by division (B) | 54460 |
|
of section | 54461 |
| (6) Except in the case of emergency or if it is impracticable | 54462 |
|
to do so, give the resident reasonable notice of
| 54463 |
| operator's intent to enter onto the residential premises and enter | 54464 |
| only at reasonable times. Twenty-four hours' notice shall be | 54465 |
| presumed to be a reasonable notice in the absence of evidence to | 54466 |
| the contrary. | 54467 |
| (B) If the park operator violates any provision of this | 54468 |
| section, makes a lawful entry onto the residential premises in an | 54469 |
| unreasonable manner, or makes repeated demands for entry otherwise | 54470 |
| lawful which demands have the effect of harassing the resident, | 54471 |
| the resident may recover actual damages resulting from the | 54472 |
| violation, entry, or demands and injunctive relief to prevent the | 54473 |
|
recurrence of the conduct, and if | 54474 |
| judgment, reasonable attorneys' fees, or terminate the rental | 54475 |
| agreement. | 54476 |
| | 54477 |
| rental agreement shall: | 54478 |
| (1) Keep that part of the premises that the resident occupies | 54479 |
| and uses safe and sanitary; | 54480 |
| (2) Dispose of all rubbish, garbage, and other waste in a | 54481 |
| clean, safe, and sanitary manner; | 54482 |
| (3) Comply with the requirements imposed on residents by all | 54483 |
| applicable state and local housing, health, and safety codes, | 54484 |
|
rules of the | 54485 |
| and rules of the manufactured home park; | 54486 |
| (4) Personally refrain, and forbid any other person who is on | 54487 |
| the premises with the resident's permission, from intentionally or | 54488 |
| negligently destroying, defacing, damaging, or removing any | 54489 |
| fixture, appliance, or other part of the residential premises; | 54490 |
| (5) Conduct self and require other persons on the premises | 54491 |
| with the resident's consent to conduct themselves in a manner that | 54492 |
| will not disturb the resident's neighbors' peaceful enjoyment of | 54493 |
| the manufactured home park. | 54494 |
| (B) The resident shall not unreasonably withhold consent for | 54495 |
| the park operator to enter the home to inspect utility | 54496 |
| connections, or enter onto the premises in order to inspect the | 54497 |
| premises, make ordinary, necessary, or agreed repairs, | 54498 |
| decorations, alterations, or improvements, deliver parcels which | 54499 |
| are too large for the resident's mail facilities, or supply | 54500 |
| necessary or agreed services. | 54501 |
| (C) If the resident violates any provision of this section, | 54502 |
| the park operator may recover any actual damages which result from | 54503 |
| the violation and reasonable attorneys' fees. This remedy is in | 54504 |
| addition to any right of the park operator to terminate the rental | 54505 |
| agreement, to maintain an action for the possession of the | 54506 |
| premises, or injunctive relief to compel access under division (B) | 54507 |
| of this section. | 54508 |
| | 54509 |
| each home owner a written rental agreement for a manufactured home | 54510 |
| park lot for a term of one year or more that contains terms | 54511 |
| essentially the same as any alternative month-to-month rental | 54512 |
| agreement offered to current and prospective tenants and owners. | 54513 |
| The park operator shall offer the minimum one-year rental | 54514 |
| agreement to the owner prior to installation of the home in the | 54515 |
| manufactured home park or, if the home is in the manufactured home | 54516 |
| park, prior to the expiration of the owner's existing rental | 54517 |
| agreement. | 54518 |
| (2) The park operator shall deliver the offer to the owner by | 54519 |
| certified mail, return receipt requested, or in person. If the | 54520 |
| park operator delivers the offer to the owner in person, the owner | 54521 |
| shall complete a return showing receipt of the offer. If the owner | 54522 |
| does not accept the offer, the park operator is discharged from | 54523 |
| any obligation to make any further such offers. If the owner | 54524 |
| accepts the offer, the park operator shall, at the expiration of | 54525 |
| each successive rental agreement, offer the owner another rental | 54526 |
| agreement, for a term that is mutually agreed upon, and that | 54527 |
| contains terms essentially the same as the alternative | 54528 |
| month-to-month agreement. The park operator shall deliver | 54529 |
| subsequent rental offers by ordinary mail or personal delivery. If | 54530 |
| the park operator sells the manufactured home park to another | 54531 |
| manufactured home park operator, the purchaser is bound by the | 54532 |
| rental agreements entered into by the purchaser's predecessor. | 54533 |
| (3) If the park operator sells the manufactured home park for | 54534 |
| a use other than as a manufactured home park, the park operator | 54535 |
| shall give each tenant and owner a written notification by | 54536 |
| certified mail, return receipt requested, or by handing it to the | 54537 |
| tenant or owner in person. If the park operator delivers the | 54538 |
| notification in person, the recipient shall complete a return | 54539 |
| showing receipt of the notification. This notification shall | 54540 |
| contain notice of the sale of the manufactured home park, and | 54541 |
| notice of the date by which the tenant or owner shall vacate. The | 54542 |
| date by which the tenant shall vacate shall be at least one | 54543 |
| hundred twenty days after receipt of the written notification, and | 54544 |
| the date by which the owner shall vacate shall be at least one | 54545 |
| hundred eighty days after receipt of the written notification. | 54546 |
| (B) A park operator shall fully disclose in writing all fees, | 54547 |
| charges, assessments, including rental fees, and rules prior to a | 54548 |
| tenant or owner executing a rental agreement and assuming | 54549 |
| occupancy in the manufactured home park. No fees, charges, | 54550 |
| assessments, or rental fees so disclosed may be increased nor | 54551 |
| rules changed by a park operator without specifying the date of | 54552 |
| implementation of the changed fees, charges, assessments, rental | 54553 |
| fees, or rules, which date shall be not less than thirty days | 54554 |
| after written notice of the change and its effective date to all | 54555 |
| tenants or owners in the manufactured home park, and no fee, | 54556 |
| charge, assessment, or rental fee shall be increased during the | 54557 |
| term of any tenant's or owner's rental agreement. Failure on the | 54558 |
| part of the park operator to fully disclose all fees, charges, or | 54559 |
| assessments shall prevent the park operator from collecting the | 54560 |
| undisclosed fees, charges, or assessments. If a tenant or owner | 54561 |
| refuses to pay any undisclosed fees, charges, or assessments, the | 54562 |
| refusal shall not be used by the park operator as a cause for | 54563 |
| eviction in any court. | 54564 |
| (C) A park operator shall promulgate rules governing the | 54565 |
| rental or occupancy of a lot in the manufactured home park. The | 54566 |
| rules shall not be unreasonable, arbitrary, or capricious. A copy | 54567 |
| of the rules and any amendments to them shall be delivered by the | 54568 |
| park operator to the tenant or owner prior to signing the rental | 54569 |
| agreement. A copy of the rules and any amendments to them shall be | 54570 |
| posted in a conspicuous place upon the manufactured home park | 54571 |
| grounds. | 54572 |
| (D) No park operator shall require an owner to purchase from | 54573 |
| the park operator any personal property. The park operator may | 54574 |
| determine by rule the style or quality of skirting, equipment for | 54575 |
| tying down homes, manufactured or mobile home accessories, or | 54576 |
| other equipment to be purchased by an owner from a vendor of the | 54577 |
| owner's choosing, provided that the equipment is readily available | 54578 |
| to the owner. Any such equipment shall be installed in accordance | 54579 |
| with the manufactured home park rules. | 54580 |
| (E) No park operator shall charge any owner who chooses to | 54581 |
| install an electric or gas appliance in a home an additional fee | 54582 |
| solely on the basis of the installation, unless the installation | 54583 |
| is performed by the park operator at the request of the owner, nor | 54584 |
| shall the park operator restrict the installation, service, or | 54585 |
| maintenance of the appliance, restrict the ingress or egress of | 54586 |
| repairpersons to the manufactured home park for the purpose of | 54587 |
| installation, service, or maintenance of the appliance, nor | 54588 |
| restrict the making of any interior improvement in a home, if the | 54589 |
| installation or improvement is in compliance with applicable | 54590 |
| building codes and other provisions of law and if adequate utility | 54591 |
| services are available for the installation or improvement. | 54592 |
| (F) No park operator shall require a tenant to lease or an | 54593 |
| owner to purchase a manufactured or mobile home from the park | 54594 |
| operator or any specific person as a condition of or prerequisite | 54595 |
| to entering into a rental agreement. | 54596 |
| (G) No park operator shall require an owner to use the | 54597 |
| services of the park operator or any other specific person for | 54598 |
| installation of the manufactured or mobile home on the residential | 54599 |
| premises or for the performance of any service. | 54600 |
| (H) No park operator shall: | 54601 |
| (1) Deny any owner the right to sell the owner's manufactured | 54602 |
| home within the manufactured home park if the owner gives the park | 54603 |
| operator ten days' notice of the intention to sell the home; | 54604 |
| (2) Require the owner to remove the home from the | 54605 |
| manufactured home park solely on the basis of the sale of the | 54606 |
| home; | 54607 |
| (3) Unreasonably refuse to enter into a rental agreement with | 54608 |
| a purchaser of a home located within the operator's manufactured | 54609 |
| home park; | 54610 |
| (4) Charge any tenant or owner any fee, charge, or | 54611 |
| assessment, including a rental fee, that is not set forth in the | 54612 |
| rental agreement or, if the rental agreement is oral, is not set | 54613 |
| forth in a written disclosure given to the tenant or owner prior | 54614 |
| to the tenant or owner entering into a rental agreement; | 54615 |
| (5) Charge any owner any fee, charge, or assessment because | 54616 |
| of the transfer of ownership of a home or because a home is moved | 54617 |
| out of or into the manufactured home park, except a charge for the | 54618 |
| actual costs and expenses that are incurred by the park operator | 54619 |
| in moving the home out of or into the manufactured home park, or | 54620 |
| in installing the home in the manufactured home park and that have | 54621 |
| not been reimbursed by another tenant or owner. | 54622 |
| (I) If the park operator violates any provision of divisions | 54623 |
| (A) to (H) of this section, the tenant or owner may recover actual | 54624 |
| damages resulting from the violation, and, if the tenant or owner | 54625 |
| obtains a judgment, reasonable attorneys' fees, or terminate the | 54626 |
| rental agreement. | 54627 |
| (J) No rental agreement shall require a tenant or owner to | 54628 |
| sell, lease, or sublet the tenant's or owner's interest in the | 54629 |
| rental agreement or the manufactured or mobile home that is or | 54630 |
| will be located on the lot that is the subject of the rental | 54631 |
| agreement to any specific person or through any specific person as | 54632 |
| the person's agent. | 54633 |
| (K) No park operator shall enter into a rental agreement with | 54634 |
| the owner of a manufactured or mobile home for the use of | 54635 |
| residential premises, if the rental agreement requires the owner | 54636 |
| of the home, as a condition to the owner's renting, occupying, or | 54637 |
| remaining on the residential premises, to pay the park operator or | 54638 |
| any other person specified in the rental agreement a fee or any | 54639 |
| sum of money based on the sale of the home, unless the owner of | 54640 |
| the home uses the park operator or other person as the owner's | 54641 |
| agent in the sale of the home. | 54642 |
| (L) A park operator and a tenant or owner may include in a | 54643 |
| rental agreement any terms and conditions, including any term | 54644 |
| relating to rent, the duration of an agreement, and any other | 54645 |
| provisions governing the rights and obligations of the parties | 54646 |
| that are not inconsistent with or prohibited by sections 3733.09 | 54647 |
| to 3733.20 of the Revised Code or any other rule of law. | 54648 |
| (M) Notwithstanding any other provision of the Revised Code, | 54649 |
|
the owner of a manufactured or mobile home | 54650 |
| 54651 | |
| housing dealer or broker licensed under Chapter 4517. of the | 54652 |
|
Revised Code or a person properly licensed under Chapter | 54653 |
| 4781. of the Revised Code to sell or lease the home. | 54654 |
| | 54655 |
|
fulfill any obligation imposed upon | 54656 |
|
section | 54657 |
| agreement, or the conditions of the premises are such that the | 54658 |
| resident reasonably believes that a park operator has failed to | 54659 |
| fulfill any such obligations, or a governmental agency has found | 54660 |
| that the premises are not in compliance with building, housing, | 54661 |
| health, or safety codes which apply to any condition of the | 54662 |
| residential premises that could materially affect the health and | 54663 |
| safety of an occupant, the resident may give notice in writing to | 54664 |
| the park operator specifying the acts, omissions, or code | 54665 |
| violations that constitute noncompliance with such provisions. The | 54666 |
| notice shall be sent to the person or place where rent is normally | 54667 |
| paid. | 54668 |
| (B) If a park operator receives the notice described in | 54669 |
| division (A) of this section and after receipt of the notice fails | 54670 |
| to remedy the condition within a reasonable time, considering the | 54671 |
| severity of the condition and the time necessary to remedy such | 54672 |
| condition, or within thirty days, whichever is sooner, and if the | 54673 |
| resident is current in rent payments due under the rental | 54674 |
| agreement, the resident may do one of the following: | 54675 |
| (1) Deposit all rent that is due and thereafter becomes due | 54676 |
| the park operator with the clerk of court of the municipal or | 54677 |
| county court having jurisdiction in the territory in which the | 54678 |
| residential premises are located; | 54679 |
| (2) Apply to the court for an order directing the park | 54680 |
| operator to remedy the condition. As part thereof, the resident | 54681 |
| may deposit rent pursuant to division (B)(1) of this section, and | 54682 |
| may apply for an order reducing the periodic rent due the park | 54683 |
| operator until such time as the park operator does remedy the | 54684 |
| condition, and may apply for an order to use the rent deposited to | 54685 |
| remedy the condition. In any order issued pursuant to this | 54686 |
| division, the court may require the resident to deposit rent with | 54687 |
| the clerk of court as provided in division (B)(1) of this section. | 54688 |
| | 54689 |
|
with the clerk of a court as provided in section | 54690 |
| of the Revised Code, the clerk shall give written notice of this | 54691 |
|
fact to the park operator and to | 54692 |
| any. | 54693 |
| (B) The clerk shall place all rent deposited with | 54694 |
| clerk in a separate rent escrow account in the name of the clerk | 54695 |
| in a bank or building and loan association domiciled in this | 54696 |
| state. | 54697 |
| (C) The clerk shall keep in a separate docket an account of | 54698 |
| each deposit, with the name and address of the resident, and the | 54699 |
|
name and address of the park operator and of | 54700 |
| operator's agent, if any. | 54701 |
| (D) For | 54702 |
| one per cent of the amount of the rent deposited, which shall be | 54703 |
| assessed as court costs. | 54704 |
| (E) All interest that has accrued on the rent deposited by | 54705 |
| the clerk of a county court under division (B) of this section | 54706 |
| shall be paid into the treasury of the political subdivision for | 54707 |
|
which the clerk performs | 54708 |
| has accrued on the rent deposited by the clerk of a municipal | 54709 |
| court under division (B) of this section shall be paid into the | 54710 |
| city treasury as defined in division (B) of section 1901.03 of the | 54711 |
| Revised Code. | 54712 |
| | 54713 |
|
notice that rent due | 54714 |
|
a clerk of court pursuant to section | 54715 |
| Revised Code, may: | 54716 |
| (1) Apply to the clerk of court for release of the rent on | 54717 |
| the ground that the condition contained in the notice given | 54718 |
|
pursuant to division (A) of section | 54719 |
| Code has been remedied. The clerk shall forthwith release the | 54720 |
| rent, less costs, to the park operator if the resident gives | 54721 |
| written notice to the clerk that the condition has been remedied. | 54722 |
| (2) Apply to the court for release of the rent on the grounds | 54723 |
| that the resident did not comply with the notice requirement of | 54724 |
|
division (A) of section | 54725 |
| that the resident was not current in rent payments due under the | 54726 |
| rental agreement at the time the resident initiated rent deposits | 54727 |
|
with the clerk of courts under division (B)(1) of section | 54728 |
| 4781.41 of the Revised Code; | 54729 |
| (3) Apply to the court for release of the rent on the grounds | 54730 |
| that there was no violation of any obligation imposed upon the | 54731 |
|
park operator by section | 54732 |
| the rental agreement, or by any building, housing, health, or | 54733 |
| safety code, or that the condition contained in the notice given | 54734 |
|
pursuant to division (A) of section | 54735 |
| Code has been remedied. | 54736 |
| (B) The resident shall be named as a party to any action | 54737 |
| filed by the park operator under this section, and shall have the | 54738 |
| right to file an answer and counterclaim, as in other civil cases. | 54739 |
| A trial shall be held within sixty days of the date of filing of | 54740 |
| the park operator's complaint, unless for good cause shown the | 54741 |
| court grants a continuance. | 54742 |
| (C) If the court finds that there was no violation of any | 54743 |
|
obligation imposed upon the park operator by section | 54744 |
| 4781.38 of the Revised Code or by the rental agreement, or by any | 54745 |
| building, housing, health, or safety code, or that the condition | 54746 |
| contained in the notice given pursuant to division (A) of section | 54747 |
| 54748 | |
| resident did not comply with the notice requirement of division | 54749 |
|
(A) of section
| 54750 |
| resident was not current in rent payments at the time the resident | 54751 |
| initiated rent deposits with the clerk of court under division | 54752 |
|
(B)(1) of section | 54753 |
| shall order the release to the park operator of rent on deposit | 54754 |
| with the clerk, less costs. | 54755 |
| (D) If the court finds that the condition contained in the | 54756 |
|
notice given pursuant to division (A) of section | 54757 |
| of the Revised Code was the result of an act or omission of the | 54758 |
| resident, or that the resident intentionally acted in bad faith in | 54759 |
|
proceeding under section | 54760 |
| resident shall be liable for damages caused to the park operator, | 54761 |
| and for costs, together with reasonable attorneys' fees if the | 54762 |
| resident intentionally acted in bad faith. | 54763 |
| | 54764 |
| action for the release of rent deposited with a clerk of court, | 54765 |
| the court may, during the pendency of the action, upon application | 54766 |
| of the park operator, release part of the rent on deposit for | 54767 |
| payment of the periodic interest on a mortgage on the premises, | 54768 |
| the periodic principal payments on a mortgage on the premises, the | 54769 |
| insurance premiums for the premises, real estate taxes on the | 54770 |
| premises, utility services, repairs, and other customary and usual | 54771 |
| costs of operating the premises. | 54772 |
| (B) In determining whether to release rent for the payments | 54773 |
| described in division (A) of this section, the court shall | 54774 |
| consider the amount of rent the park operator receives from other | 54775 |
| lots, the cost of operating these lots, and the costs which may be | 54776 |
| required to remedy the condition contained in the notice given | 54777 |
|
pursuant to division (A) of section | 54778 |
| Code. | 54779 |
| | 54780 |
| violation of the rules of the manufactured home park, of the | 54781 |
| 54782 | |
| applicable state and local health and safety codes, the park | 54783 |
| operator may deliver a written notification of the violation to | 54784 |
| the resident. The notification shall contain all of the following: | 54785 |
| (A) A description of the violation; | 54786 |
| (B) A statement that the rental agreement will terminate upon | 54787 |
| a date specified in the written notice not less than thirty days | 54788 |
| after receipt of the notice unless the resident remedies the | 54789 |
| violation; | 54790 |
| (C) A statement that the violation was material and that if a | 54791 |
|
second material violation of any park or | 54792 |
| commission rule, or any health and safety code, occurs within six | 54793 |
| months after the date of this notice, the rental agreement will | 54794 |
| terminate immediately; | 54795 |
| (D) A statement that a defense available to termination of | 54796 |
|
the rental agreement for two material violations of park or
| 54797 |
| 54798 | |
|
that the park rule is unreasonable, or that the park or | 54799 |
| 54800 | |
| being enforced against other manufactured home park residents, or | 54801 |
| that the two violations were not willful and not committed in bad | 54802 |
| faith. | 54803 |
| If the resident remedies the condition described in the | 54804 |
| notice, whether by repair, the payment of damages, or otherwise, | 54805 |
| the rental agreement shall not terminate. The park operator may | 54806 |
| terminate the rental agreement immediately if the resident commits | 54807 |
|
a second material violation of the park or | 54808 |
| commission rules, or of applicable state and local health and | 54809 |
| safety codes, subject to the defense that the park rule is | 54810 |
|
unreasonable, that the park or | 54811 |
| rule, or health or safety code, is not being enforced against | 54812 |
| other manufactured home park residents, or that the two violations | 54813 |
| were not willful and not committed in bad faith. | 54814 |
| | 54815 |
| 4781.36 to | 54816 |
| recover damages for the breach of contract or the breach of any | 54817 |
| duty that is imposed by law. | 54818 |
| | 54819 |
| 4781.36 to
| 54820 |
| waived by any oral or written agreement except as provided in | 54821 |
| division (F) of this section. | 54822 |
| (B) No warrant of attorney to confess judgment shall be | 54823 |
| recognized in any rental agreement or in any other agreement | 54824 |
| between a park operator and resident for the recovery of rent or | 54825 |
| damages to the residential premises. | 54826 |
| (C) No agreement to pay the park operator's or resident's | 54827 |
| attorney fees shall be recognized in any rental agreement for | 54828 |
| residential premises or in any other agreement between a park | 54829 |
| operator and resident. | 54830 |
| (D) No agreement by a resident to the exculpation or | 54831 |
| limitation of any liability of the park operator arising under law | 54832 |
| or to indemnify the park operator for that liability or its | 54833 |
| related costs shall be recognized in any rental agreement or in | 54834 |
| any other agreement between a park operator and resident. | 54835 |
| (E) A rental agreement, or the assignment, conveyance, trust | 54836 |
| deed, or security instrument of the park operator's interest in | 54837 |
| the rental agreement may not permit the receipt of rent free of | 54838 |
|
the obligation to comply with section | 54839 |
| Revised Code. | 54840 |
| (F) The park operator may agree to assume responsibility for | 54841 |
| fulfilling any duty or obligation imposed on a resident by section | 54842 |
| 54843 |
| | 54844 |
| finds a rental agreement, or any clause of it, to have been | 54845 |
| unconscionable at the time it was made, it may refuse to enforce | 54846 |
| the rental agreement or it may enforce the remainder of the rental | 54847 |
| agreement without the unconscionable clause, or it may so limit | 54848 |
| the application of any unconscionable clause as to avoid any | 54849 |
| unconscionable result. | 54850 |
| (B) When it is claimed or appears to the court that the | 54851 |
| rental agreement, or any clause of it, may be unconscionable, the | 54852 |
| parties shall be afforded a reasonable opportunity to present | 54853 |
| evidence as to its setting, purpose, and effect to aid the court | 54854 |
| in making the determination. | 54855 |
| | 54856 |
| premises shall initiate any act, including termination of | 54857 |
| utilities or services, exclusion from the premises, or threat of | 54858 |
| any unlawful act, against a resident, or a resident whose right to | 54859 |
| possession has terminated, for the purpose of recovering | 54860 |
| possession of residential premises, other than as provided in | 54861 |
|
Chapters 1923., | 54862 |
| (B) No park operator of residential premises shall seize the | 54863 |
| furnishings or possessions of a resident, or of a resident whose | 54864 |
| right to possession was terminated, for the purpose of recovering | 54865 |
| rent payments, other than in accordance with an order issued by a | 54866 |
| court of competent jurisdiction. | 54867 |
| (C) A park operator who violates this section is liable in a | 54868 |
| civil action for all damages caused to a resident, or to a | 54869 |
| resident whose right to possession has terminated, together with | 54870 |
| reasonable attorneys' fees. | 54871 |
| | 54872 |
| fifty dollars or one month's periodic rent, whichever is greater, | 54873 |
| shall bear interest on the excess at the rate of five per cent per | 54874 |
| annum if the resident remains in possession of the premises for | 54875 |
| six months or more, and shall be computed and paid annually by the | 54876 |
| park operator to the resident. | 54877 |
| (B) Upon termination of the rental agreement any property or | 54878 |
| money held by the park operator as a security deposit may be | 54879 |
| applied to the payment of past due rent and to the payment of the | 54880 |
| amount of damages that the park operator has suffered by reason of | 54881 |
|
the resident's noncompliance with section | 54882 |
| Revised Code or the rental agreement. Any deduction from the | 54883 |
| security deposit shall be itemized and identified by the park | 54884 |
| operator in a written notice delivered to the resident together | 54885 |
| with the amount due, within thirty days after termination of the | 54886 |
| rental agreement and delivery of possession. The resident shall | 54887 |
| provide the park operator in writing with a forwarding address or | 54888 |
| new address to which the written notice and amount due from the | 54889 |
| park operator may be sent. If the resident fails to provide the | 54890 |
| park operator with the forwarding or new address as required, the | 54891 |
| resident shall not be entitled to damages or attorneys' fees under | 54892 |
| division (C) of this section. | 54893 |
| (C) If the park operator fails to comply with division (B) of | 54894 |
| this section, the resident may recover the property and money due | 54895 |
| 54896 | |
| amount wrongfully withheld, and reasonable attorneys' fees. | 54897 |
| | 54898 |
| residential premises shall contain the name and address of the | 54899 |
| owner of the residential premises and the name and address of the | 54900 |
| owner's agent, if any. If the owner or the owner's agent is a | 54901 |
| corporation, partnership, limited partnership, association, trust, | 54902 |
| or other entity, the address shall be the principal place of | 54903 |
| business in the county in which the residential premises are | 54904 |
| situated or if there is no place of business in such county then | 54905 |
| its principal place of business in this state, and shall include | 54906 |
| the name of the person in charge thereof. | 54907 |
| (B) If the rental agreement is oral, the park operator, at | 54908 |
| the commencement of the term of occupancy, shall deliver to the | 54909 |
| resident a written notice containing the information required in | 54910 |
| division (A) of this section. | 54911 |
| (C) If the park operator fails to provide the notice of the | 54912 |
| name and address of the owner and owner's agent, if any, as | 54913 |
| required under division (A) or (B) of this section, the notices to | 54914 |
|
the park operator required under division (A) of sections
| 54915 |
| 4781.41 and | 54916 |
| park operator and the operator's agent. | 54917 |
| (D) Every written rental agreement for residential premises | 54918 |
| shall contain the following notice in ten-point boldface type: | 54919 |
| "YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK | 54920 |
|
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS | 54921 |
| 54922 | |
| AGREEMENTS IN MANUFACTURED HOME PARKS." | 54923 |
| If the rental agreement is oral, the park operator, at the | 54924 |
| commencement of the term of occupancy, shall deliver the notice to | 54925 |
| the resident in writing. | 54926 |
| | 54927 |
| continue in existence any ordinance and no township may adopt or | 54928 |
| continue in existence any resolution that is in conflict with | 54929 |
|
sections | 54930 |
| or that regulates those rights and obligations of parties to a | 54931 |
|
rental agreement that are regulated by sections | 54932 |
| 54933 | |
| 54934 | |
| building, health, or safety codes of any municipal corporation or | 54935 |
| township. | 54936 |
| Sec. 4781.54. There is hereby created in the state treasury | 54937 |
| the manufactured homes commission regulatory fund. The fund shall | 54938 |
| consist of fees collected under section 4781.121 of the Revised | 54939 |
| Code and fees paid under section 4781.28 of the Revised Code and | 54940 |
| shall be used for the purposes described in those sections. | 54941 |
| Sec. 4781.99. (A) Whoever violates division (A) of section | 54942 |
| 4781.16 of the Revised Code is guilty of a minor misdemeanor on a | 54943 |
| first offense and shall be subject to a mandatory fine of one | 54944 |
| hundred dollars. On a second offense, the person is guilty of a | 54945 |
| misdemeanor of the first degree and shall be subject to a | 54946 |
| mandatory fine of one thousand dollars. | 54947 |
| (B) Whoever violates section 4781.20 of the Revised Code is | 54948 |
| guilty of a minor misdemeanor. | 54949 |
| (C) Whoever violates any of the following is guilty of a | 54950 |
| misdemeanor of the fourth degree: | 54951 |
| (1) Division (B) or (C) of section 4781.16 of the Revised | 54952 |
| Code; | 54953 |
| (2) Section 4781.22 of the Revised Code; | 54954 |
| (3) Section 4781.23 of the Revised Code; | 54955 |
| (4) Division (A) of section 4781.24 of the Revised Code; | 54956 |
| (5) Section 4781.25 of the Revised Code; | 54957 |
| (6) Division (A) of section 4781.35 of the Revised Code. | 54958 |
| Sec. 4905.01. As used in this chapter: | 54959 |
| (A) "Railroad" has the same meaning as in section 4907.02 of | 54960 |
| the Revised Code. | 54961 |
| (B) "Motor | 54962 |
|
meaning as in
| 54963 |
| Revised Code. | 54964 |
| (C) " | 54965 |
|
same meanings as in section | 54966 |
| (D) | 54967 |
| 54968 |
| | 54969 |
| reasonable costs associated with a facility or project undertaken | 54970 |
| by a public utility for which a recommendation to allow the | 54971 |
| recovery of costs associated therewith has been made under | 54972 |
| division (B)(7) of section 1551.33 of the Revised Code, including, | 54973 |
| but not limited to, capital costs, such as costs of debt and | 54974 |
| equity; construction and operation costs; termination and | 54975 |
| retirement costs; costs of feasibility and marketing studies | 54976 |
| associated with the project; and the acquisition and delivery | 54977 |
| costs of Ohio coal used in the project, less any expenditures of | 54978 |
| grant moneys. | 54979 |
| Sec. 4905.02. (A) As used in this chapter, "public utility" | 54980 |
| includes every corporation, company, copartnership, person, or | 54981 |
| association, the lessees, trustees, or receivers of the foregoing, | 54982 |
| defined in section 4905.03 of the Revised Code, including any | 54983 |
| public utility that operates its utility not for profit, except | 54984 |
| the following: | 54985 |
| | 54986 |
| not for profit; | 54987 |
| | 54988 |
| is owned and operated exclusively by and solely for the utility's | 54989 |
| customers, including any consumer or group of consumers | 54990 |
| purchasing, delivering, storing, or transporting, or seeking to | 54991 |
| purchase, deliver, store, or transport, natural gas exclusively by | 54992 |
| and solely for the consumer's or consumers' own intended use as | 54993 |
| the end user or end users and not for profit; | 54994 |
| | 54995 |
| municipal corporation; | 54996 |
| | 54997 |
| of the Revised Code; | 54998 |
| | 54999 |
| respect to its provision of any of the following: | 55000 |
| | 55001 |
| | 55002 |
| the federal communications commission; | 55003 |
| | 55004 |
| "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20); | 55005 |
| | 55006 |
| Revised Code, internet protocol-enabled services as defined in | 55007 |
| section 4927.01 of the Revised Code; | 55008 |
| | 55009 |
| Revised Code, any telecommunications service as defined in section | 55010 |
| 4927.01 of the Revised Code to which both of the following apply: | 55011 |
| | 55012 |
| September 13, 2010, the effective date of the amendment of this | 55013 |
| section by S.B. 162 of the 128th general assembly. | 55014 |
| | 55015 |
| for commercial use only after September 13, 2010, the effective | 55016 |
| date of the amendment of this section by S.B. 162 of the 128th | 55017 |
| general assembly. | 55018 |
| (B)(1) "Public utility" includes a for-hire motor carrier | 55019 |
| even if the carrier is operated in connection with an entity | 55020 |
| described in division (A)(1), (2), (4), or (5) of this section. | 55021 |
| (2) Division (A) of this section shall not be construed to | 55022 |
| relieve a private motor carrier, operated in connection with an | 55023 |
| entity described in division (A)(1), (2), (4), or (5) of this | 55024 |
| section, from compliance with any of the following: | 55025 |
| (a) Chapter 4923. of the Revised Code; | 55026 |
| (b) Hazardous-material regulation under section 4921.15 of | 55027 |
| the Revised Code and division (H) of section 4921.19 of the | 55028 |
| Revised Code, or rules adopted thereunder; | 55029 |
| (c) Rules governing unified carrier registration adopted | 55030 |
| under section 4921.11 of the Revised Code. | 55031 |
| Sec. 4905.03. As used in this chapter | 55032 |
| | 55033 |
| association, joint-stock association, company, or corporation, | 55034 |
| wherever organized or incorporated, is: | 55035 |
| | 55036 |
| transmitting telephonic messages to, from, through, or in this | 55037 |
| state; | 55038 |
| | 55039 |
|
engaged in the business of | 55040 |
|
property | 55041 |
| 55042 | |
| 55043 | |
| 55044 | |
| vehicle for compensation, except | 55045 |
| of the operations in intrastate commerce described in divisions | 55046 |
|
(B)(1) to (8) of section | 55047 |
| including the carrier's agents, officers, and representatives, as | 55048 |
| well as employees responsible for hiring, supervising, training, | 55049 |
| assigning, or dispatching drivers and employees concerned with the | 55050 |
| installation, inspection, and maintenance of motor-vehicle | 55051 |
| equipment and accessories; | 55052 |
| | 55053 |
| business of supplying electricity for light, heat, or power | 55054 |
| purposes to consumers within this state, including supplying | 55055 |
| electric transmission service for electricity delivered to | 55056 |
| consumers in this state, but excluding a regional transmission | 55057 |
| organization approved by the federal energy regulatory commission; | 55058 |
| | 55059 |
| supplying artificial gas for lighting, power, or heating purposes | 55060 |
| to consumers within this state or when engaged in the business of | 55061 |
| supplying artificial gas to gas companies or to natural gas | 55062 |
| companies within this state, but a producer engaged in supplying | 55063 |
| to one or more gas or natural gas companies, only such artificial | 55064 |
| gas as is manufactured by that producer as a by-product of some | 55065 |
| other process in which the producer is primarily engaged within | 55066 |
| this state is not thereby a gas company. All rates, rentals, | 55067 |
| tolls, schedules, charges of any kind, or agreements between any | 55068 |
| gas company and any other gas company or any natural gas company | 55069 |
| providing for the supplying of artificial gas and for compensation | 55070 |
| for the same are subject to the jurisdiction of the public | 55071 |
| utilities commission. | 55072 |
| | 55073 |
| supplying natural gas for lighting, power, or heating purposes to | 55074 |
| consumers within this state. Notwithstanding the above, neither | 55075 |
| the delivery nor sale of Ohio-produced natural gas by a producer | 55076 |
| or gatherer under a public utilities commission-ordered exemption, | 55077 |
| adopted before, as to producers, or after, as to producers or | 55078 |
| gatherers, January 1, 1996, or the delivery or sale of | 55079 |
| Ohio-produced natural gas by a producer or gatherer of | 55080 |
| Ohio-produced natural gas, either to a lessor under an oil and gas | 55081 |
| lease of the land on which the producer's drilling unit is | 55082 |
| located, or the grantor incident to a right-of-way or easement to | 55083 |
| the producer or gatherer, shall cause the producer or gatherer to | 55084 |
| be a natural gas company for the purposes of this section. | 55085 |
| All rates, rentals, tolls, schedules, charges of any kind, or | 55086 |
| agreements between a natural gas company and other natural gas | 55087 |
| companies or gas companies providing for the supply of natural gas | 55088 |
| and for compensation for the same are subject to the jurisdiction | 55089 |
| of the public utilities commission. The commission, upon | 55090 |
| application made to it, may relieve any producer or gatherer of | 55091 |
| natural gas, defined in this section as a gas company or a natural | 55092 |
| gas company, of compliance with the obligations imposed by this | 55093 |
| chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. | 55094 |
| of the Revised Code, so long as the producer or gatherer is not | 55095 |
| affiliated with or under the control of a gas company or a natural | 55096 |
| gas company engaged in the transportation or distribution of | 55097 |
| natural gas, or so long as the producer or gatherer does not | 55098 |
| engage in the distribution of natural gas to consumers. | 55099 |
| Nothing in division | 55100 |
| authority of the commission to enforce sections 4905.90 to 4905.96 | 55101 |
| of the Revised Code. | 55102 |
| | 55103 |
| transporting natural gas, oil, or coal or its derivatives through | 55104 |
| pipes or tubing, either wholly or partly within this state; | 55105 |
| | 55106 |
| supplying water through pipes or tubing, or in a similar manner, | 55107 |
| to consumers within this state; | 55108 |
| | 55109 |
| business of supplying water, steam, or air through pipes or tubing | 55110 |
| to consumers within this state for heating or cooling purposes; | 55111 |
| | 55112 |
| supplying messengers for any purpose; | 55113 |
| | 55114 |
| business of operating as a common carrier, a railway, wholly or | 55115 |
| partly within this state, with one or more tracks upon, along, | 55116 |
| above, or below any public road, street, alleyway, or ground, | 55117 |
| within any municipal corporation, operated by any motive power | 55118 |
| other than steam and not a part of an interurban railroad, whether | 55119 |
| the railway is termed street, inclined-plane, elevated, or | 55120 |
| underground railway; | 55121 |
| | 55122 |
| business of operating as a common carrier, whether wholly or | 55123 |
| partially within this state, a part of a street railway | 55124 |
| constructed or extended beyond the limits of a municipal | 55125 |
| corporation, and not a part of an interurban railroad; | 55126 |
| | 55127 |
| business of operating a railroad, wholly or partially within this | 55128 |
| state, with one or more tracks from one municipal corporation or | 55129 |
| point in this state to another municipal corporation or point in | 55130 |
| this state, whether constructed upon the public highways or upon | 55131 |
| private rights-of-way, outside of municipal corporations, using | 55132 |
| electricity or other motive power than steam power for the | 55133 |
| transportation of passengers, packages, express matter, United | 55134 |
| States mail, baggage, and freight. Such an interurban railroad | 55135 |
| company is included in the term "railroad" as used in section | 55136 |
| 4907.02 of the Revised Code. | 55137 |
| | 55138 |
| business of sewage disposal services through pipes or tubing, and | 55139 |
| treatment works, or in a similar manner, within this state. | 55140 |
| | 55141 |
| 55142 | |
| 55143 |
| Sec. 4905.05. The jurisdiction, supervision, powers, and | 55144 |
| duties of the public utilities commission extend to every public | 55145 |
| utility and railroad, the plant or property of which lies wholly | 55146 |
| within this state and when the property of a public utility or | 55147 |
| railroad lies partly within and partly without this state to that | 55148 |
| part of such plant or property which lies within this state; to | 55149 |
| the persons or companies owning, leasing, or operating such public | 55150 |
| utilities and railroads; to the records and accounts of the | 55151 |
| business thereof done within this state; and to the records and | 55152 |
| accounts of any companies which are part of an electric utility | 55153 |
| holding company system exempt under section 3(a)(1) or (2) of the | 55154 |
| "Public Utility Holding Company Act of 1935," 49 Stat. 803, 15 | 55155 |
| U.S.C. 79c, and the rules and regulations promulgated thereunder, | 55156 |
| insofar as such records and accounts may in any way affect or | 55157 |
| relate to the costs associated with the provision of electric | 55158 |
| utility service by any public utility operating in this state and | 55159 |
| part of such holding company system. | 55160 |
| Nothing in this section, or section 4905.06 or 4905.46 of the | 55161 |
| Revised Code pertaining to regulation of holding companies, grants | 55162 |
| the public utilities commission authority to regulate a holding | 55163 |
| company or its subsidiaries which are organized under the laws of | 55164 |
| another state, render no public utility service in the state of | 55165 |
| Ohio, and are regulated as a public utility by the public | 55166 |
| utilities commission of another state or primarily by a federal | 55167 |
| regulatory commission, nor do these grants of authority apply to | 55168 |
| public utilities that are excepted from the definition of "public | 55169 |
|
utility" under divisions (A)(1) to | 55170 |
| the Revised Code. | 55171 |
| Sec. 4905.06. The public utilities commission has general | 55172 |
| supervision over all public utilities within its jurisdiction as | 55173 |
| defined in section 4905.05 of the Revised Code, and may examine | 55174 |
| such public utilities and keep informed as to their general | 55175 |
| condition, capitalization, and franchises, and as to the manner in | 55176 |
| which their properties are leased, operated, managed, and | 55177 |
| conducted with respect to the adequacy or accommodation afforded | 55178 |
| by their service, the safety and security of the public and their | 55179 |
| employees, and their compliance with all laws, orders of the | 55180 |
| commission, franchises, and charter requirements. The commission | 55181 |
| has general supervision over all other companies referred to in | 55182 |
| section 4905.05 of the Revised Code to the extent of its | 55183 |
| jurisdiction as defined in that section, and may examine such | 55184 |
| companies and keep informed as to their general condition and | 55185 |
| capitalization, and as to the manner in which their properties are | 55186 |
| leased, operated, managed, and conducted with respect to the | 55187 |
| adequacy or accommodation afforded by their service, and their | 55188 |
| compliance with all laws and orders of the commission, insofar as | 55189 |
| any of such matters may relate to the costs associated with the | 55190 |
| provision of electric utility service by public utilities in this | 55191 |
| state which are affiliated or associated with such companies. The | 55192 |
| commission, through the public utilities commissioners or | 55193 |
| inspectors or employees of the commission authorized by it, may | 55194 |
| enter in or upon, for purposes of inspection, any property, | 55195 |
| equipment, building, plant, factory, office, apparatus, machinery, | 55196 |
| device, and lines of any public utility. The power to inspect | 55197 |
| includes the power to prescribe any rule or order that the | 55198 |
| commission finds necessary for protection of the public safety. In | 55199 |
| order to assist the commission in the performance of its duties | 55200 |
| under this chapter, authorized employees of the motor carrier | 55201 |
| enforcement unit, created under section 5503.34 of the Revised | 55202 |
| Code in the division of state highway patrol, of the department of | 55203 |
| public safety may enter in or upon, for inspection purposes, any | 55204 |
|
motor vehicle of any | 55205 |
|
carrier | 55206 |
| In order to inspect motor vehicles owned or operated by a | 55207 |
|
motor
| 55208 |
| of persons, authorized employees of the motor carrier enforcement | 55209 |
| unit, division of state highway patrol, of the department of | 55210 |
| public safety may enter in or upon any property of any motor | 55211 |
| 55212 | |
| 55213 | |
| persons. | 55214 |
| Sec. 4905.402. (A) As used in this section: | 55215 |
| (1) "Control" means the possession of the power to direct the | 55216 |
| management and policies of a domestic telephone company or a | 55217 |
| holding company of a domestic telephone company, or the management | 55218 |
| and policies of a domestic electric utility or a holding company | 55219 |
| of a domestic electric utility, through the ownership of voting | 55220 |
| securities, by contract, or otherwise, but does not include the | 55221 |
| power that results from holding an official position or the | 55222 |
| possession of corporate office with the domestic company or | 55223 |
| utility or the holding company. Control is presumed to exist if | 55224 |
| any person, directly or indirectly, owns, controls, holds the | 55225 |
| power to vote, or holds with the power to vote proxies that | 55226 |
| constitute, twenty per cent or more of the total voting power of | 55227 |
| the domestic company or utility or the holding company. | 55228 |
| (2) "Electric utility" has the same meaning as in section | 55229 |
| 4928.07 of the Revised Code. | 55230 |
| (3) "Holding company" excludes any securities broker | 55231 |
| performing the usual and customary broker's function. | 55232 |
| (4) "Telephone company" means any company described in | 55233 |
|
division (A) | 55234 |
| public utility under section 4905.02 of the Revised Code and | 55235 |
| provides basic local exchange service, as defined in section | 55236 |
| 4927.01 of the Revised Code. | 55237 |
| (B) No person shall acquire control, directly or indirectly, | 55238 |
| of a domestic telephone company or a holding company controlling a | 55239 |
| domestic telephone company or of a domestic electric utility or a | 55240 |
| holding company controlling a domestic electric utility unless | 55241 |
| that person obtains the prior approval of the public utilities | 55242 |
| commission under this section. To obtain approval the person shall | 55243 |
| file an application with the commission demonstrating that the | 55244 |
| acquisition will promote public convenience and result in the | 55245 |
| provision of adequate service for a reasonable rate, rental, toll, | 55246 |
| or charge. The application shall contain such information as the | 55247 |
| commission may require. If the commission considers a hearing | 55248 |
| necessary, it may fix a time and place for hearing. If, after | 55249 |
| review of the application and after any necessary hearing, the | 55250 |
| commission is satisfied that approval of the application will | 55251 |
| promote public convenience and result in the provision of adequate | 55252 |
| service for a reasonable rate, rental, toll, or charge, the | 55253 |
| commission shall approve the application and make such order as it | 55254 |
| considers proper. If the commission fails to issue an order within | 55255 |
| thirty days of the filing of the application, or within twenty | 55256 |
| days of the conclusion of a hearing, if one is held, the | 55257 |
| application shall be deemed approved by operation of law. | 55258 |
| (C) No domestic telephone company shall merge with another | 55259 |
| domestic telephone company unless the merging companies obtain the | 55260 |
| prior approval of the commission. An application seeking such | 55261 |
| approval shall be filed, processed, and decided in the manner | 55262 |
| provided for an application under division (B) of this section. | 55263 |
| (D) The commission shall adopt such rules as it finds | 55264 |
| necessary to carry out the provisions of this section. | 55265 |
| (E) If it appears to the commission or to any person that may | 55266 |
| be adversely affected that any person is engaged in or about to | 55267 |
| engage in any acts or practices that would violate division (B) or | 55268 |
| (C) of this section or any provision of a rule adopted under this | 55269 |
| section, the attorney general, when directed to do so by the | 55270 |
| commission, or the person claiming to be adversely affected may | 55271 |
| bring an action in any court of common pleas that has jurisdiction | 55272 |
| and venue to enjoin such acts or practices and enforce compliance. | 55273 |
| Upon a proper showing, the court shall grant, without bond, a | 55274 |
| restraining order or temporary or permanent injunction. | 55275 |
| (F) The courts of this state have jurisdiction over every | 55276 |
| person not a resident of or domiciled or authorized to do business | 55277 |
| in this state that files, or is prohibited from acting without | 55278 |
| first filing, an application under division (B) or (C) of this | 55279 |
| section, and over all actions involving such person arising out of | 55280 |
| violations of any provision of this section or of a rule adopted | 55281 |
| under this section. The secretary of state shall be the agent for | 55282 |
| service of process for any such person in any action, suit, or | 55283 |
| proceeding arising out of such violations. Copies of all such | 55284 |
| lawful process shall be served upon the secretary of state and | 55285 |
| transmitted by certified mail, with return receipt requested, by | 55286 |
| the secretary of state to such person at the person's last known | 55287 |
| address. | 55288 |
| Sec. 4905.54. Every public utility or railroad and every | 55289 |
| officer of a public utility or railroad shall comply with every | 55290 |
| order, direction, and requirement of the public utilities | 55291 |
| commission made under authority of this chapter and Chapters | 55292 |
|
4901., 4903., 4907., and 4909. | 55293 |
| Code, so long as they remain in force. Except as otherwise | 55294 |
|
specifically provided in
| 55295 |
| 55296 | |
| utilities commission may assess a forfeiture of not more than ten | 55297 |
| thousand dollars for each violation or failure against a public | 55298 |
| utility or railroad that violates a provision of those chapters or | 55299 |
| that after due notice fails to comply with an order, direction, or | 55300 |
| requirement of the commission that was officially promulgated. | 55301 |
| Each day's continuance of the violation or failure is a separate | 55302 |
| offense. All forfeitures collected under this section shall be | 55303 |
| credited to the general revenue fund. | 55304 |
| Sec. 4905.57. Except as otherwise specifically provided in | 55305 |
|
sections
| 55306 |
| Revised Code, actions to recover forfeitures provided for in this | 55307 |
|
chapter and Chapters 4901., 4903., 4907., 4909., | 55308 |
| of the Revised Code shall be prosecuted in the name of the state | 55309 |
| and may be brought in the court of common pleas of any county in | 55310 |
|
which the public utility
| 55311 |
| located. Such actions shall be commenced and prosecuted by the | 55312 |
|
attorney general when | 55313 |
| by the public utilities commission. Moneys recovered by such | 55314 |
| actions shall be deposited in the state treasury to the credit of | 55315 |
| the general revenue fund. | 55316 |
| Sec. 4905.58. All prosecutions against a railroad or an | 55317 |
| officer, agent, or employee thereof, under Chapters 4901., 4903., | 55318 |
|
4905., 4907., and 4909. | 55319 |
| the Revised Code for penalties involving imprisonment shall be by | 55320 |
| indictment. | 55321 |
| Sec. 4905.80. The policy of this state is to: | 55322 |
| (A) Regulate transportation by motor carriers so as to | 55323 |
| recognize and preserve the inherent advantages of, and foster safe | 55324 |
| conditions in, that transportation and among those carriers in the | 55325 |
| public interest; | 55326 |
| (B) Promote safe and secure service by motor carriers, | 55327 |
| without unjust discriminations, undue preferences or advantages, | 55328 |
| and unfair or destructive competitive practices; | 55329 |
| (C) Improve the relations between, and coordinate | 55330 |
| transportation by and regulation of, motor carriers and other | 55331 |
| carriers; | 55332 |
| (D) Develop and preserve a highway transportation system | 55333 |
| properly adapted to the needs of commerce and the state; | 55334 |
| (E) Cooperate with the federal government and the several | 55335 |
| states, and the authorized officials thereof, and with any | 55336 |
| organization of motor carriers in the administration and | 55337 |
| enforcement of this chapter and Chapters 4901., 4903., 4907., | 55338 |
| 4909., 4921., and 4923. of the Revised Code. | 55339 |
| Sec. 4905.81. The public utilities commission shall: | 55340 |
| (A) Supervise and regulate each motor carrier; | 55341 |
| (B) Regulate the safety of operation of each motor carrier; | 55342 |
| (C) Adopt reasonable safety rules applicable to the highway | 55343 |
| transportation of persons or property in interstate and intrastate | 55344 |
| commerce by motor carriers; | 55345 |
| (D) Adopt safety rules applicable to the transportation and | 55346 |
| offering for transportation of hazardous materials in interstate | 55347 |
| and intrastate commerce by motor carriers. The rules shall not be | 55348 |
| incompatible with the requirements of the United States department | 55349 |
| of transportation. | 55350 |
| (E) Require the filing of reports and other data by motor | 55351 |
| carriers; | 55352 |
| (F) Adopt reasonable rules for the administration and | 55353 |
| enforcement of this chapter and Chapters 4901., 4903., 4907., | 55354 |
| 4909., 4921., and 4923. of the Revised Code applying to each motor | 55355 |
| carrier in this state; | 55356 |
| (G) Supervise and regulate motor carriers in all other | 55357 |
| matters affecting the relationship between those carriers and the | 55358 |
| public to the exclusion of all local authorities, except as | 55359 |
| provided in this section. The commission, in the exercise of the | 55360 |
| jurisdiction conferred upon it by this chapter and Chapters 4901., | 55361 |
| 4903., 4907., 4909., 4921., and 4923. of the Revised Code, may | 55362 |
| adopt rules affecting motor carriers, notwithstanding the | 55363 |
| provisions of any ordinance, resolution, license, or permit | 55364 |
| enacted, adopted, or granted by any township, municipal | 55365 |
| corporation, municipal corporation and county, or county. In case | 55366 |
| of conflict between any such ordinance, resolution, license, or | 55367 |
| permit, the order or rule of the commission shall prevail. Local | 55368 |
| subdivisions may adopt reasonable local police rules within their | 55369 |
| respective boundaries not inconsistent with those chapters and | 55370 |
| rules adopted under them. | 55371 |
| The commission has jurisdiction to receive, hear, and | 55372 |
| determine as a question of fact, upon complaint of any party or | 55373 |
| upon its own motion, and upon not less than fifteen days' notice | 55374 |
| of the time and place of the hearing and the matter to be heard, | 55375 |
| whether any corporation, company, association, joint-stock | 55376 |
| association, person, firm, or copartnership, or their lessees, | 55377 |
| legal or personal representatives, trustees, or receivers or | 55378 |
| trustees appointed by any court, is engaged as a motor carrier. | 55379 |
| The finding of the commission on such a question is a final order | 55380 |
| that may be reviewed as provided in section 4923.15 of the Revised | 55381 |
| Code. | 55382 |
| Sec. 4905.84. (A) As used in this section: | 55383 |
| (1) "Telecommunications relay service" means intrastate | 55384 |
| transmission services that provide the ability for an individual | 55385 |
| who has a hearing or speech impairment to engage in a | 55386 |
| communication by wire or radio with a hearing individual in a | 55387 |
| manner that is functionally equivalent to the ability of an | 55388 |
| individual who does not have a hearing or speech impairment to | 55389 |
| communicate using voice communication services by wire or radio. | 55390 |
| "Telecommunications relay service" includes services that enable | 55391 |
| two-way communication between an individual who uses a | 55392 |
| telecommunications device for the deaf or other nonvoice terminal | 55393 |
| device and an individual who does not use such a device. | 55394 |
| (2) "TRS provider" means an entity selected by the public | 55395 |
| utilities commission as the provider of telecommunications relay | 55396 |
| service for this state as part of the commission's intrastate | 55397 |
| telecommunications relay service program certified pursuant to | 55398 |
| federal law. | 55399 |
| (B) For the sole purpose of funding telecommunications relay | 55400 |
| service, the commission shall, not earlier than January 1, 2009, | 55401 |
| impose on and collect from each service provider that is required | 55402 |
| under federal law to provide its customers access to | 55403 |
| telecommunications relay service an annual assessment to pay for | 55404 |
| costs incurred by the TRS provider for providing such service in | 55405 |
| Ohio. The commission shall determine the appropriate service | 55406 |
| providers to be assessed the telecommunications relay service | 55407 |
|
costs, including telephone companies as defined in division (A) | 55408 |
| of section 4905.03 of the Revised Code, commercial mobile radio | 55409 |
| service providers, and providers of advanced services or internet | 55410 |
| protocol-enabled services that are competitive with or | 55411 |
| functionally equivalent to basic local exchange service as defined | 55412 |
| in section 4927.01 of the Revised Code. | 55413 |
| (C) The assessment shall be allocated proportionately among | 55414 |
| the appropriate service providers using a competitively neutral | 55415 |
| formula established by the commission based on the number of | 55416 |
| retail intrastate customer access lines or their equivalent. The | 55417 |
| commission shall annually reconcile the funds collected with the | 55418 |
| actual costs of providing telecommunications relay service when it | 55419 |
| issues the assessment and shall either proportionately charge the | 55420 |
| service providers for any amounts not sufficient to cover the | 55421 |
| actual costs or proportionately credit amounts collected in excess | 55422 |
| of the actual costs. The total amount assessed from all service | 55423 |
| providers shall not exceed the total telecommunications relay | 55424 |
| service costs. | 55425 |
| Each service provider that pays the assessment shall be | 55426 |
| permitted to recover the cost of the assessment. The method of | 55427 |
| recovery may include, but is not limited to, a customer billing | 55428 |
| surcharge. | 55429 |
| The commission shall deposit the money collected in the | 55430 |
| telecommunications relay service fund, which is hereby created in | 55431 |
| the state treasury, and shall use the money in that fund solely to | 55432 |
| compensate the TRS provider. | 55433 |
| (D) The commission shall take such measures as it considers | 55434 |
| necessary to protect the confidentiality of information provided | 55435 |
| to the commission pursuant to this section by service providers | 55436 |
| required to pay the assessment. | 55437 |
| (E) The commission may assess a forfeiture of not more than | 55438 |
| one thousand dollars on any service provider failing to comply | 55439 |
| with this section. Each day's continuance of such failure is a | 55440 |
| separate offense. The forfeiture shall be recovered in accordance | 55441 |
| with sections 4905.55 to 4905.60 of the Revised Code. | 55442 |
| (F) The jurisdiction and authority granted to the commission | 55443 |
| by this section is limited to the administration and enforcement | 55444 |
| of this section. The commission may adopt such rules as it finds | 55445 |
| necessary to carry out this section. The commission shall adopt | 55446 |
| rules under section 111.15 of the Revised Code to establish the | 55447 |
| assessment amounts and procedures. | 55448 |
| Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the | 55449 |
| Revised Code: | 55450 |
| (A) "Contiguous property" includes, but is not limited to, a | 55451 |
|
manufactured home park as defined in section | 55452 |
| the Revised Code; a public or publicly subsidized housing project; | 55453 |
| an apartment complex; a condominium complex; a college or | 55454 |
| university; an office complex; a shopping center; a hotel; an | 55455 |
| industrial park; and a race track. | 55456 |
| (B) "Gas" means natural gas, flammable gas, or gas which is | 55457 |
| toxic or corrosive. | 55458 |
| (C) "Gathering lines" and the "gathering of gas" have the | 55459 |
| same meaning as in the Natural Gas Pipeline Safety Act and the | 55460 |
| rules adopted by the United States department of transportation | 55461 |
| pursuant to the Natural Gas Pipeline Safety Act, including 49 | 55462 |
| C.F.R. part 192, as amended. | 55463 |
| (D) "Intrastate pipe-line transportation" has the same | 55464 |
| meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as | 55465 |
| amended, but excludes the gathering of gas exempted by the Natural | 55466 |
| Gas Pipeline Safety Act. | 55467 |
| (E) "Master-meter system" means a pipe-line system that | 55468 |
| distributes gas within a contiguous property for which the system | 55469 |
| operator purchases gas for resale to consumers, including tenants. | 55470 |
| Such pipe-line system supplies consumers who purchase the gas | 55471 |
| directly through a meter, or by paying rent, or by other means. | 55472 |
| The term includes a master-meter system as defined in 49 C.F.R. | 55473 |
| 191.3, as amended. The term excludes a pipeline within a | 55474 |
| manufactured home, mobile home, or a building. | 55475 |
| (F) "Natural Gas Pipeline Safety Act" means the "Natural Gas | 55476 |
| Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671 | 55477 |
| et seq., as amended. | 55478 |
| (G) "Operator" means any of the following: | 55479 |
| (1) A gas company or natural gas company as defined in | 55480 |
| section 4905.03 of the Revised Code, except that division | 55481 |
| 55482 | |
| commission to relieve any producer of gas, as a gas company or | 55483 |
| natural gas company, of compliance with sections 4905.90 to | 55484 |
| 4905.96 of the Revised Code or the pipe-line safety code created | 55485 |
| under section 4905.91 of the Revised Code; | 55486 |
| (2) A pipe-line company, as defined in section 4905.03 of the | 55487 |
| Revised Code, when engaged in the business of transporting gas by | 55488 |
| pipeline; | 55489 |
| (3) A public utility that is excepted from the definition of | 55490 |
|
"public utility" under division | 55491 |
| 4905.02 of the Revised Code, when engaged in supplying or | 55492 |
| transporting gas by pipeline within this state; | 55493 |
| (4) Any person that owns, operates, manages, controls, or | 55494 |
| leases any of the following: | 55495 |
| (a) Intrastate pipe-line transportation facilities within | 55496 |
| this state; | 55497 |
| (b) Gas gathering lines within this state which are not | 55498 |
| exempted by the Natural Gas Pipeline Safety Act; | 55499 |
| (c) A master-meter system within this state. | 55500 |
| "Operator" does not include an ultimate consumer who owns a | 55501 |
| service line, as defined in 49 C.F.R. 192.3, as amended, on the | 55502 |
| real property of that ultimate consumer. | 55503 |
| (H) "Operator of a master-meter system" means a person | 55504 |
|
described under division | 55505 |
| of a master-meter system is not a public utility under section | 55506 |
| 4905.02 or a gas or natural gas company under section 4905.03 of | 55507 |
| the Revised Code. | 55508 |
| (I) "Person" means: | 55509 |
| (1) In addition to those defined in division (C) of section | 55510 |
| 1.59 of the Revised Code, a joint venture or a municipal | 55511 |
| corporation; | 55512 |
| (2) Any trustee, receiver, assignee, or personal | 55513 |
|
representative of persons defined in division | 55514 |
| section. | 55515 |
| (J) "Safety audit" means the public utilities commission's | 55516 |
| audit of the premises, pipe-line facilities, and the records, | 55517 |
| maps, and other relevant documents of a master-meter system to | 55518 |
| determine the operator's compliance with sections 4905.90 to | 55519 |
| 4905.96 of the Revised Code and the pipe-line safety code. | 55520 |
| (K) "Safety inspection" means any inspection, survey, or | 55521 |
| testing of a master-meter system which is authorized or required | 55522 |
| by sections 4905.90 to 4905.96 of the Revised Code and the | 55523 |
| pipe-line safety code. The term includes, but is not limited to, | 55524 |
| leak surveys, inspection of regulators and critical valves, and | 55525 |
| monitoring of cathodic protection systems, where applicable. | 55526 |
| (L) "Safety-related condition" means any safety-related | 55527 |
| condition defined in 49 C.F.R. 191.23, as amended. | 55528 |
| (M) "Total Mcfs of gas it supplied or delivered" means the | 55529 |
| sum of the following volumes of gas that an operator supplied or | 55530 |
| delivered, measured in units per one thousand cubic feet: | 55531 |
| (1) Residential sales; | 55532 |
| (2) Commercial and industrial sales; | 55533 |
| (3) Other sales to public authorities; | 55534 |
| (4) Interdepartmental sales; | 55535 |
| (5) Sales for resale; | 55536 |
| (6) Transportation of gas. | 55537 |
| Sec. 4907.01. As used in sections 4907.01 to 4907.63 of the | 55538 |
| Revised Code: | 55539 |
| (A) "Public utility" has the same meaning as in section | 55540 |
| 4905.02 of the Revised Code. | 55541 |
| (B) "Telephone company," "street railway company," and | 55542 |
| "interurban railroad company" have the same meanings as in section | 55543 |
| 4905.03 of the Revised Code. | 55544 |
| (C) "Railroad" has the same meaning as in section 4907.02 of | 55545 |
| the Revised Code. | 55546 |
| (D) "Public highway" has the same meaning as in | 55547 |
| 55548 |
| Sec. 4907.02. As used in Chapters 4901., 4903., 4905., | 55549 |
|
4907., 4909., | 55550 |
| "railroad" includes any corporation, company, individual, or | 55551 |
| association of individuals, or its lessees, trustees, or receivers | 55552 |
| appointed by a court, which owns, operates, manages, or controls a | 55553 |
| railroad or part of a railroad as a common carrier in this state, | 55554 |
| or which owns, operates, manages, or controls any cars or other | 55555 |
| equipment used on such a railroad, or which owns, operates, | 55556 |
| manages, or controls any bridges, terminals, union depots, | 55557 |
| sidetracks, docks, wharves, or storage elevators used in | 55558 |
| connection with such a railroad, whether owned by such railroad or | 55559 |
| otherwise, and means and includes express companies, water | 55560 |
| transportation companies, freight-line companies, sleeping car | 55561 |
| companies, and interurban railroad companies, and all persons and | 55562 |
| associations of persons, whether incorporated or not, operating | 55563 |
| such agencies for public use in the conveyance of persons or | 55564 |
| property within this state. All duties required of, and penalties | 55565 |
| imposed upon, a railroad or an officer or agent thereof insofar as | 55566 |
| they are applicable, are required and imposed upon express | 55567 |
| companies, water transportation companies, and interurban railroad | 55568 |
| companies, and upon their officers and agents. | 55569 |
| The public utilities commission has the power of supervision | 55570 |
| and control of express companies, water transportation companies, | 55571 |
| and interurban railroad companies to the same extent as railroads. | 55572 |
| Sec. 4907.04. Chapters 4901., 4903., 4905., 4907., and | 55573 |
|
4909. | 55574 |
| street and electric railways engaged solely in the transportation | 55575 |
| of passengers within the limits of cities, or to other private | 55576 |
| railroads not doing business as common carriers. | 55577 |
| Sec. 4907.08. The public utilities commission shall inquire | 55578 |
| into any neglect or violation of the laws of this state by a | 55579 |
| railroad doing business in this state, by its officers, agents, or | 55580 |
| employees, or by any person operating a railroad. The commission | 55581 |
|
shall enforce Chapters 4901., 4903., 4905., 4907., 4909., | 55582 |
| 55583 | |
| relating to railroads, and report violations thereof to the | 55584 |
| attorney general. | 55585 |
| If, upon complaint or otherwise, the commission has reason to | 55586 |
| believe that a railroad or any officer, agent, or employee of a | 55587 |
| railroad has violated or is violating any law of this state, or if | 55588 |
| it has reason to believe that differences have arisen between | 55589 |
| citizens of the state and any railroad operating as a common | 55590 |
| carrier within this state, it shall examine into the matter. | 55591 |
| Sec. 4907.19. The public utilities commission shall cause | 55592 |
| blank forms to be prepared suitable for the purposes designated in | 55593 |
|
Chapters 4901., 4903., 4905., 4907., and 4909. | 55594 |
| 55595 | |
| practicable to the forms prescribed by the interstate commerce | 55596 |
| commission, and, when necessary, furnish such blank forms to each | 55597 |
| railroad. | 55598 |
| Sec. 4907.28. No railroad shall charge, demand, collect, or | 55599 |
| receive a greater or less compensation for the transportation of | 55600 |
| passengers or property, or for any service in connection | 55601 |
| therewith, than is specified in the printed schedules referred to | 55602 |
|
in sections 4907.25 to 4907.27 | 55603 |
| including schedules of joint rates, as being then in force. The | 55604 |
| rates, fares, and charges named in such schedules shall be the | 55605 |
| lawful rates, fares, and charges until they are changed as | 55606 |
|
provided in Chapters 4901., 4903., 4905., 4907., and 4909. | 55607 |
| 55608 |
| Sec. 4907.35. If a railroad, or an agent or officer of a | 55609 |
| railroad, by special rate, rebate, drawback, or by means of false | 55610 |
| billing, false classification, false weighing, or other device, | 55611 |
| charges, demands, collects, or receives, either directly or | 55612 |
| indirectly, from any person, firm, or corporation, a greater or | 55613 |
| less compensation for service rendered or to be rendered by such | 55614 |
| railroad for the transportation of persons or property or any | 55615 |
| service in connection therewith, than that prescribed in the | 55616 |
| published tariffs then in force, or established as provided in | 55617 |
|
Chapters 4901., 4903., 4905., 4907., and 4909. | 55618 |
| 55619 | |
| it charges, demands, collects, or receives from any other person, | 55620 |
| firm, or corporation for a like and contemporaneous service in the | 55621 |
| transportation of a like kind of traffic, under substantially | 55622 |
| similar circumstances and conditions, the railroad is guilty of | 55623 |
| unjust discrimination, which is hereby prohibited. Upon conviction | 55624 |
| of unjust discrimination, such railroad shall forfeit and pay into | 55625 |
| the state treasury not less than one hundred nor more than five | 55626 |
| thousand dollars for each offense. | 55627 |
| No agent or officer of a railroad shall violate this section. | 55628 |
| Sec. 4907.37. No common carrier subject to Chapters 4901., | 55629 |
|
4903., 4905., 4907., and 4909. | 55630 |
| Revised Code shall make or give undue or unreasonable preference | 55631 |
| or advantage to a particular person, company, firm, corporation, | 55632 |
| or locality, or to any particular description of traffic, or | 55633 |
| subject any particular person, company, firm, corporation, or | 55634 |
| locality, or any particular description of traffic, to any undue | 55635 |
| or unreasonable prejudice or disadvantage in any respect. | 55636 |
| Sec. 4907.43. When the tracks of a railroad and the tracks | 55637 |
| of an interurban or suburban railway cross, connect, or intersect, | 55638 |
| and such tracks are of the same gauge, the companies owning such | 55639 |
| railroads may connect such tracks so as to admit the passage of | 55640 |
| cars from one to the other with facility. | 55641 |
| If any such railroads fail to make such connection, upon | 55642 |
| complaint of any party authorized by Chapters 4901., 4903., 4905., | 55643 |
|
4907., and 4909. | 55644 |
| file complaint, the public utilities commission shall proceed to | 55645 |
| hear and determine the same in a manner provided for making | 55646 |
| investigations upon complaint. | 55647 |
| If upon such hearing the commission finds that it is | 55648 |
|
practicable and reasonably necessary to | 55649 |
| public, to connect such tracks and that when so connected it will | 55650 |
| be practicable to transport cars over such railroad without | 55651 |
| endangering the equipment, tracks, or appliances of either | 55652 |
| company, the commission shall make an order requiring such | 55653 |
| railroads to make connection. Such order shall describe the terms | 55654 |
| and conditions and shall apportion the cost of making such | 55655 |
| connection between the railroads. | 55656 |
| When such connection is made, the railroads parties to it, | 55657 |
| according to their respective powers, shall afford all reasonable | 55658 |
| and proper facilities for the interchange of traffic between their | 55659 |
| respective lines for forwarding and delivering passengers and | 55660 |
| property, and without unreasonable delay or discrimination shall | 55661 |
| transfer, switch, and deliver freight or passenger cars destine to | 55662 |
| a point on its own or connecting lines. Precedence may be given to | 55663 |
| livestock and perishable freight over other freight. Whenever a | 55664 |
| derailing device is required at the intersection of any railroads | 55665 |
| mentioned in this section, it shall be installed, maintained, and | 55666 |
| operated as required by the commission, which may prescribe the | 55667 |
| necessary rules and regulations for such operation, and designate | 55668 |
| the companies that shall be responsible for the operation of such | 55669 |
| derailing device. | 55670 |
| Sec. 4907.49. When two or more railroads cross a public | 55671 |
| highway or street at a dangerous crossing, the expenses incurred | 55672 |
| in the erection and maintenance of gates, bells, or other devices, | 55673 |
|
and of necessary gatekeepers or | 55674 |
| by the public utilities commission as railroad expense, shall be | 55675 |
| shared equally by the railroads. | 55676 |
| Chapters 4901., 4903., 4905., 4907., and 4909. | 55677 |
| 55678 | |
| bells or other mechanical devices by a railroad at a public | 55679 |
| crossing not declared dangerous by the public utilities | 55680 |
| commission, nor do they prevent state, county, township, or | 55681 |
| municipal officials from entering into an agreement with a | 55682 |
| railroad to pay all or part of the expense of erecting a warning | 55683 |
| device. Any funds levied and made available for highways or street | 55684 |
| purposes may be used to pay the public share of the cost under | 55685 |
|
such an agreement. If a gate is erected or a | 55686 |
| stationed and maintained by a railroad, either alone or pursuant | 55687 |
|
to such an agreement, the gate or | 55688 |
| abandoned nor an automatic bell or other mechanical device | 55689 |
|
substituted for the gate or | 55690 |
| consents to the abandonment or substitution. | 55691 |
| Sec. 4907.57. All claims, charges, or demands against a | 55692 |
| railroad for loss of or damage to property occurring while in the | 55693 |
| custody of such railroad and unreasonable delay in transportation | 55694 |
| and delivery, for overcharges upon a shipment, or for any other | 55695 |
| service in violation of Chapters 4901., 4903., 4905., 4907., and | 55696 |
|
4909. | 55697 |
| within sixty days from the date of the filing thereof with such | 55698 |
| railroad, may be submitted to the public utilities commission by a | 55699 |
| formal complaint. Such complaint shall be made upon blank forms | 55700 |
| which the commission shall provide upon demand of the claimant. | 55701 |
| Such complaint shall be verified as petitions in civil | 55702 |
| actions and may be accompanied by the sworn statements of any | 55703 |
| witnesses who have knowledge of any fact material to the inquiry. | 55704 |
| Upon the filing of such complaint the commission shall forthwith | 55705 |
| cite the railroad to answer the complaint, and the citation shall | 55706 |
| be accompanied with a brief statement of the claim. The answer of | 55707 |
| the railroad shall be filed within three weeks from the service of | 55708 |
| the citation and shall be verified as answers in civil cases, and | 55709 |
| may be accompanied with the affidavits of any witnesses having | 55710 |
| knowledge of facts material to the inquiry. | 55711 |
| The burden of proof shall be upon the railroad to show that | 55712 |
| loss or damage to property was not due to its negligence. The | 55713 |
| railroad to which property is delivered for shipment shall prima | 55714 |
| facie be liable for loss or damage occurring to such property in | 55715 |
| transit notwithstanding such property may be delivered to other | 55716 |
| railroads before reaching its destination. The claim referred to | 55717 |
| in this section for loss of or damage to property may be made to | 55718 |
| any carrier over whose lines the lost or damaged property was | 55719 |
|
consigned, and such claimant may at
| 55720 |
|
all of such railroads as parties defendant in | 55721 |
| before said commission. The railroad shall furnish the claimant | 55722 |
| with a copy of its answer and affidavits, and within two weeks | 55723 |
|
from the filing of such answers the claimant may file | 55724 |
| with affidavits in support thereof, verified as replies in civil | 55725 |
| cases. At the expiration of said period of two weeks the | 55726 |
| commission shall proceed summarily to examine the complaint, | 55727 |
| answer, reply, and affidavits, and shall determine the existence | 55728 |
| and validity of the claim presented. If the commission finds in | 55729 |
| favor of the claimant it shall certify its findings to the clerk | 55730 |
| of the court of common pleas of the county in which the claimant | 55731 |
| resides or where the railroad or any of its offices is maintained. | 55732 |
| Sec. 4907.59. Upon request of the public utilities | 55733 |
| commission, the attorney general or the prosecuting attorney of | 55734 |
| the proper county shall aid in an investigation, prosecution, | 55735 |
| hearing, or trial had under Chapters 4901., 4903., 4905., 4907., | 55736 |
| and 4909. | 55737 |
| institute and prosecute necessary actions or proceedings for the | 55738 |
| enforcement of such chapters and of other laws of this state | 55739 |
| relating to railroads, and for the punishment of all violations of | 55740 |
| such chapters and such other laws. | 55741 |
| Sec. 4907.60. If a railroad fails to perform a duty enjoined | 55742 |
|
upon it by Chapter 4901., 4903., 4905., 4907., 4909.,
| 55743 |
| 55744 | |
| any of those chapters, for which failure or act no penalty or | 55745 |
| forfeiture has been provided by law, or fails to obey a lawful | 55746 |
| requirement or order made by the public utilities commission or | 55747 |
| order of any court upon application of the commission, the | 55748 |
|
railroad, except as otherwise specifically provided in | 55749 |
| 55750 | |
| Revised Code, shall forfeit into the state treasury not less than | 55751 |
| one hundred nor more than ten thousand dollars for each violation | 55752 |
| or failure. In construing and enforcing this section, the act, | 55753 |
| omission, or failure of any officer, agent, or other person acting | 55754 |
| for or employed by a railroad, while acting within the scope of | 55755 |
| the officer's, agent's, or other person's employment, is the act, | 55756 |
| omission, or failure of the railroad. | 55757 |
| Sec. 4907.61. Except as otherwise specifically provided in | 55758 |
|
sections | 55759 |
| Revised Code, when the attorney general prosecutes an action for | 55760 |
| the recovery of a forfeiture provided for in Chapter 4901., 4903., | 55761 |
| 4905., 4907., 4909., 4921., 4923., or 4959. of the Revised Code, | 55762 |
| the attorney general may bring the action in the court of common | 55763 |
| pleas of Franklin county or of any county having jurisdiction of | 55764 |
| the defendant. | 55765 |
| Sec. 4907.62. If a railroad does, causes, or permits | 55766 |
| anything prohibited by Chapters 4901., 4903., 4905., 4907., and | 55767 |
|
4909. | 55768 |
| omits doing anything required to be done by such chapters, such | 55769 |
| railroad is liable to the person, firm, or corporation injured | 55770 |
| thereby in treble the amount of damages sustained in consequence | 55771 |
| of such violation or omission. A recovery provided by this section | 55772 |
| shall not affect a recovery by the state of the penalty prescribed | 55773 |
| for such violation. | 55774 |
| Sec. 4909.01. As used in this chapter: | 55775 |
| (A) "Public utility" has the same meaning as in section | 55776 |
| 4905.02 of the Revised Code. | 55777 |
| (B) "Electric light company," "gas company," "natural gas | 55778 |
| company," "pipeline company," "water-works company," "sewage | 55779 |
| disposal system company," and "street railway company" have the | 55780 |
| same meanings as in section 4905.03 of the Revised Code. | 55781 |
| (C) "Railroad" has the same meaning as in section 4907.02 of | 55782 |
| the Revised Code. | 55783 |
| (D) " | 55784 |
|
the same meaning as in
| 55785 |
| 4921.01 of the Revised Code. | 55786 |
| Sec. 4909.02. All regulations, practices, and service of | 55787 |
| railroad companies prescribed by the public utilities commission | 55788 |
| shall be in force and be prima-facie reasonable, unless suspended | 55789 |
| or found otherwise in an action brought for that purpose pursuant | 55790 |
|
to Chapters 4901., 4903., 4905., 4907., and 4909. | 55791 |
| 55792 | |
| commission. | 55793 |
| Sec. 4909.03. All rates, fares, charges, classifications, | 55794 |
| and joint rates of railroad companies fixed by the public | 55795 |
| utilities commission shall be in force and be prima-facie lawful | 55796 |
| for two years from the day they take effect, or until changed or | 55797 |
| modified by the commission or by an order of a competent court in | 55798 |
|
an action under Chapters 4901., 4903., 4905., 4907., and 4909. | 55799 |
| 55800 |
| Sec. 4909.17. No rate, joint rate, toll, classification, | 55801 |
| charge, or rental, no change in any rate, joint rate, toll, | 55802 |
| classification, charge, or rental, and no regulation or practice | 55803 |
| affecting any rate, joint rate, toll, classification, charge, or | 55804 |
| rental of a public utility shall become effective until the public | 55805 |
| utilities commission, by order, determines it to be just and | 55806 |
| reasonable, except as provided in this section and sections | 55807 |
| 4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections | 55808 |
| do not apply to any rate, joint rate, toll, classification, | 55809 |
| charge, or rental, or any regulation or practice affecting the | 55810 |
| same, of railroads, street and electric railways, for-hire motor | 55811 |
| 55812 |
| Sec. 4909.22. When passengers or property are transported | 55813 |
| over two or more connecting railroads between points in this | 55814 |
| state, and the railroad companies have made joint rates for the | 55815 |
| transportation of such passengers or property, such rates and all | 55816 |
| charges in connection therewith shall be just and reasonable. | 55817 |
| Every unjust and unreasonable charge is prohibited. A less charge | 55818 |
| by each of such railroads for its proportion of such joint rates | 55819 |
| than is made locally between the same points on their respective | 55820 |
| lines is not for that reason a violation of Chapters 4901., 4903., | 55821 |
|
4905., 4907., and 4909. | 55822 |
| Code and does not render such railroads liable to any of the | 55823 |
| penalties in such chapters. | 55824 |
| Sec. 4909.24. Upon complaint of a person, firm, corporation, | 55825 |
| or association, of a mercantile, agricultural, or manufacturing | 55826 |
| society, or of a body politic or municipal organization, that any | 55827 |
| of the rates, fares, charges, or classifications, or any joint | 55828 |
| rates are in any respect unreasonable or unjustly discriminatory, | 55829 |
| or that any regulation or practice, affecting the transportation | 55830 |
| of persons or property, or any service in connection therewith, | 55831 |
| are in any respect unreasonable or unjustly discriminatory, or | 55832 |
| that any service is inadequate, the public utilities commission | 55833 |
| may notify the railroad complained of that complaint has been | 55834 |
| made, and ten days after such notice proceed to investigate such | 55835 |
| charges as provided in Chapters 4901., 4903., 4905., 4907., and | 55836 |
|
4909. | 55837 |
| such investigation, the commission shall give the railroad and the | 55838 |
| complainants ten days' notice of the time and place such matters | 55839 |
| will be considered and determined, and such parties are entitled | 55840 |
| to be heard and to have process to enforce the attendance of | 55841 |
| witnesses. | 55842 |
| A railroad may make complaint with like effect as though made | 55843 |
|
by any person, firm, corporation, or association, | 55844 |
| mercantile, agricultural, or manufacturing society, body politic, | 55845 |
| or municipal organization. | 55846 |
| Sec. 4909.28. If, upon an investigation under Chapters | 55847 |
|
4901., 4903., 4905., 4907., and 4909. | 55848 |
| the Revised Code, the public utilities commission finds that any | 55849 |
| existing rate, fare, charge, or classification, any joint rate, or | 55850 |
| any regulation or practice affecting the transportation of persons | 55851 |
| or property, or service in connection therewith, is unreasonable | 55852 |
| or unjustly discriminatory, or that any service is inadequate, it | 55853 |
| shall determine and by order fix a reasonable rate, fare, charge, | 55854 |
| classification, joint rate, regulation, practice, or service to be | 55855 |
| imposed, observed, and followed in the future, in place of that so | 55856 |
| found to be unreasonable, unjustly discriminatory, or inadequate. | 55857 |
| A certified copy of each such order shall be delivered to an | 55858 |
| officer or station agent of the railroad affected, and such order | 55859 |
| shall of its own force take effect and become operative thirty | 55860 |
| days after service. | 55861 |
| All railroads to which such order applies shall make such | 55862 |
| changes in their schedules on file as are necessary to conform to | 55863 |
| such order, and no change shall thereafter be made by any railroad | 55864 |
| in any such rate, fare, or charge, or in any joint rate, without | 55865 |
| the approval of the commission. | 55866 |
| Sec. 4911.01. As used in this chapter: | 55867 |
| (A) "Public utility" means every one as defined in divisions | 55868 |
|
(A) | 55869 |
|
(H), and | 55870 |
| all public utilities that operate their utilities not for profit, | 55871 |
| except the following: | 55872 |
| (1) Electric light companies that operate their utilities not | 55873 |
| for profit; | 55874 |
| (2) Public utilities, other than telephone companies, that | 55875 |
| are owned and operated exclusively by and solely for the | 55876 |
| utilities' customers; | 55877 |
| (3) Public utilities that are owned or operated by any | 55878 |
| municipal corporation; | 55879 |
| (4) Railroads as defined in sections 4907.02 and 4907.03 of | 55880 |
| the Revised Code. | 55881 |
| (B) "Residential consumer" means urban, suburban, and rural | 55882 |
| patrons of public utilities insofar as their needs for utility | 55883 |
| services are limited to their residence. | 55884 |
| Sec. 4921.01. As used in this chapter: | 55885 |
| (A) "Ambulance" has the same meaning as in section 4766.01 of | 55886 |
| the Revised Code. | 55887 |
| (B) "For-hire motor carrier" means a person engaged in the | 55888 |
| business of transporting persons or property by motor vehicle for | 55889 |
| compensation, except when engaged in any of the following in | 55890 |
| intrastate commerce: | 55891 |
| (1) The transportation of persons in taxicabs in the usual | 55892 |
| taxicab service; | 55893 |
| (2) The transportation of pupils in school busses operating | 55894 |
| to or from school sessions or school events; | 55895 |
| (3) The transportation of farm supplies to the farm or farm | 55896 |
| products from farm to market or to food fabricating plants; | 55897 |
| (4) The distribution of newspapers; | 55898 |
| (5) The transportation of crude petroleum incidental to | 55899 |
| gathering from wells and delivery to destination by pipe line; | 55900 |
| (6) The transportation of injured, ill, or deceased persons | 55901 |
| by hearse or ambulance; | 55902 |
| (7) The transportation of compost (a combination of manure | 55903 |
| and sand or shredded bark mulch) or shredded bark mulch; | 55904 |
| (8) The transportation of persons in a ridesharing | 55905 |
| arrangement when any fee charged each person so transported is in | 55906 |
| such amount as to recover only the person's share of the costs of | 55907 |
| operating the motor vehicle for such purpose. | 55908 |
| "For-hire motor carrier" includes the carrier's agents, | 55909 |
| officers, and representatives, as well as employees responsible | 55910 |
| for hiring, supervising, training, assigning, or dispatching | 55911 |
| drivers and employees concerned with the installation, inspection, | 55912 |
| and maintenance of motor-vehicle equipment and accessories. | 55913 |
| Divisions (B)(1) to (8) of this section shall not be | 55914 |
| construed to relieve a person from compliance with | 55915 |
| hazardous-material regulation under section 4921.15 of the Revised | 55916 |
| Code and division (H) of section 4921.19 of the Revised Code, or | 55917 |
| rules adopted thereunder, or from compliance with rules governing | 55918 |
| unified carrier registration adopted under section 4921.11 of the | 55919 |
| Revised Code. | 55920 |
| (C) "Household goods" means personal effects and property | 55921 |
| used or to be used in a dwelling, excluding property moving from a | 55922 |
| factory or store. | 55923 |
| (D) "Interstate commerce" means trade, traffic, or | 55924 |
| transportation in the United States that is any of the following: | 55925 |
| (1) Between a place in a state and a place outside of that | 55926 |
| state (including a place outside of the United States); | 55927 |
| (2) Between two places in a state through another state or a | 55928 |
| place outside of the United States; | 55929 |
| (3) Between two places in a state as part of trade, traffic, | 55930 |
| or transportation originating or terminating outside the state or | 55931 |
| the United States. | 55932 |
| (E) "Intrastate commerce" means any trade, traffic, or | 55933 |
| transportation in any state which is not described in the term | 55934 |
| "interstate commerce." | 55935 |
| (F) "Motor vehicle" means any vehicle, machine, tractor, | 55936 |
| trailer, or semitrailer propelled or drawn by mechanical power and | 55937 |
| used upon the highways in the transportation of persons or | 55938 |
| property, or any combination thereof, but does not include any | 55939 |
| vehicle, locomotive, or car operated exclusively on a rail or | 55940 |
| rails, or a trolley bus operated by electric power derived from a | 55941 |
| fixed overhead wire, furnishing local passenger transportation | 55942 |
| similar to street-railway service. | 55943 |
| (G) "Public highway" means any public street, road, or | 55944 |
| highway in this state, whether within or without the corporate | 55945 |
| limits of a municipal corporation. | 55946 |
| (H) "Ridesharing arrangement" means the transportation of | 55947 |
| persons in a motor vehicle where such transportation is incidental | 55948 |
| to another purpose of a volunteer driver, and includes ridesharing | 55949 |
| arrangements known as carpools, vanpools, and buspools. | 55950 |
| (I) "School bus" has the same meaning as in section 4511.01 | 55951 |
| of the Revised Code. | 55952 |
| (J) "Trailer" means any vehicle without motive power designed | 55953 |
| or used for carrying persons or property and for being drawn by a | 55954 |
| separate motor vehicle, including any vehicle of the trailer type, | 55955 |
| whether designed or used for carrying persons or property wholly | 55956 |
| on its own structure, or so designed or used that a part of its | 55957 |
| own weight or the weight of its load rests upon and is carried by | 55958 |
| such motor vehicle. | 55959 |
| Sec. 4921.03. (A) No for-hire motor carrier may operate in | 55960 |
| intrastate commerce unless the carrier has a current and valid | 55961 |
| certificate of public convenience and necessity. | 55962 |
| (B) The public utilities commission shall issue a certificate | 55963 |
| of public convenience and necessity to any person who does all of | 55964 |
| the following: | 55965 |
| (1) Files with the commission, in accordance with rules | 55966 |
| adopted under section 4921.05 of the Revised Code, a complete and | 55967 |
| accurate application that shall include a certification that (a) | 55968 |
| the person understands and is in compliance with the applicable | 55969 |
| service, operation, and safety laws of this state and (b) the | 55970 |
| person meets the requirements of section 4921.09 of the Revised | 55971 |
| Code; | 55972 |
| (2) Agrees to maintain accurate and current business and | 55973 |
| insurance information with the commission, in accordance with the | 55974 |
| commission's rules; | 55975 |
| (3) Has paid all applicable registration fees in accordance | 55976 |
| with rules adopted under section 4921.11 of the Revised Code, all | 55977 |
| applicable taxes under section 4921.19 of the Revised Code, and | 55978 |
| any forfeitures imposed under section 4923.99 of the Revised Code. | 55979 |
| (C) The commission shall have no power to fix, alter, or | 55980 |
| establish rates for the transportation of persons or property, nor | 55981 |
| shall the commission have the power to require or accept the | 55982 |
| filing of tariffs establishing such rates. | 55983 |
| (D) A for-hire motor carrier may, at any time after a | 55984 |
| certificate of public convenience and necessity is granted or | 55985 |
| refused, file a new application or supplement a former | 55986 |
| application. | 55987 |
| (E) The commission may deny issuance of a certificate of | 55988 |
| public convenience and necessity for failure to comply with this | 55989 |
| section or rules adopted under section 4921.05 of the Revised | 55990 |
| Code. | 55991 |
| Sec. 4921.05. The public utilities commission shall adopt | 55992 |
| rules prescribing the manner and form in which a person shall | 55993 |
| apply for a certificate of public convenience and necessity under | 55994 |
| section 4921.03 of the Revised Code. The rules shall include a | 55995 |
| requirement that applications be made in writing on the blanks | 55996 |
| furnished by the commission and contain any information and | 55997 |
| certifications deemed necessary by the commission to carry out | 55998 |
| this chapter. | 55999 |
| Sec. 4921.07. (A) The public utilities commission shall adopt | 56000 |
| rules regarding procedures and timelines by which a certificate of | 56001 |
| public convenience and necessity issued under section 4921.03 of | 56002 |
| the Revised Code may be suspended. At a minimum, the rules shall | 56003 |
| require suspension of a certificate if the for-hire motor carrier | 56004 |
| does any of the following: | 56005 |
| (1) Fails to file a complete and accurate application for the | 56006 |
| certificate under section 4921.03 of the Revised Code; | 56007 |
| (2) Fails to maintain accurate and current business and | 56008 |
| insurance information with the commission; | 56009 |
| (3) Fails to maintain proper proof of insurance or proper | 56010 |
| levels of insurance under section 4921.09 of the Revised Code; | 56011 |
| (4) Fails to pay all applicable registration fees in | 56012 |
| accordance with rules adopted under section 4921.11 of the Revised | 56013 |
| Code, all applicable taxes under section 4921.19 of the Revised | 56014 |
| Code, and any forfeitures imposed under section 4923.99 of the | 56015 |
| Revised Code; | 56016 |
| (5) Requests to suspend the carrier's operations. | 56017 |
| (B)(1) The commission shall adopt rules regarding procedures | 56018 |
| and timelines by which a certificate suspended under division (A) | 56019 |
| of this section may be revoked if the conditions giving rise to | 56020 |
| the suspension are not remedied. | 56021 |
| (2) The commission shall provide the carrier with written | 56022 |
| notice indicating the nature of the deficiency, a proposed | 56023 |
| effective date of the revocation, and the means by which the | 56024 |
| deficiency may be remedied. The carrier may correct the identified | 56025 |
| deficiency or submit evidence refuting the proposed revocation | 56026 |
| within sixty days from the date of the notice. The commission may | 56027 |
| extend the sixty-day period for good cause shown. The commission | 56028 |
| may revoke the certificate after the remedy period if the carrier | 56029 |
| has not provided sufficient evidence to remedy the deficiency. | 56030 |
| Sec. 4921.09. (A) No certificate of public convenience and | 56031 |
| necessity shall be issued by the public utilities commission to | 56032 |
| any for-hire motor carrier until the carrier has filed with the | 56033 |
| commission a liability insurance certificate, policy, or bond | 56034 |
| satisfactory to the commission, in the sum and with the provisions | 56035 |
| the commission considers necessary adequately to protect the | 56036 |
| interests of the public, having due regard for the number of | 56037 |
| persons and amount of property affected. The certificate, policy, | 56038 |
| or bond shall insure the carrier against loss sustained by reason | 56039 |
| of death or injuries to persons and for loss or damage to property | 56040 |
| resulting from the negligence of the carrier. | 56041 |
| (B) No certificate for the transportation of household goods | 56042 |
| shall be issued to a for-hire motor carrier pursuant to sections | 56043 |
| 4921.30 to 4921.38 of the Revised Code until it has filed with the | 56044 |
| commission a freight cargo insurance certificate, policy, or bond | 56045 |
| that the commission has determined to be adequate to protect the | 56046 |
| interests of the shipping public. | 56047 |
| (C) The Commission shall adopt rules to achieve the purposes | 56048 |
| of this section that are not incompatible with the requirements of | 56049 |
| the United States department of transportation. The rules shall at | 56050 |
| a minimum address all of the following: | 56051 |
| (1) The minimum levels of financial responsibility for each | 56052 |
| type of for-hire motor carrier; | 56053 |
| (2) The form and type of documents to be filed with the | 56054 |
| commission; | 56055 |
| (3) The manner by which documents may be filed with the | 56056 |
| commission; | 56057 |
| (4) The timelines for filing documents with the commission. | 56058 |
| (D) If a certificate, policy, or bond required under division | 56059 |
| (A) of this section is canceled during its term or lapses for any | 56060 |
| reason, both of the following apply: | 56061 |
| (1) All operations under the certificate of public | 56062 |
| convenience and necessity shall cease immediately, and further | 56063 |
| operations shall not be conducted until a replacement is filed | 56064 |
| with the commission under division (D)(2) of this section. | 56065 |
| (2) The commission shall require the company to replace the | 56066 |
| certificate, policy, or bond with another that fully complies with | 56067 |
| the requirements of this section. | 56068 |
| The certificate of public convenience and necessity shall be | 56069 |
| reinstated only after a satisfactory insurance certificate, | 56070 |
| policy, or bond has been filed with the commission. | 56071 |
| (E) To ensure minimum standards of protection of consumers' | 56072 |
| household goods, the commission may adopt rules, not incompatible | 56073 |
| with the requirements of the United States department of | 56074 |
| transportation, governing requirements for cargo insurance for | 56075 |
| for-hire motor carriers engaged in the transportation of household | 56076 |
| goods over a public highway in this state. | 56077 |
| Sec. 4921.11. The public utilities commission shall adopt | 56078 |
| rules applicable to registration pursuant to the unified carrier | 56079 |
| registration plan, codified as 49 U.S.C. 14504a, and the rules, | 56080 |
| procedures, and fee schedules adopted thereunder, in accordance | 56081 |
| with division (G) of section 4921.19 of the Revised Code. | 56082 |
| Sec. 4921.13. (A) The public utilities commission shall adopt | 56083 |
| rules applicable to the filing of annual update forms and the | 56084 |
| payment of taxes by for-hire motor carriers. The rules shall not | 56085 |
| be incompatible with the requirements of the United States | 56086 |
| department of transportation. The rules shall at a minimum address | 56087 |
| all of the following: | 56088 |
| (1) The information and certifications that must be provided | 56089 |
| to the commission on an annual update form, including a | 56090 |
| certification that the carrier continues to be in compliance with | 56091 |
| the applicable laws of this state. | 56092 |
| (2) Documentation and information that must be provided | 56093 |
| regarding proof of financial responsibility; | 56094 |
| (3) The form and manner in which taxes may be paid under | 56095 |
| section 4921.19 of the Revised Code. | 56096 |
| (B) The rules may address any other information that the | 56097 |
| commission determines is necessary to carry out this section. | 56098 |
| (C) A for-hire motor carrier shall not be issued a tax | 56099 |
| receipt under division (C) of section 4921.19 of the Revised Code | 56100 |
| until all of the following have been satisfied: | 56101 |
| (1) A complete and accurate annual update form has been filed | 56102 |
| with the commission; | 56103 |
| (2) Proof of financial responsibility remains in effect; | 56104 |
| (3) All applicable registration fees in accordance with rules | 56105 |
| adopted under section 4921.11 of the Revised Code, all applicable | 56106 |
| taxes under section 4921.19 of the Revised Code, and any | 56107 |
| forfeitures imposed under section 4923.99 of the Revised Code have | 56108 |
| been paid in full. | 56109 |
| Sec. 4921.15. (A) As used in sections 4921.15, 4921.16, and | 56110 |
| 4921.19 of the Revised Code: | 56111 |
| (1) "Uniform registration" has the same meaning as | 56112 |
| "registration" as used in the final report submitted to the United | 56113 |
| States secretary of transportation, pursuant to subsection (c) of | 56114 |
| section 22 of the "Hazardous Materials Transportation Uniform | 56115 |
| Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. | 56116 |
| (2) "Uniform permit" has the same meaning as "permit" as used | 56117 |
| in the final report submitted to the United States secretary of | 56118 |
| transportation, pursuant to subsection (c) of section 22 of the | 56119 |
| "Hazardous Materials Transportation Uniform Safety Act of 1990," | 56120 |
| 104 Stat. 3244, 49 U.S.C.A. App. 1819. | 56121 |
| (B)(1) The public utilities commission may adopt rules | 56122 |
| applicable to the uniform registration and uniform permitting of | 56123 |
| persons engaged in the highway transportation of hazardous | 56124 |
| materials into, through, or within this state. The rules shall | 56125 |
| include rules staggering the registration date for those persons | 56126 |
| and reducing or extending, by no more than one year, the permit | 56127 |
| renewal period for those persons. | 56128 |
| (2) For the purpose of minimizing filing requirements | 56129 |
| regarding any background investigation required for the issuance | 56130 |
| of a uniform permit as a carrier of hazardous wastes, the | 56131 |
| commission shall accept from any applicant for the permit any | 56132 |
| refiling of information the applicant has filed with the office of | 56133 |
| the attorney general under section 3734.42 of the Revised Code or | 56134 |
| any reference to that information if the refiled or referenced | 56135 |
| information is on file with the office of the attorney general, is | 56136 |
| accurate and timely for the commission's purposes under this | 56137 |
| section, and is supplemented by any additional information the | 56138 |
| commission requires. The office of the attorney general, as | 56139 |
| necessary for a background investigation, shall make accessible to | 56140 |
| the commission any information referenced or refiled in an | 56141 |
| application for a uniform permit as a carrier of hazardous wastes | 56142 |
| that the attorney general determines may be disclosed in | 56143 |
| accordance with section 3734.42 of the Revised Code. Nothing in | 56144 |
| sections 4921.15, 4921.16, and division (H) of section 4921.19 of | 56145 |
| the Revised Code affects any limitations under section 3734.42 of | 56146 |
| the Revised Code on the disclosure of that information. | 56147 |
| (C) The commission, as necessary to implement the rules | 56148 |
| adopted under division (B) of this section, may enter into | 56149 |
| agreements, contracts, arrangements, or declarations with other | 56150 |
| states and with the national repository, established pursuant to | 56151 |
| the final report submitted to the United States secretary of | 56152 |
| transportation, pursuant to subsection (c) of section 22 of the | 56153 |
| "Hazardous Materials Transportation Uniform Safety Act of 1990," | 56154 |
| 104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, contracts, | 56155 |
| arrangements, or declarations shall include, but not be limited | 56156 |
| to, the determination of a base state, the collection of uniform | 56157 |
| registration fees, the frequency of distribution of uniform | 56158 |
| registration fees, procedures for dispute resolution, and | 56159 |
| protection of trade secrets and confidential business information. | 56160 |
| (D) No person shall knowingly falsify or fail to submit any | 56161 |
| data, reports, records, or other information required to be | 56162 |
| submitted to the commission pursuant to this section or a rule | 56163 |
| adopted under it. For purposes of this division, a person acts | 56164 |
| knowingly if either of the following applies: | 56165 |
| (1) The person has actual knowledge of the facts giving rise | 56166 |
| to the violation. | 56167 |
| (2) A reasonable person acting in the circumstances and | 56168 |
| exercising due care would have such knowledge. | 56169 |
| (E) After notice and opportunity for a hearing, the | 56170 |
| commission, pursuant to criteria set forth in rules adopted under | 56171 |
| division (B) of this section, may suspend, revoke, or deny the | 56172 |
| uniform permit as a carrier of hazardous materials of any person | 56173 |
| that has obtained or applied for such a uniform permit from the | 56174 |
| commission pursuant to rules adopted under that division, or the | 56175 |
| commission may order the suspension of the transportation of | 56176 |
| hazardous materials into, through, or within this state by a | 56177 |
| carrier that has obtained a uniform permit from another state that | 56178 |
| has a reciprocity agreement with the commission pursuant to | 56179 |
| division (C) of this section. | 56180 |
| (F)(1) The proceedings specified in division (E) of this | 56181 |
| section are subject to and governed by Chapter 4903. of the | 56182 |
| Revised Code, except as otherwise provided in this section. The | 56183 |
| court of appeals of Franklin county has exclusive original | 56184 |
| jurisdiction to review, modify, or vacate any order of the | 56185 |
| commission suspending, revoking, or denying a uniform permit as a | 56186 |
| carrier of hazardous materials of any person that has obtained or | 56187 |
| applied for a uniform permit from the commission pursuant to rules | 56188 |
| adopted under division (B) of this section, or any order of the | 56189 |
| commission suspending the transportation of hazardous materials | 56190 |
| into, through, or within this state by a carrier that has obtained | 56191 |
| a uniform permit from another state that has a reciprocity | 56192 |
| agreement with the commission under division (C) of this section. | 56193 |
| The court of appeals shall hear and determine those appeals in the | 56194 |
| same manner and under the same standards as the Ohio supreme court | 56195 |
| hears and determines appeals under Chapter 4903. of the Revised | 56196 |
| Code. The judgment of the court of appeals is final and conclusive | 56197 |
| unless reversed, vacated, or modified on appeal. Such appeals may | 56198 |
| be taken either by the commission or the person to whom the order | 56199 |
| was issued and shall proceed as in the case of appeals in civil | 56200 |
| actions as provided in Chapter 2505. of the Revised Code. | 56201 |
| (2) Section 4903.11 of the Revised Code does not apply to | 56202 |
| appeals of any order of the commission suspending, revoking, or | 56203 |
| denying a uniform permit of a person that has obtained or applied | 56204 |
| for a uniform permit from the commission pursuant to rules adopted | 56205 |
| under division (B) of this section, or of any order of the | 56206 |
| commission suspending the transportation of hazardous materials | 56207 |
| into, through, or within this state by a carrier that has obtained | 56208 |
| a uniform permit from another state that has a reciprocity | 56209 |
| agreement with the commission pursuant to division (C) of this | 56210 |
| section. Any person to whom such an order is issued who wishes to | 56211 |
| contest the order shall file, within sixty days after the entry of | 56212 |
| the order upon the journal of the commission, a notice of appeal, | 56213 |
| setting forth the order appealed from and the errors complained | 56214 |
| of. The notice of appeal shall be served, unless waived, upon the | 56215 |
| chairperson of the commission or, in the event of the | 56216 |
| chairperson's absence, upon any public utilities commissioner, or | 56217 |
| by leaving a copy at the office of the commission at Columbus. On | 56218 |
| appeal, the court shall reverse, vacate, or modify the order if, | 56219 |
| upon consideration of the record, the court is of the opinion that | 56220 |
| the order was unlawful or unreasonable. | 56221 |
| Sec. 4921.16. (A) Information submitted to the public | 56222 |
| utilities commission as part of a uniform registration | 56223 |
| application, pursuant to rules adopted under division (B) of | 56224 |
| section 4921.15 of the Revised Code, is a public record and is | 56225 |
| subject to section 149.43 of the Revised Code. | 56226 |
| (B) Except for information related to corporate structure and | 56227 |
| personnel, information that is submitted to the commission as part | 56228 |
| of a uniform permit application, pursuant to rules adopted under | 56229 |
| division (B) of section 4921.15 of the Revised Code, is a public | 56230 |
| record and is subject to section 149.43 of the Revised Code. | 56231 |
| Information that is related to corporate structure and personnel | 56232 |
| that is submitted to the commission as part of a uniform permit | 56233 |
| application, pursuant to rules adopted under division (B) of | 56234 |
| section 4921.15 of the Revised Code, is not a public record and is | 56235 |
| not subject to section 149.43 of the Revised Code. Except as | 56236 |
| provided in division (D) of this section, the commission shall not | 56237 |
| disclose to any person any information that is related to | 56238 |
| corporate structure and personnel that is submitted as part of a | 56239 |
| uniform permit application. | 56240 |
| (C) Information that is submitted for any background | 56241 |
| investigation for an application for a uniform permit as a carrier | 56242 |
| of hazardous wastes is not a public record and is not subject to | 56243 |
| section 149.43 of the Revised Code. Except as provided in division | 56244 |
| (D) of this section, the commission shall not disclose to any | 56245 |
| person any information submitted for any background investigation | 56246 |
| for such an application. | 56247 |
| (D) The commission may disclose to its authorized employees | 56248 |
| and to any federal agencies, state agencies of this state or | 56249 |
| another state, local government agencies of this state or another | 56250 |
| state, or the national repository established pursuant to the | 56251 |
| final report submitted to the United States secretary of | 56252 |
| transportation, pursuant to subsection (c) of section 22 of the | 56253 |
| "Hazardous Materials Transportation Uniform Safety Act of 1990," | 56254 |
| 104 Stat. 3244, 49 U.S.C.A. App. 1819, any information submitted | 56255 |
| to the commission as part of a uniform permit application that is | 56256 |
| related to corporate structure and personnel or submitted for any | 56257 |
| background investigation for an application for a uniform permit | 56258 |
| as a carrier of hazardous wastes if all of the following | 56259 |
| conditions are met: | 56260 |
| (1) The commission enters into a confidentiality agreement | 56261 |
| with the employee, agency, or national repository under which that | 56262 |
| employee or entity agrees not to disclose to any third party any | 56263 |
| information related to corporate structure or personnel or any | 56264 |
| information submitted as part of a background investigation unless | 56265 |
| the third party enters into a confidentiality agreement with the | 56266 |
| commission consistent with this division. | 56267 |
| (2) The employee, agency, or national repository certifies to | 56268 |
| the commission that it is not required by any state or federal law | 56269 |
| to disclose any information related to corporate structure or | 56270 |
| personnel or any information submitted as part of a background | 56271 |
| investigation. | 56272 |
| (3) The federal agency, state or local government agency of | 56273 |
| another state, or national repository irrevocably consents in | 56274 |
| writing to the jurisdiction of the courts of this state and | 56275 |
| service of process in this state, including, without limitation, | 56276 |
| summonses and subpoenas, for any civil proceeding arising out of | 56277 |
| an intentional disclosure of information in violation of this | 56278 |
| division. | 56279 |
| (E) Any person who intentionally discloses information in | 56280 |
| violation of division (D) of this section is liable to the owner | 56281 |
| of the information for civil damages caused by the disclosure. | 56282 |
| Sec. 4921.19. (A) Every for-hire motor carrier operating in | 56283 |
| this state shall, at the time of the issuance of a certificate of | 56284 |
| public convenience and necessity under section 4921.03 of the | 56285 |
| Revised Code, pay to the public utilities commission, for and on | 56286 |
| behalf of the treasurer of state, the following taxes: | 56287 |
| (1) For each motor vehicle used for transporting persons, | 56288 |
| thirty dollars; | 56289 |
| (2) For each commercial tractor, as defined in section | 56290 |
| 4501.01 of the Revised Code, used for transporting property, | 56291 |
| thirty dollars; | 56292 |
| (3) For each other motor vehicle transporting property, | 56293 |
| twenty dollars. | 56294 |
| (B) Every for-hire motor carrier operating in this state | 56295 |
| solely in intrastate commerce shall, annually between the first | 56296 |
| day of May and the thirtieth day of June, pay to the commission, | 56297 |
| for and on behalf of the treasurer of state, the following taxes: | 56298 |
| (1) For each motor vehicle used for transporting persons, | 56299 |
| thirty dollars; | 56300 |
| (2) For each commercial tractor, as defined in section | 56301 |
| 4501.01 of the Revised Code, used for transporting property, | 56302 |
| thirty dollars; | 56303 |
| (3) For each other motor vehicle transporting property, | 56304 |
| twenty dollars. | 56305 |
| (C) After a for-hire motor carrier has paid the applicable | 56306 |
| taxes under division (B) of this section and all requirements | 56307 |
| under division (C) of section 4921.13 of the Revised Code have | 56308 |
| been met, the commission shall issue the carrier a tax receipt. | 56309 |
| The carrier shall carry a copy of the tax receipt in each motor | 56310 |
| vehicle operated by the carrier. The carrier shall maintain the | 56311 |
| original copy of the tax receipt at the carrier's primary place of | 56312 |
| business. | 56313 |
| (D) A trailer used by a for-hire motor carrier shall not be | 56314 |
| taxed under this section. | 56315 |
| (E) The annual tax levied by division (B) of this section | 56316 |
| does not apply in those cases where the commission finds that the | 56317 |
| movement of agricultural commodities or foodstuffs produced | 56318 |
| therefrom requires a temporary and seasonal use of vehicular | 56319 |
| equipment for a period of not more than ninety days. In such | 56320 |
| event, the tax on the vehicular equipment shall be twenty-five per | 56321 |
| cent of the annual tax levied by division (B) of this section. If | 56322 |
| any vehicular equipment is used in excess of the ninety-day | 56323 |
| period, the annual tax levied by this section shall be paid. | 56324 |
| (F) All taxes levied by division (B) of this section shall be | 56325 |
| reckoned as from the beginning of the quarter in which the tax | 56326 |
| receipt is issued or as from when the use of equipment under any | 56327 |
| existing tax receipt began. | 56328 |
| (G) The fees for unified carrier registration pursuant to | 56329 |
| section 4921.11 of the Revised Code shall be identical to those | 56330 |
| established by the unified carrier registration act board as | 56331 |
| approved by the federal motor carrier safety administration for | 56332 |
| each year. | 56333 |
| (H)(1) The fees for uniform registration and a uniform permit | 56334 |
| as a carrier of hazardous materials pursuant to section 4921.15 of | 56335 |
| the Revised Code shall consist of the following: | 56336 |
| (a) A processing fee of fifty dollars; | 56337 |
| (b) An apportioned per-truck registration fee, which shall be | 56338 |
| calculated by multiplying the percentage of a registrant's | 56339 |
| activity in this state times the percentage of the registrant's | 56340 |
| business that is hazardous-materials-related, times the number of | 56341 |
| vehicles owned or operated by the registrant, times a per-truck | 56342 |
| fee determined by order of the commission following public notice | 56343 |
| and an opportunity for comment. | 56344 |
| (i) The percentage of a registrant's activity in this state | 56345 |
| shall be calculated by dividing the number of miles that the | 56346 |
| registrant travels in this state under the international | 56347 |
| registration plan, pursuant to section 4503.61 of the Revised | 56348 |
| Code, by the number of miles that the registrant travels | 56349 |
| nationwide under the international registration plan. Registrants | 56350 |
| that operate solely within this state shall use one hundred per | 56351 |
| cent as their percentage of activity. Registrants that do not | 56352 |
| register their vehicles through the international registration | 56353 |
| plan shall calculate activity in the state in the same manner as | 56354 |
| that required by the international registration plan. | 56355 |
| (ii) The percentage of a registrant's business that is | 56356 |
| hazardous-materials-related shall be calculated, for | 56357 |
| less-than-truckload shipments, by dividing the weight of all the | 56358 |
| registrant's hazardous materials shipments by the total weight of | 56359 |
| all shipments in the previous year. The percentage of a | 56360 |
| registrant's business that is hazardous-materials-related shall be | 56361 |
| calculated, for truckload shipments, by dividing the number of | 56362 |
| shipments for which placarding, marking of the vehicle, or | 56363 |
| manifesting, as appropriate, was required by regulations adopted | 56364 |
| under sections 4 to 6 of the "Hazardous Materials Transportation | 56365 |
| Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804, | 56366 |
| by the total number of the registrant's shipments that transported | 56367 |
| any kind of goods in the previous year. A registrant that | 56368 |
| transports both less-than-truckload and truckload shipments of | 56369 |
| hazardous materials shall calculate the percentage of business | 56370 |
| that is hazardous-materials-related on a proportional basis. | 56371 |
| (iii) A registrant may utilize fiscal year, or calendar year, | 56372 |
| or other current company accounting data, or other publicly | 56373 |
| available information, in calculating the percentages required by | 56374 |
| divisions (H)(1)(b)(i) and (ii) of this section. | 56375 |
| (2) The commission, after notice and opportunity for a | 56376 |
| hearing, may assess each carrier a fee for any background | 56377 |
| investigation required for the issuance, for the purpose of | 56378 |
| section 3734.15 of the Revised Code, of a uniform permit as a | 56379 |
| carrier of hazardous wastes and fees related to investigations and | 56380 |
| proceedings for the denial, suspension, or revocation of a uniform | 56381 |
| permit as a carrier of hazardous materials. The fees shall not | 56382 |
| exceed the reasonable costs of the investigations and proceedings. | 56383 |
| The fee for a background investigation for a uniform permit as a | 56384 |
| carrier of hazardous wastes shall be six hundred dollars plus the | 56385 |
| costs of obtaining any necessary information not included in the | 56386 |
| permit application, to be calculated at the rate of thirty dollars | 56387 |
| per hour, not exceeding six hundred dollars, plus any fees payable | 56388 |
| to obtain necessary information. | 56389 |
| (I) The application fee for a certificate for the | 56390 |
| transportation of household goods issued pursuant to sections | 56391 |
| 4921.30 to 4921.38 of the Revised Code shall be based on the | 56392 |
| certificate holder's gross revenue, in the prior year, for the | 56393 |
| intrastate transportation of household goods. The commission shall | 56394 |
| establish, by order, ranges of gross revenue and the fee for each | 56395 |
| range. The fees shall be set in amounts sufficient to carry out | 56396 |
| the purposes of sections 4921.30 to 4921.38 and 4923.99 of the | 56397 |
| Revised Code and, to the extent necessary, the commission shall | 56398 |
| make changes to the fee structure to ensure that neither over nor | 56399 |
| under collection of the fees occurs. The fees shall also take into | 56400 |
| consideration the revenue generated from the assessment of | 56401 |
| forfeitures under section 4923.99 of the Revised Code regarding | 56402 |
| the consumer protection provisions applicable to for-hire motor | 56403 |
| carriers engaged in the transportation of household goods. | 56404 |
| (J) The fees and taxes provided under this section shall be | 56405 |
| in addition to taxes, fees, and charges fixed and exacted by other | 56406 |
| sections of the Revised Code, except the assessments required by | 56407 |
| section 4905.10 of the Revised Code, but all fees, license fees, | 56408 |
| annual payments, license taxes, or taxes or other money exactions, | 56409 |
| except the general property tax, assessed, charged, fixed, or | 56410 |
| exacted by local authorities such as municipal corporations, | 56411 |
| townships, counties, or other local boards, or the officers of | 56412 |
| such subdivisions are illegal and, are superseded by sections | 56413 |
| 4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On | 56414 |
| compliance with sections 4503.04 and 4905.03 and Chapter 4921. of | 56415 |
| the Revised Code, all local ordinances, resolutions, by laws, and | 56416 |
| rules in force shall cease to be operative as to the persons in | 56417 |
| compliance, except that such local subdivisions may make | 56418 |
| reasonable local police regulations within their respective | 56419 |
| boundaries not inconsistent with sections 4503.04 and 4905.03 and | 56420 |
| Chapter 4921. of the Revised Code. | 56421 |
| Sec. 4921.21. (A) As used in this section, "adjusted credit | 56422 |
| amount" means the aggregate amount credited to the public | 56423 |
| utilities transportation safety fund, less the sum of all of the | 56424 |
| following: | 56425 |
| (1) The fees collected by the public utilities commission, in | 56426 |
| accordance with the unified carrier registration plan under | 56427 |
| section 4921.11 of the Revised Code, that exceed the federal | 56428 |
| certification of revenue for each year of the plan; | 56429 |
| (2) The fees collected by the commission on behalf of other | 56430 |
| states under division (C) of section 4921.15 of the Revised Code; | 56431 |
| (3) The forfeitures collected by the commission under section | 56432 |
| 4923.99 of the Revised Code for violations of rules adopted under | 56433 |
| division (A)(2) of section 4923.04 of the Revised Code. | 56434 |
| (B)(1) There is hereby created in the state treasury the | 56435 |
| public utilities transportation safety fund. The fees collected in | 56436 |
| accordance with the unified carrier registration plan under | 56437 |
| section 4921.11 of the Revised Code, the fees collected under | 56438 |
| section 4921.15 of the Revised Code, the taxes and fees remitted | 56439 |
| under section 4921.19 of the Revised Code, the forfeitures imposed | 56440 |
| under section 4923.99 of the Revised Code, except as provided in | 56441 |
| division (B)(2) of this section, and the fines collected under | 56442 |
| section 4163.07 of the Revised Code shall be deposited into the | 56443 |
| state treasury to the credit of the public utilities | 56444 |
| transportation safety fund, until the adjusted credit amount in a | 56445 |
| fiscal year is equal to the total amount appropriated from the | 56446 |
| fund for the fiscal year. Once this point of parity is reached, | 56447 |
| any additional fees, taxes, forfeitures, or fines received during | 56448 |
| the fiscal year shall be credited to the general revenue fund, | 56449 |
| except as provided in division (B)(2) of this section, and except | 56450 |
| for both of the following: | 56451 |
| (a) The fees collected in accordance with the unified carrier | 56452 |
| registration plan under section 4921.11 of the Revised Code, that | 56453 |
| exceed the federal certification of revenue for each year of the | 56454 |
| plan; | 56455 |
| (b) The fees collected on behalf of other states under | 56456 |
| division (C) of section 4921.15 of the Revised Code. | 56457 |
| (2) The first eight hundred thousand dollars of forfeitures | 56458 |
| collected under section 4923.99 of the Revised Code, for | 56459 |
| violations of rules adopted under division (A)(2) of section | 56460 |
| 4923.04 of the Revised Code, during each fiscal year shall be | 56461 |
| credited to the public utilities transportation safety fund. Any | 56462 |
| forfeitures in excess of that amount shall be deposited into the | 56463 |
| general revenue fund. In each fiscal year, the commission shall | 56464 |
| distribute moneys from these forfeitures credited to the public | 56465 |
| utilities transportation safety fund for the purposes of emergency | 56466 |
| response planning and the training of safety, enforcement, and | 56467 |
| emergency services personnel in proper techniques for the | 56468 |
| management of hazardous materials releases that occur during | 56469 |
| transportation or otherwise. For these purposes, fifty per cent of | 56470 |
| all such moneys credited to the public utilities transportation | 56471 |
| safety fund shall be distributed to Cleveland state university, | 56472 |
| forty-five per cent shall be distributed to other educational | 56473 |
| institutions, state agencies, regional planning commissions, and | 56474 |
| political subdivisions, and five per cent shall be retained by the | 56475 |
| commission for the administration of this section and for training | 56476 |
| employees. However, if, in any such period, moneys from these | 56477 |
| forfeitures credited to the public utilities transportation safety | 56478 |
| fund equal an amount less than four hundred thousand dollars, the | 56479 |
| commission shall distribute, to the extent of the aggregate amount | 56480 |
| of those moneys, two hundred thousand dollars to Cleveland state | 56481 |
| university and the remainder to other educational institutions, | 56482 |
| state agencies, regional planning commissions, and political | 56483 |
| subdivisions. | 56484 |
| (C) The purpose of the public utilities transportation safety | 56485 |
| fund shall be for defraying all expenses incident to maintaining | 56486 |
| the nonrailroad transportation activities of the commission. | 56487 |
| (D) There is hereby created in the state treasury the federal | 56488 |
| commercial vehicle transportation systems fund. The fund shall | 56489 |
| consist of money received from the United States department of | 56490 |
| transportation's commercial vehicle intelligent transportation | 56491 |
| systems infrastructure deployment program. The public utilities | 56492 |
| commission shall use the fund to deploy the Ohio commercial | 56493 |
| vehicle information systems networks project and to improve safety | 56494 |
| of motor carrier operations through electronic exchange of data. | 56495 |
| (E) There is hereby created in the state treasury the motor | 56496 |
| carrier safety fund. The fund shall consist of money received from | 56497 |
| the United States department of transportation for motor carrier | 56498 |
| safety. The commission shall use the fund to administer the | 56499 |
| state's motor carrier safety assistance program and associated | 56500 |
| grants, including the motor carrier safety assistance program | 56501 |
| basic grant, the incentive grant, the high priority grants, the | 56502 |
| new entrant safety assurance grant, the safety data improvement | 56503 |
| grant, or their equivalents. | 56504 |
| (F) If the director of budget and management determines there | 56505 |
| is not sufficient money in the public utilities transportation | 56506 |
| safety fund, the director shall transfer money from the general | 56507 |
| revenue fund to the public utilities transportation safety fund in | 56508 |
| an amount up to the difference between the balance of the public | 56509 |
| utilities transportation safety fund and the appropriations from | 56510 |
| that fund. If the director subsequently determines during the | 56511 |
| fiscal year that the balance of the public utilities | 56512 |
| transportation safety fund exceeds the amount needed to support | 56513 |
| the appropriations from the fund, the director shall transfer the | 56514 |
| excess money, up to the amount of the original transfer, to the | 56515 |
| general revenue fund. | 56516 |
| Sec. 4921.25. Any person, firm, copartnership, voluntary | 56517 |
| association, joint-stock association, company, or corporation, | 56518 |
| wherever organized or incorporated, that is engaged in the towing | 56519 |
| of motor vehicles is subject to regulation by the public utilities | 56520 |
| commission as a for-hire motor carrier under this chapter. Such an | 56521 |
| entity is not subject to any ordinance, rule, or resolution of a | 56522 |
| municipal corporation, county, or township that provides for the | 56523 |
| licensing, registering, or regulation of entities that tow motor | 56524 |
| vehicles. | 56525 |
| Sec. 4921.30. Except as otherwise provided in sections | 56526 |
| 4921.32 to 4921.38 of the Revised Code, a for-hire motor carrier | 56527 |
| engaged in the transportation of household goods in intrastate | 56528 |
| commerce: | 56529 |
| (A) Is subject to Chapter 4921. of the Revised Code and to | 56530 |
| all other provisions of the Revised Code applicable to a for-hire | 56531 |
| motor carrier, including sections 4506.22, 4511.78, 5502.01, | 56532 |
| 5503.02, and 5503.34 of the Revised Code; | 56533 |
| (B) Is not a public utility as defined in section 4911.01 of | 56534 |
| the Revised Code. | 56535 |
| Sec. 4921.32. Notwithstanding any provision of this chapter | 56536 |
| or Chapters 4901. to 4909. and 4923. of the Revised Code to the | 56537 |
| contrary: | 56538 |
| (A) Not later than six months after the effective date of | 56539 |
| this section, the public utilities commission, in accordance with | 56540 |
| sections 4921.30 to 4921.38 of the Revised Code, shall establish | 56541 |
| by order a certification system for for-hire motor carriers | 56542 |
| engaged in the transportation of household goods in intrastate | 56543 |
| commerce. | 56544 |
| (B) Beginning on the effective date of the order of the | 56545 |
| commission as initially issued under division (A) of this section, | 56546 |
| no for-hire motor carrier shall engage in the transportation of | 56547 |
| household goods in intrastate commerce without first holding a | 56548 |
| current and valid certificate for the transportation of household | 56549 |
| goods issued by the commission pursuant to sections 4921.30 to | 56550 |
| 4921.38 of the Revised Code. | 56551 |
| Sec. 4921.34. (A) The public utilities commission shall | 56552 |
| approve an application for a certificate for the transportation of | 56553 |
| household goods under sections 4921.30 to 4921.38 of the Revised | 56554 |
| Code and shall issue a certificate, provided the applicant pays | 56555 |
| the applicable application fee under division (I) of section | 56556 |
| 4921.19 of the Revised Code and submits to the commission a | 56557 |
| completed application, on a form prescribed by the commission, | 56558 |
| that is substantially the same as the application prescribed by | 56559 |
| the commission pursuant to section 4921.05 of the Revised Code, | 56560 |
| and includes a certification of all of the following by | 56561 |
| responsible officials of the applicant: | 56562 |
| (1) The applicant's workers' compensation coverage is current | 56563 |
| pursuant to Chapter 4123. of the Revised Code. | 56564 |
| (2) The applicant's unemployment compensation coverage is | 56565 |
| current pursuant to Chapter 4141. of the Revised Code. | 56566 |
| (3) The applicant's financial responsibility is in accordance | 56567 |
| with rules adopted by the commission under section 4921.09 of the | 56568 |
| Revised Code. | 56569 |
| (B) The commission shall not approve any application that | 56570 |
| does not contain the proper certifications required by this | 56571 |
| section. The commission may revoke a certificate issued under | 56572 |
| division (A) of this section if, after at least fifteen days' | 56573 |
| advance notice to the certificate holder of the basis for such | 56574 |
| action and providing the holder with an opportunity for a hearing, | 56575 |
| the commission finds that the holder is not in compliance with | 56576 |
| this chapter, or rules adopted or orders issued under it. | 56577 |
| (C) A certificate issued under division (A) of this section | 56578 |
| is valid for one year and is renewable annually. | 56579 |
| Sec. 4921.36. Each holder of a certificate for the | 56580 |
| transportation of household goods shall do all of the following: | 56581 |
| (A) Make its current certificate available for public | 56582 |
| inspection during normal business hours; | 56583 |
| (B) Present each of its customers with information, written | 56584 |
| in plain and clear language and pursuant to a form prescribed by | 56585 |
| the public utilities commission, outlining a consumer's rights; | 56586 |
| (C) Include its certificate number on all advertising, | 56587 |
| written estimates, and contracts, pursuant to rules adopted by the | 56588 |
| commission. | 56589 |
| Sec. 4921.38. In accordance with sections 4921.30 to 4921.36 | 56590 |
| of the Revised Code, the public utilities commission may adopt | 56591 |
| rules regarding any of the following: | 56592 |
| (A) Providing for binding estimates by for-hire motor | 56593 |
| carriers engaged in the transportation of household goods in | 56594 |
| intrastate commerce; | 56595 |
| (B) Providing for guaranteed-not-to-exceed estimates by those | 56596 |
| carriers; | 56597 |
| (C) Requiring those carriers to include their certificate | 56598 |
| number in all advertising, written estimates, and contracts | 56599 |
| related to the transportation of household goods in intrastate | 56600 |
| commerce; | 56601 |
| (D) As are necessary and proper to carry out this chapter | 56602 |
| with respect to those carriers; | 56603 |
| (E) Providing for the enforcement of the consumer protection | 56604 |
| provisions of Title 49 of the United States Code related to the | 56605 |
| delivery and transportation of household goods in interstate | 56606 |
| commerce, as permitted by 49 U.S.C. 14710. | 56607 |
| Sec. 4923.01. As used in this chapter: | 56608 |
| (A) "Ambulance," "interstate commerce," "intrastate | 56609 |
| commerce," "motor vehicle," "public highway," "ridesharing | 56610 |
| arrangement," and "school bus" have the same meanings as in | 56611 |
| section 4921.01 of the Revised Code. | 56612 |
| (B) "For-hire motor carrier" means a person engaged in the | 56613 |
| business of transporting persons or property by motor vehicle for | 56614 |
| compensation, except when engaged in any of the following in | 56615 |
| intrastate commerce: | 56616 |
| (1) The transportation of persons in taxicabs in the usual | 56617 |
| taxicab service; | 56618 |
| (2) The transportation of pupils in school busses operating | 56619 |
| to or from school sessions or school events; | 56620 |
| (3) The transportation of farm supplies to the farm or farm | 56621 |
| products from farm to market or to food fabricating plants; | 56622 |
| (4) The distribution of newspapers; | 56623 |
| (5) The transportation of crude petroleum incidental to | 56624 |
| gathering from wells and delivery to destination by pipe line; | 56625 |
| (6) The transportation of injured, ill, or deceased persons | 56626 |
| by hearse or ambulance; | 56627 |
| (7) The transportation of compost (a combination of manure | 56628 |
| and sand or shredded bark mulch) or shredded bark mulch; | 56629 |
| (8) The transportation of persons in a ridesharing | 56630 |
| arrangement when any fee charged each person so transported is in | 56631 |
| such amount as to recover only the person's share of the costs of | 56632 |
| operating the motor vehicle for such purpose. | 56633 |
| "For-hire motor carrier" includes the carrier's agents, | 56634 |
| officers, and representatives, as well as employees responsible | 56635 |
| for hiring, supervising, training, assigning, or dispatching | 56636 |
| drivers and employees concerned with the installation, inspection, | 56637 |
| and maintenance of motor-vehicle equipment and accessories. | 56638 |
| Divisions (B)(1) to (8) of this section shall not be | 56639 |
| construed to relieve a person from compliance with rules adopted | 56640 |
| under division (A)(2) of section 4923.04 of the Revised Code, | 56641 |
| division (E) of section 4923.06 of the Revised Code, division (B) | 56642 |
| of section 4923.07 of the Revised Code, and section 4923.11 of the | 56643 |
| Revised Code, or from compliance with rules regarding commercial | 56644 |
| driver's licenses adopted under division (A)(1) of section 4923.04 | 56645 |
| of the Revised Code. | 56646 |
| (C) "Motor carrier" means both a for-hire motor carrier and a | 56647 |
| private motor carrier. | 56648 |
| (D) "Private motor carrier" means a person who is not a | 56649 |
| for-hire motor carrier but is engaged in the business of | 56650 |
| transporting persons or property by motor vehicle, except as | 56651 |
| provided in section 4923.02 of the Revised Code. "Private motor | 56652 |
| carrier" includes the carrier's agents, officers, and | 56653 |
| representatives, as well as employees responsible for hiring, | 56654 |
| supervising, training, assigning, or dispatching drivers and | 56655 |
| employees concerned with the installation, inspection, and | 56656 |
| maintenance of motor-vehicle equipment and accessories. | 56657 |
| Sec. 4923.02. (A) As used in this chapter, "private motor | 56658 |
| carrier" does not include a person when engaged in any of the | 56659 |
| following in intrastate commerce: | 56660 |
| (1) The transportation of persons in taxicabs in the usual | 56661 |
| taxicab service; | 56662 |
| (2) The transportation of pupils in school busses operating | 56663 |
| to or from school sessions or school events; | 56664 |
| (3) The transportation of farm supplies to the farm or farm | 56665 |
| products from farm to market or to food fabricating plants; | 56666 |
| (4) The distribution of newspapers; | 56667 |
| (5) The transportation of crude petroleum incidental to | 56668 |
| gathering from wells and delivery to destination by pipe line; | 56669 |
| (6) The transportation of injured, ill, or deceased persons | 56670 |
| by hearse or ambulance; | 56671 |
| (7) The transportation of compost (a combination of manure | 56672 |
| and sand or shredded bark mulch) or shredded bark mulch; | 56673 |
| (8) The transportation of persons in a ridesharing | 56674 |
| arrangement when any fee charged each person so transported is in | 56675 |
| such amount as to recover only the person's share of the costs of | 56676 |
| operating the motor vehicle for such purpose; | 56677 |
| (9) The operation of motor vehicles for contractors on public | 56678 |
| road work; | 56679 |
| (10) The towing of disabled or wrecked motor vehicles. | 56680 |
| (B) The public utilities commission may grant a motor carrier | 56681 |
| operating in intrastate commerce a temporary exemption from some | 56682 |
| or all of the provisions of this chapter and the rules adopted | 56683 |
| under it, when either of the following applies: | 56684 |
| (1) The governor of this state has declared an emergency. | 56685 |
| (2) The chairperson of the commission or the chairperson's | 56686 |
| designee has declared a transportation-specific emergency. | 56687 |
| (C) The commission may adopt rules not incompatible with the | 56688 |
| requirements of the United States department of transportation to | 56689 |
| provide exemptions to motor carriers operating in intrastate | 56690 |
| commerce not otherwise identified in divisions (A) and (B) of this | 56691 |
| section. | 56692 |
| (D) Divisions (A) to (C) of this section shall not be | 56693 |
| construed to relieve a person from compliance with either of the | 56694 |
| following: | 56695 |
| (1) Rules adopted under division (A)(2) of section 4923.04 of | 56696 |
| the Revised Code, division (E) of section 4923.06 of the Revised | 56697 |
| Code, division (B) of section 4923.07 of the Revised Code, and | 56698 |
| section 4923.11 of the Revised Code; | 56699 |
| (2) Rules regarding commercial driver's licenses adopted | 56700 |
| under division (A)(1) of section 4923.04 of the Revised Code. | 56701 |
| Sec. 4923.04. (A)(1) The public utilities commission shall | 56702 |
| adopt rules applicable to the transportation of persons or | 56703 |
| property by motor carriers operating in interstate and intrastate | 56704 |
| commerce. | 56705 |
| (2) The commission shall adopt rules applicable to the | 56706 |
| highway transportation and offering for transportation of | 56707 |
| hazardous materials by motor carriers, and persons engaging in the | 56708 |
| highway transportation and offering for transportation of | 56709 |
| hazardous materials, operating in interstate or intrastate | 56710 |
| commerce. | 56711 |
| (B) The rules adopted under division (A) of this section | 56712 |
| shall not be incompatible with the requirements of the United | 56713 |
| States department of transportation. | 56714 |
| (C) To achieve the purposes of this chapter and to assist the | 56715 |
| commission in the performance of any of its powers or duties, the | 56716 |
| commission, either through the public utilities commissioners or | 56717 |
| employees authorized by it, may do either or both of the | 56718 |
| following: | 56719 |
| (1) Apply for, and any judge of a court of record of | 56720 |
| competent jurisdiction may issue, an appropriate search warrant; | 56721 |
| (2) Examine under oath, at the offices of the commission, any | 56722 |
| officer, agent, or employee of any person subject to this chapter. | 56723 |
| The commission, by subpoena, also may compel the attendance of a | 56724 |
| witness for the purpose of the examination and, by subpoena duces | 56725 |
| tecum, may compel the production of all books, contracts, records, | 56726 |
| and documents that relate to the transportation and offering for | 56727 |
| transportation of hazardous materials. | 56728 |
| Sec. 4923.06. (A) The public utilities commission may, | 56729 |
| through the commission's inspectors or other authorized employees, | 56730 |
| enter in or upon any motor vehicle of any motor carrier, or any | 56731 |
| person engaging in the transportation of hazardous material or | 56732 |
| hazardous waste, to inspect the motor vehicle or driver subject to | 56733 |
| rules adopted under section 4923.04 of the Revised Code. | 56734 |
| (B) In order to assist the commission in performing its | 56735 |
| duties under this section, authorized employees of the state | 56736 |
| highway patrol of the department of public safety may conduct | 56737 |
| inspections of motor vehicles and drivers. | 56738 |
| (C) Inspectors and employees authorized to conduct | 56739 |
| inspections under divisions (A) and (B) of this section may, under | 56740 |
| the direction of the commission, stop motor vehicles to inspect | 56741 |
| those vehicles and drivers to enforce compliance with rules | 56742 |
| adopted under section 4923.04 of the Revised Code. | 56743 |
| (D) Inspectors and employees authorized to conduct | 56744 |
| inspections under divisions (A) and (B) of this section shall | 56745 |
| conduct inspections consistent with the North American standard | 56746 |
| inspection procedure of the commercial vehicle safety alliance and | 56747 |
| the standards of the United States department of transportation. | 56748 |
| The inspectors and employees may declare drivers and motor | 56749 |
| vehicles out-of-service consistent with this procedure and these | 56750 |
| standards. | 56751 |
| (E) The commission may adopt rules to carry out this section | 56752 |
| that are not incompatible with the requirements of the United | 56753 |
| States department of transportation. | 56754 |
| Sec. 4923.07. (A) The public utilities commission may, | 56755 |
| through the commission's inspectors or other authorized employees, | 56756 |
| enter in or upon the premises and motor vehicles of any motor | 56757 |
| carrier, or any person engaging in the transportation of hazardous | 56758 |
| material or hazardous waste, to examine any records, documents, or | 56759 |
| property for the purpose of assessing the safety, performance, and | 56760 |
| management controls associated with the carrier or person. | 56761 |
| (B) The commission may adopt rules to carry out this section | 56762 |
| that are not incompatible with the requirements of the United | 56763 |
| States department of transportation. | 56764 |
| Sec. 4923.09. The public utilities commission shall cooperate | 56765 |
| with and permit the use of the services, records, and facilities | 56766 |
| of the commission as fully as practicable by appropriate officers | 56767 |
| of the United States department of transportation, other federal | 56768 |
| agencies or commissions, and appropriate commissions of other | 56769 |
| states in the enforcement and administration of state and federal | 56770 |
| laws relating to highway transportation by motor vehicles. The | 56771 |
| commission may enter into cooperative agreements with the United | 56772 |
| States department of transportation and any other federal agency | 56773 |
| or commission to enforce the safety laws and rules of this state | 56774 |
| and of the United States concerning highway transportation by | 56775 |
| motor vehicles. All grants-in-aid, cash, and reimbursements | 56776 |
| received by the commission pursuant to those cooperative | 56777 |
| agreements shall be deposited to the credit of the motor carrier | 56778 |
| safety fund created under section 4921.21 of the Revised Code. | 56779 |
| Sec. 4923.11. The public utilities commission may adopt rules | 56780 |
| applicable to the highway routing of hazardous materials into, | 56781 |
| through, or within this state. Rules adopted under this section | 56782 |
| shall not be incompatible with requirements of the United States | 56783 |
| department of transportation. | 56784 |
| Sec. 4923.15. Proceedings of the public utilities commission | 56785 |
| for the assessment of forfeitures for violations of Chapters 4921. | 56786 |
| and 4923. of the Revised Code are subject to and governed by | 56787 |
| section 4923.99 of the Revised Code. In all other respects in | 56788 |
| which the commission has power and authority under Chapters 4921. | 56789 |
| and 4923. of the Revised Code, applications and complaints may be | 56790 |
| made and filed with the commission, processes may be issued, | 56791 |
| hearings may be held, opinions, orders, and decisions may be made | 56792 |
| and filed, petitions for rehearing may be filed and acted upon, | 56793 |
| and all proceedings before the supreme court of this state may be | 56794 |
| considered and disposed of by that court in the manner, under the | 56795 |
| conditions, subject to the limitations, and with the effect | 56796 |
| specified in the sections of the Revised Code governing the | 56797 |
| supervision of public utilities by the commission. | 56798 |
| Sec. 4923.99. (A)(1) Whoever violates Chapter 4921. or 4923. | 56799 |
| of the Revised Code is liable to the state for a forfeiture of not | 56800 |
| more than twenty-five thousand dollars for each day of each | 56801 |
| violation. The public utilities commission, after providing | 56802 |
| reasonable notice and the opportunity for a hearing in accordance | 56803 |
| with the procedural rules adopted under section 4901.13 of the | 56804 |
| Revised Code, shall assess, by order, a forfeiture upon a person | 56805 |
| whom the commission determines, by a preponderance of the | 56806 |
| evidence, committed the violation. In determining the amount of | 56807 |
| the forfeiture for a violation discovered during a driver or | 56808 |
| motor-vehicle inspection under section 4923.06 of the Revised | 56809 |
| Code, the commission shall, to the extent practicable, not act in | 56810 |
| a manner incompatible with the requirements of the United States | 56811 |
| department of transportation, and, to the extent practicable, | 56812 |
| shall utilize a system comparable to the recommended civil-penalty | 56813 |
| procedure adopted by the commercial vehicle safety alliance. In | 56814 |
| determining the amount of the forfeiture for a violation | 56815 |
| discovered during a compliance review of a motor carrier under | 56816 |
| section 4923.07 of the Revised Code, the commission shall, to the | 56817 |
| extent practicable, not act in a manner incompatible with the | 56818 |
| civil-penalty guidelines of the United States department of | 56819 |
| transportation. | 56820 |
| The attorney general, upon the written request of the | 56821 |
| commission, shall bring a civil action in the court of common | 56822 |
| pleas of Franklin county to collect a forfeiture assessed under | 56823 |
| this section. The commission shall account for the forfeitures | 56824 |
| collected under this section and pay them to the treasurer of | 56825 |
| state under section 4921.21 of the Revised Code. | 56826 |
| (2) The attorney general, upon the written request of the | 56827 |
| commission, shall bring an action for injunctive relief in the | 56828 |
| court of common pleas of Franklin county against any person who | 56829 |
| has violated or is violating any order issued by the commission to | 56830 |
| secure compliance with any provision of Chapter 4921. or 4923. of | 56831 |
| the Revised Code. The court of common pleas of Franklin county has | 56832 |
| jurisdiction to and may grant preliminary and permanent injunctive | 56833 |
| relief upon a showing that the person against whom the action is | 56834 |
| brought has violated or is violating any such order. The court | 56835 |
| shall give precedence to such an action over all other cases. | 56836 |
| (B) The amount of any forfeiture may be compromised at any | 56837 |
| time prior to collection of the forfeiture. The commission shall | 56838 |
| adopt rules governing the manner in which the amount of a | 56839 |
| forfeiture may be established by agreement prior to the hearing on | 56840 |
| the forfeiture before the commission. | 56841 |
| (C) The proceedings of the commission specified in division | 56842 |
| (A) of this section are subject to and governed by Chapter 4903. | 56843 |
| of the Revised Code, except as otherwise specifically provided in | 56844 |
| this section. The court of appeals of Franklin county has | 56845 |
| exclusive, original jurisdiction to review, modify, or vacate an | 56846 |
| order of the commission issued to secure compliance with any | 56847 |
| provision of Chapter 4921. or 4923. of the Revised Code. The court | 56848 |
| of appeals shall hear and determine those appeals in the same | 56849 |
| manner, and under the same standards, as the supreme court hears | 56850 |
| and determines appeals under Chapter 4903. of the Revised Code. | 56851 |
| The judgment of the court of appeals is final and conclusive | 56852 |
| unless reversed, vacated, or modified on appeal. Such appeals may | 56853 |
| be taken either by the commission or the person to whom the | 56854 |
| compliance order or forfeiture assessment was issued and shall | 56855 |
| proceed as in the case of appeals in civil actions as provided in | 56856 |
| the rules of appellate procedure and Chapter 2505. of the Revised | 56857 |
| Code. | 56858 |
| (D) Section 4903.11 of the Revised Code does not apply to an | 56859 |
| appeal of an order issued to secure compliance with Chapter 4921. | 56860 |
| or 4923. of the Revised Code or an order issued under division | 56861 |
| (A)(1) of this section assessing a forfeiture. Any person to whom | 56862 |
| any such order is issued who wishes to contest a compliance order, | 56863 |
| the fact of the violation, or the amount of the forfeiture shall | 56864 |
| file a notice of appeal, setting forth the order appealed from and | 56865 |
| the errors complained of, within sixty days after the entry of the | 56866 |
| order upon the journal of the commission. The notice of appeal | 56867 |
| shall be served, unless waived, upon the chairperson of the | 56868 |
| commission or, in the event of the chairperson's absence, upon any | 56869 |
| public utilities commissioner, or by leaving a copy at the office | 56870 |
| of the commission at Columbus. An order issued by the commission | 56871 |
| to secure compliance with Chapter 4921. or 4923. of the Revised | 56872 |
| Code or an order issued under division (A)(1) of this section | 56873 |
| assessing a forfeiture shall be reversed, vacated, or modified on | 56874 |
| appeal if, upon consideration of the record, the court is of the | 56875 |
| opinion that the order was unlawful or unreasonable. | 56876 |
| (E) Only for such violations that constitute violations of | 56877 |
| the "Hazardous Materials Transportation Uniform Safety Act of | 56878 |
| 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or | 56879 |
| regulations adopted under the act, the commission, in determining | 56880 |
| liability, shall use the same standard of culpability for civil | 56881 |
| forfeitures under this section as that set forth for civil | 56882 |
| penalties under section 12 of the "Hazardous Materials | 56883 |
| Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49 | 56884 |
| U.S.C.A. App. 1809. The commission shall consider the assessment | 56885 |
| considerations for civil penalties specified in regulations | 56886 |
| adopted under the "Hazardous Materials Transportation Act," 88 | 56887 |
| Stat. 2156 (1975), 49 U.S.C. 1801. | 56888 |
| Sec. 4927.01. (A) As used in this chapter: | 56889 |
| (1) "Basic local exchange service" means residential-end-user | 56890 |
| access to and usage of telephone-company-provided services over a | 56891 |
| single line or small-business-end-user access to and usage of | 56892 |
| telephone-company-provided services over the primary access line | 56893 |
| of service, which in the case of residential and small-business | 56894 |
| access and usage is not part of a bundle or package of services, | 56895 |
| that does both of the following: | 56896 |
| (a) Enables a customer to originate or receive voice | 56897 |
| communications within a local service area as that area exists on | 56898 |
| September 13, 2010, the effective date of the amendment of this | 56899 |
| section by S.B. 162 of the 128th general assembly; | 56900 |
| (b) Consists of all of the following services: | 56901 |
| (i) Local dial tone service; | 56902 |
| (ii) For residential end users, flat-rate telephone exchange | 56903 |
| service; | 56904 |
| (iii) Touch tone dialing service; | 56905 |
| (iv) Access to and usage of 9-1-1 services, where such | 56906 |
| services are available; | 56907 |
| (v) Access to operator services and directory assistance; | 56908 |
| (vi) Provision of a telephone directory in any reasonable | 56909 |
| format for no additional charge and a listing in that directory, | 56910 |
| with reasonable accommodations made for private listings; | 56911 |
| (vii) Per call, caller identification blocking services; | 56912 |
| (viii) Access to telecommunications relay service; and | 56913 |
| (ix) Access to toll presubscription, interexchange or toll | 56914 |
| providers or both, and networks of other telephone companies. | 56915 |
| (2) "Bundle or package of services" means one or more | 56916 |
| telecommunications services or other services offered together as | 56917 |
| one service option at a single price. | 56918 |
| (3) "Carrier access" means access to and usage of telephone | 56919 |
| company-provided facilities that enable end user customers | 56920 |
| originating or receiving voice grade, data, or image | 56921 |
| communications, over a local exchange telephone company network | 56922 |
| operated within a local service area, to access interexchange or | 56923 |
| other networks and includes special access. | 56924 |
| (4) "Federal poverty level" means the income level | 56925 |
| represented by the poverty guidelines as revised annually by the | 56926 |
| United States department of health and human services in | 56927 |
| accordance with section 673(2) of the "Omnibus Reconciliation Act | 56928 |
| of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family | 56929 |
| size equal to the size of the family of the person whose income is | 56930 |
| being determined. | 56931 |
| (5) "Incumbent local exchange carrier" means, with respect to | 56932 |
| an area, the local exchange carrier that: | 56933 |
| (a) On February 8, 1996, provided telephone exchange service | 56934 |
| in such area; and | 56935 |
| (b)(i) On February 8, 1996, was deemed to be a member of the | 56936 |
| exchange carrier association pursuant to 47 C.F.R. 69.601(b); or | 56937 |
| (ii) Is a person or entity that, on or after February 8, | 56938 |
| 1996, became a successor or assign of a member described in | 56939 |
| division (A)(5)(b)(i) of this section. | 56940 |
| (6) "Internet protocol-enabled services" means any services, | 56941 |
| capabilities, functionalities, or applications that are provided | 56942 |
| using internet protocol or a successor protocol to enable an end | 56943 |
| user to send or receive communications in internet protocol format | 56944 |
| or a successor format, regardless of how any particular such | 56945 |
| service is classified by the federal communications commission, | 56946 |
| and includes voice over internet protocol service. | 56947 |
| (7) "Local exchange carrier" means any person engaged in the | 56948 |
| provision of telephone exchange service, or the offering of access | 56949 |
| to telephone exchange service or facilities for the purpose of | 56950 |
| originating or terminating telephone toll service. | 56951 |
| (8) "Local service area" means the geographic area that may | 56952 |
| encompass more than one exchange area and within which a telephone | 56953 |
| customer, by paying the rate for basic local exchange service, may | 56954 |
| complete calls to other telephone customers without being assessed | 56955 |
| long distance toll charges. | 56956 |
| (9) "Small business" means a nonresidential service customer | 56957 |
| with three or fewer service access lines. | 56958 |
| (10) "Telecommunications" means the transmission, between or | 56959 |
| among points specified by the user, of information of the user's | 56960 |
| choosing, without change in the form or content of the information | 56961 |
| as sent and received. | 56962 |
| (11) "Telecommunications carrier" has the same meaning as in | 56963 |
| the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153. | 56964 |
| (12) "Telecommunications service" means the offering of | 56965 |
| telecommunications for a fee directly to the public, or to such | 56966 |
| classes of users as to be effectively available directly to the | 56967 |
| public, regardless of the facilities used. | 56968 |
| (13) "Telephone company" means a company described in | 56969 |
|
division (A) | 56970 |
| public utility under section 4905.02 of the Revised Code. | 56971 |
| (14) "Telephone exchange service" means telecommunications | 56972 |
| service that is within a telephone exchange, or within a connected | 56973 |
| system of telephone exchanges within the same exchange area | 56974 |
| operated to furnish to subscribers intercommunicating service of | 56975 |
| the character ordinarily furnished by a single exchange, and that | 56976 |
| is covered by the exchange service charge; or comparable service | 56977 |
| provided through a system of switches, transmission equipment, or | 56978 |
| other facilities, or combination thereof, by which a customer can | 56979 |
| originate and terminate a telecommunications service. | 56980 |
| (15) "Telephone toll service" means telephone service between | 56981 |
| stations in different exchange areas for which there is made a | 56982 |
| separate charge not included in contracts with customers for | 56983 |
| exchange service. | 56984 |
| (16) "Voice over internet protocol service" means a service | 56985 |
| that uses a broadband connection from an end user's location and | 56986 |
| enables real-time, two-way, voice communications that originate or | 56987 |
| terminate from the user's location using internet protocol or a | 56988 |
| successor protocol, including, but not limited to, any such | 56989 |
| service that permits an end user to receive calls from and | 56990 |
| terminate calls to the public switched network. | 56991 |
| (17) "Wireless service" means federally licensed commercial | 56992 |
| mobile service as defined in the "Telecommunications Act of 1996," | 56993 |
| 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as | 56994 |
| commercial mobile radio service in 47 C.F.R. 20.3. Under division | 56995 |
| (A)(17) of this section, commercial mobile radio service is | 56996 |
| specifically limited to mobile telephone, mobile cellular | 56997 |
| telephone, paging, personal communications services, and | 56998 |
| specialized mobile radio service provided by a common carrier in | 56999 |
| this state and excludes fixed wireless service. | 57000 |
| (18) "Wireless service provider" means a facilities-based | 57001 |
| provider of wireless service to one or more end users in this | 57002 |
| state. | 57003 |
| (B) The definitions of this section shall be applied | 57004 |
| consistent with the definitions in the "Telecommunications Act of | 57005 |
| 1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with | 57006 |
| federal decisions interpreting those definitions. | 57007 |
| Sec. 4928.23. As used in sections 4928.23 to 4928.2318 of the | 57008 |
| Revised Code: | 57009 |
| (A) "Ancillary agreement" means any bond insurance policy, | 57010 |
| letter of credit, reserve account, surety bond, swap arrangement, | 57011 |
| hedging arrangement, liquidity or credit support arrangement, or | 57012 |
| other similar agreement or arrangement entered into in connection | 57013 |
| with the issuance of phase-in-recovery bonds that is designed to | 57014 |
| promote the credit quality and marketability of the bonds or to | 57015 |
| mitigate the risk of an increase in interest rates. | 57016 |
| (B) "Assignee" means any person or entity to which an | 57017 |
| interest in phase-in-recovery property is sold, assigned, | 57018 |
| transferred, or conveyed, other than as security, and any | 57019 |
| successor to or subsequent assignee of such a person or entity. | 57020 |
| (C) "Bond" includes debentures, notes, certificates of | 57021 |
| participation, certificates of beneficial interest, certificates | 57022 |
| of ownership or other evidences of indebtedness or ownership that | 57023 |
| are issued by an electric distribution utility or an assignee | 57024 |
| under a final financing order, the proceeds of which are used | 57025 |
| directly or indirectly to recover, finance, or refinance phase-in | 57026 |
| costs and financing costs, and that are secured by or payable from | 57027 |
| revenues from phase-in-recovery charges. | 57028 |
| (D) "Bondholder" means any holder or owner of a | 57029 |
| phase-in-recovery bond. | 57030 |
| (E) "Financing costs" means any of the following: | 57031 |
| (1) Principal, interest, and redemption premiums that are | 57032 |
| payable on phase-in-recovery bonds; | 57033 |
| (2) Any payment required under an ancillary agreement; | 57034 |
| (3) Any amount required to fund or replenish a reserve | 57035 |
| account or another account established under any indenture, | 57036 |
| ancillary agreement, or other financing document relating to | 57037 |
| phase-in-recovery bonds; | 57038 |
| (4) Any costs of retiring or refunding any existing debt and | 57039 |
| equity securities of an electric distribution utility in | 57040 |
| connection with either the issuance of, or the use of proceeds | 57041 |
| from, phase-in-recovery bonds; | 57042 |
| (5) Any costs incurred by an electric distribution utility to | 57043 |
| obtain modifications of or amendments to any indenture, financing | 57044 |
| agreement, security agreement, or similar agreement or instrument | 57045 |
| relating to any existing secured or unsecured obligation of the | 57046 |
| electric distribution utility in connection with the issuance of | 57047 |
| phase-in-recovery bonds; | 57048 |
| (6) Any costs incurred by an electric distribution utility to | 57049 |
| obtain any consent, release, waiver, or approval from any holder | 57050 |
| of an obligation described in division (E)(5) of this section that | 57051 |
| are necessary to be incurred for the electric distribution utility | 57052 |
| to issue or cause the issuance of phase-in-recovery bonds; | 57053 |
| (7) Any taxes, franchise fees, or license fees imposed on | 57054 |
| phase-in-recovery revenues; | 57055 |
| (8) Any costs related to issuing or servicing | 57056 |
| phase-in-recovery bonds or related to obtaining a financing order, | 57057 |
| including servicing fees and expenses, trustee fees and expenses, | 57058 |
| legal, accounting, or other professional fees and expenses, | 57059 |
| administrative fees, placement fees, underwriting fees, | 57060 |
| capitalized interest and equity, and rating-agency fees; | 57061 |
| (9) Any other similar costs that the public utilities | 57062 |
| commission finds appropriate. | 57063 |
| (F) "Financing order" means an order issued by the public | 57064 |
| utilities commission under section 4928.232 of the Revised Code | 57065 |
| that authorizes an electric distribution utility or an assignee to | 57066 |
| issue phase-in-recovery bonds and recover phase-in-recovery | 57067 |
| charges. | 57068 |
| (G) "Final financing order" means a financing order that has | 57069 |
| become final and has taken effect as provided in section 4928.233 | 57070 |
| of the Revised Code. | 57071 |
| (H) "Financing party" means either of the following: | 57072 |
| (1) Any trustee, collateral agent, or other person acting for | 57073 |
| the benefit of any bondholder; | 57074 |
| (2) Any party to an ancillary agreement, the rights and | 57075 |
| obligations of which relate to or depend upon the existence of | 57076 |
| phase-in-recovery property, the enforcement and priority of a | 57077 |
| security interest in phase-in-recovery property, the timely | 57078 |
| collection and payment of phase-in-recovery revenues, or a | 57079 |
| combination of these factors. | 57080 |
| (I) "Financing statement" has the same meaning as in section | 57081 |
| 1309.102 of the Revised Code. | 57082 |
| (J) "Phase-in costs" means costs, inclusive of carrying | 57083 |
|
charges incurred before, on, or after | 57084 |
| 57085 | |
|
or after | 57086 |
| securitized or deferred as regulatory assets in proceedings under | 57087 |
| section 4909.18 of the Revised Code, sections 4928.141 to | 57088 |
| 4928.143, or 4928.144 of the Revised Code, or section 4928.14 of | 57089 |
| the Revised Code as it existed prior to July 31, 2008, pursuant to | 57090 |
| a final order for which appeals have been exhausted. "Phase-in | 57091 |
| costs" excludes the following: | 57092 |
| (1) With respect to any electric generating facility that, on | 57093 |
|
and after | 57094 |
| owned, in whole or in part, by an electric distribution utility | 57095 |
| applying for a financing order under section 4928.231 of the | 57096 |
| Revised Code, costs that are authorized under division (B)(2)(b) | 57097 |
| or (c) of section 4928.143 of the Revised Code; | 57098 |
| (2) Costs incurred after | 57099 |
| March 22, 2012, related to the ongoing operation of an electric | 57100 |
| generating facility, but not environmental clean-up or remediation | 57101 |
| costs incurred by an electric distribution utility because of its | 57102 |
| ownership or operation of an electric generating facility prior to | 57103 |
| 57104 | |
| clean-up or remediation costs are imposed or incurred pursuant to | 57105 |
| federal or state law, rules, or regulations and for which the | 57106 |
| commission approves recovery in accordance with section 4909.18 of | 57107 |
| the Revised Code, sections 4928.141 to 4928.143, or 4928.144 of | 57108 |
| the Revised Code, or section 4928.14 of the Revised Code as it | 57109 |
| existed prior to July 31, 2008. | 57110 |
| (K) "Phase-in-recovery property" means the property, rights, | 57111 |
| and interests of an electric distribution utility or an assignee | 57112 |
| under a final financing order, including the right to impose, | 57113 |
| charge, and collect the phase-in-recovery charges that shall be | 57114 |
| used to pay and secure the payment of phase-in-recovery bonds and | 57115 |
| financing costs, and including the right to obtain adjustments to | 57116 |
| those charges, and any revenues, receipts, collections, rights to | 57117 |
| payment, payments, moneys, claims, or other proceeds arising from | 57118 |
| the rights and interests created under the final financing order. | 57119 |
| "Phase-in-recovery property" does not include tangible personal | 57120 |
| property constituting the generation, transmission, or | 57121 |
| distribution property of an electric distribution utility or an | 57122 |
| assignee thereof. | 57123 |
| (L) "Phase-in-recovery revenues" means all revenues, | 57124 |
| receipts, collections, payments, moneys, claims, or other proceeds | 57125 |
| arising from phase-in-recovery property. | 57126 |
| (M) "Successor" means, with respect to any entity, another | 57127 |
| entity that succeeds by operation of law to the rights and | 57128 |
| obligations of the first legal entity pursuant to any bankruptcy, | 57129 |
| reorganization, restructuring, or other insolvency proceeding, any | 57130 |
| merger, acquisition, or consolidation, or any sale or transfer of | 57131 |
| assets, regardless of whether any of these occur as a result of a | 57132 |
| restructuring of the electric power industry or otherwise. | 57133 |
| Sec. 4928.2314. (A) The transfer and ownership of | 57134 |
| phase-in-recovery property and the imposition, charging, | 57135 |
| collection, and receipt of phase-in-recovery revenues under | 57136 |
| sections 4928.231 to 4928.2317 of the Revised Code are exempt from | 57137 |
| all taxes and similar charges imposed by the state or any county, | 57138 |
| municipal corporation, school district, local authority, or other | 57139 |
| subdivision. | 57140 |
| (B) Phase-in-recovery bonds issued under a final financing | 57141 |
| order shall not constitute a debt or a pledge of the faith and | 57142 |
| credit or taxing power of this state or of any county, municipal | 57143 |
| corporation, or any other political subdivision of this state. | 57144 |
| Bondholders shall have no right to have taxes levied by this state | 57145 |
| or the taxing authority of any county, municipal corporation, or | 57146 |
| any other political subdivision of this state for the payment of | 57147 |
| the principal of or interest on the bonds. The issuance of | 57148 |
| phase-in-recovery bonds does not, directly, indirectly, or | 57149 |
| contingently, obligate this state or any county, municipal | 57150 |
| corporation, or political subdivision of this state to levy any | 57151 |
| tax or make any appropriation for payment of the principal of or | 57152 |
| interest on the bonds. | 57153 |
| (C) Nothing in this section prohibits the levy of the tax | 57154 |
| imposed under Chapter 5751. of the Revised Code. | 57155 |
| Sec. 4929.01. As used in this chapter: | 57156 |
| (A) "Alternative rate plan" means a method, alternate to the | 57157 |
| method of section 4909.15 of the Revised Code, for establishing | 57158 |
| rates and charges, under which rates and charges may be | 57159 |
| established for a commodity sales service or ancillary service | 57160 |
| that is not exempt pursuant to section 4929.04 of the Revised Code | 57161 |
| or for a distribution service. Alternative rate plans may include, | 57162 |
| but are not limited to, methods that provide adequate and reliable | 57163 |
| natural gas services and goods in this state; minimize the costs | 57164 |
| and time expended in the regulatory process; tend to assess the | 57165 |
| costs of any natural gas service or goods to the entity, service, | 57166 |
| or goods that cause such costs to be incurred; afford rate | 57167 |
| stability; promote and reward efficiency, quality of service, or | 57168 |
| cost containment by a natural gas company; provide sufficient | 57169 |
| flexibility and incentives to the natural gas industry to achieve | 57170 |
| high quality, technologically advanced, and readily available | 57171 |
| natural gas services and goods at just and reasonable rates and | 57172 |
| charges; or establish revenue decoupling mechanisms. Alternative | 57173 |
| rate plans also may include, but are not limited to, automatic | 57174 |
| adjustments based on a specified index or changes in a specified | 57175 |
| cost or costs. | 57176 |
| (B) "Ancillary service" means a service that is ancillary to | 57177 |
| the receipt or delivery of natural gas to consumers, including, | 57178 |
| but not limited to, storage, pooling, balancing, and transmission. | 57179 |
| (C) "Commodity sales service" means the sale of natural gas | 57180 |
| to consumers, exclusive of any distribution or ancillary service. | 57181 |
| (D) "Comparable service" means any regulated service or goods | 57182 |
| whose availability, quality, price, terms, and conditions are the | 57183 |
| same as or better than those of the services or goods that the | 57184 |
| natural gas company provides to a person with which it is | 57185 |
| affiliated or which it controls, or, as to any consumer, that the | 57186 |
| natural gas company offers to that consumer as part of a bundled | 57187 |
| service that includes both regulated and exempt services or goods. | 57188 |
| (E) "Consumer" means any person or association of persons | 57189 |
| purchasing, delivering, storing, or transporting, or seeking to | 57190 |
| purchase, deliver, store, or transport, natural gas, including | 57191 |
| industrial consumers, commercial consumers, and residential | 57192 |
| consumers, but not including natural gas companies. | 57193 |
| (F) "Distribution service" means the delivery of natural gas | 57194 |
| to a consumer at the consumer's facilities, by and through the | 57195 |
| instrumentalities and facilities of a natural gas company, | 57196 |
| regardless of the party having title to the natural gas. | 57197 |
| (G) "Natural gas company" means a natural gas company, as | 57198 |
| defined in section 4905.03 of the Revised Code, that is a public | 57199 |
| utility as defined in section 4905.02 of the Revised Code and | 57200 |
| excludes a retail natural gas supplier. | 57201 |
| (H) "Person," except as provided in division (N) of this | 57202 |
| section, has the same meaning as in section 1.59 of the Revised | 57203 |
| Code, and includes this state and any political subdivision, | 57204 |
| agency, or other instrumentality of this state and includes the | 57205 |
| United States and any agency or other instrumentality of the | 57206 |
| United States. | 57207 |
| (I) "Billing or collection agent" means a fully independent | 57208 |
| agent, not affiliated with or otherwise controlled by a retail | 57209 |
| natural gas supplier or governmental aggregator subject to | 57210 |
| certification under section 4929.20 of the Revised Code, to the | 57211 |
| extent that the agent is under contract with such supplier or | 57212 |
| aggregator solely to provide billing and collection for | 57213 |
| competitive retail natural gas service on behalf of the supplier | 57214 |
| or aggregator. | 57215 |
| (J) "Competitive retail natural gas service" means any retail | 57216 |
| natural gas service that may be competitively offered to consumers | 57217 |
| in this state as a result of revised schedules approved under | 57218 |
| division (C) of section 4929.29 of the Revised Code, a rule or | 57219 |
| order adopted or issued by the public utilities commission under | 57220 |
| Chapter 4905. of the Revised Code, or an exemption granted by the | 57221 |
| commission under sections 4929.04 to 4929.08 of the Revised Code. | 57222 |
| (K) "Governmental aggregator" means either of the following: | 57223 |
| (1) A legislative authority of a municipal corporation, a | 57224 |
| board of township trustees, or a board of county commissioners | 57225 |
| acting exclusively under section 4929.26 or 4929.27 of the Revised | 57226 |
| Code as an aggregator for the provision of competitive retail | 57227 |
| natural gas service; | 57228 |
| (2) A municipal corporation acting exclusively under Section | 57229 |
| 4 of Article XVIII, Ohio Constitution, as an aggregator for the | 57230 |
| provision of competitive retail natural gas service. | 57231 |
| (L)(1) "Mercantile customer" means a customer that consumes, | 57232 |
| other than for residential use, more than five hundred thousand | 57233 |
| cubic feet of natural gas per year at a single location within | 57234 |
| this state or consumes natural gas, other than for residential | 57235 |
| use, as part of an undertaking having more than three locations | 57236 |
| within or outside of this state. "Mercantile customer" excludes a | 57237 |
| customer for which a declaration under division (L)(2) of this | 57238 |
| section is in effect pursuant to that division. | 57239 |
| (2) A not-for-profit customer that consumes, other than for | 57240 |
| residential use, more than five hundred thousand cubic feet of | 57241 |
| natural gas per year at a single location within this state or | 57242 |
| consumes natural gas, other than for residential use, as part of | 57243 |
| an undertaking having more than three locations within or outside | 57244 |
| this state may file a declaration under division (L)(2) of this | 57245 |
| section with the public utilities commission. The declaration | 57246 |
| shall take effect upon the date of filing, and by virtue of the | 57247 |
| declaration, the customer is not a mercantile customer for the | 57248 |
| purposes of this section and sections 4929.20 to 4929.29 of the | 57249 |
| Revised Code or the purposes of a governmental natural gas | 57250 |
| aggregation or arrangement or other contract entered into after | 57251 |
| the declaration's effective date for the supply or arranging of | 57252 |
| the supply of natural gas to the customer to a location within | 57253 |
| this state. The customer may file a rescission of the declaration | 57254 |
| with the commission at any time. The rescission shall not affect | 57255 |
| any governmental natural gas aggregation or arrangement or other | 57256 |
| contract entered into by the customer prior to the date of the | 57257 |
| filing of the rescission and shall have effect only with respect | 57258 |
| to any subsequent such aggregation or arrangement or other | 57259 |
| contract. The commission shall prescribe rules under section | 57260 |
| 4929.10 of the Revised Code specifying the form of the declaration | 57261 |
| or a rescission and procedures by which a declaration or | 57262 |
| rescission may be filed. | 57263 |
| (M) "Retail natural gas service" means commodity sales | 57264 |
| service, ancillary service, natural gas aggregation service, | 57265 |
| natural gas marketing service, or natural gas brokerage service. | 57266 |
| (N) "Retail natural gas supplier" means any person, as | 57267 |
| defined in section 1.59 of the Revised Code, that is engaged on a | 57268 |
| for-profit or not-for-profit basis in the business of supplying or | 57269 |
| arranging for the supply of a competitive retail natural gas | 57270 |
| service to consumers in this state that are not mercantile | 57271 |
| customers. "Retail natural gas supplier" includes a marketer, | 57272 |
| broker, or aggregator, but excludes a natural gas company, a | 57273 |
| governmental aggregator as defined in division (K)(1) or (2) of | 57274 |
|
this section, an entity described in division | 57275 |
| of section 4905.02 of the Revised Code, or a billing or collection | 57276 |
| agent, and excludes a producer or gatherer of gas to the extent | 57277 |
| such producer or gatherer is not a natural gas company under | 57278 |
| section 4905.03 of the Revised Code. | 57279 |
| (O) "Revenue decoupling mechanism" means a rate design or | 57280 |
| other cost recovery mechanism that provides recovery of the fixed | 57281 |
| costs of service and a fair and reasonable rate of return, | 57282 |
| irrespective of system throughput or volumetric sales. | 57283 |
| Sec. 4929.02. (A) It is the policy of this state to, | 57284 |
| throughout this state: | 57285 |
| (1) Promote the availability to consumers of adequate, | 57286 |
| reliable, and reasonably priced natural gas services and goods; | 57287 |
| (2) Promote the availability of unbundled and comparable | 57288 |
| natural gas services and goods that provide wholesale and retail | 57289 |
| consumers with the supplier, price, terms, conditions, and quality | 57290 |
| options they elect to meet their respective needs; | 57291 |
| (3) Promote diversity of natural gas supplies and suppliers, | 57292 |
| by giving consumers effective choices over the selection of those | 57293 |
| supplies and suppliers; | 57294 |
| (4) Encourage innovation and market access for cost-effective | 57295 |
| supply- and demand-side natural gas services and goods; | 57296 |
| (5) Encourage cost-effective and efficient access to | 57297 |
| information regarding the operation of the distribution systems of | 57298 |
| natural gas companies in order to promote effective customer | 57299 |
| choice of natural gas services and goods; | 57300 |
| (6) Recognize the continuing emergence of competitive natural | 57301 |
| gas markets through the development and implementation of flexible | 57302 |
| regulatory treatment; | 57303 |
| (7) Promote an expeditious transition to the provision of | 57304 |
| natural gas services and goods in a manner that achieves effective | 57305 |
| competition and transactions between willing buyers and willing | 57306 |
| sellers to reduce or eliminate the need for regulation of natural | 57307 |
| gas services and goods under Chapters 4905. and 4909. of the | 57308 |
| Revised Code; | 57309 |
| (8) Promote effective competition in the provision of natural | 57310 |
| gas services and goods by avoiding subsidies flowing to or from | 57311 |
| regulated natural gas services and goods; | 57312 |
| (9) Ensure that the risks and rewards of a natural gas | 57313 |
| company's offering of nonjurisdictional and exempt services and | 57314 |
| goods do not affect the rates, prices, terms, or conditions of | 57315 |
| nonexempt, regulated services and goods of a natural gas company | 57316 |
| and do not affect the financial capability of a natural gas | 57317 |
| company to comply with the policy of this state specified in this | 57318 |
| section; | 57319 |
| (10) Facilitate the state's competitiveness in the global | 57320 |
| economy; | 57321 |
| (11) Facilitate additional choices for the supply of natural | 57322 |
| gas for residential consumers, including aggregation; | 57323 |
| (12) Promote an alignment of natural gas company interests | 57324 |
| with consumer interest in energy efficiency and energy | 57325 |
| conservation. | 57326 |
| (B) The public utilities commission and the office of the | 57327 |
| consumers' counsel shall follow the policy specified in this | 57328 |
| section in exercising their respective authorities relative to | 57329 |
| sections 4929.03 to 4929.30 of the Revised Code. | 57330 |
| (C) Nothing in Chapter 4929. of the Revised Code shall be | 57331 |
| construed to alter the public utilities commission's construction | 57332 |
|
or application of division | 57333 |
| Revised Code. | 57334 |
| Sec. 4933.18. (A) In a prosecution for a theft offense, as | 57335 |
| defined in section 2913.01 of the Revised Code, that involves | 57336 |
| alleged tampering with a gas, electric, steam, or water meter, | 57337 |
| conduit, or attachment of a utility that has been disconnected by | 57338 |
| the utility, proof that a meter, conduit, or attachment of a | 57339 |
| utility has been tampered with is prima-facie evidence that the | 57340 |
| person who is obligated to pay for the service rendered through | 57341 |
| the meter, conduit, or attachment and is in possession or control | 57342 |
| of the meter, conduit, or attachment at the time the tampering | 57343 |
| occurred has caused the tampering with intent to commit a theft | 57344 |
| offense. | 57345 |
| In a prosecution for a theft offense, as defined in section | 57346 |
| 2913.01 of the Revised Code, that involves the alleged | 57347 |
| reconnection of a gas, electric, steam, or water meter, conduit, | 57348 |
| or attachment of a utility that has been disconnected by the | 57349 |
| utility, proof that a meter, conduit, or attachment disconnected | 57350 |
| by a utility has been reconnected without the consent of the | 57351 |
| utility is prima-facie evidence that the person in possession or | 57352 |
| control of the meter, conduit, or attachment at the time of the | 57353 |
| reconnection has reconnected the meter, conduit, or attachment | 57354 |
| with intent to commit a theft offense. | 57355 |
| (B) As used in this section: | 57356 |
| (1) "Utility" means any electric light company, gas company, | 57357 |
| natural gas company, pipe-line company, water-works company, or | 57358 |
|
heating or cooling company, as defined by division | 57359 |
| 57360 | |
| of the Revised Code, its lessees, trustees, or receivers, or any | 57361 |
| similar utility owned or operated by a political subdivision. | 57362 |
| (2) "Tamper" means to interfere with, damage, or by-pass a | 57363 |
| utility meter, conduit, or attachment with the intent to impede | 57364 |
| the correct registration of a meter or the proper functions of a | 57365 |
| conduit or attachment so as to reduce the amount of utility | 57366 |
| service that is registered on the meter. | 57367 |
| Sec. 4933.19. Each electric light company, gas company, | 57368 |
| natural gas company, pipe-line company, water-works company, or | 57369 |
|
heating or cooling company, as defined by division | 57370 |
| 57371 | |
| 4905.03 of the Revised Code, or its lessees, trustees, or | 57372 |
| receivers, and each similar utility owned or operated by a | 57373 |
| political subdivision shall notify its customers, on an annual | 57374 |
| basis, that tampering with or bypassing a meter constitutes a | 57375 |
| theft offense that could result in the imposition of criminal | 57376 |
| sanctions. | 57377 |
| Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the | 57378 |
| Revised Code: | 57379 |
| (A) "Cable operator," "cable service," and "franchise" have | 57380 |
| the same meanings as in the "Cable Communications Policy Act of | 57381 |
| 1984," 98 Stat. 2779, 47 U.S.C.A. 522. | 57382 |
| (B) "Occupy or use" means, with respect to a public way, to | 57383 |
| place a tangible thing in a public way for any purpose, including, | 57384 |
| but not limited to, constructing, repairing, positioning, | 57385 |
| maintaining, or operating lines, poles, pipes, conduits, ducts, | 57386 |
| equipment, or other structures, appurtenances, or facilities | 57387 |
| necessary for the delivery of public utility services or any | 57388 |
| services provided by a cable operator. | 57389 |
| (C) "Person" means any natural person, corporation, or | 57390 |
| partnership and also includes any governmental entity. | 57391 |
| (D) "Public utility" means any company described in section | 57392 |
|
4905.03 of the Revised Code except in divisions | 57393 |
| 57394 | |
| defined in section 4905.02 of the Revised Code; and includes any | 57395 |
| electric supplier as defined in section 4933.81 of the Revised | 57396 |
| Code. | 57397 |
| (E) "Public way" means the surface of, and the space within, | 57398 |
| through, on, across, above, or below, any public street, public | 57399 |
| road, public highway, public freeway, public lane, public path, | 57400 |
| public alley, public court, public sidewalk, public boulevard, | 57401 |
| public parkway, public drive, and any other land dedicated or | 57402 |
| otherwise designated for a compatible public use, which, on or | 57403 |
|
after | 57404 |
| controlled by a municipal corporation. "Public way" excludes a | 57405 |
| private easement. | 57406 |
| (F) "Public way fee" means a fee levied to recover the costs | 57407 |
| incurred by a municipal corporation and associated with the | 57408 |
| occupancy or use of a public way. | 57409 |
| Sec. 4953.04. No union terminal company or corporation shall | 57410 |
|
engage in the business of a for-hire motor | 57411 |
| carrier, as defined in | 57412 |
| 4921.01 of the Revised Code, over any public highway in this | 57413 |
| state, without obtaining authority from the public utilities | 57414 |
| commission, and complying with all laws governing every | 57415 |
|
corporation or company when engaged or proposing to engage in | 57416 |
| the business of a for-hire motor | 57417 |
| Sec. 4961.03. Any railroad company owning or operating a | 57418 |
| railroad in this state may own, control, operate, or manage motor | 57419 |
| vehicles for the purpose of transporting persons or property, or | 57420 |
|
both, upon the public highways for hire, subject to | 57421 |
| 57422 | |
| Revised Code. Any railroad company may also own and operate | 57423 |
| equipment for and engage in the business of aerial transportation. | 57424 |
| Any railroad company may acquire, own, and hold capital stock and | 57425 |
| securities of corporations organized for or engaged in the | 57426 |
| businesses authorized in this section and may operate the | 57427 |
| properties, or any part thereof, of such corporations, and may | 57428 |
| enter into working arrangements and agreements with such | 57429 |
| corporations. | 57430 |
| Sec. 4965.54. Any common carrier, railroad, or | 57431 |
| 57432 | |
| within this state for transportation to a point within this state, | 57433 |
| shall issue a receipt or bill of lading for such property and is | 57434 |
| liable to the lawful holder of it for any loss, damage, or injury | 57435 |
| to such property caused by it or by any common carrier, railroad, | 57436 |
| or transportation company to which such property is delivered or | 57437 |
| over whose line such property passes. No contract, receipt, rule, | 57438 |
| or regulation shall exempt such common carrier, railroad, or | 57439 |
| 57440 | |
| this section. This section does not deprive any holder of such | 57441 |
| receipt or bill of lading of any remedy or right of action which | 57442 |
| 57443 |
| The common carrier, railroad, or | 57444 |
| carrier issuing such receipt or bill of lading may recover from | 57445 |
|
the common carrier, railroad, or
| 57446 |
| carrier on whose line the loss, damage, or injury was sustained | 57447 |
| the amount of such loss, damage, or injury it is required to pay | 57448 |
| the owners of such property as is evidenced by any receipt, | 57449 |
| judgment, or transcript thereof. | 57450 |
| As used in this section, "motor carrier" has the same meaning | 57451 |
| as in section 4923.01 of the Revised Code. | 57452 |
| Sec. 5101.01. (A) As used in the Revised Code, the | 57453 |
| "department of public welfare" and the "department of human | 57454 |
| services" mean the department of job and family services and the | 57455 |
| "director of public welfare" and the "director of human services" | 57456 |
| mean the director of job and family services. Whenever the | 57457 |
| department or director of public welfare or the department or | 57458 |
| director of human services is referred to or designated in any | 57459 |
| statute, rule, contract, grant, or other document, the reference | 57460 |
| or designation shall be deemed to refer to the department or | 57461 |
| director of job and family services, as the case may be. | 57462 |
| (B) As used in this chapter | 57463 |
| (1) References | 57464 |
| department of job and family services include | 57465 |
| department of job and family services established under section | 57466 |
| 329.40 of the Revised Code. | 57467 |
| (2) References to | 57468 |
|
include
| 57469 |
| department of job and family services established under section | 57470 |
| 329.40 of the Revised Code. | 57471 |
| Sec. 5101.46. (A) As used in this section: | 57472 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 57473 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 57474 |
| (2) "Respective local agency" means, with respect to the | 57475 |
| department of job and family services, a county department of job | 57476 |
| and family services; with respect to the department of mental | 57477 |
| health, a board of alcohol, drug addiction, and mental health | 57478 |
| services; and with respect to the department of developmental | 57479 |
| disabilities, a county board of developmental disabilities. | 57480 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 57481 |
| as revised annually by the United States department of health and | 57482 |
| human services in accordance with section 673(2) of the "Omnibus | 57483 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 57484 |
| 9902, as amended, for a family size equal to the size of the | 57485 |
| family of the person whose income is being determined. | 57486 |
| (B) The departments of job and family services, mental | 57487 |
| health, and developmental disabilities, with their respective | 57488 |
| local agencies, shall administer the provision of social services | 57489 |
| funded through grants made under Title XX. The social services | 57490 |
| furnished with Title XX funds shall be directed at the following | 57491 |
| goals: | 57492 |
| (1) Achieving or maintaining economic self-support to | 57493 |
| prevent, reduce, or eliminate dependency; | 57494 |
| (2) Achieving or maintaining self-sufficiency, including | 57495 |
| reduction or prevention of dependency; | 57496 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 57497 |
| of children and adults unable to protect their own interests, or | 57498 |
| preserving, rehabilitating, or reuniting families; | 57499 |
| (4) Preventing or reducing inappropriate institutional care | 57500 |
| by providing for community-based care, home-based care, or other | 57501 |
| forms of less intensive care; | 57502 |
| (5) Securing referral or admission for institutional care | 57503 |
| when other forms of care are not appropriate, or providing | 57504 |
| services to individuals in institutions. | 57505 |
| (C)(1) All federal funds received under Title XX shall be | 57506 |
| appropriated as follows: | 57507 |
| (a) Seventy-two and one-half per cent to the department of | 57508 |
| job and family services; | 57509 |
| (b) Twelve and ninety-three | 57510 |
| cent to the department of mental health; | 57511 |
| (c) Fourteen and fifty-seven | 57512 |
| cent to the department of developmental disabilities. | 57513 |
| (2) Each of the state departments shall, subject to the | 57514 |
| approval of the controlling board, develop a formula for the | 57515 |
| distribution of the Title XX funds appropriated to the department | 57516 |
| to its respective local agencies. The formula developed by each | 57517 |
| state department shall take into account all of the following for | 57518 |
| each of its respective local agencies: | 57519 |
| (a) The total population of the area that is served by the | 57520 |
| respective local agency; | 57521 |
| (b) The percentage of the population in the area served that | 57522 |
| falls below the federal poverty guidelines; | 57523 |
| (c) The respective local agency's history of and ability to | 57524 |
| utilize Title XX funds. | 57525 |
| (3) Each of the state departments shall expend for state | 57526 |
| administrative costs not more than three per cent of the Title XX | 57527 |
| funds appropriated to the department. | 57528 |
| Each state department shall establish for each of its | 57529 |
| respective local agencies the maximum percentage of the Title XX | 57530 |
| funds distributed to the respective local agency that the | 57531 |
| respective local agency may expend for local administrative costs. | 57532 |
| The percentage shall be established by rule and shall comply with | 57533 |
| federal law governing the use of Title XX funds. The rules shall | 57534 |
| be adopted in accordance with section 111.15 of the Revised Code | 57535 |
| as if they were internal management rules. | 57536 |
| (4) The department of job and family services shall expend | 57537 |
| for the training of the following not more than two per cent of | 57538 |
| the Title XX funds appropriated to the department: | 57539 |
| (a) Employees of county departments of job and family | 57540 |
| services; | 57541 |
| (b) Providers of services under contract with the state | 57542 |
| departments' respective local agencies; | 57543 |
| (c) Employees of a public children services agency directly | 57544 |
| engaged in providing Title XX services. | 57545 |
| (D) The department of job and family services shall prepare | 57546 |
| 57547 | |
| the intended use of Title XX funds. The department shall develop a | 57548 |
| method for obtaining public comment during the development of the | 57549 |
| plan and following its completion. | 57550 |
| For each | 57551 |
| family services shall prepare a report on the actual use of Title | 57552 |
| XX funds. The department shall make the annual report available | 57553 |
| for public inspection. | 57554 |
| The departments of mental health and developmental | 57555 |
| disabilities shall prepare and submit to the department of job and | 57556 |
|
family services the portions of each | 57557 |
| 57558 | |
| retardation and developmental disabilities. Each respective local | 57559 |
| agency of the three state departments shall submit information as | 57560 |
|
necessary for the preparation of | 57561 |
| reports. | 57562 |
| (E) Each county department of job and family services shall | 57563 |
| adopt a county profile for the administration and provision of | 57564 |
| Title XX social services in the county. In developing its county | 57565 |
| profile, the county department shall take into consideration the | 57566 |
| comments and recommendations received from the public by the | 57567 |
| county family services planning committee pursuant to section | 57568 |
| 329.06 of the Revised Code. As part of its preparation of the | 57569 |
| county profile, the county department may prepare a local needs | 57570 |
| report analyzing the need for Title XX social services. | 57571 |
| The county department shall submit the county profile to the | 57572 |
| board of county commissioners for its review. Once the county | 57573 |
| profile has been approved by the board, the county department | 57574 |
| shall file a copy of the county profile with the department of job | 57575 |
| and family services. The department shall approve the county | 57576 |
| profile if the department determines the profile provides for the | 57577 |
| Title XX social services to meet the goals specified in division | 57578 |
| (B) of this section. | 57579 |
| (F) Any of the three state departments and their respective | 57580 |
| local agencies may require that an entity under contract to | 57581 |
| provide social services with Title XX funds submit to an audit on | 57582 |
| the basis of alleged misuse or improper accounting of funds. If an | 57583 |
| audit is required, the social services provider shall reimburse | 57584 |
| the state department or respective local agency for the cost it | 57585 |
| incurred in conducting the audit or having the audit conducted. | 57586 |
| If an audit demonstrates that a social services provider is | 57587 |
| responsible for one or more adverse findings, the provider shall | 57588 |
| reimburse the appropriate state department or its respective local | 57589 |
| agency the amount of the adverse findings. The amount shall not be | 57590 |
| reimbursed with Title XX funds received under this section. The | 57591 |
| three state departments and their respective local agencies may | 57592 |
| terminate or refuse to enter into a Title XX contract with a | 57593 |
| social services provider if there are adverse findings in an audit | 57594 |
| that are the responsibility of the provider. | 57595 |
| (G) Except with respect to the matters for which each of the | 57596 |
| state departments must adopt rules under division (C)(3) of this | 57597 |
| section, the department of job and family services may adopt any | 57598 |
| rules it considers necessary to implement and carry out the | 57599 |
| purposes of this section. Rules governing financial and | 57600 |
| operational matters of the department or matters between the | 57601 |
| department and county departments of job and family services shall | 57602 |
| be adopted as internal management rules in accordance with section | 57603 |
| 111.15 of the Revised Code. Rules governing eligibility for | 57604 |
| services, program participation, and other matters pertaining to | 57605 |
| applicants and participants shall be adopted in accordance with | 57606 |
| Chapter 119. of the Revised Code. | 57607 |
| Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the | 57608 |
| Revised Code: | 57609 |
| (A) "Abuse" means the infliction upon an adult by self or | 57610 |
| others of injury, unreasonable confinement, intimidation, or cruel | 57611 |
| punishment with resulting physical harm, pain, or mental anguish. | 57612 |
| (B) "Adult" means any person sixty years of age or older | 57613 |
| within this state who is handicapped by the infirmities of aging | 57614 |
| or who has a physical or mental impairment which prevents the | 57615 |
| person from providing for the person's own care or protection, and | 57616 |
| who resides in an independent living arrangement. An "independent | 57617 |
| living arrangement" is a domicile of a person's own choosing, | 57618 |
| including, but not limited to, a private home, apartment, trailer, | 57619 |
|
or rooming house. An "independent living arrangement" includes | 57620 |
| 57621 | |
| 57622 | |
| accommodations, supervision, and personal care services for three | 57623 |
| to sixteen unrelated adults, but does not include other | 57624 |
| institutions or facilities licensed by the state or facilities in | 57625 |
| which a person resides as a result of voluntary, civil, or | 57626 |
| criminal commitment. | 57627 |
| (C) "Caretaker" means the person assuming the responsibility | 57628 |
| for the care of an adult on a voluntary basis, by contract, | 57629 |
| through receipt of payment for care, as a result of a family | 57630 |
| relationship, or by order of a court of competent jurisdiction. | 57631 |
| (D) "Court" means the probate court in the county where an | 57632 |
| adult resides. | 57633 |
| (E) "Emergency" means that the adult is living in conditions | 57634 |
| which present a substantial risk of immediate and irreparable | 57635 |
| physical harm or death to self or any other person. | 57636 |
| (F) "Emergency services" means protective services furnished | 57637 |
| to an adult in an emergency. | 57638 |
| (G) "Exploitation" means the unlawful or improper act of a | 57639 |
| caretaker using an adult or an adult's resources for monetary or | 57640 |
| personal benefit, profit, or gain. | 57641 |
| (H) "In need of protective services" means an adult known or | 57642 |
| suspected to be suffering from abuse, neglect, or exploitation to | 57643 |
| an extent that either life is endangered or physical harm, mental | 57644 |
| anguish, or mental illness results or is likely to result. | 57645 |
| (I) "Incapacitated person" means a person who is impaired for | 57646 |
| any reason to the extent that the person lacks sufficient | 57647 |
| understanding or capacity to make and carry out reasonable | 57648 |
| decisions concerning the person's self or resources, with or | 57649 |
| without the assistance of a caretaker. Refusal to consent to the | 57650 |
| provision of services shall not be the sole determinative that the | 57651 |
| person is incapacitated. "Reasonable decisions" are decisions made | 57652 |
| in daily living which facilitate the provision of food, shelter, | 57653 |
| clothing, and health care necessary for life support. | 57654 |
| (J) "Mental illness" means a substantial disorder of thought, | 57655 |
| mood, perception, orientation, or memory that grossly impairs | 57656 |
| judgment, behavior, capacity to recognize reality, or ability to | 57657 |
| meet the ordinary demands of life. | 57658 |
| (K) "Neglect" means the failure of an adult to provide for | 57659 |
| self the goods or services necessary to avoid physical harm, | 57660 |
| mental anguish, or mental illness or the failure of a caretaker to | 57661 |
| provide such goods or services. | 57662 |
| (L) "Peace officer" means a peace officer as defined in | 57663 |
| section 2935.01 of the Revised Code. | 57664 |
| (M) "Physical harm" means bodily pain, injury, impairment, or | 57665 |
| disease suffered by an adult. | 57666 |
| (N) "Protective services" means services provided by the | 57667 |
| county department of job and family services or its designated | 57668 |
| agency to an adult who has been determined by evaluation to | 57669 |
| require such services for the prevention, correction, or | 57670 |
| discontinuance of an act of as well as conditions resulting from | 57671 |
| abuse, neglect, or exploitation. Protective services may include, | 57672 |
| but are not limited to, case work services, medical care, mental | 57673 |
| health services, legal services, fiscal management, home health | 57674 |
| care, homemaker services, housing-related services, guardianship | 57675 |
| services, and placement services as well as the provision of such | 57676 |
| commodities as food, clothing, and shelter. | 57677 |
| (O) "Working day" means Monday, Tuesday, Wednesday, Thursday, | 57678 |
| and Friday, except when such day is a holiday as defined in | 57679 |
| section 1.14 of the Revised Code. | 57680 |
| Sec. 5101.61. (A) As used in this section: | 57681 |
| (1) "Senior service provider" means any person who provides | 57682 |
| care or services to a person who is an adult as defined in | 57683 |
| division (B) of section 5101.60 of the Revised Code. | 57684 |
| (2) "Ambulatory health facility" means a nonprofit, public or | 57685 |
| proprietary freestanding organization or a unit of such an agency | 57686 |
| or organization that: | 57687 |
| (a) Provides preventive, diagnostic, therapeutic, | 57688 |
| rehabilitative, or palliative items or services furnished to an | 57689 |
| outpatient or ambulatory patient, by or under the direction of a | 57690 |
| physician or dentist in a facility which is not a part of a | 57691 |
| hospital, but which is organized and operated to provide medical | 57692 |
| care to outpatients; | 57693 |
| (b) Has health and medical care policies which are developed | 57694 |
| with the advice of, and with the provision of review of such | 57695 |
| policies, an advisory committee of professional personnel, | 57696 |
| including one or more physicians, one or more dentists, if dental | 57697 |
| care is provided, and one or more registered nurses; | 57698 |
| (c) Has a medical director, a dental director, if dental care | 57699 |
| is provided, and a nursing director responsible for the execution | 57700 |
| of such policies, and has physicians, dentists, nursing, and | 57701 |
| ancillary staff appropriate to the scope of services provided; | 57702 |
| (d) Requires that the health care and medical care of every | 57703 |
| patient be under the supervision of a physician, provides for | 57704 |
| medical care in a case of emergency, has in effect a written | 57705 |
| agreement with one or more hospitals and other centers or clinics, | 57706 |
| and has an established patient referral system to other resources, | 57707 |
| and a utilization review plan and program; | 57708 |
| (e) Maintains clinical records on all patients; | 57709 |
| (f) Provides nursing services and other therapeutic services | 57710 |
| in accordance with programs and policies, with such services | 57711 |
| supervised by a registered professional nurse, and has a | 57712 |
| registered professional nurse on duty at all times of clinical | 57713 |
| operations; | 57714 |
| (g) Provides approved methods and procedures for the | 57715 |
| dispensing and administration of drugs and biologicals; | 57716 |
| (h) Has established an accounting and record keeping system | 57717 |
| to determine reasonable and allowable costs; | 57718 |
| (i) "Ambulatory health facilities" also includes an | 57719 |
| alcoholism treatment facility approved by the joint commission on | 57720 |
| accreditation of healthcare organizations as an alcoholism | 57721 |
| treatment facility or certified by the department of alcohol and | 57722 |
| drug addiction services, and such facility shall comply with other | 57723 |
| provisions of this division not inconsistent with such | 57724 |
| accreditation or certification. | 57725 |
| (3) "Community mental health facility" means a facility which | 57726 |
| provides community mental health services and is included in the | 57727 |
| comprehensive mental health plan for the alcohol, drug addiction, | 57728 |
| and mental health service district in which it is located. | 57729 |
| (4) "Community mental health service" means services, other | 57730 |
| than inpatient services, provided by a community mental health | 57731 |
| facility. | 57732 |
| (5) "Home health agency" means an institution or a distinct | 57733 |
| part of an institution operated in this state which: | 57734 |
| (a) Is primarily engaged in providing home health services; | 57735 |
| (b) Has home health policies which are established by a group | 57736 |
| of professional personnel, including one or more duly licensed | 57737 |
| doctors of medicine or osteopathy and one or more registered | 57738 |
| professional nurses, to govern the home health services it | 57739 |
| provides and which includes a requirement that every patient must | 57740 |
| be under the care of a duly licensed doctor of medicine or | 57741 |
| osteopathy; | 57742 |
| (c) Is under the supervision of a duly licensed doctor of | 57743 |
| medicine or doctor of osteopathy or a registered professional | 57744 |
| nurse who is responsible for the execution of such home health | 57745 |
| policies; | 57746 |
| (d) Maintains comprehensive records on all patients; | 57747 |
| (e) Is operated by the state, a political subdivision, or an | 57748 |
| agency of either, or is operated not for profit in this state and | 57749 |
| is licensed or registered, if required, pursuant to law by the | 57750 |
| appropriate department of the state, county, or municipality in | 57751 |
| which it furnishes services; or is operated for profit in this | 57752 |
| state, meets all the requirements specified in divisions (A)(5)(a) | 57753 |
| to (d) of this section, and is certified under Title XVIII of the | 57754 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 57755 |
| amended. | 57756 |
| (6) "Home health service" means the following items and | 57757 |
| services, provided, except as provided in division (A)(6)(g) of | 57758 |
| this section, on a visiting basis in a place of residence used as | 57759 |
| the patient's home: | 57760 |
| (a) Nursing care provided by or under the supervision of a | 57761 |
| registered professional nurse; | 57762 |
| (b) Physical, occupational, or speech therapy ordered by the | 57763 |
| patient's attending physician; | 57764 |
| (c) Medical social services performed by or under the | 57765 |
| supervision of a qualified medical or psychiatric social worker | 57766 |
| and under the direction of the patient's attending physician; | 57767 |
| (d) Personal health care of the patient performed by aides in | 57768 |
| accordance with the orders of a doctor of medicine or osteopathy | 57769 |
| and under the supervision of a registered professional nurse; | 57770 |
| (e) Medical supplies and the use of medical appliances; | 57771 |
| (f) Medical services of interns and residents-in-training | 57772 |
| under an approved teaching program of a nonprofit hospital and | 57773 |
| under the direction and supervision of the patient's attending | 57774 |
| physician; | 57775 |
| (g) Any of the foregoing items and services which: | 57776 |
| (i) Are provided on an outpatient basis under arrangements | 57777 |
| made by the home health agency at a hospital or skilled nursing | 57778 |
| facility; | 57779 |
| (ii) Involve the use of equipment of such a nature that the | 57780 |
| items and services cannot readily be made available to the patient | 57781 |
| in the patient's place of residence, or which are furnished at the | 57782 |
| hospital or skilled nursing facility while the patient is there to | 57783 |
| receive any item or service involving the use of such equipment. | 57784 |
| Any attorney, physician, osteopath, podiatrist, chiropractor, | 57785 |
| dentist, psychologist, any employee of a hospital as defined in | 57786 |
| section 3701.01 of the Revised Code, any nurse licensed under | 57787 |
| Chapter 4723. of the Revised Code, any employee of an ambulatory | 57788 |
| health facility, any employee of a home health agency, any | 57789 |
|
employee of | 57790 |
| licensed under section | 57791 |
| provides accommodations, supervision, and personal care services | 57792 |
| for three to sixteen unrelated adults, any employee of a nursing | 57793 |
| home, residential care facility, or home for the aging, as defined | 57794 |
| in section 3721.01 of the Revised Code, any senior service | 57795 |
|
provider, any peace officer, coroner, | 57796 |
| clergy, any employee of a community mental health facility, and | 57797 |
| any person engaged in social work or counseling having reasonable | 57798 |
| cause to believe that an adult is being abused, neglected, or | 57799 |
| exploited, or is in a condition which is the result of abuse, | 57800 |
| neglect, or exploitation shall immediately report such belief to | 57801 |
| the county department of job and family services. This section | 57802 |
| does not apply to employees of any hospital or public hospital as | 57803 |
| defined in section 5122.01 of the Revised Code. | 57804 |
| (B) Any person having reasonable cause to believe that an | 57805 |
| adult has suffered abuse, neglect, or exploitation may report, or | 57806 |
| cause reports to be made of such belief to the department. | 57807 |
| (C) The reports made under this section shall be made orally | 57808 |
| or in writing except that oral reports shall be followed by a | 57809 |
| written report if a written report is requested by the department. | 57810 |
| Written reports shall include: | 57811 |
| (1) The name, address, and approximate age of the adult who | 57812 |
| is the subject of the report; | 57813 |
| (2) The name and address of the individual responsible for | 57814 |
| the adult's care, if any individual is, and if the individual is | 57815 |
| known; | 57816 |
| (3) The nature and extent of the alleged abuse, neglect, or | 57817 |
| exploitation of the adult; | 57818 |
| (4) The basis of the reporter's belief that the adult has | 57819 |
| been abused, neglected, or exploited. | 57820 |
| (D) Any person with reasonable cause to believe that an adult | 57821 |
| is suffering abuse, neglect, or exploitation who makes a report | 57822 |
| pursuant to this section or who testifies in any administrative or | 57823 |
| judicial proceeding arising from such a report, or any employee of | 57824 |
| the state or any of its subdivisions who is discharging | 57825 |
| responsibilities under section 5101.62 of the Revised Code shall | 57826 |
| be immune from civil or criminal liability on account of such | 57827 |
| investigation, report, or testimony, except liability for perjury, | 57828 |
| unless the person has acted in bad faith or with malicious | 57829 |
| purpose. | 57830 |
| (E) No employer or any other person with the authority to do | 57831 |
| so shall discharge, demote, transfer, prepare a negative work | 57832 |
| performance evaluation, or reduce benefits, pay, or work | 57833 |
| privileges, or take any other action detrimental to an employee or | 57834 |
| in any way retaliate against an employee as a result of the | 57835 |
| employee's having filed a report under this section. | 57836 |
| (F) Neither the written or oral report provided for in this | 57837 |
| section nor the investigatory report provided for in section | 57838 |
| 5101.62 of the Revised Code shall be considered a public record as | 57839 |
| defined in section 149.43 of the Revised Code. Information | 57840 |
| contained in the report shall upon request be made available to | 57841 |
| the adult who is the subject of the report, to agencies authorized | 57842 |
| by the department to receive information contained in the report, | 57843 |
| and to legal counsel for the adult. | 57844 |
| Sec. 5104.012. (A)(1) At the times specified in this | 57845 |
| division, the administrator of a child day-care center or a type A | 57846 |
| family day-care home shall request the superintendent of the | 57847 |
| bureau of criminal identification and investigation to conduct a | 57848 |
| criminal records check with respect to any applicant who has | 57849 |
| applied to the center or type A home for employment as a person | 57850 |
| responsible for the care, custody, or control of a child. | 57851 |
| The administrator shall request a criminal records check | 57852 |
| pursuant to this division at the time of the applicant's initial | 57853 |
| application for employment and every four years thereafter. When | 57854 |
| the administrator requests pursuant to this division a criminal | 57855 |
| records check for an applicant at the time of the applicant's | 57856 |
| initial application for employment, the administrator shall | 57857 |
| request that the superintendent obtain information from the | 57858 |
| federal bureau of investigation as a part of the criminal records | 57859 |
| check for the applicant, including fingerprint-based checks of | 57860 |
| national crime information databases as described in 42 U.S.C. | 57861 |
| 671, for the person subject to the criminal records check. In all | 57862 |
| other cases in which the administrator requests a criminal records | 57863 |
| check for an applicant pursuant to this division, the | 57864 |
| administrator may request that the superintendent include | 57865 |
| information from the federal bureau of investigation in the | 57866 |
| criminal records check, including fingerprint-based checks of | 57867 |
| national crime information databases as described in 42 U.S.C. | 57868 |
| 671. | 57869 |
| (2) A person required by division (A)(1) of this section to | 57870 |
| request a criminal records check shall provide to each applicant a | 57871 |
| copy of the form prescribed pursuant to division (C)(1) of section | 57872 |
| 109.572 of the Revised Code, provide to each applicant a standard | 57873 |
| impression sheet to obtain fingerprint impressions prescribed | 57874 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 57875 |
| Code, obtain the completed form and impression sheet from each | 57876 |
| applicant, and forward the completed form and impression sheet to | 57877 |
| the superintendent of the bureau of criminal identification and | 57878 |
| investigation at the time the person requests a criminal records | 57879 |
| check pursuant to division (A)(1) of this section. On and after | 57880 |
| August 14, 2008, the administrator of a child day-care center or a | 57881 |
| type A family day-care home shall review the results of the | 57882 |
| criminal records check before the applicant has sole | 57883 |
| responsibility for the care, custody, or control of any child. | 57884 |
| (3) An applicant who receives pursuant to division (A)(2) of | 57885 |
| this section a copy of the form prescribed pursuant to division | 57886 |
| (C)(1) of section 109.572 of the Revised Code and a copy of an | 57887 |
| impression sheet prescribed pursuant to division (C)(2) of that | 57888 |
| section and who is requested to complete the form and provide a | 57889 |
| set of fingerprint impressions shall complete the form or provide | 57890 |
| all the information necessary to complete the form and shall | 57891 |
| provide the impression sheet with the impressions of the | 57892 |
| applicant's fingerprints. If an applicant, upon request, fails to | 57893 |
| provide the information necessary to complete the form or fails to | 57894 |
| provide impressions of the applicant's fingerprints, the center or | 57895 |
| type A home shall not employ that applicant for any position for | 57896 |
| which a criminal records check is required by division (A)(1) of | 57897 |
| this section. | 57898 |
| (B)(1) Except as provided in rules adopted under division (E) | 57899 |
| of this section, no child day-care center or type A family | 57900 |
| day-care home shall employ or contract with another entity for the | 57901 |
| services of a person as a person responsible for the care, | 57902 |
| custody, or control of a child if the person previously has been | 57903 |
| convicted of or pleaded guilty to any of the violations described | 57904 |
|
in division (A) | 57905 |
| (2) A child day-care center or type A family day-care home | 57906 |
| may employ an applicant conditionally until the criminal records | 57907 |
| check required by this section is completed and the center or home | 57908 |
| receives the results of the criminal records check. If the results | 57909 |
| of the criminal records check indicate that, pursuant to division | 57910 |
| (B)(1) of this section, the applicant does not qualify for | 57911 |
| employment, the center or home shall release the applicant from | 57912 |
| employment. | 57913 |
| (C)(1) Each child day-care center and type A family day-care | 57914 |
| home shall pay to the bureau of criminal identification and | 57915 |
| investigation the fee prescribed pursuant to division (C)(3) of | 57916 |
| section 109.572 of the Revised Code for each criminal records | 57917 |
| check conducted in accordance with that section upon the request | 57918 |
| pursuant to division (A)(1) of this section of the administrator | 57919 |
| or provider of the center or home. | 57920 |
| (2) A child day-care center and type A family day-care home | 57921 |
| may charge an applicant a fee for the costs it incurs in obtaining | 57922 |
| a criminal records check under this section. A fee charged under | 57923 |
| this division shall not exceed the amount of fees the center or | 57924 |
| home pays under division (C)(1) of this section. If a fee is | 57925 |
| charged under this division, the center or home shall notify the | 57926 |
| applicant at the time of the applicant's initial application for | 57927 |
| employment of the amount of the fee and that, unless the fee is | 57928 |
| paid, the center or type A home will not consider the applicant | 57929 |
| for employment. | 57930 |
| (D) The report of any criminal records check conducted by the | 57931 |
| bureau of criminal identification and investigation in accordance | 57932 |
| with section 109.572 of the Revised Code and pursuant to a request | 57933 |
| under division (A)(1) of this section is not a public record for | 57934 |
| the purposes of section 149.43 of the Revised Code and shall not | 57935 |
| be made available to any person other than the applicant who is | 57936 |
| the subject of the criminal records check or the applicant's | 57937 |
| representative; the center or type A home requesting the criminal | 57938 |
| records check or its representative; the department of job and | 57939 |
| family services or a county department of job and family services; | 57940 |
| and any court, hearing officer, or other necessary individual | 57941 |
| involved in a case dealing with the denial of employment to the | 57942 |
| applicant. | 57943 |
| (E) The director of job and family services shall adopt rules | 57944 |
| pursuant to Chapter 119. of the Revised Code to implement this | 57945 |
| section, including rules specifying circumstances under which a | 57946 |
| center or home may hire a person who has been convicted of an | 57947 |
| offense listed in division (B)(1) of this section but who meets | 57948 |
| standards in regard to rehabilitation set by the department. | 57949 |
| (F) Any person required by division (A)(1) of this section to | 57950 |
| request a criminal records check shall inform each person, at the | 57951 |
| time of the person's initial application for employment, that the | 57952 |
| person is required to provide a set of impressions of the person's | 57953 |
| fingerprints and that a criminal records check is required to be | 57954 |
| conducted and satisfactorily completed in accordance with section | 57955 |
| 109.572 of the Revised Code if the person comes under final | 57956 |
| consideration for appointment or employment as a precondition to | 57957 |
| employment for that position. | 57958 |
| (G) As used in this section: | 57959 |
| (1) "Applicant" means a person who is under final | 57960 |
| consideration for appointment to or employment in a position with | 57961 |
| a child day-care center or a type A family day-care home as a | 57962 |
| person responsible for the care, custody, or control of a child; | 57963 |
| an in-home aide certified pursuant to section 5104.12 of the | 57964 |
| Revised Code; or any person who would serve in any position with a | 57965 |
| child day-care center or a type A family day-care home as a person | 57966 |
| responsible for the care, custody, or control of a child pursuant | 57967 |
| to a contract with another entity. | 57968 |
| (2) "Criminal records check" has the same meaning as in | 57969 |
| section 109.572 of the Revised Code. | 57970 |
| Sec. 5104.013. (A)(1) At the times specified in division | 57971 |
| (A)(3) of this section, the director of job and family services, | 57972 |
| as part of the process of licensure of child day-care centers and | 57973 |
| type A family day-care homes, shall request the superintendent of | 57974 |
| the bureau of criminal identification and investigation to conduct | 57975 |
| a criminal records check with respect to the following persons: | 57976 |
| (a) Any owner, licensee, or administrator of a child day-care | 57977 |
| center; | 57978 |
| (b) Any owner, licensee, or administrator of a type A family | 57979 |
| day-care home and any person eighteen years of age or older who | 57980 |
| resides in a type A family day-care home. | 57981 |
| (2) At the times specified in division (A)(3) of this | 57982 |
| section, the director of a county department of job and family | 57983 |
| services, as part of the process of certification of type B family | 57984 |
| day-care homes, shall request the superintendent of the bureau of | 57985 |
| criminal identification and investigation to conduct a criminal | 57986 |
| records check with respect to any authorized provider of a | 57987 |
| certified type B family day-care home and any person eighteen | 57988 |
| years of age or older who resides in a certified type B family | 57989 |
| day-care home. | 57990 |
| (3) The director of job and family services shall request a | 57991 |
| criminal records check pursuant to division (A)(1) of this section | 57992 |
| at the time of the initial application for licensure and every | 57993 |
| four years thereafter. The director of a county department of job | 57994 |
| and family services shall request a criminal records check | 57995 |
| pursuant to division (A)(2) of this section at the time of the | 57996 |
| initial application for certification and every four years | 57997 |
| thereafter at the time of a certification renewal. When the | 57998 |
| director of job and family services or the director of a county | 57999 |
| department of job and family services requests pursuant to | 58000 |
| division (A)(1) or (2) of this section a criminal records check | 58001 |
| for a person at the time of the person's initial application for | 58002 |
| licensure or certification, the director shall request that the | 58003 |
| superintendent of the bureau of criminal identification and | 58004 |
| investigation obtain information from the federal bureau of | 58005 |
| investigation as a part of the criminal records check for the | 58006 |
| person, including fingerprint-based checks of national crime | 58007 |
| information databases as described in 42 U.S.C. 671 for the person | 58008 |
| subject to the criminal records check. In all other cases in which | 58009 |
| the director of job and family services or the director of a | 58010 |
| county department of job and family services requests a criminal | 58011 |
| records check for an applicant pursuant to division (A)(1) or (2) | 58012 |
| of this section, the director may request that the superintendent | 58013 |
| include information from the federal bureau of investigation in | 58014 |
| the criminal records check, including fingerprint-based checks of | 58015 |
| national crime information databases as described in 42 U.S.C. | 58016 |
| 671. | 58017 |
| (4) The director of job and family services shall review the | 58018 |
| results of a criminal records check subsequent to a request made | 58019 |
| pursuant to divisions (A)(1) and (3) of this section prior to | 58020 |
| approval of a license. The director of a county department of job | 58021 |
| and family services shall review the results of a criminal records | 58022 |
| check subsequent to a request made pursuant to divisions (A)(2) | 58023 |
| and (3) of this section prior to approval of certification. | 58024 |
| (B) The director of job and family services or the director | 58025 |
| of a county department of job and family services shall provide to | 58026 |
| each person for whom a criminal records check is required under | 58027 |
| this section a copy of the form prescribed pursuant to division | 58028 |
| (C)(1) of section 109.572 of the Revised Code and a standard | 58029 |
| impression sheet to obtain fingerprint impressions prescribed | 58030 |
| pursuant to division (C)(2) of that section, obtain the completed | 58031 |
| form and impression sheet from that person, and forward the | 58032 |
| completed form and impression sheet to the superintendent of the | 58033 |
| bureau of criminal identification and investigation. | 58034 |
| (C) A person who receives pursuant to division (B) of this | 58035 |
| section a copy of the form and standard impression sheet described | 58036 |
| in that division and who is requested to complete the form and | 58037 |
| provide a set of fingerprint impressions shall complete the form | 58038 |
| or provide all the information necessary to complete the form and | 58039 |
| shall provide the impression sheet with the impressions of the | 58040 |
| person's fingerprints. If the person, upon request, fails to | 58041 |
| provide the information necessary to complete the form or fails to | 58042 |
| provide impressions of the person's fingerprints, the director may | 58043 |
| consider the failure as a reason to deny licensure or | 58044 |
| certification. | 58045 |
| (D) Except as provided in rules adopted under division (G) of | 58046 |
| this section, the director of job and family services shall not | 58047 |
| grant a license to a child day-care center or type A family | 58048 |
| day-care home and a county director of job and family services | 58049 |
| shall not certify a type B family day-care home if a person for | 58050 |
| whom a criminal records check was required in connection with the | 58051 |
| center or home previously has been convicted of or pleaded guilty | 58052 |
|
to any of the violations described in division (A) | 58053 |
| section 109.572 of the Revised Code. | 58054 |
| (E) Each child day-care center, type A family day-care home, | 58055 |
| and type B family day-care home shall pay to the bureau of | 58056 |
| criminal identification and investigation the fee prescribed | 58057 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 58058 |
| for each criminal records check conducted in accordance with that | 58059 |
| section upon a request made pursuant to division (A) of this | 58060 |
| section. | 58061 |
| (F) The report of any criminal records check conducted by the | 58062 |
| bureau of criminal identification and investigation in accordance | 58063 |
| with section 109.572 of the Revised Code and pursuant to a request | 58064 |
| made under division (A) of this section is not a public record for | 58065 |
| the purposes of section 149.43 of the Revised Code and shall not | 58066 |
| be made available to any person other than the person who is the | 58067 |
| subject of the criminal records check or the person's | 58068 |
| representative, the director of job and family services, the | 58069 |
| director of a county department of job and family services, the | 58070 |
| center, type A home, or type B home involved, and any court, | 58071 |
| hearing officer, or other necessary individual involved in a case | 58072 |
| dealing with a denial of licensure or certification related to the | 58073 |
| criminal records check. | 58074 |
| (G) The director of job and family services shall adopt rules | 58075 |
| pursuant to Chapter 119. of the Revised Code to implement this | 58076 |
| section, including rules specifying exceptions to the prohibition | 58077 |
| in division (D) of this section for persons who have been | 58078 |
| convicted of an offense listed in that division but who meet | 58079 |
|
standards in regard to rehabilitation set by the | 58080 |
| director. | 58081 |
| (H) As used in this section, "criminal records check" has the | 58082 |
| same meaning as in section 109.572 of the Revised Code. | 58083 |
| Sec. 5104.051. (A)(1) The department of commerce is | 58084 |
| responsible for the inspections of child day-care centers as | 58085 |
| required by division (A)(1) of section 5104.05 of the Revised | 58086 |
| Code. Where there is a municipal, township, or county building | 58087 |
| department certified under section 3781.10 of the Revised Code to | 58088 |
| exercise enforcement authority with respect to the category of | 58089 |
| building occupancy which includes day-care centers, all | 58090 |
| inspections required under division (A)(1) of section 5104.05 of | 58091 |
| the Revised Code shall be made by that department according to the | 58092 |
| standards established by the board of building standards. | 58093 |
| Inspections in areas of the state where there is no municipal, | 58094 |
| township, or county building department certified under section | 58095 |
| 3781.10 of the Revised Code to exercise enforcement authority with | 58096 |
| respect to the category of building occupancy which includes | 58097 |
| day-care centers shall be made by personnel of the department of | 58098 |
| commerce. Inspections of centers shall be contingent upon payment | 58099 |
| of a fee by the applicant to the department having jurisdiction to | 58100 |
| inspect. | 58101 |
| (2) The department of commerce is responsible for the | 58102 |
| inspections of type A family day-care homes as required by | 58103 |
| division (B)(3) of section 5104.05 of the Revised Code. Where | 58104 |
| there is a municipal, township, or county building department | 58105 |
| certified under section 3781.10 of the Revised Code to exercise | 58106 |
| enforcement authority with respect to the category of building | 58107 |
| occupancy which includes type A homes, all inspections required | 58108 |
| under division (B)(3) of section 5104.05 of the Revised Code shall | 58109 |
| be made by that department according to the standards established | 58110 |
| by the board of building standards. Inspections in areas of the | 58111 |
| state where there is no municipal, township, or county building | 58112 |
| department certified under section 3781.10 of the Revised Code to | 58113 |
| exercise enforcement authority with respect to the category of | 58114 |
| building occupancy which includes type A homes shall be made by | 58115 |
| personnel of the department of commerce. Inspections of type A | 58116 |
| homes shall be contingent upon payment of a fee by the applicant | 58117 |
| to the department having jurisdiction to inspect. | 58118 |
| (B) The state fire marshal is responsible for the inspections | 58119 |
| required by divisions (A)(2) and (B)(1) of section 5104.05 of the | 58120 |
| Revised Code. In municipal corporations and in townships outside | 58121 |
| municipal corporations where there is a fire prevention official, | 58122 |
| the inspections shall be made by the fire chief or the fire | 58123 |
| prevention official under the supervision of and according to the | 58124 |
| standards established by the state fire marshal. In townships | 58125 |
| outside municipal corporations where there is no fire prevention | 58126 |
| official, inspections shall be made by the employees of the state | 58127 |
| fire marshal. | 58128 |
| (C) The state fire marshal shall enforce all statutes and | 58129 |
| rules pertaining to fire safety and fire prevention in child | 58130 |
| day-care centers and type A family day-care homes. In the event of | 58131 |
| a dispute between the state fire marshal and any other responsible | 58132 |
| officer under sections 5104.05 and 5104.051 of the Revised Code | 58133 |
| with respect to the interpretation or application of a specific | 58134 |
| fire safety statute or rule, the interpretation of the state fire | 58135 |
| marshal shall prevail. | 58136 |
| (D) As used in this division, "licensor" has the same meaning | 58137 |
| as in section 3717.01 of the Revised Code. | 58138 |
| The licensor for food service operations in the city or | 58139 |
| general health district in which the center is located is | 58140 |
| responsible for the inspections required under Chapter 3717. of | 58141 |
| the Revised Code. | 58142 |
| (E) Any moneys collected by the department of commerce under | 58143 |
| this section shall be paid into the state treasury to the credit | 58144 |
|
of the | 58145 |
| section 121.084 of the Revised Code. | 58146 |
| Sec. 5104.09. (A)(1) Except as provided in rules adopted | 58147 |
| pursuant to division (D) of this section, no individual who has | 58148 |
| been convicted of or pleaded guilty to a violation described in | 58149 |
|
division (A) | 58150 |
| violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, | 58151 |
| 2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 | 58152 |
| of the Revised Code or a violation of an existing or former law or | 58153 |
| ordinance of any municipal corporation, this state, any other | 58154 |
| state, or the United States that is substantially equivalent to | 58155 |
| any of those violations, or two violations of section 4511.19 of | 58156 |
| the Revised Code during operation of the center or home shall be | 58157 |
| certified as an in-home aide or be employed in any capacity in or | 58158 |
| own or operate a child day-care center, type A family day-care | 58159 |
| home, type B family day-care home, or certified type B family | 58160 |
| day-care home. | 58161 |
| (2) Each employee of a child day-care center and type A home | 58162 |
| and every person eighteen years of age or older residing in a type | 58163 |
| A home shall sign a statement on forms prescribed by the director | 58164 |
| of job and family services attesting to the fact that the employee | 58165 |
| or resident person has not been convicted of or pleaded guilty to | 58166 |
| any offense set forth in division (A)(1) of this section and that | 58167 |
| no child has been removed from the employee's or resident person's | 58168 |
| home pursuant to section 2151.353 of the Revised Code. Each | 58169 |
| licensee of a type A home shall sign a statement on a form | 58170 |
| prescribed by the director attesting to the fact that no person | 58171 |
| who resides at the type A home and who is under the age of | 58172 |
| eighteen has been adjudicated a delinquent child for committing a | 58173 |
| violation of any section listed in division (A)(1) of this | 58174 |
| section. The statements shall be kept on file at the center or | 58175 |
| type A home. | 58176 |
| (3) Each in-home aide and every person eighteen years of age | 58177 |
| or older residing in a certified type B home shall sign a | 58178 |
| statement on forms prescribed by the director of job and family | 58179 |
| services attesting that the aide or resident person has not been | 58180 |
| convicted of or pleaded guilty to any offense set forth in | 58181 |
| division (A)(1) of this section and that no child has been removed | 58182 |
| from the aide's or resident person's home pursuant to section | 58183 |
| 2151.353 of the Revised Code. Each authorized provider shall sign | 58184 |
| a statement on forms prescribed by the director attesting that the | 58185 |
| provider has not been convicted of or pleaded guilty to any | 58186 |
| offense set forth in division (A)(1) of this section and that no | 58187 |
| child has been removed from the provider's home pursuant to | 58188 |
| section 2151.353 of the Revised Code. Each authorized provider | 58189 |
| shall sign a statement on a form prescribed by the director | 58190 |
| attesting to the fact that no person who resides at the certified | 58191 |
| type B home and who is under the age of eighteen has been | 58192 |
| adjudicated a delinquent child for committing a violation of any | 58193 |
| section listed in division (A)(1) of this section. The statements | 58194 |
| shall be kept on file at the county department of job and family | 58195 |
| services. | 58196 |
| (4) Each administrator and licensee of a center or type A | 58197 |
| home shall sign a statement on a form prescribed by the director | 58198 |
| of job and family services attesting that the administrator or | 58199 |
| licensee has not been convicted of or pleaded guilty to any | 58200 |
| offense set forth in division (A)(1) of this section and that no | 58201 |
| child has been removed from the administrator's or licensee's home | 58202 |
| pursuant to section 2151.353 of the Revised Code. The statement | 58203 |
| shall be kept on file at the center or type A home. | 58204 |
| (B) No in-home aide, no administrator, licensee, authorized | 58205 |
| provider, or employee of a center, type A home, or certified type | 58206 |
| B home, and no person eighteen years of age or older residing in a | 58207 |
| type A home or certified type B home shall withhold information | 58208 |
| from, or falsify information on, any statement required pursuant | 58209 |
| to division (A)(2), (3), or (4) of this section. | 58210 |
| (C) No administrator, licensee, or child-care staff member | 58211 |
| shall discriminate in the enrollment of children in a child | 58212 |
| day-care center upon the basis of race, color, religion, sex, or | 58213 |
| national origin. | 58214 |
| (D) The director of job and family services shall adopt rules | 58215 |
| pursuant to Chapter 119. of the Revised Code to implement this | 58216 |
| section, including rules specifying exceptions to the prohibition | 58217 |
| in division (A) of this section for persons who have been | 58218 |
| convicted of an offense listed in that division but meet | 58219 |
|
rehabilitation standards set by the | 58220 |
| Sec. 5104.37. (A) As used in this section, "eligible | 58221 |
| provider" means an individual or entity eligible to provide | 58222 |
| publicly funded child care pursuant to section 5104.31 of the | 58223 |
| Revised Code. | 58224 |
| (B) The department of job and family services may withhold | 58225 |
|
any money due | 58226 |
|
appropriate method any money erroneously paid | 58227 |
| if evidence exists of less than full compliance with this chapter | 58228 |
| and any rules adopted under it. | 58229 |
| (C) Notwithstanding any other provision of this chapter to | 58230 |
| the contrary, the department shall take action against an eligible | 58231 |
| provider as described in this section. | 58232 |
| (D) The department immediately shall suspend a contract | 58233 |
| entered into with an eligible provider under section 5104.32 of | 58234 |
| the Revised Code when the department initiates an investigation | 58235 |
| concerning the eligible provider for either of the following | 58236 |
| reasons: | 58237 |
| (1) The eligible provider receives an improper child care | 58238 |
| payment. | 58239 |
| (2) The department receives notice and a copy of an | 58240 |
| indictment, information, or complaint charging the eligible | 58241 |
| provider or the owner or operator of the provider with committing | 58242 |
| any of the following: | 58243 |
| (a) An act that is a felony or misdemeanor relating to | 58244 |
| providing or billing for publicly funded child care or providing | 58245 |
| management or administrative services relating to providing | 58246 |
| publicly funded child care; | 58247 |
| (b) An act that would constitute an offense described in | 58248 |
| section 5104.09 of the Revised Code. | 58249 |
| (E)(1) Except as provided in division (E)(2) of this section, | 58250 |
| the suspension of a contract under division (D) of this section | 58251 |
| shall continue until the department completes its investigation or | 58252 |
| all criminal charges are disposed of through dismissal, a finding | 58253 |
| of not guilty, conviction, or a plea of guilty. | 58254 |
| (2) If the department initiates the termination of a contract | 58255 |
| that has been suspended pursuant to division (D) of this section, | 58256 |
| the suspension shall continue until the termination process is | 58257 |
| completed. | 58258 |
| (F) An eligible provider shall not provide publicly funded | 58259 |
| child care while the provider's contract is under suspension | 58260 |
| pursuant to division (D) of this section. As of the date the | 58261 |
| eligible provider's contract is suspended, the department shall | 58262 |
| withhold payment to the eligible provider for publicly funded | 58263 |
| child care. | 58264 |
| (G) Not later than five days after suspending an eligible | 58265 |
| provider's contract pursuant to division (D) of this section, the | 58266 |
| department shall notify the eligible provider. The notice shall | 58267 |
| include all of the following: | 58268 |
| (1) A description of the investigation or indictment, | 58269 |
| information, or complaint that resulted in the suspension, which | 58270 |
| need not disclose specific information concerning any ongoing | 58271 |
| administrative or criminal investigation; | 58272 |
| (2) A statement that the eligible provider is prohibited from | 58273 |
| providing publicly funded child care while the contract is under | 58274 |
| suspension; | 58275 |
| (3) A statement that the suspension will continue until the | 58276 |
| department completes its investigation or all criminal charges are | 58277 |
| disposed of through dismissal, a finding of not guilty, | 58278 |
| conviction, or a plea of guilty, and that if the department | 58279 |
| initiates the termination of the contract, the suspension will | 58280 |
| continue until the termination process is completed. | 58281 |
| Sec. 5107.05. The director of job and family services shall | 58282 |
| adopt rules to implement this chapter. The rules shall be | 58283 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 58284 |
| law, the Title IV-A state plan submitted to the United States | 58285 |
| secretary of health and human services under section 5101.80 of | 58286 |
| the Revised Code, amendments to the plan, and waivers granted by | 58287 |
| the United States secretary. Rules governing eligibility, program | 58288 |
| participation, and other applicant and participant requirements | 58289 |
| shall be adopted in accordance with Chapter 119. of the Revised | 58290 |
| Code. Rules governing financial and other administrative | 58291 |
| requirements applicable to the department of job and family | 58292 |
| services and county departments of job and family services shall | 58293 |
| be adopted in accordance with section 111.15 of the Revised Code. | 58294 |
| (A) The rules shall specify, establish, or govern all of the | 58295 |
| following: | 58296 |
| (1) A payment standard for Ohio works first based on federal | 58297 |
| and state appropriations that is increased in accordance with | 58298 |
| section 5107.04 of the Revised Code; | 58299 |
| (2) For the purpose of section 5107.04 of the Revised Code, | 58300 |
| the method of determining the amount of cash assistance an | 58301 |
| assistance group receives under Ohio works first; | 58302 |
| (3) Requirements for initial and continued eligibility for | 58303 |
| Ohio works first, including requirements regarding income, | 58304 |
| citizenship, age, residence, and assistance group composition; | 58305 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 58306 |
| application and verification procedures, including the minimum | 58307 |
| information an application must contain; | 58308 |
| (5) The extent to which a participant of Ohio works first | 58309 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 58310 |
| county department of job and family services of additional income | 58311 |
| not previously reported to the county department; | 58312 |
| (6) For the purpose of section 5107.16 of the Revised Code, | 58313 |
| all of the following: | 58314 |
| (a) Standards for the determination of good cause for failure | 58315 |
| or refusal to comply in full with a provision of a | 58316 |
| self-sufficiency contract; | 58317 |
| (b) The compliance form a member of an assistance group may | 58318 |
| complete to indicate willingness to come into full compliance with | 58319 |
| a provision of a self-sufficiency contract; | 58320 |
| (c) The manner by which the compliance form is to be | 58321 |
| completed and provided to a county department of job and family | 58322 |
| services. | 58323 |
| (7) The department of job and family services providing | 58324 |
| written notice of a sanction under section 5107.161 of the Revised | 58325 |
| Code; | 58326 |
| (8) For the purpose of division (A)(2) of section 5107.17 of | 58327 |
| the Revised Code, the period of time by which a county department | 58328 |
| of job and family services is to receive a compliance form | 58329 |
| established in rules adopted under division (A)(6)(b) of this | 58330 |
| section; | 58331 |
| (9) Requirements for the collection and distribution of | 58332 |
| support payments owed participants of Ohio works first pursuant to | 58333 |
| section 5107.20 of the Revised Code; | 58334 |
| (10) For the purpose of section 5107.22 of the Revised Code, | 58335 |
| what constitutes cooperating in establishing a minor child's | 58336 |
| paternity or establishing, modifying, or enforcing a child support | 58337 |
| order and good cause for failure or refusal to cooperate; | 58338 |
| (11) The requirements governing the LEAP program, including | 58339 |
| the definitions of "equivalent of a high school diploma" and "good | 58340 |
| cause," and the incentives provided under the LEAP program; | 58341 |
| (12) If the director implements section 5107.301 of the | 58342 |
| Revised Code, the requirements governing the award provided under | 58343 |
| that section, including the form that the award is to take and | 58344 |
| requirements an individual must satisfy to receive the award; | 58345 |
| (13) Circumstances under which a county department of job and | 58346 |
| family services may exempt a minor head of household or adult from | 58347 |
| participating in a work activity or developmental activity for all | 58348 |
| or some of the weekly hours otherwise required by section 5107.43 | 58349 |
| of the Revised Code. | 58350 |
| (14) The maximum amount of time the department will subsidize | 58351 |
| positions created by state agencies and political subdivisions | 58352 |
| under division (C) of section 5107.52 of the Revised Code; | 58353 |
| (15) The implementation of sections 5107.71 to 5107.717 of | 58354 |
| the Revised Code by county departments of job and family services; | 58355 |
| (16) A domestic violence screening process to be used for the | 58356 |
| purpose of division (A) of section 5107.71 of the Revised Code; | 58357 |
| (17) The minimum frequency with which county departments of | 58358 |
| job and family services must redetermine a member of an assistance | 58359 |
| group's need for a waiver issued under section 5107.714 of the | 58360 |
| Revised Code. | 58361 |
| (B) The rules adopted under division (A)(3) of this section | 58362 |
| regarding income shall specify what is countable income, gross | 58363 |
| earned income, and gross unearned income for the purpose of | 58364 |
| section 5107.10 of the Revised Code. | 58365 |
| The rules adopted under division (A)(10) of this section | 58366 |
| shall be consistent with 42 U.S.C. 654(29). | 58367 |
| The rules adopted under division (A)(13) of this section | 58368 |
| shall specify that the circumstances include that a school or | 58369 |
| place of work is closed due to a holiday or weather or other | 58370 |
| emergency and that an employer grants the minor head of household | 58371 |
| or adult leave for illness or earned vacation. | 58372 |
| (C) The rules may provide that a county department of job and | 58373 |
| family services is not required to take action under section | 58374 |
|
5107.76 of the Revised Code to recover an erroneous payment | 58375 |
| 58376 | |
| the rules specify. | 58377 |
| Sec. 5111.031. (A) As used in this section: | 58378 |
| (1) "Independent provider" has the same meaning as in section | 58379 |
| 5111.034 of the Revised Code. | 58380 |
| (2) "Intermediate care facility for the mentally retarded" | 58381 |
| and "nursing facility" have the same meanings as in section | 58382 |
| 5111.20 of the Revised Code. | 58383 |
| (3) "Noninstitutional medicaid provider" means any person or | 58384 |
| entity with a medicaid provider agreement other than a hospital, | 58385 |
| nursing facility, or intermediate care facility for the mentally | 58386 |
| retarded. | 58387 |
| (4) "Owner" means any person having at least five per cent | 58388 |
| ownership in a noninstitutional medicaid provider. | 58389 |
| (B) Notwithstanding any provision of this chapter to the | 58390 |
| contrary, the department of job and family services shall take | 58391 |
| action under this section against a noninstitutional medicaid | 58392 |
| provider or its owner, officer, authorized agent, associate, | 58393 |
| manager, or employee. | 58394 |
| (C) Except as provided in division (D) of this section and in | 58395 |
| rules adopted by the department under division (H) of this | 58396 |
| section, on receiving notice and a copy of an indictment that is | 58397 |
| issued on or after September 29, 2007, and charges a | 58398 |
| noninstitutional medicaid provider or its owner, officer, | 58399 |
| authorized agent, associate, manager, or employee with committing | 58400 |
| an offense specified in division (E) of this section, the | 58401 |
| department shall suspend the provider agreement held by the | 58402 |
| noninstitutional medicaid provider. Subject to division (D) of | 58403 |
| this section, the department shall also terminate medicaid | 58404 |
| reimbursement to the provider for services rendered. | 58405 |
| The suspension shall continue in effect until the proceedings | 58406 |
| in the criminal case are completed through dismissal of the | 58407 |
| indictment or through conviction, entry of a guilty plea, or | 58408 |
| finding of not guilty. If the department commences a process to | 58409 |
| terminate the suspended provider agreement, the suspension shall | 58410 |
| also continue in effect until the termination process is | 58411 |
| concluded. | 58412 |
| Pursuant to section 5111.06 of the Revised Code, the | 58413 |
| department is not required to take action under this division by | 58414 |
| issuing an order pursuant to an adjudication conducted in | 58415 |
| accordance with Chapter 119. of the Revised Code. | 58416 |
| When subject to a suspension under this division, a provider, | 58417 |
| owner, officer, authorized agent, associate, manager, or employee | 58418 |
| shall not own or provide services to any other medicaid provider | 58419 |
| or risk contractor or arrange for, render, or order services for | 58420 |
| medicaid recipients during the period of suspension. During the | 58421 |
| period of suspension, the provider, owner, officer, authorized | 58422 |
| agent, associate, manager, or employee shall not receive | 58423 |
| reimbursement in the form of direct payments from the department | 58424 |
| or indirect payments of medicaid funds in the form of salary, | 58425 |
| shared fees, contracts, kickbacks, or rebates from or through any | 58426 |
| participating provider or risk contractor. | 58427 |
| (D)(1) The department shall not suspend a provider agreement | 58428 |
| or terminate medicaid reimbursement under division (C) of this | 58429 |
| section if the provider or owner can demonstrate through the | 58430 |
| submission of written evidence that the provider or owner did not | 58431 |
| directly or indirectly sanction the action of its authorized | 58432 |
| agent, associate, manager, or employee that resulted in the | 58433 |
| indictment. | 58434 |
| (2) The termination of medicaid reimbursement applies only to | 58435 |
| payments for medicaid services rendered subsequent to the date on | 58436 |
| which the notice required under division (F) of this section is | 58437 |
| sent. Claims for reimbursement for medicaid services rendered by | 58438 |
| the provider prior to the issuance of the notice may be subject to | 58439 |
| prepayment review procedures whereby the department reviews claims | 58440 |
| to determine whether they are supported by sufficient | 58441 |
| documentation, are in compliance with state and federal statutes | 58442 |
| and rules, and are otherwise complete. | 58443 |
| (E)(1) In the case of a noninstitutional medicaid provider | 58444 |
| that is not an independent provider, the suspension of a provider | 58445 |
| agreement under division (C) of this section applies when an | 58446 |
| indictment charges a person with committing an act that would be a | 58447 |
| felony or misdemeanor under the laws of this state and the act | 58448 |
| relates to or results from either of the following: | 58449 |
| (a) Furnishing or billing for medical care, services, or | 58450 |
| supplies under the medicaid program; | 58451 |
| (b) Participating in the performance of management or | 58452 |
| administrative services relating to furnishing medical care, | 58453 |
| services, or supplies under the medicaid program. | 58454 |
| (2) In the case of a noninstitutional medicaid provider that | 58455 |
| is an independent provider, the suspension of a provider agreement | 58456 |
| under division (C) of this section applies when an indictment | 58457 |
|
charges a person with committing an act that would constitute | 58458 |
| 58459 | |
|
offense as defined in section | 58460 |
| Code. | 58461 |
| (F) Not later than five days after suspending a provider | 58462 |
| agreement under division (C) of this section, the department shall | 58463 |
| send notice of the suspension to the affected provider or owner. | 58464 |
| In providing the notice, the department shall do all of the | 58465 |
| following: | 58466 |
| (1) Describe the indictment that was the cause of the | 58467 |
| suspension, without necessarily disclosing specific information | 58468 |
| concerning any ongoing civil or criminal investigation; | 58469 |
| (2) State that the suspension will continue in effect until | 58470 |
| the proceedings in the criminal case are completed through | 58471 |
| dismissal of the indictment or through conviction, entry of a | 58472 |
| guilty plea, or finding of not guilty and, if the department | 58473 |
| commences a process to terminate the suspended provider agreement, | 58474 |
| until the termination process is concluded; | 58475 |
| (3) Inform the provider or owner of the opportunity to submit | 58476 |
| to the department, not later than thirty days after receiving the | 58477 |
| notice, a request for a reconsideration pursuant to division (G) | 58478 |
| of this section. | 58479 |
| (G)(1) Pursuant to the procedure specified in division (G)(2) | 58480 |
| of this section, a noninstitutional medicaid provider or owner | 58481 |
| subject to a suspension under this section may request a | 58482 |
| reconsideration. The request shall be made not later than thirty | 58483 |
| days after receipt of the notice provided under division (F) of | 58484 |
| this section. The reconsideration is not subject to an | 58485 |
| adjudication hearing pursuant to Chapter 119. of the Revised Code. | 58486 |
| (2) In requesting a reconsideration, the provider or owner | 58487 |
| shall submit written information and documents to the department. | 58488 |
| The information and documents may pertain to any of the following | 58489 |
| issues: | 58490 |
| (a) Whether the determination to suspend the provider | 58491 |
| agreement was based on a mistake of fact, other than the validity | 58492 |
| of the indictment; | 58493 |
| (b) Whether any offense charged in the indictment resulted | 58494 |
| from an offense specified in division (E) of this section; | 58495 |
| (c) Whether the provider or owner can demonstrate that the | 58496 |
| provider or owner did not directly or indirectly sanction the | 58497 |
| action of its authorized agent, associate, manager, or employee | 58498 |
| that resulted in the indictment. | 58499 |
| (3) The department shall review the information and documents | 58500 |
| submitted in a request for reconsideration. After the review, the | 58501 |
| suspension may be affirmed, reversed, or modified, in whole or in | 58502 |
| part. The department shall notify the affected provider or owner | 58503 |
| of the results of the review. The review and notification of its | 58504 |
| results shall be completed not later than forty-five days after | 58505 |
| receiving the information and documents submitted in a request for | 58506 |
| reconsideration. | 58507 |
| (H) The department may adopt rules in accordance with Chapter | 58508 |
| 119. of the Revised Code to implement this section. The rules may | 58509 |
| specify circumstances under which the department would not suspend | 58510 |
| a provider agreement pursuant to this section. | 58511 |
| Sec. 5111.032. (A) As used in this section: | 58512 |
| (1) "Criminal records check" has the same meaning as in | 58513 |
| section 109.572 of the Revised Code. | 58514 |
| (2) | 58515 |
| 58516 |
| | 58517 |
| (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, | 58518 |
| 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, | 58519 |
| 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, | 58520 |
| 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, | 58521 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 58522 |
| 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 58523 |
| 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, | 58524 |
| 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, | 58525 |
| 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, | 58526 |
| 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, | 58527 |
| 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, | 58528 |
| 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23, | 58529 |
| 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24, | 58530 |
| 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, | 58531 |
| 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, | 58532 |
| 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, | 58533 |
| 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, | 58534 |
| 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; | 58535 |
| (b) Felonious sexual penetration in violation of former | 58536 |
| section 2907.12 of the Revised Code; | 58537 |
| (c) A violation of section 2905.04 of the Revised Code as it | 58538 |
| existed prior to July 1, 1996; | 58539 |
| (d) A violation of section 2923.01, 2923.02, or 2923.03 of | 58540 |
| the Revised Code when the underlying offense that is the object of | 58541 |
| the conspiracy, attempt, or complicity is one of the offenses | 58542 |
| listed in division (A)(2)(a) to (c) of this section; | 58543 |
| (e) A violation of an existing or former municipal ordinance | 58544 |
| or law of this state, any other state, or the United States that | 58545 |
| is substantially equivalent to any of the offenses listed in | 58546 |
| division (A)(2)(a) to (d) of this section. | 58547 |
| (3) "Owner" means a person who has an ownership interest in a | 58548 |
|
provider or applicant to be a provider in an amount designated | 58549 |
| 58550 | |
| this section. | 58551 |
| (4) "Person subject to the criminal records check | 58552 |
| requirement" means the following: | 58553 |
| (a) A provider or applicant to be a provider who is notified | 58554 |
| under division (E)(1) of this section that the provider or | 58555 |
| applicant is subject to a criminal records check; | 58556 |
| (b) An owner or prospective owner, officer or prospective | 58557 |
| officer, or board member or prospective board member of a provider | 58558 |
| or applicant to be a provider if, pursuant to division (E)(1)(a) | 58559 |
| of this section, the owner or prospective owner, officer or | 58560 |
| prospective officer, or board member or prospective board member | 58561 |
| is specified in information given to the provider or applicant | 58562 |
| under division (E)(1) of this section; | 58563 |
| (c) An employee or prospective employee of a provider or | 58564 |
| applicant to be a provider if both of the following apply: | 58565 |
| (i) The employee or prospective employee is specified, | 58566 |
| pursuant to division (E)(1)(b) of this section, in information | 58567 |
| given to the provider or applicant under division (E)(1) of this | 58568 |
| section. | 58569 |
| (ii) The provider or applicant is not prohibited by division | 58570 |
| (D)(3)(b) of this section from employing the employee or | 58571 |
| prospective employee. | 58572 |
| (5) "Provider" means a person, institution, or entity that | 58573 |
| has a medicaid provider agreement with the department of job and | 58574 |
|
family services | 58575 |
| 58576 |
| (6) "Responsible entity" means the following: | 58577 |
| (a) With respect to a criminal records check required under | 58578 |
| this section for a provider or applicant to be a provider, the | 58579 |
| department of job and family services or the department's | 58580 |
| designee; | 58581 |
| (b) With respect to a criminal records check required under | 58582 |
| this section for an owner or prospective owner, officer or | 58583 |
| prospective officer, board member or prospective board member, or | 58584 |
| employee or prospective employee of a provider or applicant to be | 58585 |
| a provider, the provider or applicant. | 58586 |
| (B) | 58587 |
| 58588 | |
| to a criminal records check under section 3712.09, 3721.121, | 58589 |
| 5111.034, 5123.081, or 5123.169 of the Revised Code or any | 58590 |
| individual who is subject to a database review or criminal records | 58591 |
| check under section 173.394, 3701.881, or 5111.033 of the Revised | 58592 |
| Code. | 58593 |
| (C) The department of job and family services may | 58594 |
| any of the following: | 58595 |
| (1) Require that any provider | 58596 |
| 58597 | |
| 58598 | |
| 58599 | |
| 58600 | |
| 58601 | |
| 58602 | |
| 58603 | |
| 58604 | |
| 58605 | |
| 58606 | |
| 58607 |
| | 58608 |
| 58609 | |
| 58610 | |
| 58611 |
| (2) Require that any provider or applicant to be a provider | 58612 |
| require an owner or prospective owner, officer or prospective | 58613 |
| officer, or board member or prospective board member of the | 58614 |
| provider or applicant submit to a criminal records check as a | 58615 |
| condition of being an owner, officer, or board member of the | 58616 |
| provider or applicant; | 58617 |
| (3) Require that any provider or applicant to be a provider | 58618 |
| do the following: | 58619 |
| (a) If so required by rules adopted under this section, | 58620 |
| determine pursuant to a database review conducted under division | 58621 |
| (F)(1)(a) of this section whether any employee or prospective | 58622 |
| employee of the provider or applicant is included in a database; | 58623 |
| (b) Unless the provider or applicant is prohibited by | 58624 |
| division (D)(3)(b) of this section from employing the employee or | 58625 |
| prospective employee, require the employee or prospective employee | 58626 |
| to submit to a criminal records check as a condition of being an | 58627 |
| employee of the provider or applicant. | 58628 |
| (D)(1) The department or the department's designee shall | 58629 |
| terminate a provider's medicaid provider agreement or deny an | 58630 |
| applicant's application for a medicaid provider agreement if the | 58631 |
| provider or applicant is a person subject to the criminal records | 58632 |
| check requirement and either of the following applies: | 58633 |
| (a) The provider or applicant fails to obtain the criminal | 58634 |
| records check after being given the information specified in | 58635 |
| division (G)(1) of this section. | 58636 |
| (b) Except as provided in rules adopted under this section, | 58637 |
| the provider or applicant is found by the criminal records check | 58638 |
| to have been convicted of, pleaded guilty to, or been found | 58639 |
| eligible for intervention in lieu of conviction for a | 58640 |
| disqualifying offense, regardless of the date of the conviction, | 58641 |
| the date of entry of the guilty plea, or the date the applicant or | 58642 |
| provider was found eligible for intervention in lieu of | 58643 |
| conviction. | 58644 |
| (2) No provider or applicant to be a provider shall permit a | 58645 |
| person to be an owner, officer, or board member of the provider or | 58646 |
| applicant if the person is a person subject to the criminal | 58647 |
| records check requirement and either of the following applies: | 58648 |
| (a) The person fails to obtain the criminal records check | 58649 |
| after being given the information specified in division (G)(1) of | 58650 |
| this section. | 58651 |
| (b) Except as provided in rules adopted under this section, | 58652 |
| the person is found by the criminal records check to have been | 58653 |
| convicted of, pleaded guilty to, or been found eligible for | 58654 |
| intervention in lieu of conviction for a disqualifying offense, | 58655 |
| regardless of the date of the conviction, the date of entry of the | 58656 |
| guilty plea, or the date the person was found eligible for | 58657 |
| intervention in lieu of conviction. | 58658 |
| (3) No provider or applicant to be a provider shall employ a | 58659 |
| person if any of the following apply: | 58660 |
| (a) The person has been excluded from providing services or | 58661 |
| items under the medicaid program, the medicare program operated | 58662 |
| pursuant to Title XVIII of the "Social Security Act," or any other | 58663 |
| federal health care program. | 58664 |
| (b) If the person is subject to a database review conducted | 58665 |
| under division (F)(1)(a) of this section, the person is found by | 58666 |
| the database review to be included in a database and the rules | 58667 |
| adopted under this section regarding the database review prohibit | 58668 |
| the provider or applicant from employing a person included in the | 58669 |
| database. | 58670 |
| (c) If the person is a person subject to the criminal records | 58671 |
| check requirement, either of the following applies: | 58672 |
| (i) The person fails to obtain the criminal records check | 58673 |
| after being given the information specified in division (G)(1) of | 58674 |
| this section. | 58675 |
| (ii) Except as provided in rules adopted under this section, | 58676 |
| the person is found by the criminal records check to have been | 58677 |
| convicted of, pleaded guilty to, or been found eligible for | 58678 |
| intervention in lieu of conviction for a disqualifying offense, | 58679 |
| regardless of the date of the conviction, the date of entry of the | 58680 |
| guilty plea, or the date the person was found eligible for | 58681 |
| intervention in lieu of conviction. | 58682 |
| | 58683 |
| inform each provider or applicant to be a provider whether the | 58684 |
| provider or applicant is subject to a criminal records check | 58685 |
| 58686 | |
| information shall be given at times designated in rules adopted | 58687 |
| under this section. For applicants to be providers, the | 58688 |
| information shall be given at the time of initial application. | 58689 |
| When the information is given, the department or the department's | 58690 |
|
designee shall specify | 58691 |
| (a) Which of the provider's or applicant's | 58692 |
| 58693 | |
| prospective officers, or board members or prospective board | 58694 |
|
members are subject to | 58695 |
| (b) Which of the provider's or applicant's employees or | 58696 |
| prospective employees are subject to division (C)(3) of this | 58697 |
| section. | 58698 |
| (2) At times designated in rules adopted under this section, | 58699 |
| a provider or applicant to be a provider that is a person subject | 58700 |
|
to the criminal records check requirement shall | 58701 |
| following: | 58702 |
| (a) Inform each person specified | 58703 |
|
division | 58704 |
|
required | 58705 |
| 58706 | |
| 58707 | |
|
a condition of | 58708 |
|
officer, or board member | 58709 |
| (b) Inform each person specified under division (E)(1)(b) of | 58710 |
| this section that the person is subject to division (C)(3) of this | 58711 |
| section. | 58712 |
| | 58713 |
|
person subject to | 58714 |
| requirement, the department or the department's designee shall | 58715 |
| require the conduct of a criminal records check by the | 58716 |
| superintendent of the bureau of criminal identification and | 58717 |
| 58718 | |
| 58719 | |
| 58720 | |
| 58721 | |
| 58722 | |
| 58723 | |
| 58724 | |
| 58725 | |
| 58726 | |
| 58727 | |
| 58728 | |
| 58729 | |
| 58730 | |
| 58731 | |
| 58732 | |
| 58733 | |
| 58734 |
| | 58735 |
| shall require the conduct of a criminal records check by the | 58736 |
|
superintendent with respect to each of the persons specified | 58737 |
| 58738 | |
| 58739 | |
| 58740 | |
| 58741 | |
| 58742 | |
| 58743 | |
| 58744 | |
| 58745 | |
| 58746 | |
| 58747 | |
| 58748 | |
| 58749 | |
| 58750 | |
| 58751 | |
| 58752 | |
| 58753 | |
| 58754 | |
| employee and prospective employee specified under division | 58755 |
| (E)(1)(b) of this section, a provider or applicant to be a | 58756 |
| provider shall do the following: | 58757 |
| (a) If rules adopted under this section require the provider | 58758 |
| or applicant to conduct a database review to determine whether the | 58759 |
| employee or prospective employee is included in a database, | 58760 |
| conduct the database review in accordance with the rules; | 58761 |
| (b) Unless the provider or applicant is prohibited by | 58762 |
| division (D)(3)(b) of this section from employing the employee or | 58763 |
| prospective employee, require the conduct of a criminal records | 58764 |
| check of the employee or prospective employee by the | 58765 |
| superintendent. | 58766 |
| (2) If a person subject to the criminal records check | 58767 |
| requirement does not present proof of having been a resident of | 58768 |
| this state for the five-year period immediately prior to the date | 58769 |
| the criminal records check is requested or provide evidence that | 58770 |
| within that five-year period the superintendent has requested | 58771 |
| information about the person from the federal bureau of | 58772 |
| investigation in a criminal records check, the responsible entity | 58773 |
| shall require the person to request that the superintendent obtain | 58774 |
| information from the federal bureau of investigation as part of | 58775 |
| the criminal records check of the person. Even if the person | 58776 |
| presents proof of having been a resident of this state for the | 58777 |
| five-year period, the responsible entity may require that the | 58778 |
| person request that the superintendent obtain information from the | 58779 |
| federal bureau of investigation and include it in the criminal | 58780 |
| records check of the person. | 58781 |
| | 58782 |
|
section
| 58783 |
| obtained as follows: | 58784 |
| | 58785 |
| 58786 | |
| requirement information about accessing and completing the form | 58787 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 58788 |
|
Revised Code and the standard | 58789 |
| prescribed pursuant to division (C)(2) of that section. | 58790 |
| | 58791 |
| criminal records check requirement shall submit the required form | 58792 |
| and one complete set of the person's fingerprint impressions | 58793 |
| directly to the superintendent for purposes of conducting the | 58794 |
| criminal records check using the applicable methods prescribed by | 58795 |
|
division (C) of section 109.572 of the Revised Code. The | 58796 |
| 58797 | |
| the criminal records check. | 58798 |
| | 58799 |
| check in accordance with section 109.572 of the Revised Code. The | 58800 |
| 58801 | |
| requirement shall instruct the superintendent to submit the report | 58802 |
|
of the criminal records check directly to the | 58803 |
| 58804 |
| | 58805 |
| 58806 | |
| 58807 |
| | 58808 |
| 58809 | |
| 58810 | |
| 58811 | |
| 58812 | |
| 58813 |
| | 58814 |
| 58815 | |
| 58816 | |
| 58817 | |
| 58818 | |
| 58819 |
| | 58820 |
| 58821 | |
| 58822 | |
| 58823 | |
| 58824 | |
| or the department's designee is not the responsible entity, the | 58825 |
|
department or designee may require the | 58826 |
| to submit the report to the department or designee. | 58827 |
| | 58828 |
| 58829 | |
| 58830 | |
| 58831 | |
| 58832 |
| | 58833 |
| 58834 | |
| 58835 | |
| 58836 |
| | 58837 |
| 58838 | |
| 58839 | |
| 58840 | |
| 58841 | |
| 58842 | |
| 58843 | |
| 58844 | |
| 58845 | |
| 58846 | |
| 58847 |
| | 58848 |
| 58849 | |
| 58850 | |
| 58851 | |
| 58852 | |
| 58853 | |
| 58854 | |
| 58855 | |
| 58856 | |
| 58857 | |
| 58858 | |
| 58859 | |
| 58860 | |
| 58861 | |
| 58862 | |
| 58863 | |
| 58864 | |
| 58865 | |
| 58866 | |
| 58867 | |
| 58868 | |
| 58869 |
| | 58870 |
| 58871 | |
| 58872 | |
| 58873 |
| | 58874 |
| 58875 | |
| 58876 | |
| 58877 | |
| 58878 | |
| 58879 | |
| 58880 | |
| 58881 |
| | 58882 |
| 58883 | |
| 58884 | |
| 58885 |
| | 58886 |
| employ conditionally a person for whom a criminal records check is | 58887 |
|
required | 58888 |
| the criminal records check | 58889 |
| both of the following apply: | 58890 |
| (a) The provider or applicant is not prohibited by division | 58891 |
| (D)(3)(b) of this section from employing the person. | 58892 |
| (b) The person submits a request for | 58893 |
|
check not later than five business days after the
| 58894 |
| person begins conditional employment. | 58895 |
| | 58896 |
|
a person conditionally under
| 58897 |
| of this section shall terminate the person's employment if the | 58898 |
| results of the criminal records check request are not obtained | 58899 |
| within the period ending sixty days after the date the request is | 58900 |
| made. Regardless of when the results of the criminal records check | 58901 |
|
are obtained, if the results indicate that the | 58902 |
| has been convicted of, has pleaded guilty to, or has been found | 58903 |
|
eligible for intervention in lieu of conviction for | 58904 |
| 58905 | |
| disqualifying offense, the provider or applicant shall terminate | 58906 |
| the person's employment unless circumstances specified in rules | 58907 |
| adopted under this section exist that permit the provider or | 58908 |
| applicant to employ the person and the provider or applicant | 58909 |
|
chooses to employ the | 58910 |
| 58911 |
| (I) The report of a criminal records check conducted pursuant | 58912 |
| to this section is not a public record for the purposes of section | 58913 |
| 149.43 of the Revised Code and shall not be made available to any | 58914 |
| person other than the following: | 58915 |
| (1) The person who is the subject of the criminal records | 58916 |
| check or the person's representative; | 58917 |
| (2) The director of job and family services and the staff of | 58918 |
| the department in the administration of the medicaid program; | 58919 |
| (3) The department's designee; | 58920 |
| (4) The provider or applicant to be a provider who required | 58921 |
| the person who is the subject of the criminal records check to | 58922 |
| submit to the criminal records check; | 58923 |
| (5) A court, hearing officer, or other necessary individual | 58924 |
|
involved in a case dealing with | 58925 |
| (a) The denial or termination of a medicaid provider | 58926 |
| agreement; | 58927 |
| | 58928 |
| 58929 | |
| employment, termination of employment, or employment or | 58930 |
| unemployment benefits; | 58931 |
| (c) A civil or criminal action regarding the medicaid | 58932 |
| program. | 58933 |
| (J) The | 58934 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 58935 |
| implement this section. If the director adopts such rules, the | 58936 |
| rules shall designate the times at which a criminal records check | 58937 |
|
must be conducted under this section. The rules may
| 58938 |
| any of the following: | 58939 |
| (1) Designate the categories of persons who are subject to a | 58940 |
| criminal records check under this section; | 58941 |
| (2) Specify circumstances under which the department or the | 58942 |
| department's designee may continue a medicaid provider agreement | 58943 |
| or issue a medicaid provider agreement to an applicant when the | 58944 |
|
provider or applicant
| 58945 |
|
have been convicted of, | 58946 |
|
eligible for intervention in lieu of conviction for | 58947 |
| 58948 | |
| 58949 |
| (3) Specify circumstances under which a provider or applicant | 58950 |
| to be a provider may permit a person to be an employee, owner, | 58951 |
| officer, or board member of the provider or applicant, when the | 58952 |
|
person
| 58953 |
|
pursuant to this section to have been convicted of, | 58954 |
|
guilty to, or | 58955 |
|
conviction for | 58956 |
| 58957 |
| (4) Specify all of the following: | 58958 |
| (a) The circumstances under which a database review must be | 58959 |
| conducted under division (F)(1)(a) of this section to determine | 58960 |
| whether an employee or prospective employee of a provider or | 58961 |
| applicant to be a provider is included in a database; | 58962 |
| (b) The procedures for conducting the database review; | 58963 |
| (c) The databases that are to be checked; | 58964 |
| (d) The circumstances under which a provider or applicant to | 58965 |
| be a provider is prohibited from employing a person who is found | 58966 |
| by the database review to be included in a database. | 58967 |
| Sec. 5111.033. (A) As used in this section: | 58968 |
| | 58969 |
|
consideration for employment | 58970 |
| 58971 | |
| or temporary position that involves providing home and | 58972 |
|
community-based | 58973 |
| 58974 | |
| 58975 | |
| 58976 | |
| 58977 |
| | 58978 |
| section 109.572 of the Revised Code. | 58979 |
| | 58980 |
| 58981 | |
| 58982 | |
| 58983 | |
| 58984 | |
| 58985 | |
| 58986 |
| | 58987 |
| section 5111.032 of the Revised Code. | 58988 |
| "Employee" means a person employed by a waiver agency in a | 58989 |
| full-time, part-time, or temporary position that involves | 58990 |
| providing home and community-based services. | 58991 |
| "Home and community-based | 58992 |
|
component" | 58993 |
| 58994 | |
| 58995 | |
|
meaning as in section 5111.85 of the Revised Code. | 58996 |
| 58997 | |
| 58998 | |
| 58999 |
| "Waiver agency" means a person or government entity that | 59000 |
| provides home and community-based services under a home and | 59001 |
| community-based services medicaid waiver component administered by | 59002 |
| the department of job and family services, other than such a | 59003 |
| person or government entity that is certified under the medicare | 59004 |
| program. "Waiver agency" does not mean an independent provider as | 59005 |
| defined in section 5111.034 of the Revised Code. | 59006 |
| (B) No waiver agency shall employ an applicant or continue to | 59007 |
| employ an employee in a position that involves providing home and | 59008 |
| community-based services if any of the following apply: | 59009 |
| (1) A review of the databases listed in division (D) of this | 59010 |
| section reveals any of the following: | 59011 |
| (a) That the applicant or employee is included in one or more | 59012 |
| of the databases listed in divisions (D)(1) to (5) of this | 59013 |
| section; | 59014 |
| (b) That there is in the state nurse aide registry | 59015 |
| established under section 3721.32 of the Revised Code a statement | 59016 |
| detailing findings by the director of health that the applicant or | 59017 |
| employee neglected or abused a long-term care facility or | 59018 |
| residential care facility resident or misappropriated property of | 59019 |
| such a resident; | 59020 |
| (c) That the applicant or employee is included in one or more | 59021 |
| of the databases, if any, specified in rules adopted under this | 59022 |
| section and the rules prohibit the waiver agency from employing an | 59023 |
| applicant or continuing to employ an employee included in such a | 59024 |
| database in a position that involves providing home and | 59025 |
| community-based services. | 59026 |
| (2) After the applicant or employee is given the information | 59027 |
| and notification required by divisions (E)(2)(a) and (b) of this | 59028 |
| section, the applicant or employee fails to do either of the | 59029 |
| following: | 59030 |
| (a) Access, complete, or forward to the superintendent of the | 59031 |
| bureau of criminal identification and investigation the form | 59032 |
| prescribed to division (C)(1) of section 109.572 of the Revised | 59033 |
| Code or the standard impression sheet prescribed pursuant to | 59034 |
| division (C)(2) of that section; | 59035 |
| (b) Instruct the superintendent to submit the completed | 59036 |
| report of the criminal records check required by this section | 59037 |
| directly to the chief administrator of the waiver agency. | 59038 |
| (3) Except as provided in rules adopted under this section, | 59039 |
| the applicant or employee is found by a criminal records check | 59040 |
| required by this section to have been convicted of, pleaded guilty | 59041 |
| to, or been found eligible for intervention in lieu of conviction | 59042 |
| for a disqualifying offense, regardless of the date of the | 59043 |
| conviction, date of entry of the guilty plea, or the date the | 59044 |
| applicant or employee was found eligible for intervention in lieu | 59045 |
| of conviction. | 59046 |
| (C) At the time of each applicant's initial application for | 59047 |
| employment in a position that involves providing home and | 59048 |
| community-based services, the chief administrator of a waiver | 59049 |
| agency shall inform the applicant of both of the following: | 59050 |
| (1) That a review of the databases listed in division (D) of | 59051 |
| this section will be conducted to determine whether the waiver | 59052 |
| agency is prohibited by division (B)(1) of this section from | 59053 |
| employing the applicant in the position; | 59054 |
| (2) That, unless the database review reveals that the | 59055 |
| applicant may not be employed in the position, a criminal records | 59056 |
| check of the applicant will be conducted and the applicant is | 59057 |
| required to provide a set of the applicant's fingerprint | 59058 |
| impressions as part of the criminal records check. | 59059 |
| (D) As a condition of employing any applicant in a position | 59060 |
| that involves providing home and community-based services, the | 59061 |
| chief administrator of a waiver agency shall conduct a database | 59062 |
| review of the applicant in accordance with rules adopted under | 59063 |
| this section. If rules adopted under this section so require, the | 59064 |
| chief administrator of a waiver agency shall conduct a database | 59065 |
| review of an employee in accordance with the rules as a condition | 59066 |
| of continuing to employ the employee in a position that involves | 59067 |
| providing home and community-based services. A database review | 59068 |
| shall determine whether the applicant or employee is included in | 59069 |
| any of the following: | 59070 |
| (1) The excluded parties list system maintained by the United | 59071 |
| States general services administration pursuant to subpart 9.4 of | 59072 |
| the federal acquisition regulation; | 59073 |
| (2) The list of excluded individuals and entities maintained | 59074 |
| by the office of inspector general in the United States department | 59075 |
| of health and human services pursuant to section 1128 of the | 59076 |
| "Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as | 59077 |
| amended, and section 1156 of the "Social Security Act," 96 Stat. | 59078 |
| 388 (1982), 42 U.S.C. 1320c-5, as amended; | 59079 |
| (3) The registry of MR/DD employees established under section | 59080 |
| 5123.52 of the Revised Code; | 59081 |
| (4) The internet-based sex offender and child-victim offender | 59082 |
| database established under division (A)(11) of section 2950.13 of | 59083 |
| the Revised Code; | 59084 |
| (5) The internet-based database of inmates established under | 59085 |
| section 5120.66 of the Revised Code; | 59086 |
| (6) The state nurse aide registry established under section | 59087 |
| 3721.32 of the Revised Code; | 59088 |
| (7) Any other database, if any, specified in rules adopted | 59089 |
| under this section. | 59090 |
| (E)(1) | 59091 |
| position that involves providing home and community-based | 59092 |
| services, the chief administrator of a waiver agency shall require | 59093 |
| 59094 | |
| bureau of criminal identification and investigation conduct a | 59095 |
|
criminal records check | 59096 |
| adopted under this section so require, the chief administrator of | 59097 |
| a waiver agency shall require an employee to request that the | 59098 |
| superintendent conduct a criminal records check of the employee at | 59099 |
| times specified in the rules as a condition of continuing to | 59100 |
| employ the employee in a position that involves providing home and | 59101 |
| community-based services. However, a criminal records check is not | 59102 |
| required for an applicant or employee if the waiver agency is | 59103 |
| prohibited by division (B)(1) of this section from employing the | 59104 |
| applicant or continuing to employ the employee in a position that | 59105 |
| involves providing home and community-based services. If an | 59106 |
| applicant or employee for whom a criminal records check request is | 59107 |
|
required
| 59108 |
| proof of having been a resident of this state for the five-year | 59109 |
| period immediately prior to the date the criminal records check is | 59110 |
| requested or provide evidence that within that five-year period | 59111 |
| the superintendent has requested information about the applicant | 59112 |
| or employee from the federal bureau of investigation in a criminal | 59113 |
| records check, the chief administrator shall require the applicant | 59114 |
| or employee to request that the superintendent obtain information | 59115 |
| from the federal bureau of investigation as part of the criminal | 59116 |
|
records check | 59117 |
|
for whom a criminal records check request is required | 59118 |
| 59119 | |
| of this state for the five-year period, the chief administrator | 59120 |
| may require the applicant or employee to request that the | 59121 |
| superintendent include information from the federal bureau of | 59122 |
| investigation in the criminal records check. | 59123 |
| (2) The chief administrator shall provide the following to | 59124 |
| each applicant and employee for whom a criminal records check | 59125 |
| 59126 |
| (a) Information about accessing, completing, and forwarding | 59127 |
| to the superintendent of the bureau of criminal identification and | 59128 |
| investigation the form prescribed pursuant to division (C)(1) of | 59129 |
|
section 109.572 of the Revised Code and the standard | 59130 |
| impression sheet prescribed pursuant to division (C)(2) of that | 59131 |
| section; | 59132 |
| (b) Written notification that the applicant or employee is to | 59133 |
| instruct the superintendent to submit the completed report of the | 59134 |
| criminal records check directly to the chief administrator. | 59135 |
| (3) | 59136 |
| 59137 | |
| 59138 | |
| 59139 | |
| 59140 | |
| 59141 | |
| 59142 | |
| 59143 | |
| pay to the bureau of criminal identification and investigation the | 59144 |
| fee prescribed pursuant to division (C)(3) of section 109.572 of | 59145 |
| the Revised Code for any criminal records check required by this | 59146 |
| section. However, a waiver agency may require an applicant to pay | 59147 |
| to the bureau the fee for a criminal records check of the | 59148 |
| applicant. If the waiver agency pays the fee for an applicant, it | 59149 |
| may charge the applicant a fee not exceeding the amount the waiver | 59150 |
| agency pays to the bureau under this section if the waiver agency | 59151 |
| notifies the applicant at the time of initial application for | 59152 |
| employment of the amount of the fee and that, unless the fee is | 59153 |
| paid, the applicant will not be considered for employment. | 59154 |
| | 59155 |
| 59156 | |
| 59157 | |
| 59158 | |
| 59159 | |
| 59160 | |
| 59161 | |
| 59162 | |
| 59163 | |
| 59164 |
| | 59165 |
| 59166 | |
| 59167 | |
| 59168 | |
| 59169 | |
| 59170 | |
| 59171 | |
| 59172 | |
| 59173 | |
| 59174 | |
| 59175 | |
| 59176 | |
| 59177 | |
| 59178 | |
| 59179 | |
| 59180 | |
| 59181 | |
| 59182 | |
| 59183 | |
| 59184 | |
| 59185 | |
| 59186 |
| | 59187 |
| 59188 | |
| 59189 | |
| 59190 |
| | 59191 |
|
applicant for whom a criminal records check | 59192 |
| 59193 | |
|
results of | 59194 |
| 59195 |
| (a) The waiver agency is not prohibited by division (B)(1) of | 59196 |
| this section from employing the applicant in a position that | 59197 |
| involves providing home and community-based services. | 59198 |
| (b) The chief administrator of the waiver agency | 59199 |
| 59200 | |
|
records check regarding the | 59201 |
|
with division | 59202 |
|
business days after the
| 59203 |
| employment. | 59204 |
| | 59205 |
|
conditionally under | 59206 |
|
section shall terminate the | 59207 |
|
the results of the criminal records check | 59208 |
| 59209 | |
| information from the federal bureau of investigation, are not | 59210 |
| obtained within the period ending sixty days after the date the | 59211 |
| request for the criminal records check is made. Regardless of when | 59212 |
| the results of the criminal records check are obtained, if the | 59213 |
|
results indicate that the | 59214 |
| of, has pleaded guilty to, or has been found eligible for | 59215 |
|
intervention in lieu of conviction for | 59216 |
| 59217 | |
|
offense, the waiver agency shall terminate the | 59218 |
| applicant's employment unless circumstances specified in rules | 59219 |
| adopted under this section exist that permit the waiver agency to | 59220 |
| employ the applicant and the waiver agency chooses to employ the | 59221 |
| 59222 |
| | 59223 |
| 59224 | |
| 59225 | |
| 59226 | |
| 59227 | |
| 59228 |
| | 59229 |
| 59230 | |
| 59231 | |
| 59232 | |
| 59233 | |
| 59234 | |
| 59235 |
| | 59236 |
| pursuant to a request made under this section is not a public | 59237 |
| record for the purposes of section 149.43 of the Revised Code and | 59238 |
| shall not be made available to any person other than the | 59239 |
| following: | 59240 |
| (1) The | 59241 |
|
of the criminal records check or the | 59242 |
| of the applicant or employee; | 59243 |
| (2) The chief administrator of the waiver agency | 59244 |
| that requires the applicant or employee to request the criminal | 59245 |
| records check or the administrator's representative; | 59246 |
| (3) | 59247 |
| services and the staff of the department in the administration of | 59248 |
| the medicaid program; | 59249 |
| (4) A court, hearing officer, or other necessary individual | 59250 |
|
involved in a case dealing with | 59251 |
| (a) A denial of employment of the applicant or | 59252 |
| 59253 |
| (b) Employment or unemployment benefits of the applicant or | 59254 |
| employee; | 59255 |
| (c) A civil or criminal action regarding the medicaid | 59256 |
| program. | 59257 |
| | 59258 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 59259 |
|
Code to implement this section.
| 59260 |
| (1) The rules may do the following: | 59261 |
| (a) Require employees to undergo database reviews and | 59262 |
| criminal records checks under this section; | 59263 |
| (b) If the rules require employees to undergo database | 59264 |
| reviews and criminal records checks under this section, exempt one | 59265 |
| or more classes of employees from the requirements; | 59266 |
| (c) For the purpose of division (D)(7) of this section, | 59267 |
| specify other databases that are to be checked as part of a | 59268 |
| database review conducted under this section. | 59269 |
| (2) The rules shall specify all of the following: | 59270 |
| (a) The procedures for conducting a database review under | 59271 |
| this section; | 59272 |
| (b) If the rules require employees to undergo database | 59273 |
| reviews and criminal records checks under this section, the times | 59274 |
| at which the database reviews and criminal records checks are to | 59275 |
| be conducted; | 59276 |
| (c) If the rules specify other databases to be checked as | 59277 |
| part of a database review, the circumstances under which a waiver | 59278 |
| agency is prohibited from employing an applicant or continuing to | 59279 |
| employ an employee who is found by the database review to be | 59280 |
| included in one or more of those databases; | 59281 |
| (d) The circumstances under which a waiver agency may employ | 59282 |
| 59283 | |
| records check required by this section to have been convicted of, | 59284 |
| 59285 | |
|
in lieu of conviction for | 59286 |
| 59287 |
| | 59288 |
| 59289 | |
| 59290 | |
| 59291 | |
| 59292 | |
| 59293 | |
| 59294 |
| | 59295 |
| 59296 | |
| 59297 | |
| 59298 | |
| 59299 | |
| 59300 |
| | 59301 |
| 59302 |
| | 59303 |
| 59304 | |
| 59305 | |
| 59306 |
| | 59307 |
| 59308 |
| | 59309 |
| 59310 |
| (I) The amendments made by ...B... to this section do not | 59311 |
| preclude the department of job and family services from taking | 59312 |
| action against a person for failure to comply with former division | 59313 |
| (H) of this section as that division existed on the day preceding | 59314 |
| the effective date of this amendment. | 59315 |
| Sec. 5111.034. (A) As used in this section: | 59316 |
| | 59317 |
| of the provider agreement relating to the independent provider or | 59318 |
| sixty days after September 26, 2003. | 59319 |
| | 59320 |
| a medicaid provider agreement to provide home and community-based | 59321 |
| services as an independent provider under a home and | 59322 |
| community-based medicaid waiver component administered by the | 59323 |
| department of job and family services. | 59324 |
| "Criminal records check" has the same meaning as in section | 59325 |
| 109.572 of the Revised Code. | 59326 |
| | 59327 |
| 59328 |
| | 59329 |
| as in section 5111.032 of the Revised Code. | 59330 |
| "Independent provider" means a person who | 59331 |
| 59332 | |
| provider agreement to provide home and community-based services as | 59333 |
| an independent provider in a home and community-based services | 59334 |
| medicaid waiver component administered by the department of job | 59335 |
|
and family services | 59336 |
| 59337 | |
| 59338 |
| | 59339 |
|
component" has the same meaning as in section | 59340 |
| the Revised Code. | 59341 |
| (B) The department of job and family services or the | 59342 |
| department's designee shall deny an applicant's application for a | 59343 |
| medicaid provider agreement and shall terminate an independent | 59344 |
| provider's medicaid provider agreement if either of the following | 59345 |
| applies: | 59346 |
| (1) After the applicant or independent provider is given the | 59347 |
| information and notification required by divisions (D)(2)(a) and | 59348 |
| (b) of this section, the applicant or independent provider fails | 59349 |
| to do either of the following: | 59350 |
| (a) Access, complete, or forward to the superintendent of the | 59351 |
| bureau of criminal identification and investigation the form | 59352 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 59353 |
| Revised Code or the standard impression sheet prescribed pursuant | 59354 |
| to division (C)(2) of that section; | 59355 |
| (b) Instruct the superintendent to submit the completed | 59356 |
| report of the criminal records check required by this section | 59357 |
| directly to the department or the department's designee. | 59358 |
| (2) Except as provided in rules adopted under this section, | 59359 |
| the applicant or independent provider is found by a criminal | 59360 |
| records check required by this section to have been convicted of, | 59361 |
| pleaded guilty to, or been found eligible for intervention in lieu | 59362 |
| of conviction for a disqualifying offense, regardless of the date | 59363 |
| of the conviction, the date of entry of the guilty plea, or the | 59364 |
| date the applicant or independent provider was found eligible for | 59365 |
| intervention in lieu of conviction. | 59366 |
| (C)(1) The department | 59367 |
|
department's designee shall inform each | 59368 |
| applicant, at the time of initial application for a medicaid | 59369 |
|
provider agreement | 59370 |
| 59371 | |
|
that the | 59372 |
| set of the applicant's fingerprint impressions and that a criminal | 59373 |
|
records check is required to be conducted | 59374 |
| 59375 | |
| 59376 | |
| department's approving the application. | 59377 |
| (2) Beginning on September 26, 2003, the department or the | 59378 |
|
department's designee shall inform each | 59379 |
| independent provider on or before the time of the anniversary date | 59380 |
|
of the medicaid provider agreement | 59381 |
| 59382 | |
| that the independent provider is required to provide a set of the | 59383 |
| independent provider's fingerprint impressions and that a criminal | 59384 |
| records check is required to be conducted. | 59385 |
| | 59386 |
|
require | 59387 |
| criminal records check prior to entering into a medicaid provider | 59388 |
|
agreement with the | 59389 |
| department or the department's designee shall require an | 59390 |
| independent provider to complete a criminal records check at least | 59391 |
|
annually | 59392 |
|
whom a criminal records check is required | 59393 |
| this section does not present proof of having been a resident of | 59394 |
| this state for the five-year period immediately prior to the date | 59395 |
| the criminal records check is requested or provide evidence that | 59396 |
| within that five-year period the superintendent of the bureau of | 59397 |
| criminal identification and investigation has requested | 59398 |
| information about the applicant or independent provider from the | 59399 |
| federal bureau of investigation in a criminal records check, the | 59400 |
| department or the department's designee shall request that the | 59401 |
| applicant or independent provider obtain through the | 59402 |
| superintendent a criminal records request from the federal bureau | 59403 |
| of investigation as part of the criminal records check of the | 59404 |
| applicant or independent provider. Even if an applicant or | 59405 |
| independent provider for whom a criminal records check request is | 59406 |
|
required | 59407 |
| having been a resident of this state for the five-year period, the | 59408 |
| department or the department's designee may request that the | 59409 |
| applicant or independent provider obtain information through the | 59410 |
| superintendent from the federal bureau of investigation in the | 59411 |
| criminal records check. | 59412 |
| (2) The department or the department's designee shall provide | 59413 |
| the following to each applicant and independent provider for whom | 59414 |
|
a criminal records check | 59415 |
| 59416 |
| (a) Information about accessing, completing, and forwarding | 59417 |
| to the superintendent of the bureau of criminal identification and | 59418 |
| investigation the form prescribed pursuant to division (C)(1) of | 59419 |
|
section 109.572 of the Revised Code and the standard | 59420 |
| impression sheet prescribed pursuant to division (C)(2) of that | 59421 |
| section; | 59422 |
| (b) Written notification that the applicant or independent | 59423 |
| provider is to instruct the superintendent to submit the completed | 59424 |
| report of the criminal records check directly to the department or | 59425 |
| the department's designee. | 59426 |
| (3) | 59427 |
| 59428 | |
| 59429 | |
| 59430 | |
| 59431 | |
| 59432 | |
| 59433 | |
| independent provider for whom a criminal records check is required | 59434 |
| by this section shall pay to the bureau of criminal identification | 59435 |
| and investigation the fee prescribed pursuant to division (C)(3) | 59436 |
| of section 109.572 of the Revised Code for the criminal records | 59437 |
| check conducted of the applicant or independent provider. | 59438 |
| | 59439 |
| 59440 | |
| 59441 | |
| 59442 | |
| 59443 | |
| 59444 | |
| 59445 | |
| 59446 | |
| 59447 |
| | 59448 |
| 59449 | |
| 59450 | |
| 59451 | |
| 59452 | |
| 59453 | |
| 59454 | |
| 59455 | |
| 59456 | |
| 59457 | |
| 59458 | |
| 59459 | |
| 59460 | |
| 59461 | |
| 59462 | |
| 59463 | |
| 59464 | |
| 59465 | |
| 59466 | |
| 59467 | |
| 59468 | |
| 59469 |
| | 59470 |
| 59471 | |
| 59472 | |
| 59473 |
| | 59474 |
| 59475 | |
| 59476 | |
| 59477 | |
| 59478 |
| | 59479 |
| the bureau of criminal identification and investigation in | 59480 |
| accordance with section 109.572 of the Revised Code and pursuant | 59481 |
|
to a request made under | 59482 |
| public record for the purposes of section 149.43 of the Revised | 59483 |
| Code and shall not be made available to any person other than the | 59484 |
| following: | 59485 |
| (1) The person who is the subject of the criminal records | 59486 |
| check or the person's representative; | 59487 |
| (2) | 59488 |
|
services and the staff of the department | 59489 |
| 59490 |
| (3) The department's designee; | 59491 |
| (4) An individual who receives home and community-based | 59492 |
| services from the person who is the subject of the criminal | 59493 |
| records check; | 59494 |
| (5) A court, hearing officer, or other necessary individual | 59495 |
|
involved in a case dealing with | 59496 |
| (a) A denial or termination of a provider agreement related | 59497 |
| to the criminal records check; | 59498 |
| (b) A civil or criminal action regarding the medicaid | 59499 |
| program. | 59500 |
| | 59501 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 59502 |
| Code to implement this section. The rules shall specify | 59503 |
| circumstances under which the department or the department's | 59504 |
|
designee may either | 59505 |
| 59506 | |
| independent provider to maintain an existing medicaid provider | 59507 |
|
agreement
| 59508 |
| 59509 | |
|
to have been convicted of,
| 59510 |
|
found eligible for intervention in lieu of conviction for | 59511 |
| 59512 | |
| 59513 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 59514 |
| 5111.061 and 5111.063 of the Revised Code: | 59515 |
| (a) "Provider" means any person, institution, or entity that | 59516 |
| furnishes medicaid services under a provider agreement with the | 59517 |
| department of job and family services pursuant to Title XIX of the | 59518 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 59519 |
| amended. | 59520 |
| (b) "Party" has the same meaning as in division (G) of | 59521 |
| section 119.01 of the Revised Code. | 59522 |
| (c) "Adjudication" has the same meaning as in division (D) of | 59523 |
| section 119.01 of the Revised Code. | 59524 |
| (2) This section does not apply to | 59525 |
| following: | 59526 |
| (a) Any action taken or decision made by the department of | 59527 |
| job and family services with respect to entering into or refusing | 59528 |
| to enter into a contract with a managed care organization pursuant | 59529 |
| to section 5111.17 of the Revised Code; | 59530 |
| (b) Any action taken by the department under | 59531 |
| 59532 |
| (B) Except as provided in division (D) of this section and | 59533 |
| section 5111.914 of the Revised Code, the department shall do | 59534 |
| either of the following by issuing an order pursuant to an | 59535 |
| adjudication conducted in accordance with Chapter 119. of the | 59536 |
| Revised Code: | 59537 |
| (1) Enter into or refuse to enter into a provider agreement | 59538 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 59539 |
| an existing provider agreement with a provider; | 59540 |
| (2) Take any action based upon a final fiscal audit of a | 59541 |
| provider. | 59542 |
| (C) Any party who is adversely affected by the issuance of an | 59543 |
| adjudication order under division (B) of this section may appeal | 59544 |
| to the court of common pleas of Franklin county in accordance with | 59545 |
| section 119.12 of the Revised Code. | 59546 |
| (D) The department is not required to comply with division | 59547 |
| (B)(1) of this section whenever any of the following occur: | 59548 |
| (1) The terms of a provider agreement require the provider to | 59549 |
| hold a license, permit, or certificate or maintain a certification | 59550 |
| issued by an official, board, commission, department, division, | 59551 |
| bureau, or other agency of state or federal government other than | 59552 |
| the department of job and family services, and the license, | 59553 |
| permit, certificate, or certification has been denied, revoked, | 59554 |
| not renewed, suspended, or otherwise limited. | 59555 |
| (2) The terms of a provider agreement require the provider to | 59556 |
| hold a license, permit, or certificate or maintain certification | 59557 |
| issued by an official, board, commission, department, division, | 59558 |
| bureau, or other agency of state or federal government other than | 59559 |
| the department of job and family services, and the provider has | 59560 |
| not obtained the license, permit, certificate, or certification. | 59561 |
| (3) The provider agreement is denied, terminated, or not | 59562 |
| renewed due to the termination, refusal to renew, or denial of a | 59563 |
| license, permit, certificate, or certification by an official, | 59564 |
| board, commission, department, division, bureau, or other agency | 59565 |
| of this state other than the department of job and family | 59566 |
| services, notwithstanding the fact that the provider may hold a | 59567 |
| license, permit, certificate, or certification from an official, | 59568 |
| board, commission, department, division, bureau, or other agency | 59569 |
| of another state. | 59570 |
| (4) The provider agreement is denied, terminated, or not | 59571 |
| renewed pursuant to division (C) or (F) of section 5111.03 of the | 59572 |
| Revised Code. | 59573 |
| (5) The provider agreement is denied, terminated, or not | 59574 |
| renewed due to the provider's termination, suspension, or | 59575 |
| exclusion from the medicare program established under Title XVIII | 59576 |
| of the "Social Security Act" or from another state's medicaid | 59577 |
| program and, in either case, the termination, suspension, or | 59578 |
| exclusion is binding on the provider's participation in the | 59579 |
| medicaid program in this state. | 59580 |
| (6) The provider agreement is denied, terminated, or not | 59581 |
| renewed due to the provider's pleading guilty to or being | 59582 |
| convicted of a criminal activity materially related to either the | 59583 |
| medicare or medicaid program. | 59584 |
| (7) The provider agreement is denied, terminated, or | 59585 |
| suspended as a result of action by the United States department of | 59586 |
| health and human services and that action is binding on the | 59587 |
| provider's participation in the medicaid program. | 59588 |
| (8) Pursuant to either section 5111.031 or 5111.035 of the | 59589 |
| Revised Code, the provider agreement is suspended and payments to | 59590 |
| the provider are suspended pending indictment of the provider. | 59591 |
| (9) The provider agreement is denied, terminated, or not | 59592 |
| renewed because the provider or its owner, officer, authorized | 59593 |
| agent, associate, manager, or employee has been convicted of one | 59594 |
| of the offenses that caused the provider agreement to be suspended | 59595 |
| pursuant to section 5111.031 of the Revised Code. | 59596 |
| (10) The provider agreement is converted under section | 59597 |
| 5111.028 of the Revised Code from a provider agreement that is not | 59598 |
| time-limited to a provider agreement that is time-limited. | 59599 |
| (11) The provider agreement is terminated or an application | 59600 |
| for re-enrollment is denied because the provider has failed to | 59601 |
| apply for re-enrollment within the time or in the manner specified | 59602 |
| for re-enrollment pursuant to section 5111.028 of the Revised | 59603 |
| Code. | 59604 |
| (12) The provider agreement is suspended or terminated, or an | 59605 |
| application for enrollment or re-enrollment is denied, for any | 59606 |
| reason authorized or required by one or more of the following: 42 | 59607 |
| C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450. | 59608 |
| (13) The provider agreement is terminated or not renewed | 59609 |
| because the provider has not billed or otherwise submitted a | 59610 |
| medicaid claim to the department for two years or longer. | 59611 |
| (14) The provider agreement is denied, terminated, or not | 59612 |
| renewed because the provider fails to provide to the department | 59613 |
| the national provider identifier assigned the provider by the | 59614 |
| national provider system pursuant to 45 C.F.R. 162.408. | 59615 |
| In the case of a provider described in division (D)(13) or | 59616 |
| (14) of this section, the department may take its proposed action | 59617 |
| against a provider agreement by sending a notice explaining the | 59618 |
| proposed action to the provider. The notice shall be sent to the | 59619 |
| provider's address on record with the department. The notice may | 59620 |
| be sent by regular mail. | 59621 |
| (E) The department may withhold payments for services | 59622 |
| rendered by a medicaid provider under the medicaid program during | 59623 |
| the pendency of proceedings initiated under division (B)(1) of | 59624 |
| this section. If the proceedings are initiated under division | 59625 |
| (B)(2) of this section, the department may withhold payments only | 59626 |
| to the extent that they equal amounts determined in a final fiscal | 59627 |
| audit as being due the state. This division does not apply if the | 59628 |
| department fails to comply with section 119.07 of the Revised | 59629 |
| Code, requests a continuance of the hearing, or does not issue a | 59630 |
| decision within thirty days after the hearing is completed. This | 59631 |
| division does not apply to nursing facilities and intermediate | 59632 |
| care facilities for the mentally retarded as defined in section | 59633 |
| 5111.20 of the Revised Code. | 59634 |
| Sec. 5111.091. | 59635 |
| 59636 | |
|
shall submit | 59637 |
| senate, speaker and minority leader of the house of | 59638 |
| representatives, and the chairpersons of the standing committees | 59639 |
|
of the senate and house of representatives | 59640 |
| primary responsibility for legislation making biennial | 59641 |
| appropriations a report on the establishment and implementation of | 59642 |
| programs designed to control the increase of the cost of the | 59643 |
| medicaid program, increase the efficiency of the medicaid program, | 59644 |
| and promote better health outcomes. In each calendar year, one | 59645 |
| report shall be submitted not later than the last day of June and | 59646 |
| the subsequent report shall be submitted not later than the last | 59647 |
| day of December. | 59648 |
| | 59649 |
| 59650 |
| | 59651 |
| | 59652 |
| | 59653 |
| 59654 |
| | 59655 |
| | 59656 |
| 59657 |
| | 59658 |
| 59659 |
| | 59660 |
| 59661 |
| Sec. 5111.113. (A) As used in this section: | 59662 |
| (1) | 59663 |
| 59664 |
| | 59665 |
| court under division (E) of section 2113.03 of the Revised Code to | 59666 |
| act as a commissioner. | 59667 |
| | 59668 |
| the Revised Code. | 59669 |
| | 59670 |
| petty cash fund that holds the money of a resident of an adult | 59671 |
| care facility or home and that the facility or home manages for | 59672 |
| the resident. | 59673 |
| (4) "Residential facility" means a residential facility | 59674 |
| licensed under section 5119.22 of the Revised Code that provides | 59675 |
| accommodations, supervision, and personal care services for three | 59676 |
| to sixteen unrelated adults. | 59677 |
| (B) Except as provided in divisions (C) and (D) of this | 59678 |
|
section, the owner or operator of | 59679 |
| or residential facility shall transfer to the department of job | 59680 |
| and family services the money in the personal needs allowance | 59681 |
|
account of a resident of the
| 59682 |
| a recipient of the medical assistance program no earlier than | 59683 |
| sixty days but not later than ninety days after the resident dies. | 59684 |
|
The | 59685 |
| money even though the owner or operator of the facility or home | 59686 |
| has not been issued letters testamentary or letters of | 59687 |
| administration concerning the resident's estate. | 59688 |
| (C) If funeral or burial expenses for a resident of | 59689 |
| 59690 | |
| not been paid and the only resource the resident had that could be | 59691 |
| used to pay for the expenses is the money in the resident's | 59692 |
| personal needs allowance account, or all other resources of the | 59693 |
| resident are inadequate to pay the full cost of the expenses, the | 59694 |
| money in the resident's personal needs allowance account shall be | 59695 |
| used to pay for the expenses rather than being transferred to the | 59696 |
| department of job and family services pursuant to division (B) of | 59697 |
| this section. | 59698 |
| (D) If, not later than sixty days after a resident of | 59699 |
| 59700 | |
| letters testamentary or letters of administration are issued, or | 59701 |
| an application for release from administration is filed under | 59702 |
| section 2113.03 of the Revised Code, concerning the resident's | 59703 |
|
estate, the owner or operator of the
| 59704 |
| shall transfer the money in the resident's personal needs | 59705 |
| allowance account to the administrator, executor, commissioner, or | 59706 |
| person who filed the application for release from administration. | 59707 |
| (E) The transfer or use of money in a resident's personal | 59708 |
| needs allowance account in accordance with division (B), (C), or | 59709 |
|
(D) of this section discharges and releases the | 59710 |
| 59711 | |
|
operator of the | 59712 |
| from any source. | 59713 |
| (F) If, sixty-one or more days after a resident of | 59714 |
| 59715 | |
| testamentary or letters of administration are issued, or an | 59716 |
| application for release from administration under section 2113.03 | 59717 |
| of the Revised Code is filed, concerning the resident's estate, | 59718 |
| the department of job and family services shall transfer the funds | 59719 |
| to the administrator, executor, commissioner, or person who filed | 59720 |
| the application, unless the department is entitled to recover the | 59721 |
| money under the medicaid estate recovery program instituted under | 59722 |
| section 5111.11 of the Revised Code. | 59723 |
| Sec. 5111.171. | 59724 |
| may provide financial incentive awards to managed care | 59725 |
| organizations under contract with the department pursuant to | 59726 |
| section 5111.17 of the Revised Code that meet or exceed | 59727 |
| performance standards specified in provider agreements or rules | 59728 |
| adopted by the department. The department may specify in a | 59729 |
| contract with a managed care organization the amounts of financial | 59730 |
| incentive awards, methodology for distributing awards, types of | 59731 |
| awards, and standards for administration by the department. | 59732 |
| | 59733 |
| 59734 | |
| 59735 | |
| 59736 | |
| 59737 | |
| 59738 | |
| 59739 | |
| 59740 |
| | 59741 |
| 59742 | |
| 59743 | |
| 59744 |
| | 59745 |
| 59746 | |
| 59747 |
| Sec. 5111.20. As used in sections 5111.20 to 5111.331 of the | 59748 |
| Revised Code: | 59749 |
| (A) "Allowable costs" are those costs determined by the | 59750 |
| department of job and family services to be reasonable and do not | 59751 |
| include fines paid under sections 5111.35 to 5111.61 and section | 59752 |
| 5111.99 of the Revised Code. | 59753 |
| (B) "Ancillary and support costs" means all reasonable costs | 59754 |
| incurred by a nursing facility other than direct care costs, tax | 59755 |
| costs, or capital costs. "Ancillary and support costs" includes, | 59756 |
| but is not limited to, costs of activities, social services, | 59757 |
| pharmacy consultants, habilitation supervisors, qualified mental | 59758 |
| retardation professionals, program directors, medical and | 59759 |
| habilitation records, program supplies, incontinence supplies, | 59760 |
| food, enterals, dietary supplies and personnel, laundry, | 59761 |
| housekeeping, security, administration, medical equipment, | 59762 |
| utilities, liability insurance, bookkeeping, purchasing | 59763 |
| department, human resources, communications, travel, dues, license | 59764 |
| fees, subscriptions, home office costs not otherwise allocated, | 59765 |
|
legal services, accounting services, minor equipment, | 59766 |
| 59767 | |
| advertising, informational advertising, start-up costs, | 59768 |
| organizational expenses, other interest, property insurance, | 59769 |
| employee training and staff development, employee benefits, | 59770 |
| payroll taxes, and workers' compensation premiums or costs for | 59771 |
| self-insurance claims and related costs as specified in rules | 59772 |
| adopted by the director of job and family services under section | 59773 |
| 5111.02 of the Revised Code, for personnel listed in this | 59774 |
| division. "Ancillary and support costs" also means the cost of | 59775 |
| equipment, including vehicles, acquired by operating lease | 59776 |
| executed before December 1, 1992, if the costs are reported as | 59777 |
| administrative and general costs on the facility's cost report for | 59778 |
| the cost reporting period ending December 31, 1992. | 59779 |
| (C) "Capital costs" means costs of ownership and, in the case | 59780 |
| of an intermediate care facility for the mentally retarded, costs | 59781 |
| of nonextensive renovation. | 59782 |
| (1) "Cost of ownership" means the actual expense incurred for | 59783 |
| all of the following: | 59784 |
| (a) Depreciation and interest on any capital assets that cost | 59785 |
| five hundred dollars or more per item, including the following: | 59786 |
| (i) Buildings; | 59787 |
| (ii) Building improvements that are not approved as | 59788 |
| nonextensive renovations under section 5111.251 of the Revised | 59789 |
| Code; | 59790 |
| (iii) Except as provided in division (B) of this section, | 59791 |
| equipment; | 59792 |
| (iv) In the case of an intermediate care facility for the | 59793 |
| mentally retarded, extensive renovations; | 59794 |
| (v) Transportation equipment. | 59795 |
| (b) Amortization and interest on land improvements and | 59796 |
| leasehold improvements; | 59797 |
| (c) Amortization of financing costs; | 59798 |
| (d) Except as provided in division (K) of this section, lease | 59799 |
| and rent of land, building, and equipment. | 59800 |
| The costs of capital assets of less than five hundred dollars | 59801 |
| per item may be considered capital costs in accordance with a | 59802 |
| provider's practice. | 59803 |
| (2) "Costs of nonextensive renovation" means the actual | 59804 |
| expense incurred by an intermediate care facility for the mentally | 59805 |
| retarded for depreciation or amortization and interest on | 59806 |
| renovations that are not extensive renovations. | 59807 |
| (D) "Capital lease" and "operating lease" shall be construed | 59808 |
| in accordance with generally accepted accounting principles. | 59809 |
| (E) "Case-mix score" means the measure determined under | 59810 |
| section 5111.232 of the Revised Code of the relative direct-care | 59811 |
| resources needed to provide care and habilitation to a resident of | 59812 |
| a nursing facility or intermediate care facility for the mentally | 59813 |
| retarded. | 59814 |
| (F)(1) "Date of licensure," for a facility originally | 59815 |
| licensed as a nursing home under Chapter 3721. of the Revised | 59816 |
| Code, means the date specific beds were originally licensed as | 59817 |
| nursing home beds under that chapter, regardless of whether they | 59818 |
| were subsequently licensed as residential facility beds under | 59819 |
| section 5123.19 of the Revised Code. For a facility originally | 59820 |
| licensed as a residential facility under section 5123.19 of the | 59821 |
| Revised Code, "date of licensure" means the date specific beds | 59822 |
| were originally licensed as residential facility beds under that | 59823 |
| section. | 59824 |
| If nursing home beds licensed under Chapter 3721. of the | 59825 |
| Revised Code or residential facility beds licensed under section | 59826 |
| 5123.19 of the Revised Code were not required by law to be | 59827 |
| licensed when they were originally used to provide nursing home or | 59828 |
| residential facility services, "date of licensure" means the date | 59829 |
| the beds first were used to provide nursing home or residential | 59830 |
| facility services, regardless of the date the present provider | 59831 |
| obtained licensure. | 59832 |
| If a facility adds nursing home beds or residential facility | 59833 |
| beds or extensively renovates all or part of the facility after | 59834 |
| its original date of licensure, it will have a different date of | 59835 |
| licensure for the additional beds or extensively renovated portion | 59836 |
| of the facility, unless the beds are added in a space that was | 59837 |
| constructed at the same time as the previously licensed beds but | 59838 |
| was not licensed under Chapter 3721. or section 5123.19 of the | 59839 |
| Revised Code at that time. | 59840 |
| (2) The definition of "date of licensure" in this section | 59841 |
| applies in determinations of the medicaid reimbursement rate for a | 59842 |
| nursing facility or intermediate care facility for the mentally | 59843 |
| retarded but does not apply in determinations of the franchise | 59844 |
| permit fee for a nursing facility or intermediate care facility | 59845 |
| for the mentally retarded. | 59846 |
| (G) "Desk-reviewed" means that costs as reported on a cost | 59847 |
| report submitted under section 5111.26 of the Revised Code have | 59848 |
| been subjected to a desk review under division (A) of section | 59849 |
| 5111.27 of the Revised Code and preliminarily determined to be | 59850 |
| allowable costs. | 59851 |
| (H) "Direct care costs" means all of the following: | 59852 |
| (1)(a) Costs for registered nurses, licensed practical | 59853 |
| nurses, and nurse aides employed by the facility; | 59854 |
| (b) Costs for direct care staff, administrative nursing | 59855 |
| staff, medical directors, respiratory therapists, and except as | 59856 |
| provided in division (H)(2) of this section, other persons holding | 59857 |
| degrees qualifying them to provide therapy; | 59858 |
| (c) Costs of purchased nursing services; | 59859 |
| (d) Costs of quality assurance; | 59860 |
| (e) Costs of training and staff development, employee | 59861 |
| benefits, payroll taxes, and workers' compensation premiums or | 59862 |
| costs for self-insurance claims and related costs as specified in | 59863 |
| rules adopted by the director of job and family services in | 59864 |
| accordance with Chapter 119. of the Revised Code, for personnel | 59865 |
| listed in divisions (H)(1)(a), (b), and (d) of this section; | 59866 |
| (f) Costs of consulting and management fees related to direct | 59867 |
| care; | 59868 |
| (g) Allocated direct care home office costs. | 59869 |
| (2) In addition to the costs specified in division (H)(1) of | 59870 |
| this section, for nursing facilities only, direct care costs | 59871 |
| include costs of habilitation staff (other than habilitation | 59872 |
| supervisors), medical supplies, oxygen, over-the-counter pharmacy | 59873 |
| products, behavioral and mental health services, physical | 59874 |
| therapists, physical therapy assistants, occupational therapists, | 59875 |
| occupational therapy assistants, speech therapists, audiologists, | 59876 |
| habilitation supplies, wheelchairs, resident transportation, and | 59877 |
| universal precautions supplies. | 59878 |
| (3) In addition to the costs specified in division (H)(1) of | 59879 |
| this section, for intermediate care facilities for the mentally | 59880 |
| retarded only, direct care costs include both of the following: | 59881 |
| (a) Costs for physical therapists and physical therapy | 59882 |
| assistants, occupational therapists and occupational therapy | 59883 |
| assistants, speech therapists, audiologists, habilitation staff | 59884 |
| (including habilitation supervisors), qualified mental retardation | 59885 |
| professionals, program directors, social services staff, | 59886 |
| activities staff, off-site day programming, psychologists and | 59887 |
| psychology assistants, and social workers and counselors; | 59888 |
| (b) Costs of training and staff development, employee | 59889 |
| benefits, payroll taxes, and workers' compensation premiums or | 59890 |
| costs for self-insurance claims and related costs as specified in | 59891 |
| rules adopted under section 5111.02 of the Revised Code, for | 59892 |
| personnel listed in division (H)(3)(a) of this section. | 59893 |
| (4) Costs of other direct-care resources that are specified | 59894 |
| as direct care costs in rules adopted under section 5111.02 of the | 59895 |
| Revised Code. | 59896 |
| (I) "Fiscal year" means the fiscal year of this state, as | 59897 |
| specified in section 9.34 of the Revised Code. | 59898 |
| (J) "Franchise permit fee" means the following: | 59899 |
| (1) In the context of nursing facilities, the fee imposed by | 59900 |
| sections 3721.50 to 3721.58 of the Revised Code; | 59901 |
| (2) In the context of intermediate care facilities for the | 59902 |
| mentally retarded, the fee imposed by sections 5112.30 to 5112.39 | 59903 |
| of the Revised Code. | 59904 |
| (K) "Indirect care costs" means all reasonable costs incurred | 59905 |
| by an intermediate care facility for the mentally retarded other | 59906 |
| than direct care costs, other protected costs, or capital costs. | 59907 |
| "Indirect care costs" includes but is not limited to costs of | 59908 |
| habilitation supplies, pharmacy consultants, medical and | 59909 |
| habilitation records, program supplies, incontinence supplies, | 59910 |
| food, enterals, dietary supplies and personnel, laundry, | 59911 |
| housekeeping, security, administration, liability insurance, | 59912 |
| bookkeeping, purchasing department, human resources, | 59913 |
| communications, travel, dues, license fees, subscriptions, home | 59914 |
| office costs not otherwise allocated, legal services, accounting | 59915 |
| services, minor equipment, maintenance and repairs, help-wanted | 59916 |
| advertising, informational advertising, start-up costs, | 59917 |
| organizational expenses, other interest, property insurance, | 59918 |
| employee training and staff development, employee benefits, | 59919 |
| payroll taxes, and workers' compensation premiums or costs for | 59920 |
| self-insurance claims and related costs as specified in rules | 59921 |
| adopted under section 5111.02 of the Revised Code, for personnel | 59922 |
| listed in this division. Notwithstanding division (C)(1) of this | 59923 |
| section, "indirect care costs" also means the cost of equipment, | 59924 |
| including vehicles, acquired by operating lease executed before | 59925 |
| December 1, 1992, if the costs are reported as administrative and | 59926 |
| general costs on the facility's cost report for the cost reporting | 59927 |
| period ending December 31, 1992. | 59928 |
| (L) "Inpatient days" means | 59929 |
| (1) In the context of a nursing facility, both of the | 59930 |
| following: | 59931 |
| (a) All days during which a resident, regardless of payment | 59932 |
|
source, occupies a bed in a nursing facility | 59933 |
| 59934 | |
| nursing facility's certified capacity under Title XIX | 59935 |
| 59936 |
| (b) Fifty per cent of the days for which payment is made | 59937 |
|
under section | 59938 |
| 59939 | |
| 59940 |
| (2) In the context of an intermediate care facility for the | 59941 |
| mentally retarded, both of the following: | 59942 |
| (a) All days during which a resident, regardless of payment | 59943 |
| source, occupies a bed in an intermediate care facility for the | 59944 |
| mentally retarded that is included in the facility's certified | 59945 |
| capacity under Title XIX; | 59946 |
| (b) All days for which payment is made under section 5111.33 | 59947 |
| of the Revised Code. | 59948 |
| (M) "Intermediate care facility for the mentally retarded" | 59949 |
| means an intermediate care facility for the mentally retarded | 59950 |
| certified as in compliance with applicable standards for the | 59951 |
| medicaid program by the director of health in accordance with | 59952 |
| Title XIX. | 59953 |
| (N) "Maintenance and repair expenses" means, except as | 59954 |
| provided in division (BB)(2) of this section, expenditures that | 59955 |
| are necessary and proper to maintain an asset in a normally | 59956 |
| efficient working condition and that do not extend the useful life | 59957 |
| of the asset two years or more. "Maintenance and repair expenses" | 59958 |
| includes but is not limited to the cost of ordinary repairs such | 59959 |
| as painting and wallpapering. | 59960 |
| (O) "Medicaid days" means | 59961 |
| (1) In the context of a nursing facility, both of the | 59962 |
| following: | 59963 |
| (a) All days during which a resident who is a medicaid | 59964 |
| recipient eligible for nursing facility services occupies a bed in | 59965 |
| a nursing facility that is included in the nursing facility's | 59966 |
|
certified capacity under Title XIX | 59967 |
| (b) Fifty per cent of the days for which payment is made | 59968 |
|
under section | 59969 |
| 59970 | |
| 59971 |
| (2) In the context of an intermediate care facility for the | 59972 |
| mentally retarded, both of the following: | 59973 |
| (a) All days during which a resident who is a medicaid | 59974 |
| recipient eligible for intermediate care facility for the mentally | 59975 |
| retarded services occupies a bed in an intermediate care facility | 59976 |
| for the mentally retarded that is included in the facility's | 59977 |
| certified capacity under Title XIX; | 59978 |
| (b) All days for which payment is made under section 5111.33 | 59979 |
| of the Revised Code. | 59980 |
| (P) "Nursing facility" means a facility, or a distinct part | 59981 |
| of a facility, that is certified as a nursing facility by the | 59982 |
| director of health in accordance with Title XIX and is not an | 59983 |
| intermediate care facility for the mentally retarded. "Nursing | 59984 |
| facility" includes a facility, or a distinct part of a facility, | 59985 |
| that is certified as a nursing facility by the director of health | 59986 |
| in accordance with Title XIX and is certified as a skilled nursing | 59987 |
| facility by the director in accordance with Title XVIII. | 59988 |
| (Q) "Operator" means the person or government entity | 59989 |
| responsible for the daily operating and management decisions for a | 59990 |
| nursing facility or intermediate care facility for the mentally | 59991 |
| retarded. | 59992 |
| (R) "Other protected costs" means costs incurred by an | 59993 |
| intermediate care facility for the mentally retarded for medical | 59994 |
| supplies; real estate, franchise, and property taxes; natural gas, | 59995 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 59996 |
| medical waste collection; allocated other protected home office | 59997 |
| costs; and any additional costs defined as other protected costs | 59998 |
| in rules adopted under section 5111.02 of the Revised Code. | 59999 |
| (S)(1) "Owner" means any person or government entity that has | 60000 |
| at least five per cent ownership or interest, either directly, | 60001 |
| indirectly, or in any combination, in any of the following | 60002 |
| regarding a nursing facility or intermediate care facility for the | 60003 |
| mentally retarded: | 60004 |
| (a) The land on which the facility is located; | 60005 |
| (b) The structure in which the facility is located; | 60006 |
| (c) Any mortgage, contract for deed, or other obligation | 60007 |
| secured in whole or in part by the land or structure on or in | 60008 |
| which the facility is located; | 60009 |
| (d) Any lease or sublease of the land or structure on or in | 60010 |
| which the facility is located. | 60011 |
| (2) "Owner" does not mean a holder of a debenture or bond | 60012 |
| related to the nursing facility or intermediate care facility for | 60013 |
| the mentally retarded and purchased at public issue or a regulated | 60014 |
| lender that has made a loan related to the facility unless the | 60015 |
| holder or lender operates the facility directly or through a | 60016 |
| subsidiary. | 60017 |
| (T) "Patient" includes "resident." | 60018 |
| (U) Except as provided in divisions (U)(1) and (2) of this | 60019 |
| section, "per diem" means a nursing facility's or intermediate | 60020 |
| care facility for the mentally retarded's actual, allowable costs | 60021 |
| in a given cost center in a cost reporting period, divided by the | 60022 |
| facility's inpatient days for that cost reporting period. | 60023 |
| (1) When calculating indirect care costs for the purpose of | 60024 |
| establishing rates under section 5111.241 of the Revised Code, | 60025 |
| "per diem" means an intermediate care facility for the mentally | 60026 |
| retarded's actual, allowable indirect care costs in a cost | 60027 |
| reporting period divided by the greater of the facility's | 60028 |
| inpatient days for that period or the number of inpatient days the | 60029 |
| facility would have had during that period if its occupancy rate | 60030 |
| had been eighty-five per cent. | 60031 |
| (2) When calculating capital costs for the purpose of | 60032 |
| establishing rates under section 5111.251 of the Revised Code, | 60033 |
| "per diem" means a facility's actual, allowable capital costs in a | 60034 |
| cost reporting period divided by the greater of the facility's | 60035 |
| inpatient days for that period or the number of inpatient days the | 60036 |
| facility would have had during that period if its occupancy rate | 60037 |
| had been ninety-five per cent. | 60038 |
| (V) "Provider" means an operator with a provider agreement. | 60039 |
| (W) "Provider agreement" means a contract between the | 60040 |
| department of job and family services and the operator of a | 60041 |
| nursing facility or intermediate care facility for the mentally | 60042 |
| retarded for the provision of nursing facility services or | 60043 |
| intermediate care facility services for the mentally retarded | 60044 |
| under the medicaid program. | 60045 |
| (X) "Purchased nursing services" means services that are | 60046 |
| provided in a nursing facility by registered nurses, licensed | 60047 |
| practical nurses, or nurse aides who are not employees of the | 60048 |
| facility. | 60049 |
| (Y) "Reasonable" means that a cost is an actual cost that is | 60050 |
| appropriate and helpful to develop and maintain the operation of | 60051 |
| patient care facilities and activities, including normal standby | 60052 |
| costs, and that does not exceed what a prudent buyer pays for a | 60053 |
| given item or services. Reasonable costs may vary from provider to | 60054 |
| provider and from time to time for the same provider. | 60055 |
| (Z) "Related party" means an individual or organization that, | 60056 |
| to a significant extent, has common ownership with, is associated | 60057 |
| or affiliated with, has control of, or is controlled by, the | 60058 |
| provider. | 60059 |
| (1) An individual who is a relative of an owner is a related | 60060 |
| party. | 60061 |
| (2) Common ownership exists when an individual or individuals | 60062 |
| possess significant ownership or equity in both the provider and | 60063 |
| the other organization. Significant ownership or equity exists | 60064 |
| when an individual or individuals possess five per cent ownership | 60065 |
| or equity in both the provider and a supplier. Significant | 60066 |
| ownership or equity is presumed to exist when an individual or | 60067 |
| individuals possess ten per cent ownership or equity in both the | 60068 |
| provider and another organization from which the provider | 60069 |
| purchases or leases real property. | 60070 |
| (3) Control exists when an individual or organization has the | 60071 |
| power, directly or indirectly, to significantly influence or | 60072 |
| direct the actions or policies of an organization. | 60073 |
| (4) An individual or organization that supplies goods or | 60074 |
| services to a provider shall not be considered a related party if | 60075 |
| all of the following conditions are met: | 60076 |
| (a) The supplier is a separate bona fide organization. | 60077 |
| (b) A substantial part of the supplier's business activity of | 60078 |
| the type carried on with the provider is transacted with others | 60079 |
| than the provider and there is an open, competitive market for the | 60080 |
| types of goods or services the supplier furnishes. | 60081 |
| (c) The types of goods or services are commonly obtained by | 60082 |
| other nursing facilities or intermediate care facilities for the | 60083 |
| mentally retarded from outside organizations and are not a basic | 60084 |
| element of patient care ordinarily furnished directly to patients | 60085 |
| by the facilities. | 60086 |
| (d) The charge to the provider is in line with the charge for | 60087 |
| the goods or services in the open market and no more than the | 60088 |
| charge made under comparable circumstances to others by the | 60089 |
| supplier. | 60090 |
| (AA) "Relative of owner" means an individual who is related | 60091 |
| to an owner of a nursing facility or intermediate care facility | 60092 |
| for the mentally retarded by one of the following relationships: | 60093 |
| (1) Spouse; | 60094 |
| (2) Natural parent, child, or sibling; | 60095 |
| (3) Adopted parent, child, or sibling; | 60096 |
| (4) Stepparent, stepchild, stepbrother, or stepsister; | 60097 |
| (5) Father-in-law, mother-in-law, son-in-law, | 60098 |
| daughter-in-law, brother-in-law, or sister-in-law; | 60099 |
| (6) Grandparent or grandchild; | 60100 |
| (7) Foster caregiver, foster child, foster brother, or foster | 60101 |
| sister. | 60102 |
| (BB) "Renovation" and "extensive renovation" mean: | 60103 |
| (1) Any betterment, improvement, or restoration of an | 60104 |
| intermediate care facility for the mentally retarded started | 60105 |
| before July 1, 1993, that meets the definition of a renovation or | 60106 |
| extensive renovation established in rules adopted by the director | 60107 |
| of job and family services in effect on December 22, 1992. | 60108 |
| (2) In the case of betterments, improvements, and | 60109 |
| restorations of intermediate care facilities for the mentally | 60110 |
| retarded started on or after July 1, 1993: | 60111 |
| (a) "Renovation" means the betterment, improvement, or | 60112 |
| restoration of an intermediate care facility for the mentally | 60113 |
| retarded beyond its current functional capacity through a | 60114 |
| structural change that costs at least five hundred dollars per | 60115 |
| bed. A renovation may include betterment, improvement, | 60116 |
| restoration, or replacement of assets that are affixed to the | 60117 |
| building and have a useful life of at least five years. A | 60118 |
| renovation may include costs that otherwise would be considered | 60119 |
| maintenance and repair expenses if they are an integral part of | 60120 |
| the structural change that makes up the renovation project. | 60121 |
| "Renovation" does not mean construction of additional space for | 60122 |
| beds that will be added to a facility's licensed or certified | 60123 |
| capacity. | 60124 |
| (b) "Extensive renovation" means a renovation that costs more | 60125 |
| than sixty-five per cent and no more than eighty-five per cent of | 60126 |
| the cost of constructing a new bed and that extends the useful | 60127 |
| life of the assets for at least ten years. | 60128 |
| For the purposes of division (BB)(2) of this section, the | 60129 |
| cost of constructing a new bed shall be considered to be forty | 60130 |
| thousand dollars, adjusted for the estimated rate of inflation | 60131 |
| from January 1, 1993, to the end of the calendar year during which | 60132 |
| the renovation is completed, using the consumer price index for | 60133 |
| shelter costs for all urban consumers for the north central | 60134 |
| region, as published by the United States bureau of labor | 60135 |
| statistics. | 60136 |
| The department of job and family services may treat a | 60137 |
| renovation that costs more than eighty-five per cent of the cost | 60138 |
| of constructing new beds as an extensive renovation if the | 60139 |
| department determines that the renovation is more prudent than | 60140 |
| construction of new beds. | 60141 |
| (CC) "Tax costs" means the costs of taxes imposed under | 60142 |
| Chapter 5751. of the Revised Code, real estate taxes, personal | 60143 |
| property taxes, and corporate franchise taxes. | 60144 |
| (DD) "Title XIX" means Title XIX of the "Social Security | 60145 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 60146 |
| | 60147 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 60148 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 60149 |
| 5111.20 to 5111.331 of the Revised Code and by division (B) of | 60150 |
| this section, the total rate that the department of job and family | 60151 |
| services shall agree to pay for a fiscal year to the provider of a | 60152 |
| nursing facility pursuant to a provider agreement shall equal the | 60153 |
| sum of all of the following: | 60154 |
| (1) The rate for direct care costs determined for the nursing | 60155 |
| facility under section 5111.231 of the Revised Code; | 60156 |
| (2) The rate for ancillary and support costs determined for | 60157 |
| the nursing facility's ancillary and support cost peer group under | 60158 |
| section 5111.24 of the Revised Code; | 60159 |
| (3) The rate for tax costs determined for the nursing | 60160 |
| facility under section 5111.242 of the Revised Code; | 60161 |
| (4) The quality incentive payment paid to the nursing | 60162 |
| facility under section 5111.244 of the Revised Code; | 60163 |
| (5) If the nursing facility qualifies as a critical access | 60164 |
| nursing facility, the critical access incentive payment paid to | 60165 |
| the nursing facility under section 5111.246 of the Revised Code; | 60166 |
| (6) The rate for capital costs determined for the nursing | 60167 |
| facility's capital costs peer group under section 5111.25 of the | 60168 |
| Revised Code. | 60169 |
| (B) The department shall adjust the rates otherwise | 60170 |
| determined under division (A) of this section as directed by the | 60171 |
| general assembly through the enactment of law governing medicaid | 60172 |
| payments to providers of nursing facilities, including any law | 60173 |
| that establishes factors by which the rates are to be adjusted. | 60174 |
| (C) In addition to paying a nursing facility provider the | 60175 |
| total rate determined for the nursing facility under division (A) | 60176 |
| of this section for a fiscal year, the department shall pay the | 60177 |
| provider a quality bonus under section 5111.245 of the Revised | 60178 |
| Code for that fiscal year if the provider's nursing facility is a | 60179 |
| qualifying nursing facility, as defined in that section, for that | 60180 |
| fiscal year. The quality bonus shall not be part of the total | 60181 |
| rate. | 60182 |
| Sec. 5111.23. (A) The department of job and family services | 60183 |
| shall pay a provider for each of the provider's eligible | 60184 |
| intermediate care facilities for the mentally retarded a per | 60185 |
| resident per day rate for direct care costs established | 60186 |
| prospectively for each facility. The department shall establish | 60187 |
| each facility's rate for direct care costs quarterly. | 60188 |
| (B) Each facility's rate for direct care costs shall be based | 60189 |
| on the facility's cost per case-mix unit, subject to the maximum | 60190 |
| costs per case-mix unit established under division (B)(2) of this | 60191 |
| section, from the calendar year preceding the fiscal year in which | 60192 |
| the rate is paid. To determine the rate, the department shall do | 60193 |
| all of the following: | 60194 |
| (1) Determine each facility's cost per case-mix unit for the | 60195 |
| calendar year preceding the fiscal year in which the rate will be | 60196 |
| paid by dividing the facility's desk-reviewed, actual, allowable, | 60197 |
| per diem direct care costs for that year by its average case-mix | 60198 |
| score determined under section 5111.232 of the Revised Code for | 60199 |
| the same calendar year. | 60200 |
| (2)(a) Set the maximum cost per case-mix unit for each peer | 60201 |
| group of intermediate care facilities for the mentally retarded | 60202 |
| with more than eight beds specified in rules adopted under | 60203 |
| division (F) of this section at a percentage above the cost per | 60204 |
| case-mix unit of the facility in the group that has the group's | 60205 |
|
median medicaid | 60206 |
| fiscal year in which the rate will be paid, as calculated under | 60207 |
| division (B)(1) of this section, that is no less than the | 60208 |
| percentage calculated under division (E)(2) of this section. | 60209 |
| (b) Set the maximum cost per case-mix unit for each peer | 60210 |
| group of intermediate care facilities for the mentally retarded | 60211 |
| with eight or fewer beds specified in rules adopted under division | 60212 |
| (F) of this section at a percentage above the cost per case-mix | 60213 |
| unit of the facility in the group that has the group's median | 60214 |
|
medicaid | 60215 |
| year in which the rate will be paid, as calculated under division | 60216 |
| (B)(1) of this section, that is no less than the percentage | 60217 |
| calculated under division (E)(3) of this section. | 60218 |
| (c) In calculating the maximum cost per case-mix unit under | 60219 |
| divisions (B)(2)(a) and (b) of this section for each peer group, | 60220 |
| the department shall exclude from its calculations the cost per | 60221 |
| case-mix unit of any facility in the group that participated in | 60222 |
| the medicaid program under the same operator for less than twelve | 60223 |
| months during the calendar year preceding the fiscal year in which | 60224 |
| the rate will be paid. | 60225 |
| (3) Estimate the rate of inflation for the eighteen-month | 60226 |
| period beginning on the first day of July of the calendar year | 60227 |
| preceding the fiscal year in which the rate will be paid and | 60228 |
| ending on the thirty-first day of December of the fiscal year in | 60229 |
| which the rate will be paid, using the index specified in division | 60230 |
| (C) of this section. If the estimated inflation rate for the | 60231 |
| eighteen-month period is different from the actual inflation rate | 60232 |
| for that period, as measured using the same index, the difference | 60233 |
| shall be added to or subtracted from the inflation rate estimated | 60234 |
| under division (B)(3) of this section for the following fiscal | 60235 |
| year. | 60236 |
| (4) The department shall not recalculate a maximum cost per | 60237 |
| case-mix unit under division (B)(2) of this section or a | 60238 |
| percentage under division (E) of this section based on additional | 60239 |
| information that it receives after the maximum costs per case-mix | 60240 |
| unit or percentages are set. The department shall recalculate a | 60241 |
| maximum cost per case-mix units or percentage only if it made an | 60242 |
| error in computing the maximum cost per case-mix unit or | 60243 |
| percentage based on information available at the time of the | 60244 |
| original calculation. | 60245 |
| (C) The department shall use the following index for the | 60246 |
| purpose of division (B)(3) of this section: | 60247 |
| (1) The employment cost index for total compensation, health | 60248 |
| services component, published by the United States bureau of labor | 60249 |
| statistics; | 60250 |
| (2) If the United States bureau of labor statistics ceases to | 60251 |
| publish the index specified in division (C)(1) of this section, | 60252 |
| the index that is subsequently published by the bureau and covers | 60253 |
| nursing facilities' staff costs. | 60254 |
| (D) Each facility's rate for direct care costs shall be | 60255 |
| determined as follows for each calendar quarter within a fiscal | 60256 |
| year: | 60257 |
| (1) Multiply the lesser of the following by the facility's | 60258 |
| average case-mix score determined under section 5111.232 of the | 60259 |
| Revised Code for the calendar quarter that preceded the | 60260 |
| immediately preceding calendar quarter: | 60261 |
| (a) The facility's cost per case-mix unit for the calendar | 60262 |
| year preceding the fiscal year in which the rate will be paid, as | 60263 |
| determined under division (B)(1) of this section; | 60264 |
| (b) The maximum cost per case-mix unit established for the | 60265 |
| fiscal year in which the rate will be paid for the facility's peer | 60266 |
| group under division (B)(2) of this section; | 60267 |
| (2) Adjust the product determined under division (D)(1) of | 60268 |
| this section by the inflation rate estimated under division (B)(3) | 60269 |
| of this section. | 60270 |
| (E)(1) The department shall calculate the percentage above | 60271 |
| the median cost per case-mix unit determined under division (B)(1) | 60272 |
| of this section for the facility that has the median medicaid | 60273 |
| 60274 | |
| facilities for the mentally retarded with more than eight beds | 60275 |
| that would result in payment of all desk-reviewed, actual, | 60276 |
| allowable direct care costs for eighty and one-half per cent of | 60277 |
|
the medicaid | 60278 |
| 1992. | 60279 |
| (2) The department shall calculate the percentage above the | 60280 |
| median cost per case-mix unit determined under division (B)(1) of | 60281 |
| this section for the facility that has the median medicaid | 60282 |
| 60283 | |
| facilities for the mentally retarded with eight or fewer beds that | 60284 |
| would result in payment of all desk-reviewed, actual, allowable | 60285 |
| direct care costs for eighty and one-half per cent of the medicaid | 60286 |
| 60287 |
| (F) The director of job and family services shall adopt rules | 60288 |
| under section 5111.02 of the Revised Code that specify peer groups | 60289 |
| of intermediate care facilities for the mentally retarded with | 60290 |
| more than eight beds and intermediate care facilities for the | 60291 |
| mentally retarded with eight or fewer beds, based on findings of | 60292 |
| significant per diem direct care cost differences due to geography | 60293 |
| and facility bed-size. The rules also may specify peer groups | 60294 |
| based on findings of significant per diem direct care cost | 60295 |
| differences due to other factors which may include case-mix. | 60296 |
| (G) The department, in accordance with division (D) of | 60297 |
| section 5111.232 of the Revised Code and rules adopted under | 60298 |
| division (F) of that section, may assign case-mix scores or costs | 60299 |
| per case-mix unit if a provider fails to submit assessment data | 60300 |
| necessary to calculate an intermediate care facility for the | 60301 |
| mentally retarded's case-mix score in accordance with that | 60302 |
| section. | 60303 |
| Sec. 5111.242. (A) As used in this section | 60304 |
| | 60305 |
| following: | 60306 |
| | 60307 |
| services' initial determination under this section of nursing | 60308 |
| facilities' rate for tax costs, calendar year 2003; | 60309 |
| | 60310 |
| determinations under division (C) of this section of nursing | 60311 |
| facilities' rate for tax costs, the calendar year the department | 60312 |
| selects. | 60313 |
| | 60314 |
| 60315 | |
| 60316 |
| (B) The department of job and family services shall pay a | 60317 |
| provider for each of the provider's eligible nursing facilities a | 60318 |
| per resident per day rate for tax costs determined under division | 60319 |
| (C) of this section. | 60320 |
| (C) At least once every ten years, the department shall | 60321 |
| determine the rate for tax costs for each nursing facility. The | 60322 |
| rate for tax costs determined under this division for a nursing | 60323 |
| facility shall be used for subsequent years until the department | 60324 |
| redetermines it. To determine a nursing facility's rate for tax | 60325 |
| costs and except as provided in division (D) of this section, the | 60326 |
| department shall divide the nursing facility's desk-reviewed, | 60327 |
| actual, allowable tax costs paid for the applicable calendar year | 60328 |
| by the number of inpatient days the nursing facility would have | 60329 |
| had if its occupancy rate had been one hundred per cent during the | 60330 |
| applicable calendar year. | 60331 |
| (D) If a nursing facility had a credit regarding its real | 60332 |
| estate taxes reflected on its cost report for calendar year 2003, | 60333 |
| the department shall determine its rate for tax costs for the | 60334 |
| period beginning on July 1, 2010, and ending on the first day of | 60335 |
| the fiscal year for which the department first redetermines all | 60336 |
| nursing facilities' rate for tax costs under division (C) of this | 60337 |
| section by dividing the nursing facility's desk-reviewed, actual, | 60338 |
| allowable tax costs paid for calendar year 2004 by the number of | 60339 |
| inpatient days the nursing facility would have had if its | 60340 |
| occupancy rate had been one hundred per cent during calendar year | 60341 |
| 2004. | 60342 |
| Sec. 5111.246. (A) Each fiscal year, the department of job | 60343 |
| and family services shall pay a critical access incentive payment | 60344 |
| to the provider of each nursing facility that qualifies as a | 60345 |
| critical access nursing facility. To qualify as a critical access | 60346 |
| nursing facility for a fiscal year, a nursing facility must meet | 60347 |
| all of the following requirements: | 60348 |
| (1) The nursing facility must be located in an area that, on | 60349 |
| December 31, 2011, was designated an empowerment zone under | 60350 |
| section 1391 of the "Internal Revenue Code of 1986," 107 Stat. | 60351 |
| 543, 26 U.S.C. 1391, as amended. | 60352 |
| (2) The nursing facility must have an occupancy rate of at | 60353 |
| least eighty-five per cent as of the last day of the calendar year | 60354 |
| preceding the fiscal year. | 60355 |
| (3) The nursing facility must have a medicaid utilization | 60356 |
| rate of at least sixty-five per cent as of the last day of the | 60357 |
| calendar year preceding the fiscal year. | 60358 |
| (B) A critical access nursing facility's critical access | 60359 |
| incentive payment for a fiscal year shall equal five per cent of | 60360 |
| the portion of the nursing facility's total rate for the fiscal | 60361 |
| year that is the sum of the rates and payment identified in | 60362 |
| divisions (A)(1) to (4) and (6) of section 5111.222 of the Revised | 60363 |
| Code. | 60364 |
| Sec. 5111.254. (A) The department of job and family services | 60365 |
| shall establish initial rates for a nursing facility with a first | 60366 |
| date of licensure that is on or after July 1, 2006, including a | 60367 |
| facility that replaces one or more existing facilities, or for a | 60368 |
| nursing facility with a first date of licensure before that date | 60369 |
| that was initially certified for the medicaid program on or after | 60370 |
| that date, in the following manner: | 60371 |
| (1) The rate for direct care costs shall be the product of | 60372 |
| the cost per case-mix unit determined under division (D) of | 60373 |
| section 5111.231 of the Revised Code for the facility's peer group | 60374 |
| and the nursing facility's case-mix score. For the purpose of | 60375 |
| division (A)(1) of this section, the nursing facility's case-mix | 60376 |
| score shall be the following: | 60377 |
| (a) Unless the nursing facility replaces an existing nursing | 60378 |
| facility that participated in the medicaid program immediately | 60379 |
| before the replacement nursing facility begins participating in | 60380 |
| the medicaid program, the median annual average case-mix score for | 60381 |
| the nursing facility's peer group; | 60382 |
| (b) If the nursing facility replaces an existing nursing | 60383 |
| facility that participated in the medicaid program immediately | 60384 |
| before the replacement nursing facility begins participating in | 60385 |
| the medicaid program, the semiannual case-mix score most recently | 60386 |
| determined under section 5111.232 of the Revised Code for the | 60387 |
| replaced nursing facility as adjusted, if necessary, to reflect | 60388 |
| any difference in the number of beds in the replaced and | 60389 |
| replacement nursing facilities. | 60390 |
| (2) The rate for ancillary and support costs shall be the | 60391 |
| rate for the facility's peer group determined under division (D) | 60392 |
| of section 5111.24 of the Revised Code. | 60393 |
| (3) The rate for capital costs shall be the rate for the | 60394 |
| facility's peer group determined under division (D) of section | 60395 |
| 5111.25 of the Revised Code. | 60396 |
| (4) The rate for tax costs | 60397 |
| 60398 | |
| facility's peer group in which the facility is placed under | 60399 |
| division (C) of section 5111.24 of the Revised Code. | 60400 |
| (5) The quality incentive payment shall be the mean payment | 60401 |
| made to nursing facilities under section 5111.244 of the Revised | 60402 |
| Code. | 60403 |
| (B) Subject to division (C) of this section, the department | 60404 |
| shall adjust the rates established under division (A) of this | 60405 |
| section effective the first day of July, to reflect new rate | 60406 |
| calculations for all nursing facilities under sections 5111.20 to | 60407 |
| 5111.331 of the Revised Code. | 60408 |
| (C) If a rate for direct care costs is determined under this | 60409 |
| section for a nursing facility using the median annual average | 60410 |
| case-mix score for the nursing facility's peer group, the rate | 60411 |
| shall be redetermined to reflect the replacement nursing | 60412 |
| facility's actual semiannual case-mix score determined under | 60413 |
| section 5111.232 of the Revised Code after the nursing facility | 60414 |
| submits its first two quarterly assessment data that qualify for | 60415 |
| use in calculating a case-mix score in accordance with rules | 60416 |
| authorized by division (E) of section 5111.232 of the Revised | 60417 |
| Code. If the nursing facility's quarterly submissions do not | 60418 |
| qualify for use in calculating a case-mix score, the department | 60419 |
| shall continue to use the median annual average case-mix score for | 60420 |
| the nursing facility's peer group in lieu of the nursing | 60421 |
| facility's semiannual case-mix score until the nursing facility | 60422 |
| submits two consecutive quarterly assessment data that qualify for | 60423 |
| use in calculating a case-mix score. | 60424 |
| Sec. 5111.862. (A) As used in this section: | 60425 |
| "Hospital long-term care unit" has the same meaning as in | 60426 |
| section 3721.50 of the Revised Code. | 60427 |
| "Nursing facility" has the same meaning as in section 5111.20 | 60428 |
| of the Revised Code. | 60429 |
| "Ohio home care program" means the medicaid waiver component | 60430 |
| created under section 5111.861 of the Revised Code. | 60431 |
| "Residential treatment facility" means a residential facility | 60432 |
| licensed by the department of mental health under section 5119.22 | 60433 |
| of the Revised Code, or an institution certified by the department | 60434 |
| of job and family services under section 5103.03 of the Revised | 60435 |
| Code, that serves children and either has more than sixteen beds | 60436 |
| or is part of a campus of multiple facilities or institutions | 60437 |
| that, combined, have a total of more than sixteen beds. | 60438 |
| (B) Subject to division (C) of section 5111.861 of the | 60439 |
| Revised Code, the department of job and family services shall | 60440 |
| establish a home first component for the Ohio home care program. | 60441 |
| An individual is eligible for the Ohio home care program's home | 60442 |
| first component if the individual has been determined to be | 60443 |
| eligible for the Ohio home care program and at least one of the | 60444 |
| following applies: | 60445 |
| (1) If the individual is under twenty-one years of age, the | 60446 |
| individual received inpatient hospital services for at least | 60447 |
| fourteen consecutive days, or had at least three inpatient | 60448 |
| hospital stays during the twelve months, immediately preceding the | 60449 |
| date the individual applies for the Ohio home care program. | 60450 |
| (2) If the individual is at least twenty-one but less than | 60451 |
| sixty years of age, the individual received inpatient hospital | 60452 |
| services for at least fourteen consecutive days immediately | 60453 |
| preceding the date the individual applies for the Ohio home care | 60454 |
| program. | 60455 |
| (3) The individual received private duty nursing services | 60456 |
| under the medicaid program for at least twelve consecutive months | 60457 |
| immediately preceding the date the individual applies for the Ohio | 60458 |
| home care program. | 60459 |
| (4) The individual does not reside in a nursing facility or | 60460 |
| hospital long-term care unit at the time the individual applies | 60461 |
| for the Ohio home care program but is at risk of imminent | 60462 |
| admission to a nursing facility or hospital long-term care unit | 60463 |
| due to a documented loss of a primary caregiver. | 60464 |
| (5) The individual resides in a nursing facility at the time | 60465 |
| the individual applies for the Ohio home care program. | 60466 |
| (6) At the time the individual applies for the Ohio home care | 60467 |
| program, the individual participates in the money follows the | 60468 |
| person demonstration project authorized by section 6071 of the | 60469 |
| "Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended, | 60470 |
| and either resides in a residential treatment facility or | 60471 |
| inpatient hospital setting. | 60472 |
| (C) An individual determined to be eligible for the home | 60473 |
| first component of the Ohio home care program shall be enrolled in | 60474 |
| the Ohio home care program in accordance with rules adopted under | 60475 |
| section 5111.85 of the Revised Code. | 60476 |
| Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710 | 60477 |
| of the Revised Code: | 60478 |
| "Home and community-based services" has the same meaning as | 60479 |
| in section 5123.01 of the Revised Code. | 60480 |
| "ICF/MR services" means intermediate care facility for the | 60481 |
| mentally retarded services covered by the medicaid program that an | 60482 |
| intermediate care facility for the mentally retarded provides to a | 60483 |
| resident of the facility who is a medicaid recipient eligible for | 60484 |
| medicaid-covered intermediate care facility for the mentally | 60485 |
| retarded services. | 60486 |
| "Intermediate care facility for the mentally retarded" means | 60487 |
| an intermediate care facility for the mentally retarded that is | 60488 |
| certified as in compliance with applicable standards for the | 60489 |
| medicaid program by the director of health in accordance with | 60490 |
| Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 | 60491 |
| U.S.C. 1396, as amended, and licensed as a residential facility | 60492 |
| under section 5123.19 of the Revised Code. | 60493 |
| "Residential facility" has the same meaning as in section | 60494 |
| 5123.19 of the Revised Code. | 60495 |
| (B) For the purpose of increasing the number of slots | 60496 |
| available for home and community-based services and subject to | 60497 |
| sections 5111.877 and 5111.878 of the Revised Code, the operator | 60498 |
| of an intermediate care facility for the mentally retarded may | 60499 |
| convert some or all of the beds in the facility from providing | 60500 |
| ICF/MR services to providing home and community-based services if | 60501 |
| all of the following requirements are met: | 60502 |
| (1) The operator provides the directors of health | 60503 |
| 60504 | |
| days' notice of the operator's intent to make the conversion. | 60505 |
| (2) The operator complies with the requirements of sections | 60506 |
| 5111.65 to 5111.689 of the Revised Code regarding a voluntary | 60507 |
| termination as defined in section 5111.65 of the Revised Code if | 60508 |
| those requirements are applicable. | 60509 |
| (3) If the operator intends to convert all of the facility's | 60510 |
| beds, the operator notifies each of the facility's residents that | 60511 |
| the facility is to cease providing ICF/MR services and inform each | 60512 |
| resident that the resident may do either of the following: | 60513 |
| (a) Continue to receive ICF/MR services by transferring to | 60514 |
| another facility that is an intermediate care facility for the | 60515 |
| mentally retarded willing and able to accept the resident if the | 60516 |
| resident continues to qualify for ICF/MR services; | 60517 |
| (b) Begin to receive home and community-based services | 60518 |
| instead of ICF/MR services from any provider of home and | 60519 |
| community-based services that is willing and able to provide the | 60520 |
| services to the resident if the resident is eligible for the | 60521 |
| services and a slot for the services is available to the resident. | 60522 |
| (4) If the operator intends to convert some but not all of | 60523 |
| the facility's beds, the operator notifies each of the facility's | 60524 |
| residents that the facility is to convert some of its beds from | 60525 |
| providing ICF/MR services to providing home and community-based | 60526 |
| services and inform each resident that the resident may do either | 60527 |
| of the following: | 60528 |
| (a) Continue to receive ICF/MR services from any provider of | 60529 |
| ICF/MR services that is willing and able to provide the services | 60530 |
| to the resident if the resident continues to qualify for ICF/MR | 60531 |
| services; | 60532 |
| (b) Begin to receive home and community-based services | 60533 |
| instead of ICF/MR services from any provider of home and | 60534 |
| community-based services that is willing and able to provide the | 60535 |
| services to the resident if the resident is eligible for the | 60536 |
| services and a slot for the services is available to the resident. | 60537 |
| (5) The operator meets the requirements for providing home | 60538 |
| and community-based services, including the following: | 60539 |
| (a) Such requirements applicable to a residential facility if | 60540 |
| the operator maintains the facility's license as a residential | 60541 |
| facility; | 60542 |
| (b) Such requirements applicable to a facility that is not | 60543 |
| licensed as a residential facility if the operator surrenders the | 60544 |
|
facility's license as a residential facility | 60545 |
| 5123.19 of the Revised Code. | 60546 |
| (6) The | 60547 |
| 60548 |
| (C) A decision by the | 60549 |
| disabilities to approve or refuse to approve a proposed conversion | 60550 |
|
of beds is final. In making a decision, the | 60551 |
| shall consider all of the following: | 60552 |
| (1) The fiscal impact on the facility if some but not all of | 60553 |
| the beds are converted; | 60554 |
| (2) The fiscal impact on the medical assistance program; | 60555 |
| (3) The availability of home and community-based services. | 60556 |
| (D) The notice provided to the directors under division | 60557 |
| (B)(1) of this section shall specify whether some or all of the | 60558 |
| facility's beds are to be converted. If some but not all of the | 60559 |
| beds are to be converted, the notice shall specify how many of the | 60560 |
| facility's beds are to be converted and how many of the beds are | 60561 |
| to continue to provide ICF/MR services. The notice to the director | 60562 |
| of developmental disabilities shall specify whether the operator | 60563 |
| wishes to surrender the facility's license as a residential | 60564 |
| facility under section 5123.19 of the Revised Code. | 60565 |
| (E)(1) If the | 60566 |
|
disabilities | 60567 |
| conversion under division (C) of this section, the director of | 60568 |
| health shall do the following: | 60569 |
| (a) Terminate the certification of the intermediate care | 60570 |
| facility for the mentally retarded if the notice specifies that | 60571 |
| all of the facility's beds are to be converted; | 60572 |
| (b) Reduce the facility's certified capacity by the number of | 60573 |
| beds being converted if the notice specifies that some but not all | 60574 |
| of the beds are to be converted. | 60575 |
| (2) The director of health shall notify the director of job | 60576 |
| and family services of the termination or reduction. On receipt of | 60577 |
| the director of health's notice, the director of job and family | 60578 |
| services shall do the following: | 60579 |
| (a) Terminate the operator's medicaid provider agreement that | 60580 |
| authorizes the operator to provide ICF/MR services at the facility | 60581 |
| if the facility's certification was terminated; | 60582 |
| (b) Amend the operator's medicaid provider agreement to | 60583 |
| reflect the facility's reduced certified capacity if the | 60584 |
| facility's certified capacity is reduced. | 60585 |
| (3) In the case of action taken under division (E)(2)(a) of | 60586 |
| this section, the operator is not entitled to notice or a hearing | 60587 |
| under Chapter 119. of the Revised Code before the director of job | 60588 |
| and family services terminates the medicaid provider agreement. | 60589 |
| Sec. 5111.877. The director of job and family services may | 60590 |
| seek approval from the United States secretary of health and human | 60591 |
|
services for not more than a total of | 60592 |
| home and community-based services for the purposes of sections | 60593 |
| 5111.874, 5111.875, and 5111.876 of the Revised Code. | 60594 |
| Sec. 5111.878. Not more than a total of | 60595 |
| may be converted from providing ICF/MR services to providing home | 60596 |
| and community-based services under sections 5111.874 and 5111.875 | 60597 |
| of the Revised Code. | 60598 |
| Sec. 5111.894. (A) Subject to division (C)(2) of section | 60599 |
| 5111.89 of the Revised Code, the department of aging shall | 60600 |
| establish a home first component of the assisted living program | 60601 |
| under which eligible individuals may be enrolled in the | 60602 |
| medicaid-funded component of the assisted living program in | 60603 |
| accordance with this section. An individual is eligible for the | 60604 |
| assisted living program's home first component if both of the | 60605 |
| following apply: | 60606 |
| (1) The individual has been determined to be eligible for the | 60607 |
| medicaid-funded component of the assisted living program. | 60608 |
| (2) At least one of the following applies: | 60609 |
| (a) The individual has been admitted to a nursing facility. | 60610 |
| (b) A physician has determined and documented in writing that | 60611 |
| the individual has a medical condition that, unless the individual | 60612 |
| is enrolled in home and community-based services such as the | 60613 |
| assisted living program, will require the individual to be | 60614 |
| admitted to a nursing facility within thirty days of the | 60615 |
| physician's determination. | 60616 |
| (c) The individual has been hospitalized and a physician has | 60617 |
| determined and documented in writing that, unless the individual | 60618 |
| is enrolled in home and community-based services such as the | 60619 |
| assisted living program, the individual is to be transported | 60620 |
| directly from the hospital to a nursing facility and admitted. | 60621 |
| (d) Both of the following apply: | 60622 |
| (i) The individual is the subject of a report made under | 60623 |
| section 5101.61 of the Revised Code regarding abuse, neglect, or | 60624 |
| exploitation or such a report referred to a county department of | 60625 |
| job and family services under section 5126.31 of the Revised Code | 60626 |
| or has made a request to a county department for protective | 60627 |
| services as defined in section 5101.60 of the Revised Code. | 60628 |
| (ii) A county department of job and family services and an | 60629 |
| area agency on aging have jointly documented in writing that, | 60630 |
| unless the individual is enrolled in home and community-based | 60631 |
| services such as the assisted living program, the individual | 60632 |
| should be admitted to a nursing facility. | 60633 |
| | 60634 |
| 60635 | |
| 60636 | |
| 60637 | |
| 60638 | |
| 60639 | |
| 60640 | |
| 60641 |
| (B) Each month, each area agency on aging shall identify | 60642 |
| individuals residing in the area that the area agency on aging | 60643 |
| serves who are eligible for the home first component of the | 60644 |
| assisted living program. When an area agency on aging identifies | 60645 |
| such an individual and determines that there is a vacancy in a | 60646 |
| residential care facility participating in the medicaid-funded | 60647 |
| component of the assisted living program that is acceptable to the | 60648 |
| individual, the agency shall notify the long-term care | 60649 |
| consultation program administrator serving the area in which the | 60650 |
| individual resides. The administrator shall determine whether the | 60651 |
| assisted living program is appropriate for the individual and | 60652 |
| whether the individual would rather participate in the assisted | 60653 |
| living program than continue or begin to reside in a nursing | 60654 |
| facility. If the administrator determines that the assisted living | 60655 |
| program is appropriate for the individual and the individual would | 60656 |
| rather participate in the assisted living program than continue or | 60657 |
| begin to reside in a nursing facility, the administrator shall so | 60658 |
| notify the department of aging. On receipt of the notice from the | 60659 |
| administrator, the department shall approve the individual's | 60660 |
| enrollment in the medicaid-funded component of the assisted living | 60661 |
| program regardless of the unified waiting list established under | 60662 |
| section 173.404 of the Revised Code, unless the enrollment would | 60663 |
| cause the component to exceed any limit on the number of | 60664 |
| individuals who may participate in the component as set by the | 60665 |
| United States secretary of health and human services in the | 60666 |
| assisted living waiver. | 60667 |
| Sec. 5111.941. (A) The | 60668 |
| health care/medicaid support and recoveries fund is hereby created | 60669 |
|
in the state treasury. | 60670 |
| credited to the fund: | 60671 |
| (1) Except as otherwise provided by statute or as authorized | 60672 |
| by the controlling board, the nonfederal share of all | 60673 |
|
medicaid-related revenues, collections, and recoveries | 60674 |
| 60675 |
| (2) Federal reimbursement received for payment adjustments | 60676 |
| made pursuant to section 1923 of the "Social Security Act," 101 | 60677 |
| Stat. 1330-148 (1987), 42 U.S.C. 1396r-4, as amended, under the | 60678 |
| medicaid program to state mental health hospitals maintained and | 60679 |
| operated by the department of mental health under division (A) of | 60680 |
| section 5119.02 of the Revised Code; | 60681 |
| (3) Revenues the department of job and family services | 60682 |
| receives from another state agency for medicaid services pursuant | 60683 |
| to an interagency agreement, other than such revenues required to | 60684 |
| be deposited into the health care services administration fund | 60685 |
| created under section 5111.94 of the Revised Code; | 60686 |
| (4) The first seven hundred fifty thousand dollars the | 60687 |
| department receives in a fiscal year for performing eligibility | 60688 |
| verification services necessary for compliance with the | 60689 |
| independent, certified audit requirement of 42 C.F.R. 455.304. | 60690 |
| (B) The department of job and family services shall use money | 60691 |
|
credited to the | 60692 |
| care/medicaid support and recoveries fund to pay for medicaid | 60693 |
| services and contracts. | 60694 |
| Sec. 5111.946. (A) As used in this section, "medicaid | 60695 |
| managed care organization" means a managed care organization under | 60696 |
| contract with the department of job and family services pursuant | 60697 |
| to section 5111.17 of the Revised Code. | 60698 |
| (B) There is hereby created in the state treasury the health | 60699 |
| care compliance fund. All of the following shall be credited to | 60700 |
| the fund: | 60701 |
| (1) All fines imposed on and collected from medicaid managed | 60702 |
| care organizations for failure to meet performance standards or | 60703 |
| other requirements specified in provider agreements or rules | 60704 |
| adopted by the department; | 60705 |
| (2) Money the department receives in a fiscal year for | 60706 |
| performing eligibility verification services necessary for | 60707 |
| compliance with the independent, certified audit requirement of 42 | 60708 |
| C.F.R. 455.304, other than the amounts of such money that are to | 60709 |
| be credited to the medicaid revenue and collections fund under | 60710 |
| section 5111.941 of the Revised Code; | 60711 |
| (3) All investment earnings of the fund. | 60712 |
| (C) Money credited to the health care compliance fund shall | 60713 |
| be used solely for the following purposes: | 60714 |
| (1) To reimburse medicaid managed care organizations that | 60715 |
| have paid fines for failure to meet performance standards or other | 60716 |
| requirements and have come into compliance by meeting requirements | 60717 |
| as specified by the department; | 60718 |
| (2) To provide financial incentive awards established | 60719 |
| pursuant to section 5111.171 of the Revised Code and specified in | 60720 |
| contracts between medicaid managed care organizations and the | 60721 |
| department. | 60722 |
| Sec. 5111.96. (A) As used in this section, "MFP | 60723 |
| demonstration project" means a money follows the person | 60724 |
| demonstration project that the United States secretary of health | 60725 |
| and human services is authorized to award under section 6071 of | 60726 |
| the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, as | 60727 |
| amended). | 60728 |
| (B) To the extent funds are available under an MFP | 60729 |
| demonstration project awarded to the department of job and family | 60730 |
| services, the director of job and family services may operate the | 60731 |
| helping Ohioans move, expanding (HOME) choice demonstration | 60732 |
| component of the medicaid program to transition medicaid | 60733 |
| recipients who qualify for the demonstration component to | 60734 |
| community settings. The director may adopt rules in accordance | 60735 |
| with Chapter 119. of the Revised Code for the administration and | 60736 |
| operation of the demonstration component. | 60737 |
| Sec. 5111.97. (A) As used in this section | 60738 |
| (1) "Home and community-based services medicaid waiver | 60739 |
| component" has the same meaning as in section 5111.85 of the | 60740 |
| Revised Code. | 60741 |
| (2) "Nursing facility" has the same meaning as in section | 60742 |
| 5111.20 of the Revised Code. | 60743 |
| (B) To the extent funds are available, the director of job | 60744 |
| and family services may establish the Ohio access success project | 60745 |
| to help medicaid recipients make the transition from residing in a | 60746 |
| nursing facility to residing in a community setting. The project | 60747 |
| may be established as a separate nonmedicaid program or integrated | 60748 |
|
into a new or existing | 60749 |
|
community-based services | 60750 |
| 60751 | |
| component. The director shall permit any recipient of | 60752 |
| medicaid-funded nursing facility services to apply for | 60753 |
| participation in the project, but may limit the number of project | 60754 |
| participants. | 60755 |
| The director shall ensure that an assessment of an applicant | 60756 |
| is conducted as soon as practicable to determine whether the | 60757 |
| applicant is eligible for participation in the project. To the | 60758 |
| maximum extent possible, the assessment and eligibility | 60759 |
| determination shall be completed not later than the date that | 60760 |
| occurs six months after the applicant became a recipient of | 60761 |
| medicaid-funded nursing facility services. | 60762 |
| (C) To be eligible for benefits under the project, a medicaid | 60763 |
| recipient must satisfy all of the following requirements: | 60764 |
| (1) The medicaid recipient must be a recipient of | 60765 |
| medicaid-funded nursing facility services, at the time of applying | 60766 |
| for the project benefits. | 60767 |
| (2) If the project is established as a nonmedicaid program, | 60768 |
| the medicaid recipient must be able to remain in the community as | 60769 |
| a result of receiving project benefits and the projected cost of | 60770 |
| the benefits to the project does not exceed eighty per cent of the | 60771 |
| average monthly medicaid cost of a medicaid recipient in a nursing | 60772 |
| facility. | 60773 |
| (3) If the project is integrated into a | 60774 |
|
and community-based services medicaid waiver | 60775 |
| the medicaid recipient must meet the waiver component's enrollment | 60776 |
| criteria. | 60777 |
| (D) If the director establishes the Ohio access success | 60778 |
| project, the benefits provided under the project may include | 60779 |
| payment of all of the following: | 60780 |
| (1) The first month's rent in a community setting; | 60781 |
| (2) Rental deposits; | 60782 |
| (3) Utility deposits; | 60783 |
| (4) Moving expenses; | 60784 |
| (5) Other expenses not covered by the medicaid program that | 60785 |
| facilitate a medicaid recipient's move from a nursing facility to | 60786 |
| a community setting. | 60787 |
| (E) If the project is established as a nonmedicaid program, | 60788 |
| no participant may receive more than two thousand dollars' worth | 60789 |
| of benefits under the project. | 60790 |
| (F) If the department of job and family services enters into | 60791 |
| a contract with an entity to provide fiscal management services | 60792 |
| regarding the project, the contract may provide for a portion of a | 60793 |
| participant's benefits under the project to be paid to the | 60794 |
| contracting entity. The contract shall specify the portion to be | 60795 |
| paid to the contracting entity. | 60796 |
| (G) The director may submit a request to the United States | 60797 |
| secretary of health and human services pursuant to section 1915 of | 60798 |
|
the "Social Security Act," | 60799 |
|
U.S.C. 1396n, as amended, to create a | 60800 |
|
community-based services medicaid waiver | 60801 |
| serve individuals who meet the criteria for participation in the | 60802 |
|
Ohio access success project. | 60803 |
| (H) The director may adopt rules | 60804 |
| Chapter 119. of the Revised Code for the administration and | 60805 |
| operation of the project. If the project is integrated into a home | 60806 |
| and community-based services medicaid waiver component, the rules | 60807 |
| shall be adopted under section 5111.85 of the Revised Code. | 60808 |
| Sec. 5112.31. The department of job and family services | 60809 |
| shall do all of the following: | 60810 |
| (A) Subject to section 5112.331 of the Revised Code and | 60811 |
| divisions (B) and (C) of this section and for the purposes | 60812 |
|
specified in | 60813 |
| Code, assess for each fiscal year each intermediate care facility | 60814 |
| for the mentally retarded a franchise permit fee equal to the | 60815 |
| franchise permit fee rate multiplied by the product of the | 60816 |
| following: | 60817 |
| (1) The number of beds certified under Title XIX of the | 60818 |
| "Social Security Act" on the first day of May of the calendar year | 60819 |
| in which the assessment is determined pursuant to division (A) of | 60820 |
| section 5112.33 of the Revised Code; | 60821 |
| (2) The number of days in the fiscal year. | 60822 |
| (B) If the total amount of the franchise permit fee assessed | 60823 |
| under division (A) of this section for a fiscal year exceeds the | 60824 |
| indirect guarantee percentage of the actual net patient revenue | 60825 |
| for all intermediate care facilities for the mentally retarded for | 60826 |
| that fiscal year and seventy-five per cent or more of the total | 60827 |
| number of intermediate care facilities for the mentally retarded | 60828 |
| receive enhanced medicaid payments or other state payments equal | 60829 |
| to seventy-five per cent or more of their total franchise permit | 60830 |
| fee assessments, do both of the following: | 60831 |
| (1) Recalculate the assessments under division (A) of this | 60832 |
| section using a per bed per day rate equal to the indirect | 60833 |
| guarantee percentage of actual net patient revenue for all | 60834 |
| intermediate care facilities for the mentally retarded for that | 60835 |
| fiscal year; | 60836 |
| (2) Refund the difference between the amount of the franchise | 60837 |
| permit fee assessed for that fiscal year under division (A) of | 60838 |
| this section and the amount recalculated under division (B)(1) of | 60839 |
| this section as a credit against the assessments imposed under | 60840 |
| division (A) of this section for the subsequent fiscal year. | 60841 |
| (C) If the United States secretary of health and human | 60842 |
| services determines that the franchise permit fee established by | 60843 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 60844 |
| impermissible health care-related tax under section 1903(w) of the | 60845 |
|
"Social Security Act," 105 Stat. 1793 (1991), 42 U.S.C. | 60846 |
| 1396b(w), as amended, take all necessary actions to cease | 60847 |
| implementation of those sections in accordance with rules adopted | 60848 |
| under section 5112.39 of the Revised Code. | 60849 |
| Sec. 5112.33. (A) Not later than the fifteenth day of August | 60850 |
| of each year, the department of job and family services shall | 60851 |
| determine the annual franchise permit fee for each intermediate | 60852 |
| care facility for the mentally retarded in accordance with section | 60853 |
| 5112.31 of the Revised Code. | 60854 |
| (B) Not later than the first day of September of each year, | 60855 |
| the department shall mail to each intermediate care facility for | 60856 |
| the mentally retarded notice of the amount of the franchise permit | 60857 |
| fee the facility has been assessed under section 5112.31 of the | 60858 |
| Revised Code. | 60859 |
| (C) | 60860 |
| each intermediate care facility for the mentally retarded shall | 60861 |
| pay its fee under section 5112.31 of the Revised Code to the | 60862 |
| department in quarterly installment payments not later than | 60863 |
| forty-five days after the last day of each September, December, | 60864 |
| March, and June. | 60865 |
| Sec. 5112.331. (A) If, after the date the department of job | 60866 |
| and family services determines an intermediate care facility for | 60867 |
| the mentally retarded's franchise permit fee for a fiscal year | 60868 |
| under section 5112.33 of the Revised Code, the department receives | 60869 |
| a notice from the director of health under section 5111.874 of the | 60870 |
| Revised Code regarding a conversion of one or more of the | 60871 |
| facility's beds to providing home and community-based services, | 60872 |
| the department shall do the following: | 60873 |
| (1) If the director's notice indicates that the facility's | 60874 |
| medicaid certification has been terminated, terminate the | 60875 |
| facility's franchise permit fee effective on the first day of the | 60876 |
| quarter immediately following the quarter in which the department | 60877 |
| receives the director's notice; | 60878 |
| (2) If the director's notice indicates that the facility's | 60879 |
| certified capacity under medicaid has been reduced, redetermine | 60880 |
| the facility's franchise permit fee in accordance with division | 60881 |
| (B) of this section. | 60882 |
| (B)(1) To redetermine an intermediate care facility for the | 60883 |
| mentally retarded's franchise permit fee, the department shall | 60884 |
| multiply the franchise permit fee rate by the product of the | 60885 |
| following: | 60886 |
| (a) The number of the facility's beds that remain certified | 60887 |
| under Title XIX of the "Social Security Act" as of the date the | 60888 |
| conversion takes effect; | 60889 |
| (b) The number of days remaining in the fiscal year as of the | 60890 |
| first day of the quarter immediately following the quarter in | 60891 |
| which the department receives the director's notice, including | 60892 |
| that first day. | 60893 |
| (2) The intermediate care facility for the mentally retarded | 60894 |
| shall pay its franchise permit fee as redetermined under division | 60895 |
| (B)(1) of this section in installment payments not later than | 60896 |
| forty-five days after the last day of each of the quarters | 60897 |
| remaining in the fiscal year for which the redetermination is | 60898 |
| made. | 60899 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 60900 |
| pursuant to section 5112.34 of the Revised Code, the department of | 60901 |
| job and family services may do any of the following if an | 60902 |
| intermediate care facility for the mentally retarded fails to pay | 60903 |
| the full amount of a franchise permit fee installment when due: | 60904 |
| (1) Withhold an amount less than or equal to the installment | 60905 |
| and penalty assessed under section 5112.34 of the Revised Code | 60906 |
| from a medicaid payment due the facility until the facility pays | 60907 |
| the installment and penalty; | 60908 |
| (2) Offset an amount less than or equal to the installment | 60909 |
| and penalty assessed under section 5112.34 of the Revised Code | 60910 |
|
from a | 60911 |
| 60912 |
| (3) Terminate the facility's medicaid provider agreement. | 60913 |
| (B) The department may offset a medicaid payment under | 60914 |
| division (A) of this section without providing notice to the | 60915 |
| intermediate care facility for the mentally retarded and without | 60916 |
| conducting an adjudication under Chapter 119. of the Revised Code. | 60917 |
| Sec. 5112.37. There is hereby created in the state treasury | 60918 |
| the home and community-based services for the mentally retarded | 60919 |
|
and developmentally disabled fund. | 60920 |
| 60921 | |
| paid by an intermediate care facility for the mentally retarded | 60922 |
|
under sections 5112.33 and 5112.34 of the Revised Code | 60923 |
| 60924 | |
| 60925 | |
| 60926 | |
| 60927 | |
| 60928 | |
| 60929 | |
|
director of job and family services shall | 60930 |
|
the director of budget and management the amount of money | 60931 |
|
is in the fund | 60932 |
| 60933 | |
| 60934 | |
| 60935 | |
| 60936 | |
| 60937 | |
| 60938 | |
| budget and management shall transfer the amount so certified from | 60939 |
| the home and community-based services for the mentally retarded | 60940 |
| and developmentally disabled fund to the department of | 60941 |
| developmental disabilities operating and services fund created | 60942 |
| under section 5112.371 of the Revised Code. | 60943 |
| Sec. 5112.371. There is hereby created in the state treasury | 60944 |
| the department of developmental disabilities operating and | 60945 |
|
services fund. | 60946 |
| 60947 | |
| 60948 | |
| 60949 | |
| 60950 | |
| 60951 | |
| 60952 | |
| transferred to it under section 5112.37 of the Revised Code. The | 60953 |
| money in the fund shall be used for the expenses of the programs | 60954 |
| that the department of developmental disabilities administers and | 60955 |
| the department's administrative expenses. | 60956 |
| Sec. 5112.39. The director of job and family services shall | 60957 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 60958 |
|
do | 60959 |
| (A) Prescribe the actions the department will take to cease | 60960 |
| implementation of sections 5112.30 to 5112.39 of the Revised Code | 60961 |
| if the United States secretary of health and human services | 60962 |
| determines that the franchise permit fee imposed under section | 60963 |
| 5112.31 of the Revised Code is an impermissible health | 60964 |
| care-related tax under section 1903(w) of the "Social Security | 60965 |
|
Act," | 60966 |
| amended; | 60967 |
| (B) | 60968 |
| 60969 | |
| 60970 | |
| 60971 |
| | 60972 |
| director considers necessary to implement sections 5112.30 to | 60973 |
| 5112.39 of the Revised Code. | 60974 |
| Sec. 5119.22. (A) | 60975 |
| 5119.221 of the Revised Code: | 60976 |
| | 60977 |
| preparation, laundry, housekeeping, arranging for transportation, | 60978 |
| social and recreational activities, maintenance, security, and | 60979 |
| other services that do not constitute personal care services or | 60980 |
| skilled nursing care. | 60981 |
| (2) "ADAMHS board" means a board of alcohol, drug addiction, | 60982 |
| and mental health services. | 60983 |
| (3) "Adult" means a person who is eighteen years of age or | 60984 |
| older, other than a person described in division (A)(4) of this | 60985 |
| section who is between eighteen and twenty-one years of age. | 60986 |
| (4) "Child" means a person who is under eighteen years of age | 60987 |
| or a person with a mental disability who is under twenty-one years | 60988 |
| of age. | 60989 |
| (5) "Community mental health agency" means a community mental | 60990 |
| health agency as defined in division (H) of section 5122.01 of the | 60991 |
| Revised Code. | 60992 |
| | 60993 |
| services listed in section 340.09 of the Revised Code. | 60994 |
| | 60995 |
| the administration and management of a residential facility. | 60996 |
| (8) "Personal care services" means services including, but | 60997 |
| not limited to, the following: | 60998 |
| | 60999 |
| | 61000 |
| medication in accordance with rules adopted under this section; | 61001 |
| | 61002 |
| therapeutic diets, for residents pursuant to the instructions of a | 61003 |
| physician or a licensed dietitian, in accordance with rules | 61004 |
| adopted under this section. | 61005 |
| "Personal care services" does not include "skilled nursing | 61006 |
| care" as defined in section 3721.01 of the Revised Code. A | 61007 |
| facility need not provide more than one of the services listed in | 61008 |
|
division (A) | 61009 |
| providing personal care services. | 61010 |
| | 61011 |
| operated home or facility that provides one of the following: | 61012 |
| | 61013 |
|
care services, and community mental health services | 61014 |
|
more of the following unrelated persons | 61015 |
| 61016 | |
| receiving community mental health services from a community mental | 61017 |
|
health agency, hospital, or practitioner | 61018 |
| (i) Adults with mental illness; | 61019 |
| (ii) Persons of any age with severe mental disabilities; | 61020 |
| (iii) Children with serious emotional disturbances or in need | 61021 |
| of mental health services. | 61022 |
| | 61023 |
|
personal care services | 61024 |
| for one or two of the following unrelated persons: | 61025 |
| (i) Persons of any age with mental illness | 61026 |
| 61027 | |
| community mental health services from a community mental health | 61028 |
| agency, hospital, or practitioner; | 61029 |
| | 61030 |
| mental disabilities who are referred by or are receiving community | 61031 |
| mental health services from a community mental health agency, | 61032 |
| hospital, or practitioner; | 61033 |
| (iii) Adults who are recipients under the residential state | 61034 |
| supplement program. | 61035 |
| (c) Accommodations for five or more of the following | 61036 |
| unrelated persons: | 61037 |
| (i) Adults with mental illness | 61038 |
| 61039 | |
| health services from a community mental health agency, hospital, | 61040 |
| or practitioner; | 61041 |
| (ii) Adults with severe mental disabilities who are referred | 61042 |
| by or are receiving community mental health services from a | 61043 |
| community mental health agency, hospital, or practitioner. | 61044 |
| | 61045 |
|
"Residential facility" does not include any of the following: | 61046 |
| 61047 | |
| 61048 |
| (a) A hospital subject to licensure under section 5119.20 of | 61049 |
|
the Revised Code | 61050 |
| (b) A residential facility | 61051 |
|
section 5123.19 of the Revised Code | 61052 |
| 61053 | |
| 61054 | |
| 61055 | |
| department of developmental disabilities; | 61056 |
| (c) An institution or association subject to certification | 61057 |
|
under section 5103.03 of the Revised Code | 61058 |
| 61059 | |
| 61060 |
| (d) A facility operated by a hospice care program licensed | 61061 |
| under section 3712.04 of the Revised Code that is used exclusively | 61062 |
| for care of hospice patients; | 61063 |
| (e) A nursing home, residential care facility, or home for | 61064 |
|
the aging | 61065 |
| of the Revised Code; | 61066 |
| (f) An alcohol or drug addiction program as defined in | 61067 |
| section 3793.01 of the Revised Code; | 61068 |
| (g) A facility licensed to provide methadone treatment under | 61069 |
| section 3793.11 of the Revised Code; | 61070 |
| (h) Any facility that receives funding for operating costs | 61071 |
| from the department of development under any program established | 61072 |
| to provide emergency shelter housing or transitional housing for | 61073 |
| the homeless; | 61074 |
| (i) A terminal care facility for the homeless that has | 61075 |
| entered into an agreement with a hospice care program under | 61076 |
| section 3712.07 of the Revised Code; | 61077 |
| (j) A facility approved by the veterans administration under | 61078 |
| section 104(a) of the "Veterans Health Care Amendments of 1983," | 61079 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 61080 |
| the placement and care of veterans. | 61081 |
| (11) "Supervision" means any of the following: | 61082 |
| (a) Observing a resident to ensure the resident's health, | 61083 |
| safety, and welfare while the resident engages in activities of | 61084 |
| daily living or other activities; | 61085 |
| (b) Reminding a resident to perform or complete an activity, | 61086 |
| such as reminding a resident to engage in personal hygiene or | 61087 |
| other self-care activities; | 61088 |
| (c) Assisting a resident in making or keeping an appointment. | 61089 |
| (12) "Unrelated" means that a resident is not related to the | 61090 |
| owner or operator of a residential facility or to the owner's or | 61091 |
| operator's spouse as a parent, grandparent, child, stepchild, | 61092 |
| grandchild, brother, sister, niece, nephew, aunt, or uncle, or as | 61093 |
| the child of an aunt or uncle. | 61094 |
| | 61095 |
| be construed to permit personal care services to be imposed on a | 61096 |
| resident who is capable of performing the activity in question | 61097 |
| without assistance. | 61098 |
| | 61099 |
|
in division (A) | 61100 |
| staff of a residential facility shall not administer medication to | 61101 |
| the facility's residents,
| 61102 |
| 61103 | |
| 61104 | |
| 61105 | |
| 61106 | |
| 61107 | |
| do any of the following: | 61108 |
| | 61109 |
| ensure that the resident follows the directions on the container; | 61110 |
| | 61111 |
| medication by taking the medication from the locked area where it | 61112 |
| is stored, in accordance with rules adopted pursuant to this | 61113 |
| section, and handing it to the resident. If the resident is | 61114 |
| physically unable to open the container, a staff member may open | 61115 |
| the container for the resident. | 61116 |
| | 61117 |
| resident, such as a resident with arthritis, cerebral palsy, or | 61118 |
| Parkinson's disease, in removing oral or topical medication from | 61119 |
| containers and in consuming or applying the medication, upon | 61120 |
| request by or with the consent of the resident. If a resident is | 61121 |
| physically unable to place a dose of medicine to the resident's | 61122 |
| mouth without spilling it, a staff member may place the dose in a | 61123 |
| container and place the container to the mouth of the resident. | 61124 |
| | 61125 |
|
this section, a person operating or | 61126 |
| residential facility shall apply for licensure of the facility to | 61127 |
|
the department of mental health | 61128 |
| submitted by the operator. When applying for the license, the | 61129 |
| applicant shall pay to the department the application fee | 61130 |
| specified in rules adopted under division (L) of this section. The | 61131 |
| fee is nonrefundable. | 61132 |
| The department shall send a copy of | 61133 |
| ADAMHS board | 61134 |
| 61135 | |
|
which the person operates or | 61136 |
| 61137 | |
| 61138 | |
| 61139 | |
| 61140 |
| | 61141 |
| information about the applicant or the facility that the board | 61142 |
| would like the department to consider in reviewing the | 61143 |
| application. | 61144 |
| (2) A person may not apply for a license to operate a | 61145 |
| residential facility if the person is or has been the owner, | 61146 |
| operator, or manager of a residential facility for which a license | 61147 |
| to operate was revoked or for which renewal of a license was | 61148 |
| refused for any reason other than nonpayment of the license | 61149 |
| renewal fee, unless both of the following conditions are met: | 61150 |
| (a) A period of not less than two years has elapsed since the | 61151 |
| date the director of mental health issued the order revoking or | 61152 |
| refusing to renew the facility's license. | 61153 |
| (b) The director's revocation or refusal to renew the license | 61154 |
| was not based on an act or omission at the facility that violated | 61155 |
| a resident's right to be free from abuse, neglect, or | 61156 |
| exploitation. | 61157 |
| (E)(1) Any person may operate a residential facility | 61158 |
| providing accommodations and personal care services for one to | 61159 |
| five unrelated persons and licensed as a residential facility that | 61160 |
| meets the criteria specified in division (A)(9)(b) of this section | 61161 |
| as a permitted use in any residential district or zone, including | 61162 |
| any single-family residential district or zone of any political | 61163 |
| subdivision. Such facilities may be required to comply with area, | 61164 |
| height, yard, and architectural compatibility requirements that | 61165 |
| are uniformly imposed upon all single-family residences within the | 61166 |
| district or zone. | 61167 |
| (2) Any person may operate a residential facility providing | 61168 |
| accommodations and personal care services for six to sixteen | 61169 |
| persons and licensed as a residential facility that meets the | 61170 |
| criteria specified in division (A)(9)(b) of this section as a | 61171 |
| permitted use in any multiple-family residential district or zone | 61172 |
| of any political subdivision, except that a political subdivision | 61173 |
| that has enacted a zoning ordinance or resolution establishing | 61174 |
| planned-unit development districts as defined in section 519.021 | 61175 |
| of the Revised Code may exclude such facilities from such | 61176 |
| districts, and a political subdivision that has enacted a zoning | 61177 |
| ordinance or resolution may regulate such facilities in | 61178 |
| multiple-family residential districts or zones as a conditionally | 61179 |
| permitted use or special exception, in either case, under | 61180 |
| reasonable and specific standards and conditions set out in the | 61181 |
| zoning ordinance or resolution to: | 61182 |
| (a) Require the architectural design and site layout of the | 61183 |
| home and the location, nature, and height of any walls, screens, | 61184 |
| and fences to be compatible with adjoining land uses and the | 61185 |
| residential character of the neighborhood; | 61186 |
| (b) Require compliance with yard, parking, and sign | 61187 |
| regulation. | 61188 |
| (3) Divisions (E)(1) and (2) of this section do not affect | 61189 |
| any right of a political subdivision to permit a person to operate | 61190 |
| a residential facility licensed under this section in a | 61191 |
| single-family residential district or zone under conditions | 61192 |
| established by the political subdivision. | 61193 |
| (4)(a) Notwithstanding divisions (E)(1) and (2) of this | 61194 |
| section and except as provided in division (E)(4)(b) of this | 61195 |
| section, a political subdivision that has enacted a zoning | 61196 |
| ordinance or resolution may limit the excessive concentration of | 61197 |
| licensed residential facilities that meet the criteria specified | 61198 |
| in division (A)(9)(b) of this section. | 61199 |
| (b) Division (E)(4)(a) of this section does not authorize a | 61200 |
| political subdivision to prevent or limit the continued existence | 61201 |
| and operation of residential facilities existing and operating on | 61202 |
| the effective date of this section and that meet the criteria | 61203 |
| specified in division (A)(9)(b) of this section. A political | 61204 |
| subdivision may consider the existence of such facilities for the | 61205 |
| purpose of limiting the excessive concentration of such facilities | 61206 |
| that meet the criteria specified in division (A)(9)(b) of this | 61207 |
| section that are not existing and operating on the effective date | 61208 |
| of this section. | 61209 |
| (F)(1) The department of mental health shall inspect and | 61210 |
| license the operation of residential facilities. The department | 61211 |
| shall consider the past record of the facility and the applicant | 61212 |
|
or licensee in arriving at its licensure decision. | 61213 |
| The department may issue full, probationary, and interim | 61214 |
| licenses. A full license shall expire two years after the date of | 61215 |
| issuance, a probationary license shall expire in a shorter period | 61216 |
|
of time as | 61217 |
|
director of mental health | 61218 |
| 61219 | |
|
shall expire ninety days after the date of issuance. | 61220 |
| may be renewed in accordance with rules adopted by the director | 61221 |
| under division (L) of this section. The renewal application shall | 61222 |
| be submitted by the operator. When applying for renewal of a | 61223 |
| license, the applicant shall pay to the department the renewal fee | 61224 |
| specified in rules adopted under division (L) of this section. The | 61225 |
| fee is nonrefundable. | 61226 |
| (2) The department may issue an order suspending the | 61227 |
| admission of residents to the facility or refuse to issue or renew | 61228 |
| and may revoke a license if it finds the facility is not in | 61229 |
|
compliance with rules adopted by the | 61230 |
|
to division | 61231 |
|
the applicant or licensee has | 61232 |
| violations of statutes or rules during the period of previous | 61233 |
| licenses. Proceedings initiated to deny applications for full or | 61234 |
| probationary licenses or to revoke such licenses are governed by | 61235 |
| Chapter 119. of the Revised Code. | 61236 |
| | 61237 |
| a residential facility if both of the following conditions are | 61238 |
| met: | 61239 |
| (1) The department determines that the closing of or the need | 61240 |
| to remove residents from another residential facility has created | 61241 |
| an emergency situation requiring immediate removal of residents | 61242 |
| and an insufficient number of licensed beds are available. | 61243 |
| (2) The residential facility applying for an interim license | 61244 |
| meets standards established for interim licenses in rules adopted | 61245 |
|
by the director under | 61246 |
| (L) of this section. | 61247 |
| An interim license shall be valid for ninety days and may be | 61248 |
| renewed by the director no more than twice. Proceedings initiated | 61249 |
| to deny applications for or to revoke interim licenses under this | 61250 |
| division are not subject to Chapter 119. of the Revised Code. | 61251 |
| | 61252 |
| inspection of a residential facility as follows: | 61253 |
| | 61254 |
| 61255 |
| | 61256 |
| license; | 61257 |
| | 61258 |
|
plan of correction required pursuant to | 61259 |
| this section and corrected deficiencies to the satisfaction of the | 61260 |
| department and in compliance with this section and rules adopted | 61261 |
| pursuant to it; | 61262 |
| | 61263 |
| | 61264 |
|
necessary in order to determine whether | 61265 |
| is in compliance with this section and rules adopted pursuant to | 61266 |
| this section. | 61267 |
| (2) In conducting inspections the department may conduct an | 61268 |
|
on-site examination and evaluation of the residential facility | 61269 |
| and its personnel, activities, and services. The department shall | 61270 |
| have access to examine and copy all records, accounts, and any | 61271 |
| other documents relating to the operation of the residential | 61272 |
| facility, including records pertaining to residents, and shall | 61273 |
| have access to the facility in order to conduct interviews with | 61274 |
| the operator, staff, and residents. Following each inspection and | 61275 |
| review, the department shall complete a report listing any | 61276 |
| deficiencies, and including, when appropriate, a time table within | 61277 |
| which the operator shall correct the deficiencies. The department | 61278 |
| may require the operator to submit a plan of correction describing | 61279 |
| how the deficiencies will be corrected. | 61280 |
| | 61281 |
| (1) Operate a residential facility unless the facility holds | 61282 |
| a valid license; | 61283 |
| (2) Violate any of the conditions of licensure after having | 61284 |
| been granted a license; | 61285 |
| (3) Interfere with a state or local official's inspection or | 61286 |
| investigation of a residential facility; | 61287 |
| (4) Violate any of the provisions of this section or any | 61288 |
| rules adopted pursuant to this section. | 61289 |
| | 61290 |
| time: | 61291 |
| (1) Employees designated by the director of mental health; | 61292 |
| (2) Employees of an ADAMHS board when a resident of the | 61293 |
| facility is receiving services from a community mental health | 61294 |
| agency under contract with that ADAMHS board or another ADAMHS | 61295 |
| board; | 61296 |
| (3) Employees of a community mental health agency under any | 61297 |
| of the following circumstances: | 61298 |
| (a) When the agency has a client residing in the facility; | 61299 |
| (b) When the agency is acting as an agent of an ADAMHS board | 61300 |
| other than the board with which it is under contract. | 61301 |
| The employees specified in division (J) of this section shall | 61302 |
| be afforded access to examine and copy all records, accounts, and | 61303 |
| any other documents relating to the operation of the residential | 61304 |
| facility, including records pertaining to residents. | 61305 |
| (K) Employees of the department of mental health may enter, | 61306 |
| for the purpose of investigation, any institution, residence, | 61307 |
| facility, or other structure which has been reported to the | 61308 |
| department as, or that the department has reasonable cause to | 61309 |
| believe is, operating as a residential facility without a valid | 61310 |
| license. | 61311 |
| (L) The director shall adopt and may amend and rescind rules | 61312 |
|
pursuant to Chapter 119. of the Revised Code | 61313 |
| governing the licensing and operation of residential facilities. | 61314 |
| The rules shall establish all of the following: | 61315 |
| (1) Minimum standards for the health, safety, adequacy, and | 61316 |
|
cultural
| 61317 |
|
and services for persons in residential facilities; | 61318 |
| 61319 |
| (2) Procedures for the issuance, renewal or revocation of the | 61320 |
|
licenses of | 61321 |
| (3) Procedures for conducting criminal records checks for | 61322 |
| prospective operators, staff, and other individuals who, if | 61323 |
| employed by a residential facility, would have unsupervised access | 61324 |
| to facility residents; | 61325 |
| (4) The fee to be paid when applying for a new residential | 61326 |
| facility license or renewing the license; | 61327 |
| (5) Procedures for the operator of a residential facility to | 61328 |
| follow when notifying the ADAMHS board serving the county in which | 61329 |
| the facility is located when the facility is serving residents | 61330 |
| with mental illness or severe mental disability, including the | 61331 |
| circumstances under which the operator is required to make such a | 61332 |
| notification; | 61333 |
| (6) Procedures for the issuance and termination of orders of | 61334 |
| suspension of admission of residents to a residential facility; | 61335 |
| (7) Measures to be taken by residential facilities relative | 61336 |
| to residents' medication; | 61337 |
| (8) Requirements relating to preparation of special diets; | 61338 |
| (9) The maximum number of residents | 61339 |
| residential facility; | 61340 |
| (10) The rights of residents of residential facilities and | 61341 |
|
procedures to protect such rights; | 61342 |
| (11) Procedures for obtaining an affiliation agreement | 61343 |
| approved by the board between a residential facility and a | 61344 |
| community mental health agency | 61345 |
| 61346 | |
| 61347 | |
| 61348 |
| (12) Standards and procedures under which the director may | 61349 |
| waive the requirements of any of the rules adopted. | 61350 |
| | 61351 |
| 61352 | |
| 61353 | |
| 61354 |
| | 61355 |
|
complaint reported as a violation of this | 61356 |
| department determines that disclosure could be detrimental to the | 61357 |
| department's purposes or could jeopardize the investigation. The | 61358 |
| department may disclose the source of any complaint if the | 61359 |
| complainant agrees in writing to such disclosure and shall | 61360 |
| disclose the source upon order by a court of competent | 61361 |
| jurisdiction. | 61362 |
| | 61363 |
| of this section, or any person who participates in an | 61364 |
| administrative or judicial proceeding resulting from such a | 61365 |
| complaint, is immune from civil liability and is not subject to | 61366 |
| criminal prosecution, other than for perjury, unless the person | 61367 |
| has acted in bad faith or with malicious purpose. | 61368 |
| (N)(1) The director of mental health may petition the court | 61369 |
| of common pleas of the county in which a residential facility is | 61370 |
| located for an order enjoining any person from operating a | 61371 |
| residential facility without a license or from operating a | 61372 |
| licensed facility when, in the director's judgment, there is a | 61373 |
| 61374 | |
| occupants of the facility. The court shall have jurisdiction to | 61375 |
| grant such injunctive relief upon a showing that the respondent | 61376 |
| named in the petition is operating a facility without a license or | 61377 |
|
there is a | 61378 |
| residents of the facility. | 61379 |
| | 61380 |
| 61381 | |
| 61382 | |
| 61383 | |
| 61384 | |
| 61385 | |
| 61386 | |
| 61387 | |
| 61388 | |
| 61389 |
| (2) When the court grants injunctive relief in the case of a | 61390 |
| facility operating without a license, the court shall issue, at a | 61391 |
| minimum, an order enjoining the facility from admitting new | 61392 |
| residents to the facility and an order requiring the facility to | 61393 |
| assist with the safe and orderly relocation of the facility's | 61394 |
| residents. | 61395 |
| (3) If injunctive relief is granted against a facility for | 61396 |
| operating without a license and the facility continues to operate | 61397 |
| without a license, the director shall refer the case to the | 61398 |
| attorney general for further action. | 61399 |
| (O) The director may fine a person for violating division (I) | 61400 |
| of this section. The fine shall be five hundred dollars for a | 61401 |
| first offense; for each subsequent offense, the fine shall be one | 61402 |
| thousand dollars. The director's actions in imposing a fine shall | 61403 |
| be taken in accordance with Chapter 119. of the Revised Code. | 61404 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 61405 |
| board of alcohol, drug addiction, and mental health services also | 61406 |
| refers to the community mental health board in an alcohol, drug | 61407 |
| addiction, and mental health service district that has a community | 61408 |
| mental health board. | 61409 |
| The director of mental health with respect to all facilities | 61410 |
| and programs established and operated under Chapter 340. of the | 61411 |
| Revised Code for mentally ill and emotionally disturbed persons, | 61412 |
| shall do all of the following: | 61413 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 61414 |
| that may be necessary to carry out the purposes of Chapter 340. | 61415 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 61416 |
| (1) The rules shall include | 61417 |
| | 61418 |
| services under section 340.091 of the Revised Code to an | 61419 |
|
individual referred to the agency under division | 61420 |
|
section 5119.69 of the Revised Code | 61421 |
| | 61422 |
| 61423 | |
| 61424 | |
| 61425 | |
| 61426 | |
| 61427 | |
| 61428 | |
| 61429 |
| | 61430 |
| 61431 | |
| 61432 |
| | 61433 |
| 61434 | |
| 61435 | |
| 61436 | |
| 61437 |
| | 61438 |
| 61439 | |
| 61440 | |
| 61441 | |
| 61442 | |
| 61443 |
| (2) Rules may be adopted to govern the method of paying a | 61444 |
| community mental health facility, as defined in section 5111.023 | 61445 |
| of the Revised Code, for providing services listed in division (B) | 61446 |
| of that section. Such rules must be consistent with the contract | 61447 |
| entered into between the departments of job and family services | 61448 |
| and mental health under section 5111.91 of the Revised Code and | 61449 |
| include requirements ensuring appropriate service utilization. | 61450 |
| (B) Review and evaluate, and, taking into account the | 61451 |
| findings and recommendations of the board of alcohol, drug | 61452 |
| addiction, and mental health services of the district served by | 61453 |
| the program and the requirements and priorities of the state | 61454 |
| mental health plan, including the needs of residents of the | 61455 |
| district now residing in state mental institutions, and make | 61456 |
| recommendations for needed improvements to boards of alcohol, drug | 61457 |
| addiction, and mental health services; | 61458 |
| (C) Provide consultative services to community mental health | 61459 |
| agencies with the knowledge and cooperation of the board of | 61460 |
| alcohol, drug addiction, and mental health services; | 61461 |
| (D) At the director's discretion, provide to boards of | 61462 |
| alcohol, drug addiction, and mental health services state or | 61463 |
| federal funds, in addition to those allocated under section | 61464 |
| 5119.62 of the Revised Code, for special programs or projects the | 61465 |
| director considers necessary but for which local funds are not | 61466 |
| available; | 61467 |
| (E) Establish criteria by which a board of alcohol, drug | 61468 |
| addiction, and mental health services reviews and evaluates the | 61469 |
| quality, effectiveness, and efficiency of services provided | 61470 |
| through its community mental health plan. The criteria shall | 61471 |
| include requirements ensuring appropriate service utilization. The | 61472 |
| department shall assess a board's evaluation of services and the | 61473 |
| compliance of each board with this section, Chapter 340. or | 61474 |
| section 5119.62 of the Revised Code, and other state or federal | 61475 |
| law and regulations. The department, in cooperation with the | 61476 |
| board, periodically shall review and evaluate the quality, | 61477 |
| effectiveness, and efficiency of services provided through each | 61478 |
| board. The department shall collect information that is necessary | 61479 |
| to perform these functions. | 61480 |
| (F) To the extent the director determines necessary and after | 61481 |
| consulting with boards of alcohol, drug addiction, and mental | 61482 |
| health services, develop and operate, or contract for the | 61483 |
| operation of, a community mental health information system or | 61484 |
| systems. | 61485 |
| Boards of alcohol, drug | 61486 |
| services shall submit information requested by the department in | 61487 |
| the form and manner prescribed by the department. Information | 61488 |
| collected by the department shall include, but not be limited to, | 61489 |
| all of the following: | 61490 |
| (1) Information regarding units of services provided in whole | 61491 |
| or in part under contract with a board, including diagnosis and | 61492 |
| special needs, demographic information, the number of units of | 61493 |
| service provided, past treatment, financial status, and service | 61494 |
| dates in accordance with rules adopted by the department in | 61495 |
| accordance with Chapter 119. of the Revised Code; | 61496 |
| (2) Financial information other than price or price-related | 61497 |
| data regarding expenditures of boards and community mental health | 61498 |
| agencies, including units of service provided, budgeted and actual | 61499 |
| expenses by type, and sources of funds. | 61500 |
| Boards shall submit the information specified in division | 61501 |
| (F)(1) of this section no less frequently than annually for each | 61502 |
| client, and each time the client's case is opened or closed. The | 61503 |
| department shall not collect any personal information from the | 61504 |
| boards except as required or permitted by state or federal law for | 61505 |
| purposes related to payment, health care operations, program and | 61506 |
| service evaluation, reporting activities, research, system | 61507 |
| administration, and oversight. | 61508 |
| (G) Review each board's community mental health plan | 61509 |
| submitted pursuant to section 340.03 of the Revised Code and | 61510 |
| approve or disapprove it in whole or in part. Periodically, in | 61511 |
| consultation with representatives of boards and after considering | 61512 |
| the recommendations of the medical director, the director shall | 61513 |
| issue criteria for determining when a plan is complete, criteria | 61514 |
| for plan approval or disapproval, and provisions for conditional | 61515 |
| approval. The factors that the director considers may include, but | 61516 |
| are not limited to, the following: | 61517 |
| (1) The mental health needs of all persons residing within | 61518 |
| the board's service district, especially severely mentally | 61519 |
| disabled children, adolescents, and adults; | 61520 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 61521 |
| cultural relevance of the services provided in each service | 61522 |
| district, the extent to which any services are duplicative of | 61523 |
| other available services, and whether the services meet the needs | 61524 |
| identified above; | 61525 |
| (3) The adequacy of the board's accounting for the | 61526 |
| expenditure of funds. | 61527 |
| If the director disapproves all or part of any plan, the | 61528 |
| director shall provide the board an opportunity to present its | 61529 |
| position. The director shall inform the board of the reasons for | 61530 |
| the disapproval and of the criteria that must be met before the | 61531 |
| plan may be approved. The director shall give the board a | 61532 |
| reasonable time within which to meet the criteria, and shall offer | 61533 |
| technical assistance to the board to help it meet the criteria. | 61534 |
| If the approval of a plan remains in dispute, the board or | 61535 |
| the director may request that the dispute be submitted to a | 61536 |
| mutually agreed upon third-party mediator with the cost to be | 61537 |
| shared by the board and the department. The mediator shall issue | 61538 |
| to the board and the department recommendations for resolution of | 61539 |
| the dispute. The director, taking into consideration the | 61540 |
| recommendations of the mediator, shall make a final determination | 61541 |
| and approve or disapprove the plan, in whole or in part. | 61542 |
| Sec. 5119.69. (A) As used in this section and section | 61543 |
| 5119.691 of the Revised Code: | 61544 |
| (1) "Long-term care consultation program" means the program | 61545 |
| the department of aging is required to develop under section | 61546 |
| 173.42 of the Revised Code. | 61547 |
| (2) "Long-term care consultation program administrator" or | 61548 |
| "administrator" means the department of aging or, if the | 61549 |
| department contracts with an area agency on aging or other entity | 61550 |
| to administer the long-term care consultation program for a | 61551 |
| particular area, that agency or entity. | 61552 |
| (3) "Nursing facility" has the same meaning as in section | 61553 |
| 5111.20 of the Revised Code. | 61554 |
| (4) "Residential state supplement administrative agency" | 61555 |
| means the department of mental health or, if the department | 61556 |
| designates an entity under division (C) of this section for a | 61557 |
| particular area, the designated entity. | 61558 |
| (5) "Residential state supplement program" means the program | 61559 |
| administered pursuant to this section. | 61560 |
| (B) The department of mental health shall implement the | 61561 |
| residential state supplement program under which the state | 61562 |
| supplements the supplemental security income payments received by | 61563 |
| aged, blind, or disabled adults under Title XVI of the "Social | 61564 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. | 61565 |
| Residential state supplement payments shall be used for the | 61566 |
| provision of accommodations, supervision, and personal care | 61567 |
| services to supplemental security income recipients who the | 61568 |
| department determines are at risk of needing institutional care. | 61569 |
| | 61570 |
| designate one or more entities to be responsible for providing | 61571 |
| administrative services regarding the program. The department may | 61572 |
| designate an entity to be a residential state supplement | 61573 |
| administrative agency under this division either by entering into | 61574 |
| a contract with the entity to serve in that capacity or by | 61575 |
| otherwise delegating to the entity the responsibility to serve in | 61576 |
| that capacity. | 61577 |
| | 61578 |
| supplement payments, all of the following must be the case: | 61579 |
| (1) Except as provided by division | 61580 |
| the individual must reside in one of the following: | 61581 |
| (a) An adult foster home certified under section 5119.692 of | 61582 |
| the Revised Code; | 61583 |
| (b) A home or facility, other than a nursing home or nursing | 61584 |
| home unit of a home for the aging, licensed by the department of | 61585 |
|
health under Chapter 3721. of the Revised Code | 61586 |
| 61587 | |
| 61588 |
| (c) A residential facility as defined in division | 61589 |
|
(A) | 61590 |
| licensed by the department of mental health; | 61591 |
| (d) An apartment or room used to provide community mental | 61592 |
| health housing services certified by the department of mental | 61593 |
| health under section 5119.611 of the Revised Code and approved by | 61594 |
| a board of alcohol, drug addiction, and mental health services | 61595 |
| under division (A)(14) of section 340.03 of the Revised Code. | 61596 |
| (2) A residential state supplement administrative agency must | 61597 |
| have determined that the environment in which the individual will | 61598 |
| be living while receiving the payments is appropriate for the | 61599 |
| individual's needs. If the individual is eligible for supplemental | 61600 |
| security income payments or social security disability insurance | 61601 |
| benefits because of a mental disability, the residential state | 61602 |
| supplement administrative agency shall refer the individual to a | 61603 |
|
community mental health agency for | 61604 |
| 61605 | |
|
(A) of section 340.091 of the Revised Code | 61606 |
| 61607 | |
| 61608 | |
| 61609 | |
| 61610 |
| (3) The individual satisfies all eligibility requirements | 61611 |
|
established by rules adopted under division | 61612 |
| section. | 61613 |
| | 61614 |
| services shall adopt rules in accordance with section 111.15 of | 61615 |
| the Revised Code as necessary to implement the residential state | 61616 |
| supplement program. | 61617 |
| To the extent permitted by Title XVI of the "Social Security | 61618 |
| Act," and any other provision of federal law, the director of job | 61619 |
| and family services may adopt rules establishing standards for | 61620 |
| adjusting the eligibility requirements concerning the level of | 61621 |
| impairment a person must have so that the amount appropriated for | 61622 |
| the program by the general assembly is adequate for the number of | 61623 |
| eligible individuals. The rules shall not limit the eligibility of | 61624 |
| disabled persons solely on a basis classifying disabilities as | 61625 |
| physical or mental. The director of job and family services also | 61626 |
| may adopt rules that establish eligibility standards for aged, | 61627 |
| blind, or disabled individuals who reside in one of the homes or | 61628 |
|
facilities specified in division | 61629 |
| who, because of their income, do not receive supplemental security | 61630 |
| income payments. The rules may provide that these individuals may | 61631 |
| include individuals who receive other types of benefits, | 61632 |
| including, social security disability insurance benefits provided | 61633 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 61634 |
|
42 U.S.C.A. 401, as amended. Notwithstanding division | 61635 |
| this section, such payments may be made if funds are available for | 61636 |
| them. | 61637 |
| The director of mental health may adopt rules establishing | 61638 |
| the method to be used to determine the amount an eligible | 61639 |
| individual will receive under the program. The amount the general | 61640 |
| assembly appropriates for the program may be a factor included in | 61641 |
| the method that director establishes. | 61642 |
| | 61643 |
| the county in which an applicant for the residential state | 61644 |
| supplement program resides shall determine whether the applicant | 61645 |
| meets income and resource requirements for the program. | 61646 |
| | 61647 |
| waiting list of any individuals eligible for payments under this | 61648 |
| section but not receiving them because moneys appropriated to the | 61649 |
| department for the purposes of this section are insufficient to | 61650 |
| make payments to all eligible individuals. An individual may apply | 61651 |
| to be placed on the waiting list even though the individual does | 61652 |
| not reside in one of the homes or facilities specified in division | 61653 |
| 61654 | |
| of mental health, by rules adopted in accordance with Chapter 119. | 61655 |
| of the Revised Code, may specify procedures and requirements for | 61656 |
| placing an individual on the waiting list and priorities for the | 61657 |
| order in which individuals placed on the waiting list are to begin | 61658 |
| to receive residential state supplement payments. The rules | 61659 |
| specifying priorities may give priority to individuals placed on | 61660 |
| the waiting list on or after July 1, 2006, who receive | 61661 |
| supplemental security income benefits under Title XVI of the | 61662 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as | 61663 |
| amended. The rules shall not affect the place on the waiting list | 61664 |
| of any person who was on the list on July 1, 2006. The rules | 61665 |
| specifying priorities may also set additional priorities based on | 61666 |
| living arrangement, such as whether an individual resides in a | 61667 |
|
facility listed in division | 61668 |
| admitted to a nursing facility. | 61669 |
| | 61670 |
| arrangement receiving state supplementation on November 15, 1990, | 61671 |
| under former section 5101.531 of the Revised Code shall not become | 61672 |
| ineligible for payments under this section solely by reason of the | 61673 |
| individual's living arrangement as long as the individual remains | 61674 |
| in the living arrangement in which the individual resided on | 61675 |
| November 15, 1990. | 61676 |
| | 61677 |
| person denied approval for payments under this section of the | 61678 |
| person's right to a hearing. On request, the hearing shall be | 61679 |
| provided in accordance with Chapter 119. of the Revised Code. | 61680 |
| Sec. 5119.691. | 61681 |
| | 61682 |
| 61683 | |
| 61684 |
| | 61685 |
| 61686 | |
| 61687 | |
| 61688 | |
| 61689 |
| | 61690 |
| 61691 |
| | 61692 |
| 61693 | |
| 61694 |
| | 61695 |
| 61696 |
| | 61697 |
| mental health, each residential state supplement administrative | 61698 |
| agency shall determine whether individuals who reside in the area | 61699 |
| that the agency serves and are on a waiting list for the | 61700 |
| residential state supplement program have been admitted to a | 61701 |
| nursing facility. If a residential state supplement administrative | 61702 |
| agency determines that such an individual has been admitted to a | 61703 |
| nursing facility, the agency shall notify the long-term care | 61704 |
| consultation program administrator serving the area in which the | 61705 |
| individual resides about the determination. The administrator | 61706 |
| shall determine whether the residential state supplement program | 61707 |
| is appropriate for the individual and whether the individual would | 61708 |
| rather participate in the program than continue residing in the | 61709 |
| nursing facility. If the administrator determines that the | 61710 |
| residential state supplement program is appropriate for the | 61711 |
| individual and the individual would rather participate in the | 61712 |
| program than continue residing in the nursing facility, the | 61713 |
| administrator shall so notify the department of mental health. On | 61714 |
| receipt of the notice from the administrator, the department of | 61715 |
| mental health shall approve the individual's enrollment in the | 61716 |
| residential state supplement program in accordance with the | 61717 |
|
priorities specified in rules adopted under division | 61718 |
| section 5119.69 of the Revised Code. Each quarter, the department | 61719 |
| of mental health shall certify to the director of budget and | 61720 |
| management the estimated increase in costs of the residential | 61721 |
| state supplement program resulting from enrollment of individuals | 61722 |
| in the program pursuant to this section. | 61723 |
| Sec. 5119.692. As used in this section, "adult foster home" | 61724 |
| means a residence, other than a residential facility licensed | 61725 |
| under section 5119.22 of the Revised Code, in which accommodations | 61726 |
|
and personal care services, as defined in section | 61727 |
| of the Revised Code, are provided to one or two adults who are | 61728 |
| unrelated to the owners of the residence. | 61729 |
| The department of mental health shall adopt rules in | 61730 |
| accordance with Chapter 119. of the Revised Code establishing | 61731 |
| standards for the certification of adult foster homes. The | 61732 |
| department or its designee shall certify adult foster homes that | 61733 |
| apply for certification and meet the standards established by the | 61734 |
| department. | 61735 |
| Sec. 5119.99. | 61736 |
| Revised Code is guilty of a misdemeanor of the first degree. | 61737 |
| | 61738 |
| 61739 | |
| 61740 | |
| 61741 |
| | 61742 |
| 61743 | |
| 61744 | |
| 61745 | |
| 61746 |
| Sec. 5120.036. (A) The department of rehabilitation and | 61747 |
| correction shall provide risk reduction programming and treatment | 61748 |
| for inmates whom a court under section 2929.143 of the Revised | 61749 |
| Code recommends serve a risk reduction sentence and who meet the | 61750 |
| eligibility criteria described in division (B) of this section. | 61751 |
| (B) If an offender is sentenced to a term of imprisonment in | 61752 |
| a state correctional institution and the sentencing court | 61753 |
| recommended that the offender serve a risk reduction sentence, the | 61754 |
| department of rehabilitation and correction shall conduct a | 61755 |
| validated and objective assessment of the person's needs and risk | 61756 |
| of reoffending. If the offender cooperates with the risk | 61757 |
| assessment and agrees to participate in any programming or | 61758 |
| treatment ordered by the department, the department shall provide | 61759 |
| programming and treatment to the offender to address the risks and | 61760 |
| needs identified in the assessment. | 61761 |
| (C) If the department determines that an offender serving a | 61762 |
| term of incarceration for whom the sentencing court recommended a | 61763 |
| risk reduction sentence under section 2929.143 of the Revised Code | 61764 |
| has successfully completed the assessment and treatment or | 61765 |
| programming required by the department under division (B) of this | 61766 |
|
section, the department shall release the offender to | 61767 |
| 61768 | |
| control sanctions after the offender has served each mandatory | 61769 |
| prison term to which the offender was sentenced, if any, and a | 61770 |
| minimum of eighty per cent of the aggregated nonmandatory prison | 61771 |
| terms to which the offender was sentenced. The placement under | 61772 |
| post-release control sanctions shall be under terms set by the | 61773 |
| parole board in accordance with section 2967.28 of the Revised | 61774 |
| Code and shall be subject to the provisions of that section and | 61775 |
| sections 2929.141 and 2967.15 of the Revised Code regarding | 61776 |
| violation of post-release control sanctions. No mandatory prison | 61777 |
| term shall be reduced by, or as a result of, an offender's service | 61778 |
| of a risk reduction sentence. The department shall notify the | 61779 |
| sentencing court that the offender has successfully completed the | 61780 |
| terms of the risk reduction sentence at least thirty days prior to | 61781 |
| the date upon which the offender is to be released. | 61782 |
| (D) As used in this section: | 61783 |
| (1) "Mandatory prison term" has the same meaning as in | 61784 |
| section 2929.01 of the Revised Code. | 61785 |
| (2) "Nonmandatory prison term" means a prison term that is | 61786 |
| not a mandatory prison term. | 61787 |
| (3) "Post-release control" and "post-release control | 61788 |
| sanction" have the same meanings as in section 2967.01 of the | 61789 |
| Revised Code. | 61790 |
| Sec. 5120.105. (A) The | 61791 |
| Ohio facilities construction commission shall provide for the | 61792 |
| construction of a halfway house facility in conformity with | 61793 |
| Chapter 153. of the Revised Code, except that construction | 61794 |
| services may be provided by the department of rehabilitation and | 61795 |
| correction. | 61796 |
| (B) The director of rehabilitation and correction may enter | 61797 |
| into an agreement with a halfway house organization for the | 61798 |
| management of a halfway house facility. The halfway house | 61799 |
| organization that occupies, will occupy, or is responsible for the | 61800 |
| management of a halfway house facility shall pay the costs of | 61801 |
| management of and general building services for the halfway house | 61802 |
| facility as provided in an agreement between the department of | 61803 |
| rehabilitation and correction and the halfway house organization. | 61804 |
| (C) No state funds, including state bond proceeds, shall be | 61805 |
| spent on the construction of a halfway house facility under | 61806 |
| sections 5120.102 to 5120.105 of the Revised Code, unless the | 61807 |
| general assembly has specifically authorized the spending of money | 61808 |
| on, or has made an appropriation to the department of | 61809 |
| rehabilitation and correction for, the construction of the halfway | 61810 |
| house facility or rental payments relating to the financing of the | 61811 |
| construction of that facility. An authorization to spend money or | 61812 |
| an appropriation for planning a halfway house facility does not | 61813 |
| constitute an authorization to spend money on, or an appropriation | 61814 |
| for, the construction of that facility. Capital funds for the | 61815 |
| construction of halfway house facilities under sections 5120.102 | 61816 |
| to 5120.105 of the Revised Code shall be paid from the adult | 61817 |
| correctional building fund created in division (F) of section | 61818 |
| 154.24 of the Revised Code. | 61819 |
| Sec. 5120.132. (A) There is hereby created in the state | 61820 |
| treasury the prisoner programs fund. The director of | 61821 |
| rehabilitation and correction shall deposit in the fund all moneys | 61822 |
| received by the department from commissions on telephone systems | 61823 |
| 61824 | |
| prisoners in relation to electronic mail, prisoner trust fund | 61825 |
| deposits, and the purchase of music, digital music players, and | 61826 |
| other electronic devices. The money in the fund shall be used only | 61827 |
| to pay for the costs of the following: | 61828 |
| (1) The purchase of material, supplies, and equipment used in | 61829 |
| any library program, educational program, religious program, | 61830 |
| recreational program, or pre-release program operated by the | 61831 |
| department for the benefit of prisoners; | 61832 |
| (2) The construction, alteration, repair, or reconstruction | 61833 |
| of buildings and structures owned by the department for use in any | 61834 |
| library program, educational program, religious program, | 61835 |
| recreational program, or pre-release program operated by the | 61836 |
| department for the benefit of prisoners; | 61837 |
| (3) The payment of salary, wages, and other compensation to | 61838 |
| employees of the department who are employed in any library | 61839 |
| program, educational program, religious program, recreational | 61840 |
| program, or pre-release program operated by the department for the | 61841 |
| benefit of prisoners; | 61842 |
| (4) The compensation to vendors that contract with the | 61843 |
| department for the provision of services for the benefit of | 61844 |
| prisoners in any library program, educational program, religious | 61845 |
| program, recreational program, or pre-release program operated by | 61846 |
| the department; | 61847 |
| (5) The payment of prisoner release payments in an | 61848 |
| appropriate amount as determined pursuant to rule; | 61849 |
| (6) The purchase of other goods and the payment of other | 61850 |
| services that are determined, in the discretion of the director, | 61851 |
| to be goods and services that may provide additional benefit to | 61852 |
| prisoners. | 61853 |
| (B) The director shall establish rules for the operation of | 61854 |
| the prisoner programs fund. | 61855 |
| Sec. 5120.66. (A) Within ninety days after November 23, | 61856 |
| 2005, but not before January 1, 2006, the department of | 61857 |
| rehabilitation and correction shall establish and operate on the | 61858 |
| internet a database that contains all of the following: | 61859 |
| (1) For each inmate in the custody of the department under a | 61860 |
| sentence imposed for a conviction of or plea of guilty to any | 61861 |
| offense, all of the following information: | 61862 |
| (a) The inmate's name; | 61863 |
| (b) For each offense for which the inmate was sentenced to a | 61864 |
| prison term or term of imprisonment and is in the department's | 61865 |
| custody, the name of the offense, the Revised Code section of | 61866 |
| which the offense is a violation, the gender of each victim of the | 61867 |
| offense if those facts are known, whether each victim of the | 61868 |
| offense was an adult or child if those facts are known, the range | 61869 |
| of the possible prison terms or term of imprisonment that could | 61870 |
| have been imposed for the offense, the actual prison term or term | 61871 |
| of imprisonment imposed for the offense, the county in which the | 61872 |
| offense was committed, the date on which the inmate began serving | 61873 |
| the prison term or term of imprisonment imposed for the offense, | 61874 |
| and either the date on which the inmate will be eligible for | 61875 |
| parole relative to the offense if the prison term or term of | 61876 |
| imprisonment is an indefinite term or life term or the date on | 61877 |
| which the term ends if the prison term is a definite term; | 61878 |
| (c) All of the following information that is applicable | 61879 |
| regarding the inmate: | 61880 |
| (i) If known to the department prior to the conduct of any | 61881 |
| hearing for judicial release of the defendant pursuant to section | 61882 |
| 2929.20 of the Revised Code in relation to any prison term or term | 61883 |
| of imprisonment the inmate is serving for any offense or any | 61884 |
| hearing for release of the defendant pursuant to section 2967.19 | 61885 |
| of the Revised Code in relation to any such term, notice of the | 61886 |
| fact that the inmate will be having a hearing regarding a possible | 61887 |
| grant of judicial release or release, the date of the hearing, and | 61888 |
| the right of any person pursuant to division (J) of section | 61889 |
| 2929.20 or division (H) of section 2967.19 of the Revised Code, | 61890 |
| whichever is applicable, to submit to the court a written | 61891 |
| statement regarding the possible judicial release or release. The | 61892 |
|
department also shall post notice of the | 61893 |
|
sentencing court of any | 61894 |
| of the inmate pursuant to section 2967.19 of the Revised Code, as | 61895 |
| required by division (E) of that section. | 61896 |
| (ii) If the inmate is serving a prison term pursuant to | 61897 |
| division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), | 61898 |
| or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 61899 |
| Code, prior to the conduct of any hearing pursuant to section | 61900 |
| 2971.05 of the Revised Code to determine whether to modify the | 61901 |
| requirement that the inmate serve the entire prison term in a | 61902 |
| state correctional facility in accordance with division (C) of | 61903 |
| that section, whether to continue, revise, or revoke any existing | 61904 |
| modification of that requirement, or whether to terminate the | 61905 |
| prison term in accordance with division (D) of that section, | 61906 |
| notice of the fact that the inmate will be having a hearing | 61907 |
| regarding those determinations and of the date of the hearing; | 61908 |
| (iii) At least three weeks before the adult parole authority | 61909 |
| recommends a pardon or commutation of sentence for the inmate or | 61910 |
| at least three weeks prior to a hearing before the adult parole | 61911 |
| authority regarding a grant of parole to the inmate in relation to | 61912 |
| any prison term or term of imprisonment the inmate is serving for | 61913 |
| any offense, notice of the fact that the inmate might be under | 61914 |
| consideration for a pardon or commutation of sentence or will be | 61915 |
| having a hearing regarding a possible grant of parole, of the date | 61916 |
| of any hearing regarding a possible grant of parole, and of the | 61917 |
| right of any person to submit a written statement regarding the | 61918 |
| pending action; | 61919 |
| (iv) At least three weeks before the inmate is transferred to | 61920 |
| transitional control under section 2967.26 of the Revised Code in | 61921 |
| relation to any prison term or term of imprisonment the inmate is | 61922 |
| serving for any offense, notice of the pendency of the transfer, | 61923 |
| of the date of the possible transfer, and of the right of any | 61924 |
| person to submit a statement regarding the possible transfer; | 61925 |
| (v) Prompt notice of the inmate's escape from any facility in | 61926 |
| which the inmate was incarcerated and of the capture of the inmate | 61927 |
| after an escape; | 61928 |
| (vi) Notice of the inmate's death while in confinement; | 61929 |
| (vii) Prior to the release of the inmate from confinement, | 61930 |
| notice of the fact that the inmate will be released, of the date | 61931 |
| of the release, and, if applicable, of the standard terms and | 61932 |
| conditions of the release; | 61933 |
| (viii) Notice of the inmate's judicial release pursuant to | 61934 |
| section 2929.20 of the Revised Code or release pursuant to section | 61935 |
| 2967.19 of the Revised Code. | 61936 |
| (2) Information as to where a person can send written | 61937 |
| statements of the types referred to in divisions (A)(1)(c)(i), | 61938 |
| (iii), and (iv) of this section. | 61939 |
| (B)(1) The department shall update the database required | 61940 |
| under division (A) of this section every twenty-four hours to | 61941 |
| ensure that the information it contains is accurate and current. | 61942 |
| (2) The database required under division (A) of this section | 61943 |
| is a public record open for inspection under section 149.43 of the | 61944 |
| Revised Code. The department shall make the database searchable by | 61945 |
| inmate name and by the county and zip code where the offender | 61946 |
| intends to reside after release from a state correctional | 61947 |
| institution if this information is known to the department. | 61948 |
| (3) The database required under division (A) of this section | 61949 |
| may contain information regarding inmates who are listed in the | 61950 |
| database in addition to the information described in that | 61951 |
| division. | 61952 |
| (4) No information included on the database required under | 61953 |
| division (A) of this section shall identify or enable the | 61954 |
| identification of any victim of any offense committed by an | 61955 |
| inmate. | 61956 |
| (C) The failure of the department to comply with the | 61957 |
| requirements of division (A) or (B) of this section does not give | 61958 |
| any rights or any grounds for appeal or post-conviction relief to | 61959 |
| any inmate. | 61960 |
| (D) This section, and the related provisions of sections | 61961 |
| 2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted | 61962 |
| in the act in which this section was enacted, shall be known as | 61963 |
| "Laura's Law." | 61964 |
| Sec. 5122.31. (A) All certificates, applications, records, | 61965 |
| and reports made for the purpose of this chapter and sections | 61966 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 61967 |
| Code, other than court journal entries or court docket entries, | 61968 |
| and directly or indirectly identifying a patient or former patient | 61969 |
| or person whose hospitalization has been sought under this | 61970 |
| chapter, shall be kept confidential and shall not be disclosed by | 61971 |
| any person except: | 61972 |
| (1) If the person identified, or the person's legal guardian, | 61973 |
| if any, or if the person is a minor, the person's parent or legal | 61974 |
| guardian, consents, and if the disclosure is in the best interests | 61975 |
| of the person, as may be determined by the court for judicial | 61976 |
| records and by the chief clinical officer for medical records; | 61977 |
| (2) When disclosure is provided for in this chapter or | 61978 |
| section 5123.60 of the Revised Code; | 61979 |
| (3) That hospitals, boards of alcohol, drug addiction, and | 61980 |
| mental health services, and community mental health agencies may | 61981 |
| release necessary medical information to insurers and other | 61982 |
| third-party payers, including government entities responsible for | 61983 |
| processing and authorizing payment, to obtain payment for goods | 61984 |
| and services furnished to the patient; | 61985 |
| (4) Pursuant to a court order signed by a judge; | 61986 |
| (5) That a patient shall be granted access to the patient's | 61987 |
| own psychiatric and medical records, unless access specifically is | 61988 |
| restricted in a patient's treatment plan for clear treatment | 61989 |
| reasons; | 61990 |
| (6) That hospitals and other institutions and facilities | 61991 |
| within the department of mental health may exchange psychiatric | 61992 |
| records and other pertinent information with other hospitals, | 61993 |
| institutions, and facilities of the department, and with community | 61994 |
| mental health agencies and boards of alcohol, drug addiction, and | 61995 |
| mental health services with which the department has a current | 61996 |
| agreement for patient care or services. Records and information | 61997 |
| that may be released pursuant to this division shall be limited to | 61998 |
| medication history, physical health status and history, financial | 61999 |
| status, summary of course of treatment in the hospital, summary of | 62000 |
| treatment needs, and a discharge summary, if any. | 62001 |
| (7) That hospitals within the department, other institutions | 62002 |
| and facilities within the department, hospitals licensed by the | 62003 |
| department under section 5119.20 of the Revised Code, and | 62004 |
| community mental health agencies may exchange psychiatric records | 62005 |
| and other pertinent information with payers and other providers of | 62006 |
| treatment and health services if the purpose of the exchange is to | 62007 |
| facilitate continuity of care for a patient; | 62008 |
| (8) That a patient's family member who is involved in the | 62009 |
| provision, planning, and monitoring of services to the patient may | 62010 |
| receive medication information, a summary of the patient's | 62011 |
| diagnosis and prognosis, and a list of the services and personnel | 62012 |
| available to assist the patient and the patient's family, if the | 62013 |
| patient's treating physician determines that the disclosure would | 62014 |
| be in the best interests of the patient. No such disclosure shall | 62015 |
| be made unless the patient is notified first and receives the | 62016 |
| information and does not object to the disclosure. | 62017 |
| (9) That community mental health agencies may exchange | 62018 |
| psychiatric records and certain other information with the board | 62019 |
| of alcohol, drug addiction, and mental health services and other | 62020 |
| agencies in order to provide services to a person involuntarily | 62021 |
| committed to a board. Release of records under this division shall | 62022 |
| be limited to medication history, physical health status and | 62023 |
| history, financial status, summary of course of treatment, summary | 62024 |
| of treatment needs, and discharge summary, if any. | 62025 |
| (10) That information may be disclosed to the executor or the | 62026 |
| administrator of an estate of a deceased patient when the | 62027 |
| information is necessary to administer the estate; | 62028 |
| (11) That records in the possession of the Ohio historical | 62029 |
| society may be released to the closest living relative of a | 62030 |
| deceased patient upon request of that relative; | 62031 |
| (12) That information may be disclosed to staff members of | 62032 |
| the appropriate board or to staff members designated by the | 62033 |
| director of mental health for the purpose of evaluating the | 62034 |
| quality, effectiveness, and efficiency of services and determining | 62035 |
| if the services meet minimum standards. Information obtained | 62036 |
| during such evaluations shall not be retained with the name of any | 62037 |
| patient. | 62038 |
| (13) That records pertaining to the patient's diagnosis, | 62039 |
| course of treatment, treatment needs, and prognosis shall be | 62040 |
| disclosed and released to the appropriate prosecuting attorney if | 62041 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 62042 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 62043 |
| attorney designated by the board for proceedings pursuant to | 62044 |
| involuntary commitment under this chapter. | 62045 |
| (14) That the department of mental health may exchange | 62046 |
| psychiatric hospitalization records, other mental health treatment | 62047 |
| records, and other pertinent information with the department of | 62048 |
| rehabilitation and correction to ensure continuity of care for | 62049 |
| inmates who are receiving mental health services in an institution | 62050 |
| of the department of rehabilitation and correction and may | 62051 |
| exchange psychiatric hospitalization records, other mental health | 62052 |
| treatment records, and other pertinent information with boards of | 62053 |
| alcohol, drug addiction, and mental health services and community | 62054 |
| mental health agencies to ensure continuity of care for inmates or | 62055 |
| offenders who are receiving mental health services in an | 62056 |
|
institution and are scheduled for release within six months. | 62057 |
| 62058 | |
| 62059 | |
| 62060 | |
| to records regarding an inmate's or offender's medication history, | 62061 |
| physical health status and history, summary of course of | 62062 |
| treatment, summary of treatment needs, and a discharge summary, if | 62063 |
| any. | 62064 |
| (15) That a community mental health agency that ceases to | 62065 |
| operate may transfer to either a community mental health agency | 62066 |
| that assumes its caseload or to the board of alcohol, drug | 62067 |
| addiction, and mental health services of the service district in | 62068 |
| which the patient resided at the time services were most recently | 62069 |
| provided any treatment records that have not been transferred | 62070 |
| elsewhere at the patient's request. | 62071 |
| (B) Before records are disclosed pursuant to divisions | 62072 |
|
(A)(3), (6), | 62073 |
| records shall attempt to obtain the patient's consent for the | 62074 |
| disclosure. No person shall reveal the contents of a medical | 62075 |
| record of a patient except as authorized by law. | 62076 |
| (C) The managing officer of a hospital who releases necessary | 62077 |
| medical information under division (A)(3) of this section to allow | 62078 |
| an insurance carrier or other third party payor to comply with | 62079 |
| section 5121.43 of the Revised Code shall neither be subject to | 62080 |
| criminal nor civil liability. | 62081 |
| Sec. 5123.01. As used in this chapter: | 62082 |
| (A) "Chief medical officer" means the licensed physician | 62083 |
| appointed by the managing officer of an institution for the | 62084 |
| mentally retarded with the approval of the director of | 62085 |
| developmental disabilities to provide medical treatment for | 62086 |
| residents of the institution. | 62087 |
| (B) "Chief program director" means a person with special | 62088 |
| training and experience in the diagnosis and management of the | 62089 |
| mentally retarded, certified according to division (C) of this | 62090 |
| section in at least one of the designated fields, and appointed by | 62091 |
| the managing officer of an institution for the mentally retarded | 62092 |
| with the approval of the director to provide habilitation and care | 62093 |
| for residents of the institution. | 62094 |
| (C) "Comprehensive evaluation" means a study, including a | 62095 |
| sequence of observations and examinations, of a person leading to | 62096 |
| conclusions and recommendations formulated jointly, with | 62097 |
| dissenting opinions if any, by a group of persons with special | 62098 |
| training and experience in the diagnosis and management of persons | 62099 |
| with mental retardation or a developmental disability, which group | 62100 |
| shall include individuals who are professionally qualified in the | 62101 |
| fields of medicine, psychology, and social work, together with | 62102 |
| such other specialists as the individual case may require. | 62103 |
| (D) "Education" means the process of formal training and | 62104 |
| instruction to facilitate the intellectual and emotional | 62105 |
| development of residents. | 62106 |
| (E) "Habilitation" means the process by which the staff of | 62107 |
| the institution assists the resident in acquiring and maintaining | 62108 |
| those life skills that enable the resident to cope more | 62109 |
| effectively with the demands of the resident's own person and of | 62110 |
| the resident's environment and in raising the level of the | 62111 |
| resident's physical, mental, social, and vocational efficiency. | 62112 |
| Habilitation includes but is not limited to programs of formal, | 62113 |
| structured education and training. | 62114 |
| (F) "Health officer" means any public health physician, | 62115 |
| public health nurse, or other person authorized or designated by a | 62116 |
| city or general health district. | 62117 |
| (G) "Home and community-based services" means medicaid-funded | 62118 |
| home and community-based services specified in division (B)(1) of | 62119 |
| section 5111.87 of the Revised Code provided under the medicaid | 62120 |
| waiver components the department of developmental disabilities | 62121 |
| administers pursuant to section 5111.871 of the Revised Code. | 62122 |
| 62123 | |
| Code, home and community-based services provided under the | 62124 |
| medicaid waiver component known as the transitions developmental | 62125 |
| disabilities waiver are to be considered to be home and | 62126 |
| community-based services for the purposes of this chapter only to | 62127 |
| the extent, if any, provided by the contract required by section | 62128 |
| 5111.871 of the Revised Code regarding the waiver. | 62129 |
| (H) "Indigent person" means a person who is unable, without | 62130 |
| substantial financial hardship, to provide for the payment of an | 62131 |
| attorney and for other necessary expenses of legal representation, | 62132 |
| including expert testimony. | 62133 |
| (I) "Institution" means a public or private facility, or a | 62134 |
| part of a public or private facility, that is licensed by the | 62135 |
| appropriate state department and is equipped to provide | 62136 |
| residential habilitation, care, and treatment for the mentally | 62137 |
| retarded. | 62138 |
| (J) "Licensed physician" means a person who holds a valid | 62139 |
| certificate issued under Chapter 4731. of the Revised Code | 62140 |
| authorizing the person to practice medicine and surgery or | 62141 |
| osteopathic medicine and surgery, or a medical officer of the | 62142 |
| government of the United States while in the performance of the | 62143 |
| officer's official duties. | 62144 |
| (K) "Managing officer" means a person who is appointed by the | 62145 |
| director of developmental disabilities to be in executive control | 62146 |
| of an institution for the mentally retarded under the jurisdiction | 62147 |
| of the department. | 62148 |
| (L) "Medicaid" has the same meaning as in section 5111.01 of | 62149 |
| the Revised Code. | 62150 |
| (M) "Medicaid case management services" means case management | 62151 |
| services provided to an individual with mental retardation or | 62152 |
| other developmental disability that the state medicaid plan | 62153 |
| requires. | 62154 |
| (N) "Mentally retarded person" means a person having | 62155 |
| significantly subaverage general intellectual functioning existing | 62156 |
| concurrently with deficiencies in adaptive behavior, manifested | 62157 |
| during the developmental period. | 62158 |
| (O) "Mentally retarded person subject to institutionalization | 62159 |
| by court order" means a person eighteen years of age or older who | 62160 |
| is at least moderately mentally retarded and in relation to whom, | 62161 |
| because of the person's retardation, either of the following | 62162 |
| conditions exist: | 62163 |
| (1) The person represents a very substantial risk of physical | 62164 |
| impairment or injury to self as manifested by evidence that the | 62165 |
| person is unable to provide for and is not providing for the | 62166 |
| person's most basic physical needs and that provision for those | 62167 |
| needs is not available in the community; | 62168 |
| (2) The person needs and is susceptible to significant | 62169 |
| habilitation in an institution. | 62170 |
| (P) "A person who is at least moderately mentally retarded" | 62171 |
| means a person who is found, following a comprehensive evaluation, | 62172 |
| to be impaired in adaptive behavior to a moderate degree and to be | 62173 |
| functioning at the moderate level of intellectual functioning in | 62174 |
| accordance with standard measurements as recorded in the most | 62175 |
| current revision of the manual of terminology and classification | 62176 |
| in mental retardation published by the American association on | 62177 |
| mental retardation. | 62178 |
| (Q) As used in this division, "substantial functional | 62179 |
| limitation," "developmental delay," and "established risk" have | 62180 |
| the meanings established pursuant to section 5123.011 of the | 62181 |
| Revised Code. | 62182 |
| "Developmental disability" means a severe, chronic disability | 62183 |
| that is characterized by all of the following: | 62184 |
| (1) It is attributable to a mental or physical impairment or | 62185 |
| a combination of mental and physical impairments, other than a | 62186 |
| mental or physical impairment solely caused by mental illness as | 62187 |
| defined in division (A) of section 5122.01 of the Revised Code. | 62188 |
| (2) It is manifested before age twenty-two. | 62189 |
| (3) It is likely to continue indefinitely. | 62190 |
| (4) It results in one of the following: | 62191 |
| (a) In the case of a person under three years of age, at | 62192 |
| least one developmental delay or an established risk; | 62193 |
| (b) In the case of a person at least three years of age but | 62194 |
| under six years of age, at least two developmental delays or an | 62195 |
| established risk; | 62196 |
| (c) In the case of a person six years of age or older, a | 62197 |
| substantial functional limitation in at least three of the | 62198 |
| following areas of major life activity, as appropriate for the | 62199 |
| person's age: self-care, receptive and expressive language, | 62200 |
| learning, mobility, self-direction, capacity for independent | 62201 |
| living, and, if the person is at least sixteen years of age, | 62202 |
| capacity for economic self-sufficiency. | 62203 |
| (5) It causes the person to need a combination and sequence | 62204 |
| of special, interdisciplinary, or other type of care, treatment, | 62205 |
| or provision of services for an extended period of time that is | 62206 |
| individually planned and coordinated for the person. | 62207 |
| (R) "Developmentally disabled person" means a person with a | 62208 |
| developmental disability. | 62209 |
| (S) "State institution" means an institution that is | 62210 |
| tax-supported and under the jurisdiction of the department. | 62211 |
| (T) "Residence" and "legal residence" have the same meaning | 62212 |
| as "legal settlement," which is acquired by residing in Ohio for a | 62213 |
| period of one year without receiving general assistance prior to | 62214 |
| July 17, 1995, under former Chapter 5113. of the Revised Code, | 62215 |
| financial assistance under Chapter 5115. of the Revised Code, or | 62216 |
| assistance from a private agency that maintains records of | 62217 |
| assistance given. A person having a legal settlement in the state | 62218 |
| shall be considered as having legal settlement in the assistance | 62219 |
| area in which the person resides. No adult person coming into this | 62220 |
| state and having a spouse or minor children residing in another | 62221 |
| state shall obtain a legal settlement in this state as long as the | 62222 |
| spouse or minor children are receiving public assistance, care, or | 62223 |
| support at the expense of the other state or its subdivisions. For | 62224 |
| the purpose of determining the legal settlement of a person who is | 62225 |
| living in a public or private institution or in a home subject to | 62226 |
| licensing by the department of job and family services, the | 62227 |
| department of mental health, or the department of developmental | 62228 |
| disabilities, the residence of the person shall be considered as | 62229 |
| though the person were residing in the county in which the person | 62230 |
| was living prior to the person's entrance into the institution or | 62231 |
| home. Settlement once acquired shall continue until a person has | 62232 |
| been continuously absent from Ohio for a period of one year or has | 62233 |
| acquired a legal residence in another state. A woman who marries a | 62234 |
| man with legal settlement in any county immediately acquires the | 62235 |
| settlement of her husband. The legal settlement of a minor is that | 62236 |
| of the parents, surviving parent, sole parent, parent who is | 62237 |
| designated the residential parent and legal custodian by a court, | 62238 |
| other adult having permanent custody awarded by a court, or | 62239 |
| guardian of the person of the minor, provided that: | 62240 |
| (1) A minor female who marries shall be considered to have | 62241 |
| the legal settlement of her husband and, in the case of death of | 62242 |
| her husband or divorce, she shall not thereby lose her legal | 62243 |
| settlement obtained by the marriage. | 62244 |
| (2) A minor male who marries, establishes a home, and who has | 62245 |
| resided in this state for one year without receiving general | 62246 |
| assistance prior to July 17, 1995, under former Chapter 5113. of | 62247 |
| the Revised Code, financial assistance under Chapter 5115. of the | 62248 |
| Revised Code, or assistance from a private agency that maintains | 62249 |
| records of assistance given shall be considered to have obtained a | 62250 |
| legal settlement in this state. | 62251 |
| (3) The legal settlement of a child under eighteen years of | 62252 |
| age who is in the care or custody of a public or private child | 62253 |
| caring agency shall not change if the legal settlement of the | 62254 |
| parent changes until after the child has been in the home of the | 62255 |
| parent for a period of one year. | 62256 |
| No person, adult or minor, may establish a legal settlement | 62257 |
| in this state for the purpose of gaining admission to any state | 62258 |
| institution. | 62259 |
| (U)(1) "Resident" means, subject to division (R)(2) of this | 62260 |
| section, a person who is admitted either voluntarily or | 62261 |
| involuntarily to an institution or other facility pursuant to | 62262 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 62263 |
| Code subsequent to a finding of not guilty by reason of insanity | 62264 |
| or incompetence to stand trial or under this chapter who is under | 62265 |
| observation or receiving habilitation and care in an institution. | 62266 |
| (2) "Resident" does not include a person admitted to an | 62267 |
| institution or other facility under section 2945.39, 2945.40, | 62268 |
| 2945.401, or 2945.402 of the Revised Code to the extent that the | 62269 |
| reference in this chapter to resident, or the context in which the | 62270 |
| reference occurs, is in conflict with any provision of sections | 62271 |
| 2945.37 to 2945.402 of the Revised Code. | 62272 |
| (V) "Respondent" means the person whose detention, | 62273 |
| commitment, or continued commitment is being sought in any | 62274 |
| proceeding under this chapter. | 62275 |
| (W) "Working day" and "court day" mean Monday, Tuesday, | 62276 |
| Wednesday, Thursday, and Friday, except when such day is a legal | 62277 |
| holiday. | 62278 |
| (X) "Prosecutor" means the prosecuting attorney, village | 62279 |
| solicitor, city director of law, or similar chief legal officer | 62280 |
| who prosecuted a criminal case in which a person was found not | 62281 |
| guilty by reason of insanity, who would have had the authority to | 62282 |
| prosecute a criminal case against a person if the person had not | 62283 |
| been found incompetent to stand trial, or who prosecuted a case in | 62284 |
| which a person was found guilty. | 62285 |
| (Y) "Court" means the probate division of the court of common | 62286 |
| pleas. | 62287 |
| (Z) "Supported living" and "residential services" have the | 62288 |
| same meanings as in section 5126.01 of the Revised Code. | 62289 |
| Sec. 5123.033. The program fee fund is hereby created in the | 62290 |
| state treasury. All fees collected pursuant to sections 5123.161, | 62291 |
|
5123.164, and 5123.19 | 62292 |
| credited to the fund. Money credited to the fund shall be used | 62293 |
| solely for the department of developmental disabilities' duties | 62294 |
|
under sections 5123.16 to | 62295 |
| 62296 | |
|
and professional training to | 62297 |
| 62298 | |
| 62299 | |
| with mental retardation or a developmental disability. If the | 62300 |
| money credited to the fund is inadequate to pay all of the | 62301 |
| department's costs in performing those duties and providing the | 62302 |
| continuing education and professional training, the department may | 62303 |
| use other available funds appropriated to the department to pay | 62304 |
| the remaining costs of performing those duties and providing the | 62305 |
| continuing education and professional training. | 62306 |
| Sec. 5123.042. | 62307 |
| 5123.197 of the Revised Code, each person or government entity | 62308 |
| seeking to develop new or modify existing residential services | 62309 |
| shall submit to the department of developmental disabilities a | 62310 |
| plan for the development or modification. The department shall | 62311 |
| approve a plan that is submitted in accordance with rules adopted | 62312 |
| under this section and meets the uniform standards for plans | 62313 |
| established in those rules. | 62314 |
| The director of developmental disabilities shall adopt rules | 62315 |
| in accordance with Chapter 119. of the Revised Code establishing | 62316 |
| the following: | 62317 |
| | 62318 |
| (B) Uniform standards | 62319 |
| | 62320 |
| 62321 | |
| 62322 | |
| 62323 |
| | 62324 |
| 62325 |
| | 62326 |
| 62327 | |
| 62328 |
| | 62329 |
| 62330 | |
| 62331 | |
| 62332 | |
| 62333 | |
| 62334 | |
| 62335 | |
| 62336 | |
| 62337 |
| | 62338 |
| 62339 | |
| 62340 | |
| 62341 | |
| 62342 | |
| 62343 |
| | 62344 |
| 62345 | |
| 62346 | |
| 62347 | |
| 62348 | |
| 62349 | |
| 62350 | |
| 62351 |
| Sec. 5123.044. The department of developmental disabilities | 62352 |
| shall determine whether county boards of developmental | 62353 |
|
disabilities | 62354 |
| individuals with mental retardation or other developmental | 62355 |
| disabilities have under section 5126.046 of the Revised Code to | 62356 |
| obtain home and community-based services, nonmedicaid residential | 62357 |
| services, or nonmedicaid supported living from qualified and | 62358 |
| willing providers. The department shall provide assistance to an | 62359 |
| individual with mental retardation or other developmental | 62360 |
|
disability who requests assistance with the individual's | 62361 |
| rights under that section | 62362 |
| 62363 | |
| 62364 | |
| notified of a county board's alleged violation of the individual's | 62365 |
| 62366 |
| Sec. 5123.0412. (A) The department of developmental | 62367 |
| disabilities shall charge each county board of developmental | 62368 |
| disabilities an annual fee equal to one and one-quarter per cent | 62369 |
| of the total value of all medicaid paid claims for home and | 62370 |
| community-based services provided during the year to an individual | 62371 |
| eligible for services from the county board. However, the | 62372 |
| department shall not charge the fee for home and community-based | 62373 |
| services provided under the medicaid waiver component known as the | 62374 |
| transitions developmental disabilities waiver. No county board | 62375 |
| shall pass the cost of a fee charged to the county board under | 62376 |
| this section on to another provider of these services. | 62377 |
| (B) The fees collected under this section shall be deposited | 62378 |
| into the ODDD administration and oversight fund and the ODJFS | 62379 |
| administration and oversight fund, both of which are hereby | 62380 |
| created in the state treasury. The portion of the fees to be | 62381 |
| deposited into the ODDD administration and oversight fund and the | 62382 |
| portion of the fees to be deposited into the ODJFS administration | 62383 |
| and oversight fund shall be the portion specified in an | 62384 |
| interagency agreement entered into under division (C) of this | 62385 |
| section. The department of developmental disabilities shall use | 62386 |
| the money in the ODDD administration and oversight fund and the | 62387 |
| department of job and family services shall use the money in the | 62388 |
| ODJFS administration and oversight fund for both of the following | 62389 |
| purposes: | 62390 |
| (1) Medicaid administrative costs, including administrative | 62391 |
| and oversight costs of medicaid case management services and home | 62392 |
| and community-based services. The administrative and oversight | 62393 |
| costs of medicaid case management services and home and | 62394 |
| community-based services shall include costs for staff, systems, | 62395 |
| and other resources the departments need and dedicate solely to | 62396 |
| the following duties associated with the services: | 62397 |
| (a) Eligibility determinations; | 62398 |
| (b) Training; | 62399 |
| (c) Fiscal management; | 62400 |
| (d) Claims processing; | 62401 |
| (e) Quality assurance oversight; | 62402 |
| (f) Other duties the departments identify. | 62403 |
| (2) Providing technical support to county boards' local | 62404 |
| administrative authority under section 5126.055 of the Revised | 62405 |
| Code for the services. | 62406 |
| (C) The departments of developmental disabilities and job and | 62407 |
| family services shall enter into an interagency agreement to do | 62408 |
| both of the following: | 62409 |
| (1) Specify which portion of the fees collected under this | 62410 |
| section is to be deposited into the ODDD administration and | 62411 |
| oversight fund and which portion is to be deposited into the ODJFS | 62412 |
| administration and oversight fund; | 62413 |
| (2) Provide for the departments to coordinate the staff whose | 62414 |
| costs are paid for with money in the ODDD administration and | 62415 |
| oversight fund and the ODJFS administration and oversight fund. | 62416 |
| (D) The departments shall submit an annual report to the | 62417 |
| director of budget and management certifying how the departments | 62418 |
| spent the money in the ODDD administration and oversight fund and | 62419 |
| the ODJFS administration and oversight fund for the purposes | 62420 |
| specified in division (B) of this section. | 62421 |
| Sec. 5123.0414. (A) When the director of developmental | 62422 |
| disabilities, under section 119.07 of the Revised Code, sends a | 62423 |
| party a notice by registered mail, return receipt requested, that | 62424 |
| the director intends to take action against the party authorized | 62425 |
|
by section | 62426 |
| 5123.51, or 5126.25 of the Revised Code and the notice is returned | 62427 |
| to the director with an endorsement indicating that the notice was | 62428 |
| refused or unclaimed, the director shall resend the notice by | 62429 |
| ordinary mail to the party. | 62430 |
| (B) If the original notice was refused, the notice shall be | 62431 |
| deemed received as of the date the director resends the notice. | 62432 |
| (C) If the original notice was unclaimed, the notice shall be | 62433 |
| deemed received as of the date the director resends the notice | 62434 |
| unless, not later than thirty days after the date the director | 62435 |
| sent the original notice, the resent notice is returned to the | 62436 |
| director for failure of delivery. | 62437 |
| If the notice concerns taking action under section 5123.51 of | 62438 |
| the Revised Code and the resent notice is returned to the director | 62439 |
| for failure of delivery not later than thirty days after the date | 62440 |
| the director sent the original notice, the director shall cause | 62441 |
| the notice to be published in a newspaper of general circulation | 62442 |
| in the county of the party's last known residence or business and | 62443 |
| shall mail a dated copy of the published notice to the party at | 62444 |
| the last known address. The notice shall be deemed received as of | 62445 |
| the date of the publication. | 62446 |
| If the notice concerns taking action under section | 62447 |
| 5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised | 62448 |
| Code and the resent notice is returned to the director for failure | 62449 |
| of delivery not later than thirty days after the date the director | 62450 |
| sent the original notice, the director shall resend the notice to | 62451 |
| the party a second time. The notice shall be deemed received as of | 62452 |
| the date the director resends the notice the second time. | 62453 |
| Sec. 5123.0415. | 62454 |
| 62455 |
| Each person and each government entity that applies for or | 62456 |
| holds a valid license, certification, or registration issued under | 62457 |
|
section | 62458 |
| 62459 | |
|
developmental disabilities of any change in the | 62460 |
| or government entity's address. | 62461 |
| Sec. 5123.081. (A) As used in this section: | 62462 |
| (1)(a) "Applicant" means | 62463 |
| (i) A person who is under final consideration for appointment | 62464 |
| to or employment with the department of developmental | 62465 |
|
disabilities | 62466 |
| of developmental disabilities; | 62467 |
| (ii) A person who is being transferred to the department | 62468 |
| 62469 |
| (iii) An employee who is being recalled to or reemployed by | 62470 |
| the department or a county board after a layoff; | 62471 |
| (iv) A person under final consideration for a direct services | 62472 |
| position with a provider or subcontractor. | 62473 |
| (b) Neither of the following is an applicant: | 62474 |
| (i) A person who is employed by a responsible entity in a | 62475 |
| position for which a criminal records check is required by this | 62476 |
| section and either is being considered for a different position | 62477 |
| with the responsible entity or is returning after a leave of | 62478 |
| absence or seasonal break in employment, unless the responsible | 62479 |
| entity has reason to believe that the person has committed a | 62480 |
| disqualifying offense; | 62481 |
| (ii) A person who is to provide only respite care under a | 62482 |
| family support services program established under section 5126.11 | 62483 |
| of the Revised Code if a family member of the individual with | 62484 |
| mental retardation or a developmental disability who is to receive | 62485 |
| the respite care selects the person. | 62486 |
| (2) "Criminal records check" has the same meaning as in | 62487 |
| section 109.572 of the Revised Code. | 62488 |
| (3) "Direct services position" means an employment position | 62489 |
| in which the employee has the opportunity to be alone with or | 62490 |
| exercises supervision or control over one or more individuals with | 62491 |
| mental retardation or a developmental disability. | 62492 |
| (4) "Disqualifying offense" means any of the following: | 62493 |
| (a) One or more violations of section 959.13, 959.131, | 62494 |
| 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, | 62495 |
| 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, | 62496 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 2905.12, | 62497 |
| 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, | 62498 |
| 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, | 62499 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, | 62500 |
| 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, | 62501 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, | 62502 |
| 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, | 62503 |
| 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 62504 |
| 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, | 62505 |
| 2919.123, 2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, | 62506 |
| 2921.21, 2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, | 62507 |
| 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, | 62508 |
| 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 62509 |
| 2925.06, 2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, | 62510 |
| 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised | 62511 |
| Code; | 62512 |
| (b) One or more violations of section 2905.04 of the Revised | 62513 |
| Code as it existed prior to July 1, 1996; | 62514 |
| (c) One or more violations of section 2919.23 of the Revised | 62515 |
| Code that would have been a violation of section 2905.04 of the | 62516 |
| Revised Code as it existed prior to July 1, 1996, had the | 62517 |
| violation occurred prior to that date; | 62518 |
| (d) One violation of section 2925.11 of the Revised Code that | 62519 |
| is not a minor drug possession offense; | 62520 |
| (e) Two or more violations of section 2925.11 of the Revised | 62521 |
| Code, regardless of whether any of the violations are a minor drug | 62522 |
| possession offense; | 62523 |
| (f) One or more violations of felonious sexual penetration | 62524 |
| under former section 2907.12 of the Revised Code; | 62525 |
| (g) One or more violations of section 2923.01, 2923.02, or | 62526 |
| 2923.03 of the Revised Code when the underlying offense that is | 62527 |
| the object of the conspiracy, attempt, or complicity is one of the | 62528 |
| offenses listed in divisions (A)(4)(a) to (f) of this section; | 62529 |
| (h) One or more felonies contained in the Revised Code that | 62530 |
| are not listed in divisions (A)(4)(a) to (g) of this section, if | 62531 |
| the felony bears a direct and substantial relationship to the | 62532 |
| duties and responsibilities of the position being filled; | 62533 |
| (i) One or more offenses contained in the Revised Code | 62534 |
| constituting a misdemeanor of the first degree on the first | 62535 |
| offense and a felony on a subsequent offense, if the offense bears | 62536 |
| a direct and substantial relationship to the position being filled | 62537 |
| and the nature of the services being provided by the responsible | 62538 |
| entity; | 62539 |
| (j) One or more violations of an existing or former municipal | 62540 |
| ordinance or law of this state, any other state, or the United | 62541 |
| States, if the offense is substantially equivalent to any of the | 62542 |
| offenses listed or described in divisions (A)(4)(a) to (i) of this | 62543 |
| section. | 62544 |
| (5)(a) "Employee" means either of the following: | 62545 |
| (i) A person appointed to or employed by the department of | 62546 |
| developmental disabilities or a county board of developmental | 62547 |
| disabilities; | 62548 |
| (ii) A person employed in a direct services position by a | 62549 |
| provider or subcontractor. | 62550 |
| (b) "Employee" does not mean a person who provides only | 62551 |
| respite care under a family support services program established | 62552 |
| under section 5126.11 of the Revised Code if a family member of | 62553 |
| the individual with mental retardation or a developmental | 62554 |
| disability who receives the respite care selected the person. | 62555 |
| (6) "Minor drug possession offense" has the same meaning as | 62556 |
| in section 2925.01 of the Revised Code. | 62557 |
| (7) "Provider" means a person that provides specialized | 62558 |
| services to individuals with mental retardation or a developmental | 62559 |
| disability and employs one or more persons in direct services | 62560 |
| positions. | 62561 |
| (8) "Responsible entity" means the following: | 62562 |
| (a) The department of developmental disabilities in the case | 62563 |
| of either of the following: | 62564 |
| (i) A person who is an applicant because the person is under | 62565 |
| final consideration for appointment to or employment with the | 62566 |
| department, being transferred to the department, or being recalled | 62567 |
| to or reemployed by the department after a layoff; | 62568 |
| (ii) A person who is an employee because the person is | 62569 |
| appointed to or employed by the department. | 62570 |
| (b) A county board of developmental disabilities in the case | 62571 |
| of either of the following: | 62572 |
| (i) A person who is an applicant because the person is under | 62573 |
| final consideration for appointment to or employment with the | 62574 |
| county board, being transferred to the county board, or being | 62575 |
| recalled to or reemployed by the county board after a layoff; | 62576 |
| (ii) A person who is an employee because the person is | 62577 |
| appointed to or employed by the county board. | 62578 |
| (c) A provider in the case of either of the following: | 62579 |
| (i) A person who is an applicant because the person is under | 62580 |
| final consideration for a direct services position with the | 62581 |
| provider; | 62582 |
| (ii) A person who is an employee because the person is | 62583 |
| employed in a direct services position by the provider. | 62584 |
| (d) A subcontractor in the case of either of the following: | 62585 |
| (i) A person who is an applicant because the person is under | 62586 |
| final consideration for a direct services position with the | 62587 |
| subcontractor; | 62588 |
| (ii) A person who is an employee because the person is | 62589 |
| employed in a direct services position by the subcontractor. | 62590 |
| (9) "Specialized services" means any program or service | 62591 |
| designed and operated to serve primarily individuals with mental | 62592 |
| retardation or a developmental disability, including a program or | 62593 |
| service provided by an entity licensed or certified by the | 62594 |
| department of developmental disabilities. If there is a question | 62595 |
| as to whether a provider or subcontractor is providing specialized | 62596 |
| services, the provider or subcontractor may request that the | 62597 |
| director of developmental disabilities make a determination. The | 62598 |
| director's determination is final. | 62599 |
| (10) "Subcontractor" means a person to which both of the | 62600 |
| following apply: | 62601 |
| (a) The person has either of the following: | 62602 |
| (i) A subcontract with a provider to provide specialized | 62603 |
| services included in the contract between the provider and the | 62604 |
| department of developmental disabilities or a county board of | 62605 |
| developmental disabilities; | 62606 |
| (ii) A subcontract with another subcontractor to provide | 62607 |
| specialized services included in a subcontract between the other | 62608 |
| subcontractor and a provider or other subcontractor. | 62609 |
| (b) The person employs one or more persons in direct services | 62610 |
| positions. | 62611 |
| (B) | 62612 |
| entity shall not employ an applicant or continue to employ an | 62613 |
| employee if either of the following applies: | 62614 |
| (1) The applicant or employee fails to comply with division | 62615 |
| (D)(3) of this section. | 62616 |
| (2) Except as provided in rules adopted under this section, | 62617 |
| the applicant or employee is found by a criminal records check | 62618 |
| required by this section to have been convicted of, pleaded guilty | 62619 |
| to, or been found eligible for intervention in lieu of conviction | 62620 |
| for a disqualifying offense. | 62621 |
| (C) Before employing an applicant in a position for which a | 62622 |
| criminal records check is required by this section, a responsible | 62623 |
| entity shall require the applicant to submit a statement with the | 62624 |
| applicant's signature attesting that the applicant has not been | 62625 |
| convicted of, pleaded guilty to, or been found eligible for | 62626 |
| intervention in lieu of conviction for a disqualifying offense. | 62627 |
| The responsible entity also shall require the applicant to sign an | 62628 |
| agreement under which the applicant agrees to notify the | 62629 |
| responsible entity within fourteen calendar days if, while | 62630 |
| employed by the responsible entity, the applicant is formally | 62631 |
| charged with, is convicted of, pleads guilty to, or is found | 62632 |
| eligible for intervention in lieu of conviction for a | 62633 |
| disqualifying offense. The agreement shall provide that the | 62634 |
| applicant's failure to provide the notification may result in | 62635 |
| termination of the applicant's employment. | 62636 |
| (D)(1) As a condition of employing any applicant in a | 62637 |
| position for which a criminal records check is required by this | 62638 |
| section, a responsible entity shall request the superintendent of | 62639 |
| the bureau of criminal identification and investigation to conduct | 62640 |
|
a criminal records check | 62641 |
| 62642 | |
| 62643 | |
| 62644 | |
| 62645 | |
| 62646 | |
| 62647 |
| | 62648 |
| require an employee to undergo a criminal records check, a | 62649 |
| responsible entity shall request the superintendent to conduct a | 62650 |
| criminal records check of the employee at times specified in the | 62651 |
| rules as a condition of the responsible entity's continuing to | 62652 |
| employ the employee in a position for which a criminal records | 62653 |
| check is required by this section. If an applicant or employee | 62654 |
| does not present proof that the applicant or employee has been a | 62655 |
| resident of this state for the five-year period immediately prior | 62656 |
| to the date upon which the criminal records check is requested, | 62657 |
|
the | 62658 |
|
superintendent | 62659 |
| bureau of investigation as a part of the criminal records check | 62660 |
| 62661 | |
| that the applicant or employee has been a resident of this state | 62662 |
|
for that five-year period, the | 62663 |
|
request that the superintendent | 62664 |
| from the federal bureau of investigation in the criminal records | 62665 |
| check. For purposes of this division, an applicant or employee may | 62666 |
| provide proof of residency in this state by presenting, with a | 62667 |
| notarized statement asserting that the applicant or employee has | 62668 |
| been a resident of this state for that five-year period, a valid | 62669 |
| driver's license, notification of registration as an elector, a | 62670 |
| copy of an officially filed federal or state tax form identifying | 62671 |
| the applicant's or employee's permanent residence, or any other | 62672 |
|
document the | 62673 |
| | 62674 |
| all of the following: | 62675 |
| (a) Provide to each applicant and employee for whom a | 62676 |
| criminal records check is required by this section a copy of the | 62677 |
| form prescribed pursuant to division (C)(1) of section 109.572 of | 62678 |
|
the Revised Code | 62679 |
| impression sheet to obtain fingerprint impressions prescribed | 62680 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 62681 |
|
Code | 62682 |
| (b) Obtain the completed form and standard impression sheet | 62683 |
|
from | 62684 |
| (c) Forward the completed form and standard impression sheet | 62685 |
|
to the superintendent | 62686 |
| 62687 |
| (3) Any applicant or employee who receives pursuant to this | 62688 |
| division a copy of the form prescribed pursuant to division (C)(1) | 62689 |
|
of section 109.572 of the Revised Code and a copy of | 62690 |
| standard impression sheet prescribed pursuant to division (C)(2) | 62691 |
| of that section and who is requested to complete the form and | 62692 |
| provide a set of the applicant's or employee's fingerprint | 62693 |
| impressions shall complete the form or provide all the information | 62694 |
|
necessary to complete the form and shall provide the | 62695 |
| standard impression sheet with the impressions of the applicant's | 62696 |
| or employee's fingerprints. | 62697 |
| 62698 | |
| 62699 | |
| 62700 |
| | 62701 |
| bureau of criminal identification and investigation the fee | 62702 |
| prescribed pursuant to division (C)(3) of section 109.572 of the | 62703 |
| Revised Code for each criminal records check requested and | 62704 |
| conducted pursuant to this section. | 62705 |
| (E) A responsible entity may request any other state or | 62706 |
|
federal agency to supply the | 62707 |
|
written report regarding the criminal record of | 62708 |
| or employee. | 62709 |
| 62710 | |
|
professional license or other credentials, the
| 62711 |
| responsible entity may request that the state or federal agency | 62712 |
| that regulates the employee's occupation or profession supply the | 62713 |
| 62714 | |
| information pertaining to the employee's criminal record that the | 62715 |
| agency obtains in the course of conducting an investigation or in | 62716 |
| the process of renewing the employee's license or other | 62717 |
| credentials. The responsible entity may consider the reports when | 62718 |
| determining whether to employ the applicant or to continue to | 62719 |
| employ the employee. | 62720 |
| | 62721 |
| 62722 | |
| 62723 | |
| 62724 | |
| 62725 |
| | 62726 |
| 62727 | |
| 62728 | |
| 62729 | |
| 62730 | |
| 62731 | |
| 62732 | |
| 62733 | |
| 62734 | |
| 62735 | |
| 62736 | |
| 62737 | |
| 62738 | |
| 62739 | |
| 62740 | |
| 62741 |
| | 62742 |
| 62743 | |
| 62744 | |
| 62745 |
| | 62746 |
| 62747 | |
| 62748 | |
| 62749 | |
| 62750 |
| | 62751 |
| 62752 | |
| 62753 | |
| 62754 | |
| 62755 |
| (F) | 62756 |
| 62757 | |
| 62758 | |
| 62759 | |
| 62760 | |
| 62761 | |
| 62762 | |
| 62763 | |
| 62764 | |
| 62765 | |
| 62766 | |
| 62767 | |
| 62768 | |
| applicant in a position for which a criminal records check is | 62769 |
| required by this section and that involves transporting | 62770 |
| individuals with mental retardation or developmental disabilities | 62771 |
| or operating a responsible entity's vehicles for any purpose, the | 62772 |
| responsible entity shall obtain the applicant's driving record | 62773 |
| from the bureau of motor vehicles. If rules adopted under this | 62774 |
| section require a responsible entity to obtain an employee's | 62775 |
| driving record, the responsible entity shall obtain the employee's | 62776 |
| driving record from the bureau at times specified in the rules as | 62777 |
| a condition of continuing to employ the employee. The responsible | 62778 |
| entity may consider the applicant's or employee's driving record | 62779 |
| when determining whether to employ the applicant or to continue to | 62780 |
| employ the employee. | 62781 |
| (G) | 62782 |
| 62783 | |
| 62784 | |
| 62785 | |
| 62786 | |
| conditionally pending receipt of a report regarding the applicant | 62787 |
| requested under this section. The responsible entity shall | 62788 |
| terminate the applicant's employment if it is determined from a | 62789 |
| report that the applicant failed to inform the responsible entity | 62790 |
| that the applicant had been convicted of, pleaded guilty to, or | 62791 |
| been found eligible for intervention in lieu of conviction for a | 62792 |
| disqualifying offense. | 62793 |
| (H) A responsible entity may charge an applicant a fee for | 62794 |
| costs the responsible entity incurs in obtaining a report | 62795 |
| regarding the applicant under this section if the responsible | 62796 |
| entity notifies the applicant of the amount of the fee at the time | 62797 |
| of the applicant's initial application for employment and that, | 62798 |
| unless the fee is paid, the responsible entity will not consider | 62799 |
| the applicant for employment. The fee shall not exceed the amount | 62800 |
| of the fee, if any, the responsible entity pays for the report. | 62801 |
| (I)(1) Any report obtained pursuant to this section is not a | 62802 |
| public record for purposes of section 149.43 of the Revised Code | 62803 |
| and shall not be made available to any person, other than the | 62804 |
| following: | 62805 |
| (a) The applicant or employee who is the subject of the | 62806 |
| 62807 | |
| or employee's representative | 62808 |
| (b) The responsible entity that requested the report or its | 62809 |
|
representative | 62810 |
| 62811 |
| (c) The department if a county board, provider, or | 62812 |
| subcontractor is the responsible entity that requested the report | 62813 |
| and the department requests the responsible entity to provide a | 62814 |
| copy of the report to the department; | 62815 |
| (d) A county board if a provider or subcontractor is the | 62816 |
| responsible entity that requested the report and the county board | 62817 |
| requests the responsible entity to provide a copy of the report to | 62818 |
| the county board; | 62819 |
| (e) Any court, hearing officer, or other necessary individual | 62820 |
|
involved in a case dealing with | 62821 |
| (i) The denial of employment to the applicant or | 62822 |
| employee; | 62823 |
| (ii) The denial, suspension, or revocation of a certificate | 62824 |
| 62825 | |
| 5123.45 of the Revised Code; | 62826 |
| (iii) A civil or criminal action regarding the medicaid | 62827 |
| program or a program the department administers. | 62828 |
| (2) An | 62829 |
| responsible entity has obtained reports under this section may | 62830 |
|
submit a written request to the | 62831 |
| have copies of the reports sent to any state agency, entity of | 62832 |
|
local government, or private entity. The | 62833 |
| employee shall specify in the request the agencies or entities to | 62834 |
| which the copies are to be sent. On receiving the request, the | 62835 |
| 62836 | |
| the agencies or entities specified. | 62837 |
| | 62838 |
| state agency, entity of local government, or private entity send | 62839 |
|
copies to the | 62840 |
| a records check or criminal records check that the agency or | 62841 |
|
entity possesses, if the | 62842 |
| written consent of the individual who is the subject of the | 62843 |
| report. | 62844 |
| | 62845 |
| 62846 | |
| 62847 | |
| 62848 | |
| 62849 | |
| 62850 | |
| 62851 | |
| 62852 | |
| 62853 |
| | 62854 |
|
applicant and employee with a copy of any report | 62855 |
| obtained about the applicant or employee under this section. | 62856 |
| | 62857 |
| 62858 | |
| 62859 | |
| 62860 | |
| 62861 | |
| 62862 | |
| 62863 | |
| 62864 |
| | 62865 |
| 62866 | |
| 62867 | |
| 62868 | |
| 62869 | |
| 62870 |
| | 62871 |
| 62872 | |
| 62873 | |
| 62874 | |
| 62875 | |
| 62876 | |
| 62877 | |
| 62878 | |
| 62879 |
| | 62880 |
| rules in accordance with Chapter 119. of the Revised Code to | 62881 |
|
implement this section | 62882 |
| (1) The rules may do the following: | 62883 |
| (a) Require employees to undergo criminal records checks | 62884 |
| under this section; | 62885 |
| (b) Require responsible entities to obtain the driving | 62886 |
| records of employees under this section; | 62887 |
| (c) If the rules require employees to undergo criminal | 62888 |
| records checks, require responsible entities to obtain the driving | 62889 |
| records of employees, or both, exempt one or more classes of | 62890 |
| employees from the requirements. | 62891 |
| (2) The rules shall do both of the following: | 62892 |
| (a) If the rules require employees to undergo criminal | 62893 |
| records checks, require responsible entities to obtain the driving | 62894 |
| records of employees, or both, specify the times at which the | 62895 |
| criminal records checks are to be conducted and the driving | 62896 |
| records are to be obtained; | 62897 |
| (b) Specify circumstances under which | 62898 |
|
responsible entity may employ | 62899 |
| employee who is found by a criminal records check required by this | 62900 |
|
section to have been convicted of | 62901 |
| been found eligible for intervention in lieu of conviction for a | 62902 |
|
disqualifying offense
| 62903 |
| 62904 | |
| the director. | 62905 |
| Sec. 5123.16. (A) As used in sections 5123.16 to | 62906 |
| 5123.1610 of the Revised Code: | 62907 |
| (1) "Applicant" means any of the following: | 62908 |
| (a) The chief executive officer of a business that applies | 62909 |
| under section 5123.161 of the Revised Code for a certificate to | 62910 |
| provide supported living; | 62911 |
| (b) The chief executive officer of a business that seeks | 62912 |
| renewal of the business's supported living certificate under | 62913 |
| section 5123.164 of the Revised Code; | 62914 |
| (c) An individual who applies under section 5123.161 of the | 62915 |
| Revised Code for a certificate to provide supported living as an | 62916 |
| independent provider; | 62917 |
| (d) An independent provider who seeks renewal of the | 62918 |
| independent provider's supported living certificate under section | 62919 |
| 5123.164 of the Revised Code. | 62920 |
| (2)(a) "Business" means either of the following: | 62921 |
| (i) An association, corporation, nonprofit organization, | 62922 |
| partnership, trust, or other group of persons; | 62923 |
| (ii) An individual who employs, directly or through contract, | 62924 |
| one or more other individuals to provide supported living. | 62925 |
| (b) "Business" does not mean an independent provider. | 62926 |
| (3) "Criminal records check" has the same meaning as in | 62927 |
| section 109.572 of the Revised Code. | 62928 |
| (4) "Disqualifying offense" means any of the following: | 62929 |
| (a) One or more violations of section 959.13, 959.131, | 62930 |
| 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, | 62931 |
| 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, | 62932 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 2905.12, | 62933 |
| 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, | 62934 |
| 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, | 62935 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, | 62936 |
| 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, | 62937 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, | 62938 |
| 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, | 62939 |
| 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 62940 |
| 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, | 62941 |
| 2919.123, 2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, | 62942 |
| 2921.21, 2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, | 62943 |
| 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, | 62944 |
| 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 62945 |
| 2925.06, 2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, | 62946 |
| 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised | 62947 |
| Code; | 62948 |
| (b) One or more violations of section 2905.04 of the Revised | 62949 |
| Code as it existed prior to July 1, 1996; | 62950 |
| (c) One or more violations of section 2919.23 of the Revised | 62951 |
| Code that would have been a violation of section 2905.04 of the | 62952 |
| Revised Code as it existed prior to July 1, 1996, had the | 62953 |
| violation occurred prior to that date; | 62954 |
| (d) One violation of section 2925.11 of the Revised Code that | 62955 |
| is not a minor drug possession offense; | 62956 |
| (e) Two or more violations of section 2925.11 of the Revised | 62957 |
| Code, regardless of whether any of the violations are a minor drug | 62958 |
| possession offense; | 62959 |
| (f) One or more violations of felonious sexual penetration | 62960 |
| under former section 2907.12 of the Revised Code; | 62961 |
| (g) One or more violations of section 2923.01, 2923.02, or | 62962 |
| 2923.03 of the Revised Code when the underlying offense that is | 62963 |
| the object of the conspiracy, attempt, or complicity is one of the | 62964 |
| offenses listed in divisions (A)(4)(a) to (f) of this section; | 62965 |
| (h) One or more felonies contained in the Revised Code that | 62966 |
| are not listed in divisions (A)(4)(a) to (g) of this section, if | 62967 |
| the felony bears a direct and substantial relationship to the | 62968 |
| duties and responsibilities of the position being filled; | 62969 |
| (i) One or more offenses contained in the Revised Code | 62970 |
| constituting a misdemeanor of the first degree on the first | 62971 |
| offense and a felony on a subsequent offense, if the offense bears | 62972 |
| a direct and substantial relationship to the position being filled | 62973 |
| and the nature of the services being provided by the responsible | 62974 |
| entity; | 62975 |
| (j) One or more violations of an existing or former municipal | 62976 |
| ordinance or law of this state, any other state, or the United | 62977 |
| States, if the offense is substantially equivalent to any of the | 62978 |
| offenses listed or described in divisions (A)(4)(a) to (i) of this | 62979 |
| section. | 62980 |
| (5) "Independent provider" means a provider who provides | 62981 |
| supported living on a self-employed basis and does not employ, | 62982 |
| directly or through contract, another individual to provide the | 62983 |
| supported living. | 62984 |
| (6) "Provider" means a person or government entity certified | 62985 |
| by the director of developmental disabilities to provide supported | 62986 |
| living. | 62987 |
| | 62988 |
| as in section 2925.01 of the Revised Code. | 62989 |
| (8) "Related party" means any of the following: | 62990 |
| (a) In the case of a provider who is an individual, any of | 62991 |
| the following: | 62992 |
| (i) The spouse of the provider; | 62993 |
| (ii) A parent or stepparent of the provider or provider's | 62994 |
| spouse; | 62995 |
| (iii) A child of the provider or provider's spouse; | 62996 |
| (iv) A sibling, half sibling, or stepsibling of the provider | 62997 |
| or provider's spouse; | 62998 |
| (v) A grandparent of the provider or provider's spouse; | 62999 |
| (vi) A grandchild of the provider or provider's spouse; | 63000 |
| (vii) An employee or employer of the provider or provider's | 63001 |
| spouse. | 63002 |
| (b) In the case of a provider that is a person other than an | 63003 |
| individual, any of the following: | 63004 |
| (i) An employee of the person; | 63005 |
| (ii) An officer of the provider, including the chief | 63006 |
| executive officer, president, vice-president, secretary, and | 63007 |
| treasurer; | 63008 |
| (iii) A member of the provider's board of directors or | 63009 |
| trustees; | 63010 |
| (iv) A person owning a financial interest of five per cent or | 63011 |
| more in the provider; | 63012 |
| (v) A corporation that has a subsidiary relationship with the | 63013 |
| provider; | 63014 |
| (vi) A person or government entity that has control over the | 63015 |
| provider's day-to-day operation; | 63016 |
| (vii) A person over which the provider has control of the | 63017 |
| day-to-day operation. | 63018 |
| (c) In the case of a provider that is a government entity, | 63019 |
| any of the following: | 63020 |
| (i) An employee of the provider; | 63021 |
| (ii) An officer of the provider; | 63022 |
| (iii) A member of the provider's governing board; | 63023 |
| (iv) A government entity that has control over the provider's | 63024 |
| day-to-day operation; | 63025 |
| (v) A person or government entity over which the provider has | 63026 |
| control of the day-to-day operation. | 63027 |
| (B) No person or government entity may provide supported | 63028 |
| living without a valid supported living certificate issued by the | 63029 |
| director of developmental disabilities. | 63030 |
| (C) A county board of developmental disabilities may provide | 63031 |
| supported living only to the extent permitted by rules adopted | 63032 |
|
under section | 63033 |
| Sec. 5123.161. A person or government entity that seeks to | 63034 |
| provide supported living shall apply to the director of | 63035 |
| developmental disabilities for a supported living certificate. | 63036 |
| Except as provided in | 63037 |
|
of the Revised Code, the director shall issue to the | 63038 |
| person or government entity a supported living certificate if the | 63039 |
| 63040 | |
|
process established in rules adopted under section | 63041 |
| 5123.1610 of the Revised Code, meets the applicable certification | 63042 |
| standards established in those rules, and pays the certification | 63043 |
| fee established in those rules. | 63044 |
| Sec. 5123.162. The director of developmental disabilities | 63045 |
| may conduct surveys of persons and government entities that seek a | 63046 |
| supported living certificate to determine whether the persons and | 63047 |
| government entities meet the certification standards. The director | 63048 |
| may also conduct surveys of providers to determine whether the | 63049 |
| providers continue to meet the certification standards. The | 63050 |
| director shall conduct the surveys in accordance with rules | 63051 |
|
adopted under section | 63052 |
| The records of surveys conducted under this section are | 63053 |
| public records for the purpose of section 149.43 of the Revised | 63054 |
| Code and shall be made available on the request of any person or | 63055 |
| government entity. | 63056 |
| Sec. 5123.163. A supported living certificate is valid for a | 63057 |
|
period of time established in rules adopted under section | 63058 |
| 5123.1610 of the Revised Code, unless any of the following occur | 63059 |
| before the end of that period of time: | 63060 |
| (A) The director of developmental disabilities issues an | 63061 |
| order requiring that action be taken against the certificate | 63062 |
| holder under section 5123.166 of the Revised Code. | 63063 |
| (B) The director issues an order terminating the certificate | 63064 |
| under section 5123.168 of the Revised Code. | 63065 |
| (C) The certificate holder voluntarily surrenders the | 63066 |
| certificate to the director. | 63067 |
| Sec. 5123.164. Except as provided in | 63068 |
| 5123.166 and 5123.169 of the Revised Code, the director of | 63069 |
| developmental disabilities shall renew a supported living | 63070 |
| certificate if the certificate holder follows the renewal process | 63071 |
|
established in rules adopted under section | 63072 |
| the Revised Code, continues to meet the applicable certification | 63073 |
| standards established in those rules, and pays the renewal fee | 63074 |
| established in those rules. | 63075 |
| Sec. 5123.166. (A) If good cause exists as specified in | 63076 |
| division (B) of this section and determined in accordance with | 63077 |
|
procedures established in rules adopted under section | 63078 |
| 5123.1610 of the Revised Code, the director of developmental | 63079 |
| disabilities may issue an adjudication order requiring that one of | 63080 |
| the following actions be taken against a person or government | 63081 |
| entity seeking or holding a supported living certificate: | 63082 |
| (1) Refusal to issue or renew a supported living certificate; | 63083 |
| (2) Revocation of a supported living certificate; | 63084 |
| (3) Suspension of a supported living certificate holder's | 63085 |
| authority to do either or both of the following: | 63086 |
| (a) Continue to provide supported living to one or more | 63087 |
| individuals from one or more counties who receive supported living | 63088 |
| from the certificate holder at the time the director takes the | 63089 |
| action; | 63090 |
| (b) Begin to provide supported living to one or more | 63091 |
| individuals from one or more counties who do not receive supported | 63092 |
| living from the certificate holder at the time the director takes | 63093 |
| the action. | 63094 |
| (B) The following constitute good cause for taking action | 63095 |
| under division (A) of this section against a person or government | 63096 |
| entity seeking or holding a supported living certificate: | 63097 |
| (1) The person or government entity's failure to meet or | 63098 |
| continue to meet the applicable certification standards | 63099 |
|
established in rules adopted under section | 63100 |
| the Revised Code; | 63101 |
| (2) The person or government entity violates section 5123.165 | 63102 |
| of the Revised Code; | 63103 |
| (3) The person or government entity's failure to satisfy the | 63104 |
|
requirements of section 5123.081 or 5123.52 | 63105 |
| of the Revised Code; | 63106 |
| (4) Misfeasance; | 63107 |
| (5) Malfeasance; | 63108 |
| (6) Nonfeasance; | 63109 |
| (7) Confirmed abuse or neglect; | 63110 |
| (8) Financial irresponsibility; | 63111 |
| (9) Other conduct the director determines is or would be | 63112 |
| injurious to individuals who receive or would receive supported | 63113 |
| living from the person or government entity. | 63114 |
| (C) Except as provided in division (D) of this section, the | 63115 |
| director shall issue an adjudication order under division (A) of | 63116 |
| this section in accordance with Chapter 119. of the Revised Code. | 63117 |
| (D)(1) The director may issue an order requiring that action | 63118 |
| specified in division (A)(3) of this section be taken before a | 63119 |
| provider is provided notice and an opportunity for a hearing if | 63120 |
| all of the following are the case: | 63121 |
| (a) The director determines such action is warranted by the | 63122 |
| provider's failure to continue to meet the applicable | 63123 |
| certification standards; | 63124 |
| (b) The director determines that the failure either | 63125 |
| represents a pattern of serious noncompliance or creates a | 63126 |
| substantial risk to the health or safety of an individual who | 63127 |
| receives or would receive supported living from the provider; | 63128 |
| (c) If the order will suspend the provider's authority to | 63129 |
| continue to provide supported living to an individual who receives | 63130 |
| supported living from the provider at the time the director issues | 63131 |
| the order, both of the following are the case: | 63132 |
| (i) The director makes the individual, or the individual's | 63133 |
| guardian, aware of the director's determination under division | 63134 |
| (D)(1)(b) of this section and the individual or guardian does not | 63135 |
| select another provider. | 63136 |
| (ii) A county board of developmental disabilities has filed a | 63137 |
|
complaint with a probate court under section | 63138 |
| the Revised Code that includes facts describing the nature of | 63139 |
| abuse or neglect that the individual has suffered due to the | 63140 |
| provider's actions that are the basis for the director making the | 63141 |
| determination under division (D)(1)(b) of this section and the | 63142 |
| probate court does not issue an order authorizing the county board | 63143 |
| to arrange services for the individual pursuant to an | 63144 |
| individualized service plan developed for the individual under | 63145 |
|
section | 63146 |
| (2) If the director issues an order under division (D)(1) of | 63147 |
| this section, sections 119.091 to 119.13 of the Revised Code and | 63148 |
| all of the following apply: | 63149 |
| (a) The director shall send the provider notice of the order | 63150 |
| by registered mail, return receipt requested, not later than | 63151 |
| twenty-four hours after issuing the order and shall include in the | 63152 |
| notice the reasons for the order, the citation to the law or rule | 63153 |
| directly involved, and a statement that the provider will be | 63154 |
| afforded a hearing if the provider requests it within ten days of | 63155 |
| the time of receiving the notice. | 63156 |
| (b) If the provider requests a hearing within the required | 63157 |
| time and the provider has provided the director the provider's | 63158 |
| current address, the director shall immediately set, and notify | 63159 |
| the provider of, the date, time, and place for the hearing. | 63160 |
| (c) The date of the hearing shall be not later than thirty | 63161 |
| days after the director receives the provider's timely request for | 63162 |
| the hearing. | 63163 |
| (d) The hearing shall be conducted in accordance with section | 63164 |
| 119.09 of the Revised Code, except for all of the following: | 63165 |
| (i) The hearing shall continue uninterrupted until its close, | 63166 |
| except for weekends, legal holidays, and other interruptions the | 63167 |
| provider and director agree to. | 63168 |
| (ii) If the director appoints a referee or examiner to | 63169 |
| conduct the hearing, the referee or examiner, not later than ten | 63170 |
| days after the date the referee or examiner receives a transcript | 63171 |
| of the testimony and evidence presented at the hearing or, if the | 63172 |
| referee or examiner does not receive the transcript or no such | 63173 |
| transcript is made, the date that the referee or examiner closes | 63174 |
| the record of the hearing, shall submit to the director a written | 63175 |
| report setting forth the referee or examiner's findings of fact | 63176 |
| and conclusions of law and a recommendation of the action the | 63177 |
| director should take. | 63178 |
| (iii) The provider may, not later than five days after the | 63179 |
| date the director, in accordance with section 119.09 of the | 63180 |
| Revised Code, sends the provider or the provider's attorney or | 63181 |
| other representative of record a copy of the referee or examiner's | 63182 |
| report and recommendation, file with the director written | 63183 |
| objections to the report and recommendation. | 63184 |
| (iv) The director shall approve, modify, or disapprove the | 63185 |
| referee or examiner's report and recommendation not earlier than | 63186 |
| six days, and not later than fifteen days, after the date the | 63187 |
| director, in accordance with section 119.09 of the Revised Code, | 63188 |
| sends a copy of the report and recommendation to the provider or | 63189 |
| the provider's attorney or other representative of record. | 63190 |
| (3) The director may lift an order issued under division | 63191 |
| (D)(1) of this section even though a hearing regarding the order | 63192 |
| is occurring or pending if the director determines that the | 63193 |
| provider has taken action eliminating the good cause for issuing | 63194 |
| the order. The hearing shall proceed unless the provider withdraws | 63195 |
| the request for the hearing in a written letter to the director. | 63196 |
| (4) The director shall lift an order issued under division | 63197 |
| (D)(1) of this section if both of the following are the case: | 63198 |
| (a) The provider provides the director a plan of compliance | 63199 |
| the director determines is acceptable. | 63200 |
| (b) The director determines that the provider has implemented | 63201 |
| the plan of compliance correctly. | 63202 |
| Sec. 5123.169. (A) The director of developmental | 63203 |
| disabilities shall not issue a supported living certificate to an | 63204 |
| applicant or renew an applicant's supported living certificate if | 63205 |
| either of the following applies: | 63206 |
| (1) The applicant fails to comply with division (C)(2) of | 63207 |
| this section; | 63208 |
| (2) Except as provided in rules adopted under section | 63209 |
| 5123.1610 of the Revised Code, the applicant is found by a | 63210 |
| criminal records check required by this section to have been | 63211 |
| convicted of, pleaded guilty to, or been found eligible for | 63212 |
| intervention in lieu of conviction for a disqualifying offense. | 63213 |
| (B) Before issuing a supported living certificate to an | 63214 |
| applicant or renewing an applicant's supported living certificate, | 63215 |
| the director shall require the applicant to submit a statement | 63216 |
| with the applicant's signature attesting that the applicant has | 63217 |
| not been convicted of, pleaded guilty to, or been found eligible | 63218 |
| for intervention in lieu of conviction for a disqualifying | 63219 |
| offense. The director also shall require the applicant to sign an | 63220 |
| agreement under which the applicant agrees to notify the director | 63221 |
| within fourteen calendar days if, while holding a supported living | 63222 |
| certificate, the applicant is formally charged with, is convicted | 63223 |
| of, pleads guilty to, or is found eligible for intervention in | 63224 |
| lieu of conviction for a disqualifying offense. The agreement | 63225 |
| shall provide that the applicant's failure to provide the | 63226 |
| notification may result in action being taken by the director | 63227 |
| against the applicant under section 5123.166 of the Revised Code. | 63228 |
| (C)(1) As a condition of receiving a supported living | 63229 |
| certificate or having a supported living certificate renewed, an | 63230 |
| applicant shall request the superintendent of the bureau of | 63231 |
| criminal identification and investigation to conduct a criminal | 63232 |
| records check of the applicant. If an applicant does not present | 63233 |
| proof to the director that the applicant has been a resident of | 63234 |
| this state for the five-year period immediately prior to the date | 63235 |
| that the applicant applies for issuance or renewal of the | 63236 |
| supported living certificate, the director shall require the | 63237 |
| applicant to request that the superintendent obtain information | 63238 |
| from the federal bureau of investigation as a part of the criminal | 63239 |
| records check. If the applicant presents proof to the director | 63240 |
| that the applicant has been a resident of this state for that | 63241 |
| five-year period, the director may require the applicant to | 63242 |
| request that the superintendent include information from the | 63243 |
| federal bureau of investigation in the criminal records check. For | 63244 |
| purposes of this division, an applicant may provide proof of | 63245 |
| residency in this state by presenting, with a notarized statement | 63246 |
| asserting that the applicant has been a resident of this state for | 63247 |
| that five-year period, a valid driver's license, notification of | 63248 |
| registration as an elector, a copy of an officially filed federal | 63249 |
| or state tax form identifying the applicant's permanent residence, | 63250 |
| or any other document the director considers acceptable. | 63251 |
| (2) Each applicant shall do all of the following: | 63252 |
| (a) Obtain a copy of the form prescribed pursuant to division | 63253 |
| (C)(1) of section 109.572 of the Revised Code and a standard | 63254 |
| impression sheet prescribed pursuant to division (C)(2) of section | 63255 |
| 109.572 of the Revised Code; | 63256 |
| (b) Complete the form and provide the applicant's fingerprint | 63257 |
| impressions on the standard impression sheet; | 63258 |
| (c) Forward the completed form and standard impression sheet | 63259 |
| to the superintendent at the time the criminal records check is | 63260 |
| requested; | 63261 |
| (d) Instruct the superintendent to submit the completed | 63262 |
| report of the criminal records check directly to the director; | 63263 |
| (e) Pay to the bureau of criminal identification and | 63264 |
| investigation the fee prescribed pursuant to division (C)(3) of | 63265 |
| section 109.572 of the Revised Code for each criminal records | 63266 |
| check of the applicant requested and conducted pursuant to this | 63267 |
| section. | 63268 |
| (D) The director may request any other state or federal | 63269 |
| agency to supply the director with a written report regarding the | 63270 |
| criminal record of an applicant. The director may consider the | 63271 |
| reports when determining whether to issue a supported living | 63272 |
| certificate to the applicant or to renew an applicant's supported | 63273 |
| living certificate. | 63274 |
| (E) An applicant who seeks to be an independent provider or | 63275 |
| is an independent provider seeking renewal of the applicant's | 63276 |
| supported living certificate shall obtain the applicant's driving | 63277 |
| record from the bureau of motor vehicles and provide a copy of the | 63278 |
| record to the director if the supported living that the applicant | 63279 |
| will provide involves transporting individuals with mental | 63280 |
| retardation or developmental disabilities. The director may | 63281 |
| consider the applicant's driving record when determining whether | 63282 |
| to issue the applicant a supported living certificate or to renew | 63283 |
| the applicant's supported living certificate. | 63284 |
| (F)(1) A report obtained pursuant to this section is not a | 63285 |
| public record for purposes of section 149.43 of the Revised Code | 63286 |
| and shall not be made available to any person, other than the | 63287 |
| following: | 63288 |
| (a) The applicant who is the subject of the report or the | 63289 |
| applicant's representative; | 63290 |
| (b) The director or the director's representative; | 63291 |
| (c) Any court, hearing officer, or other necessary individual | 63292 |
| involved in a case dealing with any of the following: | 63293 |
| (i) The denial of a supported living certificate or refusal | 63294 |
| to renew a supported living certificate; | 63295 |
| (ii) The denial, suspension, or revocation of a certificate | 63296 |
| under section 5123.45 of the Revised Code; | 63297 |
| (iii) A civil or criminal action regarding the medicaid | 63298 |
| program. | 63299 |
| (2) An applicant for whom the director has obtained reports | 63300 |
| under this section may submit a written request to the director to | 63301 |
| have copies of the reports sent to any person or state or local | 63302 |
| government entity. The applicant shall specify in the request the | 63303 |
| person or entities to which the copies are to be sent. On | 63304 |
| receiving the request, the director shall send copies of the | 63305 |
| reports to the persons or entities specified. | 63306 |
| (3) The director may request that a person or state or local | 63307 |
| government entity send copies to the director of any report | 63308 |
| regarding a records check or criminal records check that the | 63309 |
| person or entity possesses, if the director obtains the written | 63310 |
| consent of the individual who is the subject of the report. | 63311 |
| (4) The director shall provide each applicant with a copy of | 63312 |
| any report obtained about the applicant under this section. | 63313 |
| | 63314 |
| disabilities shall adopt rules under Chapter 119. of the Revised | 63315 |
| Code establishing all of the following: | 63316 |
| (A) The extent to which a county board of developmental | 63317 |
| disabilities may provide supported living; | 63318 |
| (B) The application process for obtaining a supported living | 63319 |
| certificate under section 5123.161 of the Revised Code; | 63320 |
| (C) The certification standards a person or government entity | 63321 |
| must meet to obtain a supported living certificate to provide | 63322 |
| supported living; | 63323 |
| (D) The certification fee for a supported living certificate, | 63324 |
| which shall be deposited into the program fee fund created under | 63325 |
| section 5123.033 of the Revised Code; | 63326 |
| (E) The period of time a supported living certificate is | 63327 |
| valid; | 63328 |
| (F) The process for renewing a supported living certificate | 63329 |
| under section 5123.164 of the Revised Code; | 63330 |
| (G) The renewal fee for a supported living certificate, which | 63331 |
| shall be deposited into the program fee fund created under section | 63332 |
| 5123.033 of the Revised Code; | 63333 |
| (H) Procedures for conducting surveys under section 5123.162 | 63334 |
| of the Revised Code; | 63335 |
| (I) Procedures for determining whether there is good cause to | 63336 |
| take action under section 5123.166 of the Revised Code against a | 63337 |
| person or government entity seeking or holding a supported living | 63338 |
| certificate; | 63339 |
| (J) Circumstances under which the director may issue a | 63340 |
| supported living certificate to an applicant or renew an | 63341 |
| applicant's supported living certificate if the applicant is found | 63342 |
| by a criminal records check required by section 5123.169 of the | 63343 |
| Revised Code to have been convicted of, pleaded guilty to, or been | 63344 |
| found eligible for intervention in lieu of conviction for a | 63345 |
| disqualifying offense but meets standards in regard to | 63346 |
| rehabilitation set by the director. | 63347 |
| Sec. 5123.171. As used in this section, "respite care" means | 63348 |
| appropriate, short-term, temporary care provided to a mentally | 63349 |
| retarded or developmentally disabled person to sustain the family | 63350 |
| structure or to meet planned or emergency needs of the family. | 63351 |
| The department of developmental disabilities shall provide | 63352 |
| respite care services to persons with mental retardation or a | 63353 |
| developmental disability for the purpose of promoting | 63354 |
| self-sufficiency and normalization, preventing or reducing | 63355 |
| inappropriate institutional care, and furthering the unity of the | 63356 |
| family by enabling the family to meet the special needs of a | 63357 |
| mentally retarded or developmentally disabled person. | 63358 |
| In order to be eligible for respite care services under this | 63359 |
| section, the mentally retarded or developmentally disabled person | 63360 |
| must be in need of habilitation services as defined in section | 63361 |
| 5126.01 of the Revised Code. | 63362 |
| Respite care may be provided in a residential facility | 63363 |
|
licensed under section 5123.19 of the Revised Code | 63364 |
| residential facility certified as an intermediate care facility | 63365 |
| for the mentally retarded under Title XIX of the "Social Security | 63366 |
|
Act," | 63367 |
|
seq., as amended | 63368 |
| certified under section 5126.05 of the Revised Code. | 63369 |
| The department shall develop a system for locating vacant | 63370 |
| beds that are available for respite care and for making | 63371 |
| information on vacant beds available to users of respite care | 63372 |
| services. Facilities certified as intermediate care facilities for | 63373 |
| the mentally retarded shall report vacant beds to the department | 63374 |
| but shall not be required to accept respite care clients. | 63375 |
| The director of developmental disabilities shall adopt, and | 63376 |
| may amend or rescind, rules in accordance with Chapter 119. of the | 63377 |
| Revised Code for both of the following: | 63378 |
| (A) Certification by county boards of developmental | 63379 |
| disabilities of respite care homes; | 63380 |
| (B) Provision of respite care services authorized by this | 63381 |
| section. Rules adopted under this division shall establish all of | 63382 |
| the following: | 63383 |
| (1) A formula for distributing funds appropriated for respite | 63384 |
| care services; | 63385 |
| (2) Standards for supervision, training and quality control | 63386 |
| in the provision of respite care services; | 63387 |
| (3) Eligibility criteria for emergency respite care services. | 63388 |
| Sec. 5123.19. (A) As used in | 63389 |
| 63390 | |
| 5123.20 of the Revised Code: | 63391 |
| (1) | 63392 |
| 63393 | |
| 63394 | |
| 63395 | |
| 63396 | |
| 63397 | |
| 63398 | |
| 63399 | |
| 63400 | |
| 63401 |
| | 63402 |
| 63403 | |
| 63404 | |
| 63405 |
| | 63406 |
| 63407 |
| | 63408 |
| which a mentally retarded or developmentally disabled person | 63409 |
| resides in an individualized setting chosen by the person or the | 63410 |
| person's guardian, which is not dedicated principally to the | 63411 |
| provision of residential services for mentally retarded or | 63412 |
| developmentally disabled persons, and for which no financial | 63413 |
| support is received for rendering such service from any | 63414 |
| governmental agency by a provider of residential services. | 63415 |
| | 63416 |
| has the same meaning as in section 1905(d) of the "Social Security | 63417 |
| Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended. | 63418 |
| (3) "Licensee" means the person or government agency that has | 63419 |
| applied for a license to operate a residential facility and to | 63420 |
| which the license was issued under this section. | 63421 |
| (4) "Political subdivision" means a municipal corporation, | 63422 |
| county, or township. | 63423 |
| (5) "Related party" has the same meaning as in section | 63424 |
| 5123.16 of the Revised Code except that "provider" as used in the | 63425 |
| definition of "related party" means a person or government entity | 63426 |
| that held or applied for a license to operate a residential | 63427 |
| facility, rather than a person or government entity certified to | 63428 |
| provide supported living. | 63429 |
| (6)(a) Except as provided in division (A)(6)(b) of this | 63430 |
| section, "residential facility" means a home or facility, | 63431 |
| including a facility certified as an intermediate care facility | 63432 |
| for the mentally retarded, in which an individual with mental | 63433 |
| retardation or a developmental disability resides. | 63434 |
| (b) "Residential facility" does not mean any of the | 63435 |
| following: | 63436 |
| (i) The home of a relative or legal guardian in which an | 63437 |
| individual with mental retardation or a developmental disability | 63438 |
| resides; | 63439 |
| (ii) A respite care home certified under section 5126.05 of | 63440 |
| the Revised Code; | 63441 |
| (iii) A county home or district home operated pursuant to | 63442 |
| Chapter 5155. of the Revised Code; | 63443 |
| (iv) A dwelling in which the only residents with mental | 63444 |
| retardation or developmental disabilities are in independent | 63445 |
| living arrangements or are being provided supported living. | 63446 |
| (B) Every person or government agency desiring to operate a | 63447 |
| residential facility shall apply for licensure of the facility to | 63448 |
| the director of developmental disabilities unless the residential | 63449 |
|
facility is subject to section 3721.02, | 63450 |
| 5119.20, or division (A)(9)(b) of section 5119.22 of the Revised | 63451 |
|
Code. | 63452 |
| 63453 | |
| 63454 | |
| 63455 | |
| 63456 | |
| 63457 |
| (C) Subject to section 5123.196 of the Revised Code, the | 63458 |
| director of developmental disabilities shall license the operation | 63459 |
| of residential facilities. An initial license shall be issued for | 63460 |
| a period that does not exceed one year, unless the director denies | 63461 |
| the license under division (D) of this section. A license shall be | 63462 |
| renewed for a period that does not exceed three years, unless the | 63463 |
| director refuses to renew the license under division (D) of this | 63464 |
| section. The director, when issuing or renewing a license, shall | 63465 |
| specify the period for which the license is being issued or | 63466 |
| renewed. A license remains valid for the length of the licensing | 63467 |
| period specified by the director, unless the license is | 63468 |
| terminated, revoked, or voluntarily surrendered. | 63469 |
| (D) If it is determined that an applicant or licensee is not | 63470 |
| in compliance with a provision of this chapter that applies to | 63471 |
| residential facilities or the rules adopted under such a | 63472 |
| provision, the director may deny issuance of a license, refuse to | 63473 |
| renew a license, terminate a license, revoke a license, issue an | 63474 |
| order for the suspension of admissions to a facility, issue an | 63475 |
| order for the placement of a monitor at a facility, issue an order | 63476 |
| for the immediate removal of residents, or take any other action | 63477 |
| the director considers necessary consistent with the director's | 63478 |
| authority under this chapter regarding residential facilities. In | 63479 |
| the director's selection and administration of the sanction to be | 63480 |
| imposed, all of the following apply: | 63481 |
| (1) The director may deny, refuse to renew, or revoke a | 63482 |
| license, if the director determines that the applicant or licensee | 63483 |
| has demonstrated a pattern of serious noncompliance or that a | 63484 |
| violation creates a substantial risk to the health and safety of | 63485 |
| residents of a residential facility. | 63486 |
| (2) The director may terminate a license if more than twelve | 63487 |
| consecutive months have elapsed since the residential facility was | 63488 |
| last occupied by a resident or a notice required by division (K) | 63489 |
| of this section is not given. | 63490 |
| (3) The director may issue an order for the suspension of | 63491 |
| admissions to a facility for any violation that may result in | 63492 |
| sanctions under division (D)(1) of this section and for any other | 63493 |
| violation specified in rules adopted under division (H)(2) of this | 63494 |
| section. If the suspension of admissions is imposed for a | 63495 |
| violation that may result in sanctions under division (D)(1) of | 63496 |
| this section, the director may impose the suspension before | 63497 |
| providing an opportunity for an adjudication under Chapter 119. of | 63498 |
| the Revised Code. The director shall lift an order for the | 63499 |
| suspension of admissions when the director determines that the | 63500 |
| violation that formed the basis for the order has been corrected. | 63501 |
| (4) The director may order the placement of a monitor at a | 63502 |
| residential facility for any violation specified in rules adopted | 63503 |
| under division (H)(2) of this section. The director shall lift the | 63504 |
| order when the director determines that the violation that formed | 63505 |
| the basis for the order has been corrected. | 63506 |
| (5) If the director determines that two or more residential | 63507 |
| facilities owned or operated by the same person or government | 63508 |
| entity are not being operated in compliance with a provision of | 63509 |
| this chapter that applies to residential facilities or the rules | 63510 |
| adopted under such a provision, and the director's findings are | 63511 |
| based on the same or a substantially similar action, practice, | 63512 |
| circumstance, or incident that creates a substantial risk to the | 63513 |
| health and safety of the residents, the director shall conduct a | 63514 |
| survey as soon as practicable at each residential facility owned | 63515 |
| or operated by that person or government entity. The director may | 63516 |
| take any action authorized by this section with respect to any | 63517 |
| facility found to be operating in violation of a provision of this | 63518 |
| chapter that applies to residential facilities or the rules | 63519 |
| adopted under such a provision. | 63520 |
| (6) When the director initiates license revocation | 63521 |
| proceedings, no opportunity for submitting a plan of correction | 63522 |
| shall be given. The director shall notify the licensee by letter | 63523 |
| of the initiation of the proceedings. The letter shall list the | 63524 |
| deficiencies of the residential facility and inform the licensee | 63525 |
| that no plan of correction will be accepted. The director shall | 63526 |
| also send a copy of the letter to the county board of | 63527 |
| developmental disabilities. The county board shall send a copy of | 63528 |
| the letter to each of the following: | 63529 |
| (a) Each resident who receives services from the licensee; | 63530 |
| (b) The guardian of each resident who receives services from | 63531 |
| the licensee if the resident has a guardian; | 63532 |
| (c) The parent or guardian of each resident who receives | 63533 |
| services from the licensee if the resident is a minor. | 63534 |
| (7) Pursuant to rules which shall be adopted in accordance | 63535 |
| with Chapter 119. of the Revised Code, the director may order the | 63536 |
| immediate removal of residents from a residential facility | 63537 |
| whenever conditions at the facility present an immediate danger of | 63538 |
| physical or psychological harm to the residents. | 63539 |
| (8) In determining whether a residential facility is being | 63540 |
| operated in compliance with a provision of this chapter that | 63541 |
| applies to residential facilities or the rules adopted under such | 63542 |
| a provision, or whether conditions at a residential facility | 63543 |
| present an immediate danger of physical or psychological harm to | 63544 |
| the residents, the director may rely on information obtained by a | 63545 |
| county board of developmental disabilities or other governmental | 63546 |
| agencies. | 63547 |
| (9) In proceedings initiated to deny, refuse to renew, or | 63548 |
| revoke licenses, the director may deny, refuse to renew, or revoke | 63549 |
| a license regardless of whether some or all of the deficiencies | 63550 |
| that prompted the proceedings have been corrected at the time of | 63551 |
| the hearing. | 63552 |
| (E) The director shall establish a program under which public | 63553 |
| notification may be made when the director has initiated license | 63554 |
| revocation proceedings or has issued an order for the suspension | 63555 |
| of admissions, placement of a monitor, or removal of residents. | 63556 |
| The director shall adopt rules in accordance with Chapter 119. of | 63557 |
| the Revised Code to implement this division. The rules shall | 63558 |
| establish the procedures by which the public notification will be | 63559 |
| made and specify the circumstances for which the notification must | 63560 |
| be made. The rules shall require that public notification be made | 63561 |
| if the director has taken action against the facility in the | 63562 |
| eighteen-month period immediately preceding the director's latest | 63563 |
| action against the facility and the latest action is being taken | 63564 |
| for the same or a substantially similar violation of a provision | 63565 |
| of this chapter that applies to residential facilities or the | 63566 |
| rules adopted under such a provision. The rules shall specify a | 63567 |
| method for removing or amending the public notification if the | 63568 |
| director's action is found to have been unjustified or the | 63569 |
| violation at the residential facility has been corrected. | 63570 |
| (F)(1) Except as provided in division (F)(2) of this section, | 63571 |
| appeals from proceedings initiated to impose a sanction under | 63572 |
| division (D) of this section shall be conducted in accordance with | 63573 |
| Chapter 119. of the Revised Code. | 63574 |
| (2) Appeals from proceedings initiated to order the | 63575 |
| suspension of admissions to a facility shall be conducted in | 63576 |
| accordance with Chapter 119. of the Revised Code, unless the order | 63577 |
| was issued before providing an opportunity for an adjudication, in | 63578 |
| which case all of the following apply: | 63579 |
| (a) The licensee may request a hearing not later than ten | 63580 |
| days after receiving the notice specified in section 119.07 of the | 63581 |
| Revised Code. | 63582 |
| (b) If a timely request for a hearing that includes the | 63583 |
| licensee's current address is made, the hearing shall commence not | 63584 |
| later than thirty days after the department receives the request. | 63585 |
| (c) After commencing, the hearing shall continue | 63586 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 63587 |
| unless other interruptions are agreed to by the licensee and the | 63588 |
| director. | 63589 |
| (d) If the hearing is conducted by a hearing examiner, the | 63590 |
| hearing examiner shall file a report and recommendations not later | 63591 |
| than ten days after the last of the following: | 63592 |
| (i) The close of the hearing; | 63593 |
| (ii) If a transcript of the proceedings is ordered, the | 63594 |
| hearing examiner receives the transcript; | 63595 |
| (iii) If post-hearing briefs are timely filed, the hearing | 63596 |
| examiner receives the briefs. | 63597 |
| (e) A copy of the written report and recommendation of the | 63598 |
| hearing examiner shall be sent, by certified mail, to the licensee | 63599 |
| and the licensee's attorney, if applicable, not later than five | 63600 |
| days after the report is filed. | 63601 |
| (f) Not later than five days after the hearing examiner files | 63602 |
| the report and recommendations, the licensee may file objections | 63603 |
| to the report and recommendations. | 63604 |
| (g) Not later than fifteen days after the hearing examiner | 63605 |
| files the report and recommendations, the director shall issue an | 63606 |
| order approving, modifying, or disapproving the report and | 63607 |
| recommendations. | 63608 |
| (h) Notwithstanding the pendency of the hearing, the director | 63609 |
| shall lift the order for the suspension of admissions when the | 63610 |
| director determines that the violation that formed the basis for | 63611 |
| the order has been corrected. | 63612 |
| (G) Neither a person or government agency whose application | 63613 |
| for a license to operate a residential facility is denied nor a | 63614 |
| related party of the person or government agency may apply for a | 63615 |
| license to operate a residential facility before the date that is | 63616 |
| one year after the date of the denial. Neither a licensee whose | 63617 |
| residential facility license is revoked nor a related party of the | 63618 |
| licensee may apply for a residential facility license before the | 63619 |
| date that is five years after the date of the revocation. | 63620 |
| (H) In accordance with Chapter 119. of the Revised Code, the | 63621 |
| director shall adopt and may amend and rescind rules for licensing | 63622 |
|
and regulating the operation of residential facilities | 63623 |
| 63624 | |
| for residential facilities that are intermediate care facilities | 63625 |
| for the mentally retarded may differ from those for other | 63626 |
| residential facilities. The rules shall establish and specify the | 63627 |
| following: | 63628 |
| (1) Procedures and criteria for issuing and renewing | 63629 |
| licenses, including procedures and criteria for determining the | 63630 |
| length of the licensing period that the director must specify for | 63631 |
| each license when it is issued or renewed; | 63632 |
| (2) Procedures and criteria for denying, refusing to renew, | 63633 |
| terminating, and revoking licenses and for ordering the suspension | 63634 |
| of admissions to a facility, placement of a monitor at a facility, | 63635 |
| and the immediate removal of residents from a facility; | 63636 |
| (3) Fees for issuing and renewing licenses, which shall be | 63637 |
| deposited into the program fee fund created under section 5123.033 | 63638 |
| of the Revised Code; | 63639 |
| (4) Procedures for surveying residential facilities; | 63640 |
| (5) Requirements for the training of residential facility | 63641 |
| personnel; | 63642 |
| (6) Classifications for the various types of residential | 63643 |
| facilities; | 63644 |
| (7) Certification procedures for licensees and management | 63645 |
| contractors that the director determines are necessary to ensure | 63646 |
| that they have the skills and qualifications to properly operate | 63647 |
| or manage residential facilities; | 63648 |
| (8) The maximum number of persons who may be served in a | 63649 |
| particular type of residential facility; | 63650 |
| (9) Uniform procedures for admission of persons to and | 63651 |
| transfers and discharges of persons from residential facilities; | 63652 |
| (10) Other standards for the operation of residential | 63653 |
| facilities and the services provided at residential facilities; | 63654 |
| (11) Procedures for waiving any provision of any rule adopted | 63655 |
| under this section. | 63656 |
| (I) Before issuing a license, the director of the department | 63657 |
| or the director's designee shall conduct a survey of the | 63658 |
| residential facility for which application is made. The director | 63659 |
| or the director's designee shall conduct a survey of each licensed | 63660 |
| residential facility at least once during the period the license | 63661 |
| is valid and may conduct additional inspections as needed. A | 63662 |
| survey includes but is not limited to an on-site examination and | 63663 |
| evaluation of the residential facility, its personnel, and the | 63664 |
| services provided there. | 63665 |
| In conducting surveys, the director or the director's | 63666 |
| designee shall be given access to the residential facility; all | 63667 |
| records, accounts, and any other documents related to the | 63668 |
| operation of the facility; the licensee; the residents of the | 63669 |
| facility; and all persons acting on behalf of, under the control | 63670 |
| of, or in connection with the licensee. The licensee and all | 63671 |
| persons on behalf of, under the control of, or in connection with | 63672 |
| the licensee shall cooperate with the director or the director's | 63673 |
| designee in conducting the survey. | 63674 |
| Following each survey, unless the director initiates a | 63675 |
| license revocation proceeding, the director or the director's | 63676 |
| designee shall provide the licensee with a report listing any | 63677 |
| deficiencies, specifying a timetable within which the licensee | 63678 |
| shall submit a plan of correction describing how the deficiencies | 63679 |
| will be corrected, and, when appropriate, specifying a timetable | 63680 |
| within which the licensee must correct the deficiencies. After a | 63681 |
| plan of correction is submitted, the director or the director's | 63682 |
| designee shall approve or disapprove the plan. A copy of the | 63683 |
| report and any approved plan of correction shall be provided to | 63684 |
| any person who requests it. | 63685 |
| The director shall initiate disciplinary action against any | 63686 |
| department employee who notifies or causes the notification to any | 63687 |
| unauthorized person of an unannounced survey of a residential | 63688 |
| facility by an authorized representative of the department. | 63689 |
| (J) In addition to any other information which may be | 63690 |
| required of applicants for a license pursuant to this section, the | 63691 |
| director shall require each applicant to provide a copy of an | 63692 |
| approved plan for a proposed residential facility pursuant to | 63693 |
| section 5123.042 of the Revised Code. This division does not apply | 63694 |
| to renewal of a license or to an applicant for an initial or | 63695 |
|
modified license who meets the requirements of section | 63696 |
| 5123.197 of the Revised Code. | 63697 |
| (K) A licensee shall notify the owner of the building in | 63698 |
| which the licensee's residential facility is located of any | 63699 |
| significant change in the identity of the licensee or management | 63700 |
| contractor before the effective date of the change if the licensee | 63701 |
| is not the owner of the building. | 63702 |
| Pursuant to rules which shall be adopted in accordance with | 63703 |
| Chapter 119. of the Revised Code, the director may require | 63704 |
| notification to the department of any significant change in the | 63705 |
| ownership of a residential facility or in the identity of the | 63706 |
| licensee or management contractor. If the director determines that | 63707 |
| a significant change of ownership is proposed, the director shall | 63708 |
| consider the proposed change to be an application for development | 63709 |
| by a new operator pursuant to section 5123.042 of the Revised Code | 63710 |
| and shall advise the applicant within sixty days of the | 63711 |
| notification that the current license shall continue in effect or | 63712 |
| a new license will be required pursuant to this section. If the | 63713 |
| director requires a new license, the director shall permit the | 63714 |
| facility to continue to operate under the current license until | 63715 |
| the new license is issued, unless the current license is revoked, | 63716 |
| refused to be renewed, or terminated in accordance with Chapter | 63717 |
| 119. of the Revised Code. | 63718 |
| (L) A county board of developmental disabilities, the legal | 63719 |
| rights service, and any interested person may file complaints | 63720 |
| alleging violations of statute or department rule relating to | 63721 |
| residential facilities with the department. All complaints shall | 63722 |
| be in writing and shall state the facts constituting the basis of | 63723 |
| the allegation. The department shall not reveal the source of any | 63724 |
| complaint unless the complainant agrees in writing to waive the | 63725 |
| right to confidentiality or until so ordered by a court of | 63726 |
| competent jurisdiction. | 63727 |
| The department shall adopt rules in accordance with Chapter | 63728 |
| 119. of the Revised Code establishing procedures for the receipt, | 63729 |
| referral, investigation, and disposition of complaints filed with | 63730 |
| the department under this division. | 63731 |
| (M) The department shall establish procedures for the | 63732 |
| notification of interested parties of the transfer or interim care | 63733 |
| of residents from residential facilities that are closing or are | 63734 |
| losing their license. | 63735 |
| (N) Before issuing a license under this section to a | 63736 |
| residential facility that will accommodate at any time more than | 63737 |
| one mentally retarded or developmentally disabled individual, the | 63738 |
| director shall, by first class mail, notify the following: | 63739 |
| (1) If the facility will be located in a municipal | 63740 |
| corporation, the clerk of the legislative authority of the | 63741 |
| municipal corporation; | 63742 |
| (2) If the facility will be located in unincorporated | 63743 |
| territory, the clerk of the appropriate board of county | 63744 |
| commissioners and the fiscal officer of the appropriate board of | 63745 |
| township trustees. | 63746 |
| The director shall not issue the license for ten days after | 63747 |
| mailing the notice, excluding Saturdays, Sundays, and legal | 63748 |
| holidays, in order to give the notified local officials time in | 63749 |
| which to comment on the proposed issuance. | 63750 |
| Any legislative authority of a municipal corporation, board | 63751 |
| of county commissioners, or board of township trustees that | 63752 |
| receives notice under this division of the proposed issuance of a | 63753 |
| license for a residential facility may comment on it in writing to | 63754 |
| the director within ten days after the director mailed the notice, | 63755 |
| excluding Saturdays, Sundays, and legal holidays. If the director | 63756 |
| receives written comments from any notified officials within the | 63757 |
| specified time, the director shall make written findings | 63758 |
| concerning the comments and the director's decision on the | 63759 |
| issuance of the license. If the director does not receive written | 63760 |
| comments from any notified local officials within the specified | 63761 |
| time, the director shall continue the process for issuance of the | 63762 |
| license. | 63763 |
| (O) Any person may operate a licensed residential facility | 63764 |
| that provides room and board, personal care, habilitation | 63765 |
| services, and supervision in a family setting for at least six but | 63766 |
| not more than eight persons with mental retardation or a | 63767 |
| developmental disability as a permitted use in any residential | 63768 |
| district or zone, including any single-family residential district | 63769 |
| or zone, of any political subdivision. These residential | 63770 |
| facilities may be required to comply with area, height, yard, and | 63771 |
| architectural compatibility requirements that are uniformly | 63772 |
| imposed upon all single-family residences within the district or | 63773 |
| zone. | 63774 |
| (P) Any person may operate a licensed residential facility | 63775 |
| that provides room and board, personal care, habilitation | 63776 |
| services, and supervision in a family setting for at least nine | 63777 |
| but not more than sixteen persons with mental retardation or a | 63778 |
| developmental disability as a permitted use in any multiple-family | 63779 |
| residential district or zone of any political subdivision, except | 63780 |
| that a political subdivision that has enacted a zoning ordinance | 63781 |
| or resolution establishing planned unit development districts may | 63782 |
| exclude these residential facilities from those districts, and a | 63783 |
| political subdivision that has enacted a zoning ordinance or | 63784 |
| resolution may regulate these residential facilities in | 63785 |
| multiple-family residential districts or zones as a conditionally | 63786 |
| permitted use or special exception, in either case, under | 63787 |
| reasonable and specific standards and conditions set out in the | 63788 |
| zoning ordinance or resolution to: | 63789 |
| (1) Require the architectural design and site layout of the | 63790 |
| residential facility and the location, nature, and height of any | 63791 |
| walls, screens, and fences to be compatible with adjoining land | 63792 |
| uses and the residential character of the neighborhood; | 63793 |
| (2) Require compliance with yard, parking, and sign | 63794 |
| regulation; | 63795 |
| (3) Limit excessive concentration of these residential | 63796 |
| facilities. | 63797 |
| (Q) This section does not prohibit a political subdivision | 63798 |
| from applying to residential facilities nondiscriminatory | 63799 |
| regulations requiring compliance with health, fire, and safety | 63800 |
| regulations and building standards and regulations. | 63801 |
| (R) Divisions (O) and (P) of this section are not applicable | 63802 |
| to municipal corporations that had in effect on June 15, 1977, an | 63803 |
| ordinance specifically permitting in residential zones licensed | 63804 |
| residential facilities by means of permitted uses, conditional | 63805 |
| uses, or special exception, so long as such ordinance remains in | 63806 |
| effect without any substantive modification. | 63807 |
| (S)(1) The director may issue an interim license to operate a | 63808 |
| residential facility to an applicant for a license under this | 63809 |
| section if either of the following is the case: | 63810 |
| (a) The director determines that an emergency exists | 63811 |
| requiring immediate placement of persons in a residential | 63812 |
| facility, that insufficient licensed beds are available, and that | 63813 |
| the residential facility is likely to receive a permanent license | 63814 |
| under this section within thirty days after issuance of the | 63815 |
| interim license. | 63816 |
| (b) The director determines that the issuance of an interim | 63817 |
| license is necessary to meet a temporary need for a residential | 63818 |
| facility. | 63819 |
| (2) To be eligible to receive an interim license, an | 63820 |
| applicant must meet the same criteria that must be met to receive | 63821 |
| a permanent license under this section, except for any differing | 63822 |
| procedures and time frames that may apply to issuance of a | 63823 |
| permanent license. | 63824 |
| (3) An interim license shall be valid for thirty days and may | 63825 |
| be renewed by the director for a period not to exceed one hundred | 63826 |
| fifty days. | 63827 |
| (4) The director shall adopt rules in accordance with Chapter | 63828 |
| 119. of the Revised Code as the director considers necessary to | 63829 |
| administer the issuance of interim licenses. | 63830 |
| (T) Notwithstanding rules adopted pursuant to this section | 63831 |
| establishing the maximum number of persons who may be served in a | 63832 |
| particular type of residential facility, a residential facility | 63833 |
| shall be permitted to serve the same number of persons being | 63834 |
| served by the facility on the effective date of the rules or the | 63835 |
| number of persons for which the facility is authorized pursuant to | 63836 |
| a current application for a certificate of need with a letter of | 63837 |
| support from the department of developmental disabilities and | 63838 |
| which is in the review process prior to April 4, 1986. | 63839 |
| (U) The director or the director's designee may enter at any | 63840 |
| time, for purposes of investigation, any home, facility, or other | 63841 |
| structure that has been reported to the director or that the | 63842 |
| director has reasonable cause to believe is being operated as a | 63843 |
| residential facility without a license issued under this section. | 63844 |
| The director may petition the court of common pleas of the | 63845 |
| county in which an unlicensed residential facility is located for | 63846 |
| an order enjoining the person or governmental agency operating the | 63847 |
| facility from continuing to operate without a license. The court | 63848 |
| may grant the injunction on a showing that the person or | 63849 |
| governmental agency named in the petition is operating a | 63850 |
| residential facility without a license. The court may grant the | 63851 |
| injunction, regardless of whether the residential facility meets | 63852 |
| the requirements for receiving a license under this section. | 63853 |
| Sec. 5123.192. (A) A person or government agency operating, | 63854 |
| on the effective date of this section, an intermediate care | 63855 |
| facility for the mentally retarded pursuant to a nursing home | 63856 |
| license issued under Chapter 3721. of the Revised Code shall do | 63857 |
| both of the following as a condition of continuing to operate the | 63858 |
| facility on and after July 1, 2013: | 63859 |
| (1) Not later than February 1, 2013, apply to the director of | 63860 |
| developmental disabilities for a residential facility license | 63861 |
| under section 5123.19 of the Revised Code for the facility; | 63862 |
| (2) Not later than July 1, 2013, obtain the residential | 63863 |
| facility license for the facility. | 63864 |
| (B) The nursing home license of an intermediate care facility | 63865 |
| for the mentally retarded shall cease to be valid at the earliest | 63866 |
| of the following: | 63867 |
| (1) The date that the facility's nursing home license is | 63868 |
| revoked or voided under section 3721.07 of the Revised Code; | 63869 |
| (2) The date that a residential facility license is obtained | 63870 |
| for the facility under section 5123.19 of the Revised Code; | 63871 |
| (3) July 1, 2013. | 63872 |
| (C) No bed that is part of an intermediate care facility for | 63873 |
| the mentally retarded that is licensed as a nursing home on the | 63874 |
| effective date of this section may be used as part of a nursing | 63875 |
| home on and after the earlier of the following: | 63876 |
| (1) The date that a residential facility license is obtained | 63877 |
| for the facility under section 5123.19 of the Revised Code; | 63878 |
| (2) July 1, 2013. | 63879 |
| Sec. 5123.31. (A) The department of developmental | 63880 |
|
disabilities shall keep | 63881 |
| 63882 | |
| 63883 | |
| residence, sex, age, nativity, occupation, condition, and date of | 63884 |
| entrance or commitment of every resident in the institutions | 63885 |
| governed by it, the date, cause, and terms of discharge and the | 63886 |
| condition of such person at the time of leaving, and also a record | 63887 |
| of all transfers from one institution to another, and, if such | 63888 |
| person dies while in the care or custody of the department, the | 63889 |
| date and cause of death. These and such other facts as the | 63890 |
| department requires shall be furnished by the managing officer of | 63891 |
| each institution within ten days after the commitment, entrance, | 63892 |
| death, or discharge of a resident. | 63893 |
| Except as provided in division (C) of this section, the | 63894 |
| department shall maintain the records described in this division | 63895 |
| in its office. The department shall make the records accessible | 63896 |
| only to its employees, except by the consent of the department or | 63897 |
| the order of the judge of a court of record. | 63898 |
| (B) In case of an accident or injury or peculiar death of | 63899 |
| an institution resident the managing officer shall make a special | 63900 |
| report to the department within twenty-four hours thereafter, | 63901 |
| giving the circumstances as fully as possible. | 63902 |
| (C) After a period of time determined by the department, the | 63903 |
| records described in division (A) of this section may be deposited | 63904 |
| with the Ohio historical society. Neither the records nor the | 63905 |
| information contained in them shall be disclosed by the historical | 63906 |
| society, except as provided in section 5123.89 of the Revised | 63907 |
| Code. | 63908 |
| Sec. 5123.38. (A) Except as provided in division (B) | 63909 |
| of this section, if an individual receiving supported living or | 63910 |
| home and community-based services funded by a county board of | 63911 |
| developmental disabilities is committed to a state-operated | 63912 |
| intermediate care facility for the mentally retarded pursuant to | 63913 |
|
sections 5123.71 to 5123.76 of the Revised Code, | 63914 |
| 63915 | |
| 63916 | |
| medicaid expenditures for the individual's care in the | 63917 |
| state-operated facility. The department of developmental | 63918 |
| disabilities shall collect the amount of the nonfederal share from | 63919 |
| the county board by either withholding that amount from funds the | 63920 |
| department has otherwise allocated to the county board or | 63921 |
| submitting an invoice for payment of that amount to the county | 63922 |
| board. | 63923 |
| (B) Division (A) of this section does not apply | 63924 |
| any of the following circumstances: | 63925 |
| (1) The county board, not later than ninety days after the | 63926 |
|
date of the commitment of a person receiving supported | 63927 |
| living, commences funding of supported living for an individual | 63928 |
| who resides in a state-operated intermediate care facility for the | 63929 |
| mentally retarded on the date of the commitment or another | 63930 |
| eligible individual designated by the department. | 63931 |
| | 63932 |
| The county board, not later than ninety days after the date of the | 63933 |
| commitment of a person receiving home and community-based | 63934 |
| services, commences funding of home and community-based services | 63935 |
| for an individual who resides in a state-operated intermediate | 63936 |
| care facility for the mentally retarded on the date of the | 63937 |
| commitment or another eligible individual designated by the | 63938 |
| department. | 63939 |
| (3) The director of developmental disabilities, after | 63940 |
| determining that circumstances warrant granting a waiver in an | 63941 |
| individual's case, grants the county board a waiver that exempts | 63942 |
| the county board from responsibility for the nonfederal share for | 63943 |
| that case. | 63944 |
| Sec. 5123.41. As used in this section and sections 5123.42 | 63945 |
| to 5123.47 of the Revised Code: | 63946 |
| (A) "Adult services" has the same meaning as in section | 63947 |
| 5126.01 of the Revised Code. | 63948 |
| (B) "Certified supported living provider" means a person or | 63949 |
| government entity certified under section 5123.161 of the Revised | 63950 |
| Code. | 63951 |
| (C) "Drug" has the same meaning as in section 4729.01 of the | 63952 |
| Revised Code. | 63953 |
| (D) "Family support services" has the same meaning as in | 63954 |
| section 5126.01 of the Revised Code. | 63955 |
| (E) "Health-related activities" means the following: | 63956 |
| (1) Taking vital signs; | 63957 |
| (2) Application of clean dressings that do not require health | 63958 |
| assessment; | 63959 |
| (3) Basic measurement of bodily intake and output; | 63960 |
| (4) Oral suctioning; | 63961 |
| (5) Use of glucometers; | 63962 |
| (6) External urinary catheter care; | 63963 |
| (7) Emptying and replacing colostomy bags; | 63964 |
| (8) Collection of specimens by noninvasive means. | 63965 |
| (F) "Licensed health professional authorized to prescribe | 63966 |
| drugs" has the same meaning as in section 4729.01 of the Revised | 63967 |
| Code. | 63968 |
| (G) "MR/DD personnel" means the employees and the workers | 63969 |
| under contract who provide specialized services to individuals | 63970 |
| with mental retardation and developmental disabilities. "MR/DD | 63971 |
| personnel" includes those who provide the services as follows: | 63972 |
| (1) Through direct employment with the department of | 63973 |
| developmental disabilities or a county board of developmental | 63974 |
| disabilities; | 63975 |
| (2) Through an entity under contract with the department of | 63976 |
| developmental disabilities or a county board of developmental | 63977 |
| disabilities; | 63978 |
| (3) Through direct employment or by being under contract with | 63979 |
| private entities, including private entities that operate | 63980 |
| residential facilities. | 63981 |
| (H) "Nursing delegation" means the process established in | 63982 |
| rules adopted by the board of nursing pursuant to Chapter 4723. of | 63983 |
| the Revised Code under which a registered nurse or licensed | 63984 |
| practical nurse acting at the direction of a registered nurse | 63985 |
| transfers the performance of a particular nursing activity or task | 63986 |
| to another person who is not otherwise authorized to perform the | 63987 |
| activity or task. | 63988 |
| (I) "Prescribed medication" means a drug that is to be | 63989 |
| administered according to the instructions of a licensed health | 63990 |
| professional authorized to prescribe drugs. | 63991 |
| (J) "Residential facility" means a facility licensed under | 63992 |
|
section 5123.19 of the Revised Code | 63993 |
| 63994 |
| (K) "Specialized services" has the same meaning as in section | 63995 |
| 5123.50 of the Revised Code. | 63996 |
| (L) "Tube feeding" means the provision of nutrition to an | 63997 |
| individual through a gastrostomy tube or a jejunostomy tube. | 63998 |
| Sec. 5123.50. As used in | 63999 |
| 64000 |
| (A) "Abuse" means all of the following: | 64001 |
| (1) The use of physical force that can reasonably be expected | 64002 |
| to result in physical harm or serious physical harm; | 64003 |
| (2) Sexual abuse; | 64004 |
| (3) Verbal abuse. | 64005 |
| (B) "Misappropriation" means depriving, defrauding, or | 64006 |
| otherwise obtaining the real or personal property of an individual | 64007 |
| by any means prohibited by the Revised Code, including violations | 64008 |
| of Chapter 2911. or 2913. of the Revised Code. | 64009 |
| (C) "MR/DD employee" means all of the following: | 64010 |
| (1) An employee of the department of developmental | 64011 |
| disabilities; | 64012 |
| (2) An employee of a county board of developmental | 64013 |
| disabilities; | 64014 |
| (3) An employee in a position that includes providing | 64015 |
| specialized services to an individual with mental retardation or | 64016 |
| another developmental disability; | 64017 |
| (4) An independent provider as defined in section 5123.16 of | 64018 |
| the Revised Code. | 64019 |
| (D) "Neglect" means, when there is a duty to do so, failing | 64020 |
| to provide an individual with any treatment, care, goods, or | 64021 |
| services that are necessary to maintain the health and safety of | 64022 |
| the individual. | 64023 |
| (E) "Offense of violence" has the same meaning as in section | 64024 |
| 2901.01 of the Revised Code. | 64025 |
| (F) "Physical harm" and "serious physical harm" have the same | 64026 |
| meanings as in section 2901.01 of the Revised Code. | 64027 |
| | 64028 |
| section 5123.41 of the Revised Code. | 64029 |
| (H) "Sexual abuse" means unlawful sexual conduct or sexual | 64030 |
| contact. | 64031 |
| | 64032 |
| designed and operated to serve primarily individuals with mental | 64033 |
| retardation or a developmental disability, including a program or | 64034 |
| service provided by an entity licensed or certified by the | 64035 |
| department of developmental disabilities. A program or service | 64036 |
| available to the general public is not a specialized service. | 64037 |
| | 64038 |
| threaten, coerce, intimidate, harass, or humiliate an individual. | 64039 |
| | 64040 |
| the same meanings as in section 2907.01 of the Revised Code. | 64041 |
| Sec. 5123.51. (A) In addition to any other action required | 64042 |
| by sections 5123.61 and 5126.31 of the Revised Code, the | 64043 |
| department of developmental disabilities shall review each report | 64044 |
| the department receives of abuse or neglect of an individual with | 64045 |
| mental retardation or a developmental disability or | 64046 |
| misappropriation of an individual's property that includes an | 64047 |
| allegation that an MR/DD employee committed or was responsible for | 64048 |
| the abuse, neglect, or misappropriation. The department shall | 64049 |
| review a report it receives from a public children services agency | 64050 |
| only after the agency completes its investigation pursuant to | 64051 |
| section 2151.421 of the Revised Code. On receipt of a notice under | 64052 |
| section 2930.061 or 5123.541 of the Revised Code, the department | 64053 |
| shall review the notice. | 64054 |
| (B) The department shall do both of the following: | 64055 |
| (1) Investigate the allegation or adopt the findings of an | 64056 |
| investigation or review of the allegation conducted by another | 64057 |
| person or government entity and determine whether there is a | 64058 |
| reasonable basis for the allegation; | 64059 |
| (2) If the department determines that there is a reasonable | 64060 |
| basis for the allegation, conduct an adjudication pursuant to | 64061 |
| Chapter 119. of the Revised Code. | 64062 |
| (C)(1) The department shall appoint an independent hearing | 64063 |
| officer to conduct any hearing conducted pursuant to division | 64064 |
| (B)(2) of this section, except that, if the hearing is regarding | 64065 |
| an employee of the department who is represented by a union, the | 64066 |
| department and a representative of the union shall jointly select | 64067 |
| the hearing officer. | 64068 |
| (2)(a) Except as provided in division (C)(2)(b) of this | 64069 |
| section, no hearing shall be conducted under division (B)(2) of | 64070 |
| this section until any criminal proceeding or collective | 64071 |
| bargaining arbitration concerning the same allegation has | 64072 |
| concluded. | 64073 |
| (b) The department may conduct a hearing pursuant to division | 64074 |
| (B)(2) of this section before a criminal proceeding concerning the | 64075 |
| same allegation is concluded if both of the following are the | 64076 |
| case: | 64077 |
| (i) The department notifies the prosecutor responsible for | 64078 |
| the criminal proceeding that the department proposes to conduct a | 64079 |
| hearing. | 64080 |
| (ii) The prosecutor consents to the hearing. | 64081 |
| (3) In conducting a hearing pursuant to division (B)(2) of | 64082 |
| this section, the hearing officer shall do all of the following: | 64083 |
| (a) Determine whether there is clear and convincing evidence | 64084 |
| that the MR/DD employee has done any of the following: | 64085 |
| (i) Misappropriated property of one or more individuals with | 64086 |
| mental retardation or a developmental disability that has a value, | 64087 |
| either separately or taken together, of one hundred dollars or | 64088 |
| more; | 64089 |
| (ii) Misappropriated property of an individual with mental | 64090 |
| retardation or a developmental disability that is designed to be | 64091 |
| used as a check, draft, negotiable instrument, credit card, charge | 64092 |
| card, or device for initiating an electronic fund transfer at a | 64093 |
| point of sale terminal, automated teller machine, or cash | 64094 |
| dispensing machine; | 64095 |
| (iii) Misappropriated prescribed medication of an individual | 64096 |
| with mental retardation or a developmental disability; | 64097 |
| (iv) Knowingly abused such an individual; | 64098 |
| | 64099 |
| with resulting physical harm; | 64100 |
| | 64101 |
| with resulting serious physical harm; | 64102 |
| | 64103 |
| substantial risk of serious physical harm; | 64104 |
| | 64105 |
| with an individual with mental retardation or another | 64106 |
| developmental disability who was not the MR/DD employee's spouse | 64107 |
| and for whom the MR/DD employee was employed or under a contract | 64108 |
| to provide care; | 64109 |
| | 64110 |
| division (C) of section 5123.61 of the Revised Code when the | 64111 |
| employee knew or should have known that the failure would result | 64112 |
| in a substantial risk of harm to an individual with mental | 64113 |
| retardation or a developmental disability; | 64114 |
| (x) Been convicted of or entered a plea of guilty to any of | 64115 |
| the following if the victim of the offense is an individual with | 64116 |
| mental retardation or a developmental disability: an offense of | 64117 |
| violence, a violation of a section contained in Chapter 2907. or | 64118 |
| Chapter 2913. of the Revised Code, or a violation of section | 64119 |
| 2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code. | 64120 |
| (b) Give weight to the decision in any collective bargaining | 64121 |
| arbitration regarding the same allegation; | 64122 |
| (c) Give weight to any relevant facts presented at the | 64123 |
| hearing. | 64124 |
| (D)(1) Unless the director of developmental disabilities | 64125 |
| determines that there are extenuating circumstances and except as | 64126 |
| provided in division (E) of this section, if the director, after | 64127 |
| considering all of the factors listed in division (C)(3) of this | 64128 |
| section, finds that there is clear and convincing evidence that an | 64129 |
| MR/DD employee has done one or more of the things described in | 64130 |
| division (C)(3)(a) of this section the director shall include the | 64131 |
| name of the employee in the registry established under section | 64132 |
| 5123.52 of the Revised Code. | 64133 |
| (2) Extenuating circumstances the director must consider | 64134 |
| include the use of physical force by an MR/DD employee that was | 64135 |
| necessary as self-defense. | 64136 |
| (3) If the director includes an MR/DD employee in the | 64137 |
| registry established under section 5123.52 of the Revised Code, | 64138 |
| the director shall notify the employee, the person or government | 64139 |
| entity that employs or contracts with the employee, the individual | 64140 |
| with mental retardation or a developmental disability who was the | 64141 |
| subject of the report and that individual's legal guardian, if | 64142 |
| any, the attorney general, and the prosecuting attorney or other | 64143 |
| law enforcement agency. If the MR/DD employee holds a license, | 64144 |
| certificate, registration, or other authorization to engage in a | 64145 |
| profession issued pursuant to Title XLVII of the Revised Code, the | 64146 |
| director shall notify the appropriate agency, board, department, | 64147 |
| or other entity responsible for regulating the employee's | 64148 |
| professional practice. | 64149 |
| (4) If an individual whose name appears on the registry is | 64150 |
| involved in a court proceeding or arbitration arising from the | 64151 |
| same facts as the allegation resulting in the individual's | 64152 |
| placement on the registry, the disposition of the proceeding or | 64153 |
| arbitration shall be noted in the registry next to the | 64154 |
| individual's name. | 64155 |
| (E) In the case of an allegation concerning an employee of | 64156 |
| the department, after the hearing conducted pursuant to division | 64157 |
| (B)(2) of this section, the director of health or that director's | 64158 |
| designee shall review the decision of the hearing officer to | 64159 |
| determine whether the standard described in division (C)(3) of | 64160 |
| this section has been met. If the director or designee determines | 64161 |
| that the standard has been met and that no extenuating | 64162 |
| circumstances exist, the director or designee shall notify the | 64163 |
| director of developmental disabilities that the MR/DD employee is | 64164 |
| to be included in the registry established under section 5123.52 | 64165 |
| of the Revised Code. If the director of developmental disabilities | 64166 |
| receives such notification, the director shall include the MR/DD | 64167 |
| employee in the registry and shall provide the notification | 64168 |
| described in division (D)(3) of this section. | 64169 |
| (F) If the department is required by Chapter 119. of the | 64170 |
| Revised Code to give notice of an opportunity for a hearing and | 64171 |
| the MR/DD employee subject to the notice does not timely request a | 64172 |
| hearing in accordance with section 119.07 or 5123.0414 of the | 64173 |
| Revised Code, the department is not required to hold a hearing. | 64174 |
| (G) Files and records of investigations conducted pursuant to | 64175 |
| this section are not public records as defined in section 149.43 | 64176 |
| of the Revised Code, but, on request, the department shall provide | 64177 |
| copies of those files and records to the attorney general, a | 64178 |
| prosecuting attorney, or a law enforcement agency. | 64179 |
| Sec. 5123.542. (A) Each of the following shall annually | 64180 |
| provide a written notice to each of its MR/DD employees explaining | 64181 |
| the conduct for which an MR/DD employee may be included in the | 64182 |
| registry established under section 5123.52 of the Revised Code: | 64183 |
| (1) The department of developmental disabilities; | 64184 |
| (2) Each county board of developmental disabilities; | 64185 |
| (3) Each | 64186 |
|
defined in section
| 64187 |
| (4) Each owner, operator, or administrator of a residential | 64188 |
| facility, as defined in section 5123.19 of the Revised Code; | 64189 |
| (5) Each owner, operator, or administrator of a program | 64190 |
| certified by the department to provide supported living. | 64191 |
| (B) The department of developmental disabilities or a county | 64192 |
| board of developmental disabilities shall provide the notice | 64193 |
| required by division (A) of this section to an MR/DD employee who | 64194 |
| is an independent provider as defined in section 5123.16 of the | 64195 |
| Revised Code. | 64196 |
| (C) The notice described in division (A) of this section | 64197 |
| shall be in a form and provided in a manner prescribed by the | 64198 |
| department of developmental disabilities. The form shall be the | 64199 |
| same for all persons and entities required to provide notice under | 64200 |
| division (A) of this section. | 64201 |
| (C) The fact that an MR/DD employee does not receive the | 64202 |
| notice required by this section does not exempt the employee from | 64203 |
| inclusion in the registry established under section 5123.52 of the | 64204 |
| Revised Code. | 64205 |
| Sec. 5123.61. (A) As used in this section: | 64206 |
| (1) "Law enforcement agency" means the state highway patrol, | 64207 |
| the police department of a municipal corporation, or a county | 64208 |
| sheriff. | 64209 |
| (2) "Abuse" has the same meaning as in section 5123.50 of the | 64210 |
| Revised Code, except that it includes a misappropriation, as | 64211 |
| defined in that section. | 64212 |
| (3) "Neglect" has the same meaning as in section 5123.50 of | 64213 |
| the Revised Code. | 64214 |
| (B) The department of developmental disabilities shall | 64215 |
| establish a registry office for the purpose of maintaining reports | 64216 |
| of abuse, neglect, and other major unusual incidents made to the | 64217 |
| department under this section and reports received from county | 64218 |
| boards of developmental disabilities under section 5126.31 of the | 64219 |
| Revised Code. The department shall establish committees to review | 64220 |
| reports of abuse, neglect, and other major unusual incidents. | 64221 |
| (C)(1) Any person listed in division (C)(2) of this section, | 64222 |
| having reason to believe that a person with mental retardation or | 64223 |
| a developmental disability has suffered or faces a substantial | 64224 |
| risk of suffering any wound, injury, disability, or condition of | 64225 |
| such a nature as to reasonably indicate abuse or neglect of that | 64226 |
| person, shall immediately report or cause reports to be made of | 64227 |
| such information to the entity specified in this division. Except | 64228 |
| as provided in section 5120.173 of the Revised Code or as | 64229 |
| otherwise provided in this division, the person making the report | 64230 |
| shall make it to a law enforcement agency or to the county board | 64231 |
| of developmental disabilities. If the report concerns a resident | 64232 |
| of a facility operated by the department of developmental | 64233 |
| disabilities the report shall be made either to a law enforcement | 64234 |
| agency or to the department. If the report concerns any act or | 64235 |
| omission of an employee of a county board of developmental | 64236 |
| disabilities, the report immediately shall be made to the | 64237 |
| department and to the county board. | 64238 |
| (2) All of the following persons are required to make a | 64239 |
| report under division (C)(1) of this section: | 64240 |
| (a) Any physician, including a hospital intern or resident, | 64241 |
| any dentist, podiatrist, chiropractor, practitioner of a limited | 64242 |
| branch of medicine as specified in section 4731.15 of the Revised | 64243 |
| Code, hospital administrator or employee of a hospital, nurse | 64244 |
| licensed under Chapter 4723. of the Revised Code, employee of an | 64245 |
| ambulatory health facility as defined in section 5101.61 of the | 64246 |
|
Revised Code, employee of a home health agency, employee of | 64247 |
| 64248 | |
| section 5119.22 of the Revised Code that provides accommodations, | 64249 |
| supervision, and personal care services for three to sixteen | 64250 |
| unrelated adults, or employee of a community mental health | 64251 |
| facility; | 64252 |
| (b) Any school teacher or school authority, social worker, | 64253 |
| psychologist, attorney, peace officer, coroner, or residents' | 64254 |
| rights advocate as defined in section 3721.10 of the Revised Code; | 64255 |
| (c) A superintendent, board member, or employee of a county | 64256 |
| board of developmental disabilities; an administrator, board | 64257 |
| member, or employee of a residential facility licensed under | 64258 |
| section 5123.19 of the Revised Code; an administrator, board | 64259 |
| member, or employee of any other public or private provider of | 64260 |
| services to a person with mental retardation or a developmental | 64261 |
| disability, or any MR/DD employee, as defined in section 5123.50 | 64262 |
| of the Revised Code; | 64263 |
| (d) A member of a citizen's advisory council established at | 64264 |
| an institution or branch institution of the department of | 64265 |
| developmental disabilities under section 5123.092 of the Revised | 64266 |
| Code; | 64267 |
| (e) A | 64268 |
| position that includes providing specialized services to an | 64269 |
| individual with mental retardation or another developmental | 64270 |
| disability, while acting in an official or professional capacity | 64271 |
| in that position, or a person who is employed in a position that | 64272 |
| includes providing specialized services to an individual with | 64273 |
| mental retardation or another developmental disability and who, | 64274 |
| while acting in an official or professional capacity, renders | 64275 |
| spiritual treatment through prayer in accordance with the tenets | 64276 |
| of an organized religion. | 64277 |
| (3)(a) The reporting requirements of this division do not | 64278 |
| apply to members of the legal rights service commission or to | 64279 |
| employees of the legal rights service. | 64280 |
| (b) An attorney or physician is not required to make a report | 64281 |
| pursuant to division (C)(1) of this section concerning any | 64282 |
| communication the attorney or physician receives from a client or | 64283 |
| patient in an attorney-client or physician-patient relationship, | 64284 |
| if, in accordance with division (A) or (B) of section 2317.02 of | 64285 |
| the Revised Code, the attorney or physician could not testify with | 64286 |
| respect to that communication in a civil or criminal proceeding, | 64287 |
| except that the client or patient is deemed to have waived any | 64288 |
| testimonial privilege under division (A) or (B) of section 2317.02 | 64289 |
| of the Revised Code with respect to that communication and the | 64290 |
| attorney or physician shall make a report pursuant to division | 64291 |
| (C)(1) of this section, if both of the following apply: | 64292 |
| (i) The client or patient, at the time of the communication, | 64293 |
| is a person with mental retardation or a developmental disability. | 64294 |
| (ii) The attorney or physician knows or suspects, as a result | 64295 |
| of the communication or any observations made during that | 64296 |
| communication, that the client or patient has suffered or faces a | 64297 |
| substantial risk of suffering any wound, injury, disability, or | 64298 |
| condition of a nature that reasonably indicates abuse or neglect | 64299 |
| of the client or patient. | 64300 |
| (4) Any person who fails to make a report required under | 64301 |
| division (C) of this section and who is an MR/DD employee, as | 64302 |
| defined in section 5123.50 of the Revised Code, shall be eligible | 64303 |
| to be included in the registry regarding misappropriation, abuse, | 64304 |
| neglect, or other specified misconduct by MR/DD employees | 64305 |
| established under section 5123.52 of the Revised Code. | 64306 |
| (D) The reports required under division (C) of this section | 64307 |
| shall be made forthwith by telephone or in person and shall be | 64308 |
| followed by a written report. The reports shall contain the | 64309 |
| following: | 64310 |
| (1) The names and addresses of the person with mental | 64311 |
| retardation or a developmental disability and the person's | 64312 |
| custodian, if known; | 64313 |
| (2) The age of the person with mental retardation or a | 64314 |
| developmental disability; | 64315 |
| (3) Any other information that would assist in the | 64316 |
| investigation of the report. | 64317 |
| (E) When a physician performing services as a member of the | 64318 |
| staff of a hospital or similar institution has reason to believe | 64319 |
| that a person with mental retardation or a developmental | 64320 |
| disability has suffered injury, abuse, or physical neglect, the | 64321 |
| physician shall notify the person in charge of the institution or | 64322 |
| that person's designated delegate, who shall make the necessary | 64323 |
| reports. | 64324 |
| (F) Any person having reasonable cause to believe that a | 64325 |
| person with mental retardation or a developmental disability has | 64326 |
| suffered or faces a substantial risk of suffering abuse or neglect | 64327 |
| may report or cause a report to be made of that belief to the | 64328 |
| entity specified in this division. Except as provided in section | 64329 |
| 5120.173 of the Revised Code or as otherwise provided in this | 64330 |
| division, the person making the report shall make it to a law | 64331 |
| enforcement agency or the county board of developmental | 64332 |
| disabilities. If the person is a resident of a facility operated | 64333 |
| by the department of developmental disabilities, the report shall | 64334 |
| be made to a law enforcement agency or to the department. If the | 64335 |
| report concerns any act or omission of an employee of a county | 64336 |
| board of developmental disabilities, the report immediately shall | 64337 |
| be made to the department and to the county board. | 64338 |
| (G)(1) Upon the receipt of a report concerning the possible | 64339 |
| abuse or neglect of a person with mental retardation or a | 64340 |
| developmental disability, the law enforcement agency shall inform | 64341 |
| the county board of developmental disabilities or, if the person | 64342 |
| is a resident of a facility operated by the department of | 64343 |
| developmental disabilities, the director of the department or the | 64344 |
| director's designee. | 64345 |
| (2) On receipt of a report under this section that includes | 64346 |
| an allegation of action or inaction that may constitute a crime | 64347 |
| under federal law or the law of this state, the department of | 64348 |
| developmental disabilities shall notify the law enforcement | 64349 |
| agency. | 64350 |
| (3) When a county board of developmental disabilities | 64351 |
| receives a report under this section that includes an allegation | 64352 |
| of action or inaction that may constitute a crime under federal | 64353 |
| law or the law of this state, the superintendent of the board or | 64354 |
| an individual the superintendent designates under division (H) of | 64355 |
| this section shall notify the law enforcement agency. The | 64356 |
| superintendent or individual shall notify the department of | 64357 |
| developmental disabilities when it receives any report under this | 64358 |
| section. | 64359 |
| (4) When a county board of developmental disabilities | 64360 |
| receives a report under this section and believes that the degree | 64361 |
| of risk to the person is such that the report is an emergency, the | 64362 |
| superintendent of the board or an employee of the board the | 64363 |
| superintendent designates shall attempt a face-to-face contact | 64364 |
| with the person with mental retardation or a developmental | 64365 |
| disability who allegedly is the victim within one hour of the | 64366 |
| board's receipt of the report. | 64367 |
| (H) The superintendent of the board may designate an | 64368 |
| individual to be responsible for notifying the law enforcement | 64369 |
| agency and the department when the county board receives a report | 64370 |
| under this section. | 64371 |
| (I) An adult with mental retardation or a developmental | 64372 |
| disability about whom a report is made may be removed from the | 64373 |
| adult's place of residence only by law enforcement officers who | 64374 |
| consider that the adult's immediate removal is essential to | 64375 |
| protect the adult from further injury or abuse or in accordance | 64376 |
| with the order of a court made pursuant to section 5126.33 of the | 64377 |
| Revised Code. | 64378 |
| (J) A law enforcement agency shall investigate each report of | 64379 |
| abuse or neglect it receives under this section. In addition, the | 64380 |
| department, in cooperation with law enforcement officials, shall | 64381 |
| investigate each report regarding a resident of a facility | 64382 |
| operated by the department to determine the circumstances | 64383 |
| surrounding the injury, the cause of the injury, and the person | 64384 |
| responsible. The investigation shall be in accordance with the | 64385 |
| memorandum of understanding prepared under section 5126.058 of the | 64386 |
| Revised Code. The department shall determine, with the registry | 64387 |
| office which shall be maintained by the department, whether prior | 64388 |
| reports have been made concerning an adult with mental retardation | 64389 |
| or a developmental disability or other principals in the case. If | 64390 |
| the department finds that the report involves action or inaction | 64391 |
| that may constitute a crime under federal law or the law of this | 64392 |
| state, it shall submit a report of its investigation, in writing, | 64393 |
| to the law enforcement agency. If the person with mental | 64394 |
| retardation or a developmental disability is an adult, with the | 64395 |
| consent of the adult, the department shall provide such protective | 64396 |
| services as are necessary to protect the adult. The law | 64397 |
| enforcement agency shall make a written report of its findings to | 64398 |
| the department. | 64399 |
| If the person is an adult and is not a resident of a facility | 64400 |
| operated by the department, the county board of developmental | 64401 |
| disabilities shall review the report of abuse or neglect in | 64402 |
| accordance with sections 5126.30 to 5126.33 of the Revised Code | 64403 |
| and the law enforcement agency shall make the written report of | 64404 |
| its findings to the county board. | 64405 |
| (K) Any person or any hospital, institution, school, health | 64406 |
| department, or agency participating in the making of reports | 64407 |
| pursuant to this section, any person participating as a witness in | 64408 |
| an administrative or judicial proceeding resulting from the | 64409 |
| reports, or any person or governmental entity that discharges | 64410 |
| responsibilities under sections 5126.31 to 5126.33 of the Revised | 64411 |
| Code shall be immune from any civil or criminal liability that | 64412 |
| might otherwise be incurred or imposed as a result of such actions | 64413 |
| except liability for perjury, unless the person or governmental | 64414 |
| entity has acted in bad faith or with malicious purpose. | 64415 |
| (L) No employer or any person with the authority to do so | 64416 |
| shall discharge, demote, transfer, prepare a negative work | 64417 |
| performance evaluation, reduce pay or benefits, terminate work | 64418 |
| privileges, or take any other action detrimental to an employee or | 64419 |
| retaliate against an employee as a result of the employee's having | 64420 |
| made a report under this section. This division does not preclude | 64421 |
| an employer or person with authority from taking action with | 64422 |
| regard to an employee who has made a report under this section if | 64423 |
| there is another reasonable basis for the action. | 64424 |
| (M) Reports made under this section are not public records as | 64425 |
| defined in section 149.43 of the Revised Code. Information | 64426 |
| contained in the reports on request shall be made available to the | 64427 |
| person who is the subject of the report, to the person's legal | 64428 |
| counsel, and to agencies authorized to receive information in the | 64429 |
| report by the department or by a county board of developmental | 64430 |
| disabilities. | 64431 |
| (N) Notwithstanding section 4731.22 of the Revised Code, the | 64432 |
| physician-patient privilege shall not be a ground for excluding | 64433 |
| evidence regarding the injuries or physical neglect of a person | 64434 |
| with mental retardation or a developmental disability or the cause | 64435 |
| thereof in any judicial proceeding resulting from a report | 64436 |
| submitted pursuant to this section. | 64437 |
| Sec. 5123.89. (A) All certificates, applications, records, | 64438 |
| and reports made for the purpose of this chapter, other than court | 64439 |
| journal entries or court docket entries, which directly or | 64440 |
| indirectly identify a resident or former resident of an | 64441 |
| institution for the mentally retarded or person whose | 64442 |
| institutionalization has been sought under this chapter shall be | 64443 |
| kept confidential and shall not be disclosed by any person except | 64444 |
| in the following situations: | 64445 |
| (1) It is the judgment of the court for judicial records, and | 64446 |
| the managing officer for institution records, that disclosure is | 64447 |
| in the best interest of the person identified, and that person or | 64448 |
| that person's guardian or, if that person is a minor, that | 64449 |
| person's parent or guardian consents. | 64450 |
| (2) Disclosure is provided for in other sections of this | 64451 |
| chapter. | 64452 |
| (3) It is the judgment of the managing officer for | 64453 |
| institution records that disclosure to a mental health facility is | 64454 |
| in the best interest of the person identified. | 64455 |
| (4) Disclosure is of a record deposited with the Ohio | 64456 |
| historical society pursuant to division (C) of section 5123.31 of | 64457 |
| the Revised Code and the disclosure is made to the closest living | 64458 |
| relative of the person identified, on the relative's request. | 64459 |
| (B) The department of developmental disabilities shall adopt | 64460 |
| rules with respect to the systematic and periodic destruction of | 64461 |
| residents' records. | 64462 |
| (C)(1) As used in this division, "family" means a parent, | 64463 |
| brother, sister, spouse, son, daughter, grandparent, aunt, uncle, | 64464 |
| or cousin. | 64465 |
| (2) Upon the death of a resident or former resident of an | 64466 |
| institution for the mentally retarded or a person whose | 64467 |
| institutionalization was sought under this chapter, the managing | 64468 |
| officer of an institution shall provide access to the | 64469 |
| certificates, applications, records, and reports made for the | 64470 |
| purposes of this chapter to the resident's, former resident's, or | 64471 |
| person's guardian if the guardian makes a written request. If a | 64472 |
| deceased resident, former resident, or person whose | 64473 |
| institutionalization was sought under this chapter did not have a | 64474 |
| guardian at the time of death, the managing officer shall provide | 64475 |
| access to the certificates, applications, records, and reports | 64476 |
| made for purposes of this chapter to a member of the person's | 64477 |
| family, upon that family member's written request. | 64478 |
| (D) No person shall reveal the contents of a record of a | 64479 |
| resident except as authorized by this chapter. | 64480 |
| Sec. 5126.023. | 64481 |
| serve as a member of a county board of developmental disabilities: | 64482 |
| | 64483 |
| trustee, township fiscal officer, or individual excluded from the | 64484 |
| definition of public official or employee in division (B) of | 64485 |
| section 102.01 of the Revised Code; | 64486 |
| | 64487 |
|
same county board
| 64488 |
| | 64489 |
| (D) An immediate family member of | 64490 |
| of the same county board; | 64491 |
| | 64492 |
|
employment
| 64493 |
|
calendar | 64494 |
| serve as a member of the same county board; | 64495 |
| | 64496 |
| ceased less than two years before the former employee would begin | 64497 |
| to serve as a member of a different county board; | 64498 |
| (G) An individual who or whose immediate family member is a | 64499 |
|
board member | 64500 |
| the department of developmental disabilities to provide services | 64501 |
| to individuals with mental retardation or developmental | 64502 |
| disabilities or an individual who or whose immediate family member | 64503 |
| is an employee of such an agency; | 64504 |
| | 64505 |
| 64506 | |
| 64507 | |
| 64508 | |
| 64509 | |
| 64510 |
| | 64511 |
| serves as a county commissioner of a county served by the county | 64512 |
| board unless the individual was a member of the county board | 64513 |
| before October 31, 1980. | 64514 |
| | 64515 |
| 64516 | |
| 64517 | |
| 64518 | |
| 64519 | |
| 64520 |
| Sec. 5126.0220. (A) The superintendent of the county board | 64521 |
| of developmental disabilities shall do all of the following: | 64522 |
| | 64523 |
| board's rules; | 64524 |
| | 64525 |
| increase the effectiveness of the programs and services offered | 64526 |
| pursuant to Chapters 3323. and 5126. of the Revised Code; | 64527 |
| | 64528 |
| board, approve contracts of employment for management employees | 64529 |
| that are for a term of one year or less, and approve personnel | 64530 |
| actions that involve employees in the classified civil service as | 64531 |
| may be necessary for the work of the board; | 64532 |
| | 64533 |
|
set by the salary schedule and budget set by the board | 64534 |
| 64535 | |
| that all employees and consultants are properly reimbursed for | 64536 |
| actual and necessary expenses incurred in the performance of | 64537 |
| official duties; | 64538 |
| | 64539 |
| division (C) of section 102.01 of the Revised Code, including | 64540 |
| other county boards of developmental disabilities, and to | 64541 |
| individuals, agencies, or organizations providing services | 64542 |
| supported by the board. | 64543 |
| (B) The superintendent may authorize the payment of board | 64544 |
| obligations by the county auditor. | 64545 |
| Sec. 5126.0221. (A) As used in this section, "specialized | 64546 |
|
services" has the same meaning as in section | 64547 |
| the Revised Code. | 64548 |
| (B) Except as provided in division (C) of section 5126.033 of | 64549 |
| the Revised Code, none of the following individuals may be | 64550 |
| employed by a county board of developmental disabilities: | 64551 |
| (1) An employee of an agency contracting with the county | 64552 |
| board; | 64553 |
| (2) An immediate family member of an employee of an agency | 64554 |
| contracting with the county board unless the county board adopts a | 64555 |
| resolution authorizing the immediate family member's employment | 64556 |
| with the county board or the employment is consistent with a | 64557 |
| policy adopted by the board establishing parameters for such | 64558 |
| employment and the policy is consistent with Chapter 102. and | 64559 |
| sections 2921.42, 2921.421, and 2921.43 of the Revised Code; | 64560 |
| (3) An individual with an immediate family member who serves | 64561 |
| as a county commissioner of any of the counties served by the | 64562 |
| county board unless the individual was an employee of the county | 64563 |
| board before October 31, 1980; | 64564 |
| (4) An individual who is employed by, has an ownership | 64565 |
| interest in, performs or provides administrative duties for, or is | 64566 |
| a member of the governing board of an entity that provides | 64567 |
| specialized services, regardless of whether the entity contracts | 64568 |
| with the county board to provide specialized services. | 64569 |
| Sec. 5126.043. (A) When an individual with mental retardation | 64570 |
|
or other developmental disability is required | 64571 |
| 64572 | |
| 64573 | |
| 64574 | |
| 64575 | |
| 64576 | |
| 64577 | |
| a decision regarding the individual's receipt of a service or | 64578 |
| participation in a program provided for or funded under this | 64579 |
| chapter or Chapter 5123. of the Revised Code, the individual | 64580 |
| shall, except as provided in division (C) of this section, make | 64581 |
| the decision. In making a decision, the individual may seek | 64582 |
| support and guidance from a family member or trusted adult friend | 64583 |
| and doing so does not eliminate the individual's authority under | 64584 |
| this division. | 64585 |
| (B)(1) Subject to division (B)(2) and except as provided in | 64586 |
| division (D) of this section, when an individual with mental | 64587 |
| retardation or other developmental disability lacks the capacity | 64588 |
| to make a decision described in division (A) of this section, the | 64589 |
| following, determined in the order of priority specified, shall | 64590 |
| make the decision on the individual's behalf: | 64591 |
| (a) The individual's guardian, as defined in section 2111.01 | 64592 |
| of the Revised Code; | 64593 |
| (b) An adult who has been authorized in writing by the | 64594 |
| individual to make such a decision on the individual's behalf; | 64595 |
| (c) The individual's spouse; | 64596 |
| (d) The individual's parent; | 64597 |
| (e) An adult child of the individual; | 64598 |
| (f) An adult sibling of the individual; | 64599 |
| (g) A grandparent of the individual; | 64600 |
| (h) An adult not described in divisions (B)(1)(a) to (g) of | 64601 |
| this section who is related to the individual by blood, marriage, | 64602 |
| or adoption, has exhibited special care and concern for the | 64603 |
| individual, is generally familiar with the individual's desires, | 64604 |
| and is willing and able to make the decision and act in the | 64605 |
| individual's best interests; | 64606 |
| (i) An adult friend who has exhibited special care and | 64607 |
| concern for the individual, is generally familiar with the | 64608 |
| individual's desires, and is willing and able to make the decision | 64609 |
| and act in the individual's best interests. | 64610 |
| (2) If division (B)(1)(b), (d), (e), (f), (g), (h), or (i) of | 64611 |
| this section describes more than one person, the decision may be | 64612 |
| made by a single person who meets that description unless that | 64613 |
| person knows of an objection by another person who meets the | 64614 |
| description. If an objection is known, the decision may be made | 64615 |
| only by a majority of the persons described who are reasonably | 64616 |
| available. If such a majority does not exist, the decision shall | 64617 |
| be made by the person in the next priority class. | 64618 |
| (C) Individuals with mental retardation and other | 64619 |
| developmental disabilities, including those who have been | 64620 |
| adjudicated incompetent pursuant to Chapter 2111. of the Revised | 64621 |
| Code, have the right to participate in decisions that affect their | 64622 |
| lives and to have their needs, desires, and preferences | 64623 |
| considered. A person described in divisions (B)(1)(a) to (i) who | 64624 |
| must make a decision on behalf of an individual described in | 64625 |
| division (B) of this section shall consider the individual's | 64626 |
| needs, desires, and preferences and make a decision that is | 64627 |
| consistent with those items and the individual's best interests. | 64628 |
| (D) A person described in divisions (B)(1)(a) to (i) of this | 64629 |
| section who provides services to an individual, other than | 64630 |
| protective services as defined in section 5123.55 of the Revised | 64631 |
| Code, shall be disqualified from making a decision required by | 64632 |
| division (B) of this section if the person is not related by | 64633 |
| blood, marriage, or adoption to the individual. | 64634 |
| Sec. 5126.046. (A) | 64635 |
| 64636 | |
| 64637 | |
| 64638 | |
| 64639 | |
| 64640 | |
| 64641 | |
| 64642 | |
| 64643 | |
| 64644 | |
| 64645 | |
| 64646 | |
| 64647 | |
| 64648 | |
| 64649 |
| | 64650 |
| individual with mental retardation or other developmental | 64651 |
|
disability who is eligible for | 64652 |
| 64653 | |
| 64654 | |
|
services | 64655 |
| | 64656 |
| 64657 | |
| 64658 | |
| 64659 | |
| 64660 | |
| 64661 | |
| 64662 | |
| 64663 | |
| 64664 | |
| 64665 | |
| 64666 | |
| 64667 | |
| 64668 | |
| 64669 | |
| 64670 | |
| 64671 | |
| willing to furnish the services to the individual. A county board | 64672 |
| of developmental disabilities that has medicaid local | 64673 |
| administrative authority under division (A) of section 5126.055 of | 64674 |
| the Revised Code for home and community-based services and refuses | 64675 |
| to permit an individual to obtain home and community-based | 64676 |
| services from a qualified and willing provider shall provide the | 64677 |
| individual timely notice that the individual may request a hearing | 64678 |
| under section 5101.35 of the Revised Code. | 64679 |
| (B) An individual with mental retardation or other | 64680 |
| developmental disability who is eligible for nonmedicaid | 64681 |
|
residential services or
nonmedicaid supported living | 64682 |
| 64683 | |
| residential services or supported living that is qualified to | 64684 |
| furnish the residential services or supported living and is | 64685 |
| willing to furnish the residential services or supported living to | 64686 |
| the individual. | 64687 |
| (C) | 64688 |
| 64689 | |
| 64690 | |
| 64691 | |
| 64692 | |
| 64693 | |
| 64694 | |
| 64695 |
| | 64696 |
| 64697 | |
| Chapter 119. of the Revised Code governing the implementation of | 64698 |
| this section. The rules shall include procedures for individuals | 64699 |
|
to choose their | 64700 |
| by a provider selection system established under section 5126.42 | 64701 |
| of the Revised Code, including any pool of providers created | 64702 |
| pursuant to a provider selection system. | 64703 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 of | 64704 |
| the Revised Code, a county board of developmental disabilities has | 64705 |
| medicaid local administrative authority to, and shall, do all of | 64706 |
| the following for an individual with mental retardation or other | 64707 |
| developmental disability who resides in the county that the county | 64708 |
| board serves and seeks or receives home and community-based | 64709 |
| services: | 64710 |
| (1) Perform assessments and evaluations of the individual. As | 64711 |
| part of the assessment and evaluation process, the county board | 64712 |
| shall do all of the following: | 64713 |
| (a) Make a recommendation to the department of developmental | 64714 |
| disabilities on whether the department should approve or deny the | 64715 |
| individual's application for the services, including on the basis | 64716 |
| of whether the individual needs the level of care an intermediate | 64717 |
| care facility for the mentally retarded provides; | 64718 |
| (b) If the individual's application is denied because of the | 64719 |
| county board's recommendation and the individual requests a | 64720 |
| hearing under section 5101.35 of the Revised Code, present, with | 64721 |
| the department of developmental disabilities or department of job | 64722 |
| and family services, whichever denies the application, the reasons | 64723 |
| for the recommendation and denial at the hearing; | 64724 |
| (c) If the individual's application is approved, recommend to | 64725 |
| the departments of developmental disabilities and job and family | 64726 |
| services the services that should be included in the individual's | 64727 |
| individualized service plan and, if either department approves, | 64728 |
| reduces, denies, or terminates a service included in the | 64729 |
| individual's individualized service plan under section 5111.871 of | 64730 |
| the Revised Code because of the county board's recommendation, | 64731 |
| present, with the department that made the approval, reduction, | 64732 |
| denial, or termination, the reasons for the recommendation and | 64733 |
| approval, reduction, denial, or termination at a hearing under | 64734 |
| section 5101.35 of the Revised Code. | 64735 |
| (2)
| 64736 |
| 64737 | |
| any duties assigned to the county board in rules adopted under | 64738 |
| 64739 | |
| individual's right to choose a qualified and willing provider of | 64740 |
| the services and, at a hearing under section 5101.35 of the | 64741 |
| Revised Code, present evidence of the process for appropriate | 64742 |
| assistance in choosing providers; | 64743 |
| (3) If the county board is certified under section 5123.161 | 64744 |
| of the Revised Code to provide the services and agrees to provide | 64745 |
| the services to the individual and the individual chooses the | 64746 |
| county board to provide the services, furnish, in accordance with | 64747 |
| the county board's medicaid provider agreement and for the | 64748 |
| authorized reimbursement rate, the services the individual | 64749 |
| requires; | 64750 |
| (4) Monitor the services provided to the individual and | 64751 |
| ensure the individual's health, safety, and welfare. The | 64752 |
| monitoring shall include quality assurance activities. If the | 64753 |
| county board provides the services, the department of | 64754 |
| developmental disabilities shall also monitor the services. | 64755 |
| (5) Develop, with the individual and the provider of the | 64756 |
| individual's services, an effective individualized service plan | 64757 |
| that includes coordination of services, recommend that the | 64758 |
| departments of developmental disabilities and job and family | 64759 |
| services approve the plan, and implement the plan unless either | 64760 |
| department disapproves it. The individualized service plan shall | 64761 |
| include a summary page, agreed to by the county board, provider, | 64762 |
| and individual receiving services, that clearly outlines the | 64763 |
| amount, duration, and scope of services to be provided under the | 64764 |
| plan. | 64765 |
| (6) Have an investigative agent conduct investigations under | 64766 |
| section 5126.313 of the Revised Code that concern the individual; | 64767 |
| (7) Have a service and support administrator perform the | 64768 |
| duties under division (B)(9) of section 5126.15 of the Revised | 64769 |
| Code that concern the individual. | 64770 |
| (B) A county board shall perform its medicaid local | 64771 |
| administrative authority under this section in accordance with all | 64772 |
| of the following: | 64773 |
| (1) The county board's plan that the department of | 64774 |
| developmental disabilities approves under section 5123.046 of the | 64775 |
| Revised Code; | 64776 |
| (2) All applicable federal and state laws; | 64777 |
| (3) All applicable policies of the departments of | 64778 |
| developmental disabilities and job and family services and the | 64779 |
| United States department of health and human services; | 64780 |
| (4) The department of job and family services' supervision | 64781 |
| under its authority under section 5111.01 of the Revised Code to | 64782 |
| act as the single state medicaid agency; | 64783 |
| (5) The department of developmental disabilities' oversight. | 64784 |
| (C) The departments of developmental disabilities and job and | 64785 |
| family services shall communicate with and provide training to | 64786 |
| county boards regarding medicaid local administrative authority | 64787 |
| granted by this section. The communication and training shall | 64788 |
| include issues regarding audit protocols and other standards | 64789 |
| established by the United States department of health and human | 64790 |
| services that the departments determine appropriate for | 64791 |
| communication and training. County boards shall participate in the | 64792 |
| training. The departments shall assess the county board's | 64793 |
| compliance against uniform standards that the departments shall | 64794 |
| establish. | 64795 |
| (D) A county board may not delegate its medicaid local | 64796 |
| administrative authority granted under this section but may | 64797 |
| contract with a person or government entity, including a council | 64798 |
| of governments, for assistance with its medicaid local | 64799 |
| administrative authority. A county board that enters into such a | 64800 |
| contract shall notify the director of developmental disabilities. | 64801 |
| The notice shall include the tasks and responsibilities that the | 64802 |
| contract gives to the person or government entity. The person or | 64803 |
| government entity shall comply in full with all requirements to | 64804 |
| which the county board is subject regarding the person or | 64805 |
| government entity's tasks and responsibilities under the contract. | 64806 |
| The county board remains ultimately responsible for the tasks and | 64807 |
| responsibilities. | 64808 |
| (E) A county board that has medicaid local administrative | 64809 |
| authority under this section shall, through the departments of | 64810 |
| developmental disabilities and job and family services, reply to, | 64811 |
| and cooperate in arranging compliance with, a program or fiscal | 64812 |
| audit or program violation exception that a state or federal audit | 64813 |
| or review discovers. The department of job and family services | 64814 |
| shall timely notify the department of developmental disabilities | 64815 |
| and the county board of any adverse findings. After receiving the | 64816 |
| notice, the county board, in conjunction with the department of | 64817 |
| developmental disabilities, shall cooperate fully with the | 64818 |
| department of job and family services and timely prepare and send | 64819 |
| to the department a written plan of correction or response to the | 64820 |
| adverse findings. The county board is liable for any adverse | 64821 |
| findings that result from an action it takes or fails to take in | 64822 |
| its implementation of medicaid local administrative authority. | 64823 |
| (F) If the department of developmental disabilities or | 64824 |
| department of job and family services determines that a county | 64825 |
| board's implementation of its medicaid local administrative | 64826 |
| authority under this section is deficient, the department that | 64827 |
| makes the determination shall require that county board do the | 64828 |
| following: | 64829 |
| (1) If the deficiency affects the health, safety, or welfare | 64830 |
| of an individual with mental retardation or other developmental | 64831 |
| disability, correct the deficiency within twenty-four hours; | 64832 |
| (2) If the deficiency does not affect the health, safety, or | 64833 |
| welfare of an individual with mental retardation or other | 64834 |
| developmental disability, receive technical assistance from the | 64835 |
| department or submit a plan of correction to the department that | 64836 |
| is acceptable to the department within sixty days and correct the | 64837 |
| deficiency within the time required by the plan of correction. | 64838 |
| Sec. 5126.13. (A) A county board of developmental | 64839 |
| disabilities may enter into an agreement with one or more other | 64840 |
| county boards of developmental disabilities to establish a | 64841 |
| regional council in accordance with Chapter 167. of the Revised | 64842 |
| Code. The agreement shall specify the duties and functions to be | 64843 |
| performed by the council, which may include any duty or function a | 64844 |
| county board is required or authorized to perform under this | 64845 |
|
chapter. | 64846 |
| 64847 | |
| 64848 | |
| 64849 | |
| 64850 | |
| 64851 | |
| 64852 | |
| 64853 |
| A county board may also enter into an agreement with one or | 64854 |
| more school districts or other political subdivisions to establish | 64855 |
| a regional council in accordance with Chapter 167. of the Revised | 64856 |
| Code. | 64857 |
| (B) On or before the thirtieth day of March, the fiscal | 64858 |
| officer of a regional council described in this section shall | 64859 |
| report to the department of developmental disabilities, in the | 64860 |
| format specified by the department, all income and operating | 64861 |
| expenditures of the council for the immediately preceding calendar | 64862 |
| year. | 64863 |
| Sec. 5126.15. (A) A county board of developmental | 64864 |
| disabilities shall provide service and support administration to | 64865 |
| each individual three years of age or older who is eligible for | 64866 |
| service and support administration if the individual requests, or | 64867 |
| a person on the individual's behalf requests, service and support | 64868 |
| administration. A board shall provide service and support | 64869 |
| administration to each individual receiving home and | 64870 |
| community-based services. A board may provide, in accordance with | 64871 |
| the service coordination requirements of 34 C.F.R. 303.23, service | 64872 |
| and support administration to an individual under three years of | 64873 |
| age eligible for early intervention services under 34 C.F.R. part | 64874 |
| 303. A board may provide service and support administration to an | 64875 |
| individual who is not eligible for other services of the board. | 64876 |
| Service and support administration shall be provided in accordance | 64877 |
| with rules adopted under section 5126.08 of the Revised Code. | 64878 |
| A board may provide service and support administration by | 64879 |
| directly employing service and support administrators or by | 64880 |
| contracting with entities for the performance of service and | 64881 |
| support administration. Individuals employed or under contract as | 64882 |
| service and support administrators shall not be in the same | 64883 |
| collective bargaining unit as employees who perform duties that | 64884 |
| are not administrative. | 64885 |
| Individuals employed by a board as service and support | 64886 |
| administrators shall not be assigned responsibilities for | 64887 |
| implementing other services for individuals and shall not be | 64888 |
| employed by or serve in a decision-making or policy-making | 64889 |
| capacity for any other entity that provides programs or services | 64890 |
| to individuals with mental retardation or developmental | 64891 |
| disabilities. An individual employed as a conditional status | 64892 |
| service and support administrator shall perform the duties of | 64893 |
| service and support administration only under the supervision of a | 64894 |
| management employee who is a service and support administration | 64895 |
| supervisor. | 64896 |
| (B) The individuals employed by or under contract with a | 64897 |
| board to provide service and support administration shall do all | 64898 |
| of the following: | 64899 |
| (1) Establish an individual's eligibility for the services of | 64900 |
| the county board of developmental disabilities; | 64901 |
| (2) Assess individual needs for services; | 64902 |
| (3) Develop individual service plans with the active | 64903 |
| participation of the individual to be served, other persons | 64904 |
| selected by the individual, and, when applicable, the provider | 64905 |
| selected by the individual, and recommend the plans for approval | 64906 |
| by the department of developmental disabilities when services | 64907 |
| included in the plans are funded through medicaid; | 64908 |
| (4) Establish budgets for services based on the individual's | 64909 |
| assessed needs and preferred ways of meeting those needs; | 64910 |
| (5) Assist individuals in making selections from among the | 64911 |
| providers they have chosen; | 64912 |
| (6) Ensure that services are effectively coordinated and | 64913 |
| provided by appropriate providers; | 64914 |
| (7) Establish and implement an ongoing system of monitoring | 64915 |
| the implementation of individual service plans to achieve | 64916 |
| consistent implementation and the desired outcomes for the | 64917 |
| individual; | 64918 |
| (8) Perform quality assurance reviews as a distinct function | 64919 |
| of service and support administration; | 64920 |
| (9) Incorporate the results of quality assurance reviews and | 64921 |
| identified trends and patterns of unusual incidents and major | 64922 |
| unusual incidents into amendments of an individual's service plan | 64923 |
| for the purpose of improving and enhancing the quality and | 64924 |
|
appropriateness of services rendered to the individual | 64925 |
| | 64926 |
| 64927 | |
| 64928 | |
| 64929 | |
| 64930 | |
| 64931 | |
| 64932 | |
| 64933 | |
| 64934 | |
| 64935 | |
| 64936 |
| Sec. 5126.20. As used in this section and sections 5126.21 | 64937 |
|
to | 64938 |
| (A) "Service employee" means a person employed by a county | 64939 |
| board of developmental disabilities in a position which may | 64940 |
|
require | 64941 |
| Revised Code but for which a bachelor's degree from an accredited | 64942 |
| college or university is not required, and includes employees in | 64943 |
| the positions listed in division (C) of section 5126.22 of the | 64944 |
| Revised Code. | 64945 |
| (B)(1) "Professional employee" means both of the following: | 64946 |
| (a) A person employed by a board in a position for which | 64947 |
| either a bachelor's degree from an accredited college or | 64948 |
| university or a license or certificate issued under Title XLVII of | 64949 |
| the Revised Code is a minimum requirement; | 64950 |
| (b) A person employed by a board as a conditional status | 64951 |
| service and support administrator. | 64952 |
| (2) "Professional employee" includes employees in the | 64953 |
| positions listed in division (B) of section 5126.22 of the Revised | 64954 |
| Code. | 64955 |
| (C) "Management employee" means a person employed by a board | 64956 |
| in a position having supervisory or managerial responsibilities | 64957 |
| and duties, and includes employees in the positions listed in | 64958 |
| division (A) of section 5126.22 of the Revised Code. | 64959 |
| (D) "Limited contract" means a contract of limited duration | 64960 |
| which is renewable at the discretion of the superintendent. | 64961 |
| (E) | 64962 |
| 64963 | |
| 64964 | |
| 64965 | |
| 64966 | |
| 64967 |
| | 64968 |
| authority to hire, transfer, suspend, lay off, recall, promote, | 64969 |
| discharge, assign, reward, or discipline other employees of the | 64970 |
| board; to responsibly direct them; to adjust their grievances; or | 64971 |
| to effectively recommend such action, if the exercise of that | 64972 |
| authority is not of a merely routine or clerical nature but | 64973 |
| requires the use of independent judgment. | 64974 |
| | 64975 |
| formulating policy on behalf of the board, responsibly directing | 64976 |
| the implementation of policy, assisting in the preparation for the | 64977 |
| conduct of collective negotiations, administering collectively | 64978 |
| negotiated agreements, or having a major role in personnel | 64979 |
| administration. | 64980 |
| | 64981 |
| investigations under section 5126.313 of the Revised Code. | 64982 |
| Sec. 5126.21. As used in this section, "management employee" | 64983 |
| does not include the superintendent of a county board of | 64984 |
| developmental disabilities. | 64985 |
| (A)(1) Each management employee of a county board of | 64986 |
| developmental disabilities shall hold a limited contract for a | 64987 |
| period of not less than one year and not more than five years, | 64988 |
| except that a management employee hired after the beginning of a | 64989 |
| program year may be employed under a limited contract expiring at | 64990 |
| the end of the program year. The board shall approve all contracts | 64991 |
| of employment for management employees that are for a term of more | 64992 |
| than one year. A management employee shall receive notice of the | 64993 |
| superintendent's intention not to rehire the employee at least | 64994 |
|
ninety days prior to the expiration of the contract. | 64995 |
| 64996 | |
| 64997 | |
| 64998 |
| (2) During the term of a contract a management employee's | 64999 |
| salary may be increased, but shall not be reduced unless the | 65000 |
| reduction is part of a uniform plan affecting all employees of the | 65001 |
| board. | 65002 |
| (B) All management employees may be removed, suspended, or | 65003 |
| demoted for cause pursuant to section 5126.23 of the Revised Code. | 65004 |
| (C) All management employees shall receive employee benefits | 65005 |
| 65006 | |
| 65007 | |
| 124.38 and 325.19 of the Revised Code do not apply to management | 65008 |
| employees. | 65009 |
| (D) The superintendent of a county board of developmental | 65010 |
| disabilities shall notify all management employees of the board of | 65011 |
| their salary no later than thirty days before the first day of the | 65012 |
| new contract year. | 65013 |
| (E) | 65014 |
| 65015 | |
| 65016 | |
| 65017 | |
| 65018 |
| | 65019 |
| 65020 | |
| 65021 | |
| 65022 |
| | 65023 |
| establish a lay-off policy to be followed if it determines a | 65024 |
| reduction in the number of management employees is necessary. | 65025 |
| Sec. 5126.22. (A) Employees who hold the following positions | 65026 |
| in a county board of developmental disabilities are management | 65027 |
| employees: | 65028 |
| assistant superintendent | 65029 |
| director of business | 65030 |
| director of personnel | 65031 |
| adult services director | 65032 |
| workshop director | 65033 |
| habilitation manager | 65034 |
| director of residential services | 65035 |
| principal (director of children services) | 65036 |
| program or service supervisor | 65037 |
| plant manager | 65038 |
| production manager | 65039 |
| service and support administration supervisor | 65040 |
| investigative agent | 65041 |
| confidential employees as defined in section 4117.01 of the | 65042 |
| Revised Code | 65043 |
| positions designated by the director of developmental | 65044 |
| disabilities as having managerial or supervisory responsibilities | 65045 |
| and duties | 65046 |
| positions designated by the county board in accordance with | 65047 |
| division (D) of this section. | 65048 |
| (B) Employees who hold the following positions in a board are | 65049 |
| professional employees: | 65050 |
| personnel licensed or certified pursuant to Chapter 3319. of | 65051 |
| the Revised Code | 65052 |
| early intervention specialist | 65053 |
| physical development specialist | 65054 |
| habilitation specialist | 65055 |
| work adjustment specialist | 65056 |
| placement specialist | 65057 |
| vocational evaluator | 65058 |
| psychologist | 65059 |
| occupational therapist | 65060 |
| speech and language pathologist | 65061 |
| recreation specialist | 65062 |
| behavior management specialist | 65063 |
| physical therapist | 65064 |
| supportive home services specialist | 65065 |
| licensed practical nurse or registered nurse | 65066 |
| rehabilitation counselor | 65067 |
| doctor of medicine and surgery or of osteopathic medicine and | 65068 |
| surgery | 65069 |
| dentist | 65070 |
| service and support administrator | 65071 |
| conditional status service and support administrator | 65072 |
| social worker | 65073 |
| any position that is not a management position and for which | 65074 |
| the standards for certification established by the director of | 65075 |
| developmental disabilities under section 5126.25 of the Revised | 65076 |
| Code require a bachelor's or higher degree | 65077 |
| professional positions designated by the director | 65078 |
| professional positions designated by the county board in | 65079 |
| accordance with division (D) of this section. | 65080 |
| (C) Employees who hold positions in a board that are neither | 65081 |
| management positions nor professional positions are service | 65082 |
| employees. Service employee positions include: | 65083 |
| workshop specialist | 65084 |
| workshop specialist assistant | 65085 |
| contract procurement specialist | 65086 |
| community employment specialist | 65087 |
| any assistant to a professional employee certified to | 65088 |
| provide, or supervise the provision of, adult services or service | 65089 |
| and support administration | 65090 |
| service positions designated by the director | 65091 |
| service positions designated by a county board in accordance | 65092 |
| with division (D) of this section. | 65093 |
| (D) A county board may designate a position only if the | 65094 |
| position does not include directly providing, or supervising | 65095 |
| employees who directly provide, service or instruction to | 65096 |
| individuals with mental retardation or developmental disabilities. | 65097 |
| (E) If a county board desires to have a position established | 65098 |
| that is not specifically listed in this section that includes | 65099 |
| directly providing, or supervising employees who directly provide, | 65100 |
| services or instruction to individuals with mental retardation or | 65101 |
| developmental disabilities, the board shall submit to the director | 65102 |
| a written description of the position and request that the | 65103 |
| director designate the position as a management, professional, or | 65104 |
| service position under this section. The director shall consider | 65105 |
| each request submitted under this division and respond within | 65106 |
| thirty days. If the director approves the request, the director | 65107 |
| shall designate the position as a management, professional, or | 65108 |
| service position. | 65109 |
| (F) A county board shall not terminate its employment of any | 65110 |
| management, professional, or service employee solely because a | 65111 |
| position is added to or eliminated from those positions listed in | 65112 |
| this section or because a position is designated or no longer | 65113 |
| designated by the director or a county board. | 65114 |
| Sec. 5126.25. (A) The director of developmental disabilities | 65115 |
|
shall adopt rules | 65116 |
| 65117 | |
| standards and procedures for the certification and registration of | 65118 |
|
persons | 65119 |
| 65120 | |
| 65121 | |
| 65122 | |
| 65123 | |
| 65124 | |
| 65125 | |
| 65126 | |
| 65127 | |
| 65128 | |
| 65129 | |
| 65130 | |
| 65131 | |
| 65132 | |
| 65133 |
| | 65134 |
| 65135 | |
| 65136 | |
| 65137 |
| | 65138 |
| 65139 | |
| 65140 | |
| 65141 | |
| 65142 | |
| 65143 | |
| 65144 | |
| 65145 | |
| 65146 | |
| 65147 | |
| 65148 | |
| 65149 | |
| 65150 | |
| the persons described in division (I) of this section, who are | 65151 |
| seeking employment with or are employed by either of the | 65152 |
| following: | 65153 |
| (1) A county board of developmental disabilities; | 65154 |
| (2) An entity that contracts with a county board to operate | 65155 |
| programs and services for individuals with mental retardation or | 65156 |
| developmental disabilities. | 65157 |
| (B) No person shall be employed in a position for which | 65158 |
| certification or registration is required pursuant to the rules | 65159 |
| adopted under this section without the certification or | 65160 |
| registration that is required for that position. The person shall | 65161 |
| not be employed or shall not continue to be employed if the | 65162 |
| required certification or registration is denied, revoked, or not | 65163 |
| renewed. | 65164 |
| | 65165 |
|
Chapter 119. of the Revised Code | 65166 |
| 65167 | |
| 65168 | |
| 65169 | |
| 65170 | |
| 65171 | |
| 65172 | |
| 65173 | |
| 65174 | |
| 65175 | |
| 65176 | |
| 65177 | |
| implement and administer this section, including rules | 65178 |
| establishing all of the following: | 65179 |
| (1) Positions of employment that are subject to this section | 65180 |
| and, for each position, whether a person must receive | 65181 |
| certification or receive registration to be employed in that | 65182 |
| position; | 65183 |
| (2) Requirements that must be met to receive the | 65184 |
| certification or registration required to be employed in a | 65185 |
| particular position, including standards regarding education, | 65186 |
| specialized training, and experience, taking into account the | 65187 |
| needs of individuals with mental retardation or developmental | 65188 |
| disabilities and the specialized techniques needed to serve them, | 65189 |
| except that the rules shall not require a person designated as a | 65190 |
| service employee under section 5126.22 of the Revised Code to have | 65191 |
| or obtain a bachelor's or higher degree; | 65192 |
| (3) Procedures to be followed in applying for initial | 65193 |
| certification or registration and for renewing the certification | 65194 |
| or registration. | 65195 |
| (4) Requirements that must be met for renewal of | 65196 |
| certification or registration, which may include continuing | 65197 |
| education and professional training requirements; | 65198 |
| (5) Subject to section 5126.23 of the Revised Code, grounds | 65199 |
| for which certification or registration may be denied, suspended, | 65200 |
| or revoked and procedures for appealing the denial, suspension, or | 65201 |
| revocation. | 65202 |
| | 65203 |
| 65204 | |
|
employment | 65205 |
| 65206 | |
| 65207 | |
| 65208 | |
| rules adopted under this section. | 65209 |
| | 65210 |
| 65211 | |
| 65212 | |
| 65213 | |
| 65214 | |
| 65215 | |
| 65216 |
| | 65217 |
| 65218 | |
| 65219 | |
| 65220 | |
| 65221 | |
| 65222 | |
| 65223 | |
| 65224 | |
| 65225 | |
| 65226 | |
| 65227 | |
| 65228 | |
| 65229 | |
| 65230 | |
| 65231 | |
| 65232 | |
| 65233 | |
| 65234 | |
| 65235 | |
| 65236 | |
| 65237 | |
| 65238 | |
| 65239 | |
| 65240 |
| (E) | 65241 |
| for taking all actions regarding certification and registration of | 65242 |
| employees, other than the position of superintendent. For the | 65243 |
| position of superintendent, the director of developmental | 65244 |
| disabilities is responsible for taking all such actions. | 65245 |
| Actions that may be taken under this division include | 65246 |
| issuing, renewing, denying, suspending, and revoking certification | 65247 |
| and registration. All actions shall be taken in accordance with | 65248 |
| the rules adopted under this section. | 65249 |
| A person subject to the denial, suspension, or revocation of | 65250 |
| certification or registration may appeal the decision. The appeal | 65251 |
| shall be made in accordance with the rules adopted under this | 65252 |
| section. | 65253 |
| (F) A person | 65254 |
| or registration under this section on the effective date of any | 65255 |
| rules adopted under this section that increase the standards | 65256 |
|
applicable to the certification | 65257 |
| have such period as the rules prescribe, but not less than one | 65258 |
| year after the effective date of the rules, to meet the new | 65259 |
| certification or registration standards. | 65260 |
| | 65261 |
| 65262 | |
| 65263 | |
| 65264 | |
| 65265 |
| | 65266 |
| 65267 | |
| 65268 | |
| 65269 | |
| 65270 | |
| 65271 | |
| 65272 | |
| 65273 | |
| 65274 | |
| 65275 | |
| 65276 | |
| 65277 | |
| 65278 | |
| 65279 |
| | 65280 |
|
certification or | 65281 |
| 65282 | |
|
that | 65283 |
| county board or entity contracting with a county board. | 65284 |
| | 65285 |
|
that their employees | 65286 |
| 65287 | |
| their contracting entities have the applicable certification or | 65288 |
| registration required under this section and that the employees | 65289 |
| are performing only those functions they are authorized to perform | 65290 |
|
under | 65291 |
|
registration | 65292 |
| | 65293 |
| 65294 | |
| 65295 | |
| 65296 | |
| 65297 | |
| superintendent of each county board or the superintendent's | 65298 |
| designee shall maintain in appropriate personnel files evidence | 65299 |
| acceptable to the director that the employees have met the | 65300 |
|
requirements | 65301 |
| department of developmental disabilities shall be given access to | 65302 |
|
the evidence | 65303 |
| (I) | 65304 |
| 65305 | |
| 65306 |
| | 65307 |
| 65308 | |
| 65309 | |
| 65310 | |
| 65311 | |
| certification and registration requirements of this section and | 65312 |
| the rules adopted under it do not apply to either of the | 65313 |
| following: | 65314 |
| (1) A person who holds a valid license issued or certificate | 65315 |
| issued under Chapter 3319. of the Revised Code and performs no | 65316 |
| duties other than teaching or supervision of a teaching program; | 65317 |
| (2) A person who holds a valid license or certificate issued | 65318 |
| under Title XLVII of the Revised Code and performs only those | 65319 |
| duties governed by the license or certificate. | 65320 |
| Sec. 5126.251. On receipt of a notice pursuant to section | 65321 |
| 3123.43 of the Revised Code, the director of developmental | 65322 |
| disabilities or the superintendent of a county board of | 65323 |
| developmental disabilities shall comply with sections 3123.41 to | 65324 |
| 3123.50 of the Revised Code and any applicable rules adopted under | 65325 |
|
section 3123.63 of the Revised Code with respect to | 65326 |
| a person's certification or | 65327 |
| 65328 | |
| Code. | 65329 |
| Sec. 5126.51. As used in sections 5126.51 to 5126.62 of the | 65330 |
| Revised Code: | 65331 |
| (A) "Develop" or "development," in contexts not referring to | 65332 |
| developmental disabilities, means construction or rehabilitation. | 65333 |
| (B) "Eligible lending institution" means a financial | 65334 |
| institution that meets all of the following requirements: | 65335 |
| (1) Is eligible to make commercial loans; | 65336 |
| (2) Has an office located within the territorial limits of | 65337 |
| the county; | 65338 |
| (3) Is an institution into which the county's investing | 65339 |
| authority may deposit the public moneys of the county; | 65340 |
| (4) Holds itself out as participating in the residential | 65341 |
| facility linked deposit program. | 65342 |
| (C) "Eligible organization" means | 65343 |
| | 65344 |
|
activity the development or operation of a residential facility | 65345 |
| | 65346 |
| 65347 |
| (D) "Investing authority" has the same meaning as in section | 65348 |
| 135.31 of the Revised Code. | 65349 |
| (E) "Residential facility" has the same meaning as in section | 65350 |
|
5123.19 of the Revised Code | 65351 |
| 65352 | |
| 65353 | |
| 65354 |
| (F) "Residential facility linked deposit program" means the | 65355 |
| linked deposit program provided for in sections 5126.51 to 5126.62 | 65356 |
| of the Revised Code. A "residential facility linked deposit" is a | 65357 |
| deposit of public moneys of the county under, and for the purposes | 65358 |
| of, the residential facility linked deposit program. A | 65359 |
| "residential facility linked deposit loan" is a loan under, and | 65360 |
| for the purposes of, the residential facility linked deposit | 65361 |
| program. | 65362 |
| Sec. 5139.41. The appropriation made to the department of | 65363 |
| youth services for care and custody of felony delinquents shall be | 65364 |
| expended in accordance with the following procedure that the | 65365 |
| department shall use for each year of a biennium. The procedure | 65366 |
| shall be consistent with sections 5139.41 to 5139.43 of the | 65367 |
| Revised Code and shall be developed in accordance with the | 65368 |
| following guidelines: | 65369 |
| (A) The line item appropriation for the care and custody of | 65370 |
| felony delinquents shall provide funding for operational costs for | 65371 |
| the following: | 65372 |
| (1) Institutions and the diagnosis, care, or treatment of | 65373 |
| felony delinquents at facilities pursuant to contracts entered | 65374 |
| into under section 5139.08 of the Revised Code; | 65375 |
| (2) Community corrections facilities constructed, | 65376 |
| reconstructed, improved, or financed as described in section | 65377 |
| 5139.36 of the Revised Code for the purpose of providing | 65378 |
| alternative placement and services for felony delinquents who have | 65379 |
| been diverted from care and custody in institutions; | 65380 |
| (3) County juvenile courts that administer programs and | 65381 |
| services for prevention, early intervention, diversion, treatment, | 65382 |
| and rehabilitation services and programs that are provided for | 65383 |
| alleged or adjudicated unruly or delinquent children or for | 65384 |
| children who are at risk of becoming unruly or delinquent | 65385 |
| children; | 65386 |
| (4) Administrative expenses the department incurs in | 65387 |
| connection with the felony delinquent care and custody programs | 65388 |
| described in section 5139.43 of the Revised Code. | 65389 |
| (B) From the appropriated line item for the care and custody | 65390 |
| of felony delinquents, the department, with the advice of the | 65391 |
| RECLAIM advisory committee established under section 5139.44 of | 65392 |
| the Revised Code, shall allocate annual operational funds for | 65393 |
| county juvenile programs, institutional care and custody, | 65394 |
| community corrections facilities care and custody, and | 65395 |
| administrative expenses incurred by the department associated with | 65396 |
| felony delinquent care and custody programs. The department, with | 65397 |
| the advice of the RECLAIM advisory committee, shall adjust these | 65398 |
| allocations, when modifications to this line item are made by | 65399 |
| legislative or executive action. | 65400 |
| (C) The department shall divide county juvenile program | 65401 |
| allocations among county juvenile courts that administer programs | 65402 |
| and services for prevention, early intervention, diversion, | 65403 |
| treatment, and rehabilitation that are provided for alleged or | 65404 |
| adjudicated unruly or delinquent children or for children who are | 65405 |
| at risk of becoming unruly or delinquent children. The department | 65406 |
| shall base funding on the county's previous year's ratio of the | 65407 |
| department's institutional and community correctional facilities | 65408 |
|
commitments to that county's | 65409 |
| adjudications, as specified in the following formula: | 65410 |
| (1) The department shall give to each county a proportional | 65411 |
| allocation of commitment credits. The proportional allocation of | 65412 |
| commitment credits shall be calculated by the following | 65413 |
| procedures: | 65414 |
| (a) The department shall determine for each county and for | 65415 |
|
the state | 65416 |
| Beginning July 1, 2012, the average shall include felony | 65417 |
| adjudications for fiscal year 2007 and for each subsequent fiscal | 65418 |
| year through fiscal year 2016. Beginning July 1, 2017, the most | 65419 |
| recent felony adjudication data shall be included and the oldest | 65420 |
| fiscal year data shall be removed so that a ten-year average of | 65421 |
| felony adjudication data will be maintained. | 65422 |
| (b) The department shall determine for each county and for | 65423 |
| the state the number of charged bed days, for both the department | 65424 |
| and community correctional facilities, from the previous year. | 65425 |
| (c) The department shall divide the statewide total number of | 65426 |
| charged bed days by the statewide total number of felony | 65427 |
| adjudications, which quotient shall then be multiplied by a factor | 65428 |
| determined by the department. | 65429 |
| (d) The department shall calculate the county's allocation of | 65430 |
| credits by multiplying the number of adjudications for each court | 65431 |
| by the result determined pursuant to division (C)(1)(c) of this | 65432 |
| section. | 65433 |
| (2) The department shall subtract from the allocation | 65434 |
| determined pursuant to division (C)(1) of this section a credit | 65435 |
| for every chargeable bed day a youth stays in a department | 65436 |
| institution and two-thirds of credit for every chargeable bed day | 65437 |
| a youth stays in a community correctional facility, except for | 65438 |
| public safety beds. At the end of the year, the department shall | 65439 |
| divide the amount of remaining credits of that county's allocation | 65440 |
| by the total number of remaining credits to all counties, to | 65441 |
| determine the county's percentage, which shall then be applied to | 65442 |
| the total county allocation to determine the county's payment for | 65443 |
| the fiscal year. | 65444 |
| (3) The department shall pay counties three times during the | 65445 |
| fiscal year to allow for credit reporting and audit adjustments, | 65446 |
| and modifications to the appropriated line item for the care and | 65447 |
| custody of felony delinquents, as described in this section. The | 65448 |
| department shall pay fifty per cent of the payment by the | 65449 |
| fifteenth of July of each fiscal year, twenty-five per cent by the | 65450 |
| fifteenth of January of that fiscal year, and twenty-five per cent | 65451 |
| of the payment by the fifteenth of June of that fiscal year. | 65452 |
| | 65453 |
| 65454 |
| | 65455 |
| 65456 | |
| 65457 |
| | 65458 |
| 65459 | |
| 65460 | |
| 65461 |
| | 65462 |
| 65463 |
| Sec. 5139.43. (A) The department of youth services shall | 65464 |
| operate a felony delinquent care and custody program that shall be | 65465 |
| operated in accordance with the formula developed pursuant to | 65466 |
| section 5139.41 of the Revised Code, subject to the conditions | 65467 |
| specified in this section. | 65468 |
| (B)(1) Each juvenile court shall use the moneys disbursed to | 65469 |
| it by the department of youth services pursuant to division (B) of | 65470 |
| section 5139.41 of the Revised Code in accordance with the | 65471 |
| applicable provisions of division (B)(2) of this section and shall | 65472 |
| transmit the moneys to the county treasurer for deposit in | 65473 |
| accordance with this division. The county treasurer shall create | 65474 |
| in the county treasury a fund that shall be known as the felony | 65475 |
| delinquent care and custody fund and shall deposit in that fund | 65476 |
| the moneys disbursed to the juvenile court pursuant to division | 65477 |
| (B) of section 5139.41 of the Revised Code. The county treasurer | 65478 |
| also shall deposit into that fund the state subsidy funds granted | 65479 |
| to the county pursuant to section 5139.34 of the Revised Code. The | 65480 |
| moneys disbursed to the juvenile court pursuant to division (B) of | 65481 |
| section 5139.41 of the Revised Code and deposited pursuant to this | 65482 |
| division in the felony delinquent care and custody fund shall not | 65483 |
| be commingled with any other county funds except state subsidy | 65484 |
| funds granted to the county pursuant to section 5139.34 of the | 65485 |
| Revised Code; shall not be used for any capital construction | 65486 |
| projects; upon an order of the juvenile court and subject to | 65487 |
| appropriation by the board of county commissioners, shall be | 65488 |
| disbursed to the juvenile court for use in accordance with the | 65489 |
| applicable provisions of division (B)(2) of this section; shall | 65490 |
| not revert to the county general fund at the end of any fiscal | 65491 |
| year; and shall carry over in the felony delinquent care and | 65492 |
| custody fund from the end of any fiscal year to the next fiscal | 65493 |
| year. The maximum balance carry-over at the end of each respective | 65494 |
| fiscal year in the felony delinquent care and custody fund in any | 65495 |
| county from funds allocated to the county pursuant to sections | 65496 |
| 5139.34 and 5139.41 of the Revised Code in the previous fiscal | 65497 |
| year shall not exceed an amount to be calculated as provided in | 65498 |
| the formula set forth in this division, unless that county has | 65499 |
| applied for and been granted an exemption by the director of youth | 65500 |
| services. Beginning June 30, 2008, the maximum balance carry-over | 65501 |
| at the end of each respective fiscal year shall be determined by | 65502 |
| the following formula: for fiscal year 2008, the maximum balance | 65503 |
| carry-over shall be one hundred per cent of the allocation for | 65504 |
| fiscal year 2007, to be applied in determining the fiscal year | 65505 |
| 2009 allocation; for fiscal year 2009, it shall be fifty per cent | 65506 |
| of the allocation for fiscal year 2008, to be applied in | 65507 |
| determining the fiscal year 2010 allocation; for fiscal year 2010, | 65508 |
| it shall be twenty-five per cent of the allocation for fiscal year | 65509 |
| 2009, to be applied in determining the fiscal year 2011 | 65510 |
| allocation; and for each fiscal year subsequent to fiscal year | 65511 |
| 2010, it shall be twenty-five per cent of the allocation for the | 65512 |
| immediately preceding fiscal year, to be applied in determining | 65513 |
| the allocation for the next immediate fiscal year. The department | 65514 |
| shall withhold from future payments to a county an amount equal to | 65515 |
| any moneys in the felony delinquent care and custody fund of the | 65516 |
| county that exceed the total maximum balance carry-over that | 65517 |
| applies for that county for the fiscal year in which the payments | 65518 |
| are being made and shall reallocate the withheld amount. The | 65519 |
| department shall adopt rules for the withholding and reallocation | 65520 |
| of moneys disbursed under sections 5139.34 and 5139.41 of the | 65521 |
| Revised Code and for the criteria and process for a county to | 65522 |
| obtain an exemption from the withholding requirement. The moneys | 65523 |
| disbursed to the juvenile court pursuant to division (B) of | 65524 |
| section 5139.41 of the Revised Code and deposited pursuant to this | 65525 |
| division in the felony delinquent care and custody fund shall be | 65526 |
| in addition to, and shall not be used to reduce, any usual annual | 65527 |
| increase in county funding that the juvenile court is eligible to | 65528 |
| receive or the current level of county funding of the juvenile | 65529 |
| court and of any programs or services for delinquent children, | 65530 |
| unruly children, or juvenile traffic offenders. | 65531 |
| (2)(a) A county and the juvenile court that serves the county | 65532 |
| shall use the moneys in its felony delinquent care and custody | 65533 |
| fund in accordance with rules that the department of youth | 65534 |
| services adopts pursuant to division (D) of section 5139.04 of the | 65535 |
| Revised Code and as follows: | 65536 |
| (i) The moneys in the fund that represent state subsidy funds | 65537 |
| granted to the county pursuant to section 5139.34 of the Revised | 65538 |
| Code shall be used to aid in the support of prevention, early | 65539 |
| intervention, diversion, treatment, and rehabilitation programs | 65540 |
| that are provided for alleged or adjudicated unruly children or | 65541 |
| delinquent children or for children who are at risk of becoming | 65542 |
| unruly children or delinquent children. The county shall not use | 65543 |
| for capital improvements more than fifteen per cent of the moneys | 65544 |
| in the fund that represent the applicable annual grant of those | 65545 |
| state subsidy funds. | 65546 |
| (ii) The moneys in the fund that were disbursed to the | 65547 |
| juvenile court pursuant to division (B) of section 5139.41 of the | 65548 |
| Revised Code and deposited pursuant to division (B)(1) of this | 65549 |
| section in the fund shall be used to provide programs and services | 65550 |
| for the training, treatment, or rehabilitation of felony | 65551 |
| delinquents that are alternatives to their commitment to the | 65552 |
| department, including, but not limited to, community residential | 65553 |
| programs, day treatment centers, services within the home, and | 65554 |
| electronic monitoring, and shall be used in connection with | 65555 |
| training, treatment, rehabilitation, early intervention, or other | 65556 |
| programs or services for any delinquent child, unruly child, or | 65557 |
| juvenile traffic offender who is under the jurisdiction of the | 65558 |
| juvenile court. | 65559 |
| The fund also may be used for prevention, early intervention, | 65560 |
| diversion, treatment, and rehabilitation programs that are | 65561 |
| provided for alleged or adjudicated unruly children, delinquent | 65562 |
| children, or juvenile traffic offenders or for children who are at | 65563 |
| risk of becoming unruly children, delinquent children, or juvenile | 65564 |
| traffic offenders. Consistent with division (B)(1) of this | 65565 |
| section, a county and the juvenile court of a county shall not use | 65566 |
| any of those moneys for capital construction projects. | 65567 |
| (iii) Moneys in the fund shall not be used to support | 65568 |
| programs or services that do not comply with federal juvenile | 65569 |
| justice and delinquency prevention core requirements or to support | 65570 |
| programs or services that research has shown to be ineffective. | 65571 |
| 65572 | |
| Research-supported, outcome-based programs and services, to the | 65573 |
| extent they are available, shall be encouraged. | 65574 |
| (iv) The county and the juvenile court that serves the county | 65575 |
| may use moneys in the fund to provide out-of-home placement of | 65576 |
| children only in detention centers, community rehabilitation | 65577 |
| centers, or community corrections facilities approved by the | 65578 |
| department pursuant to standards adopted by the department, | 65579 |
| licensed by an authorized state agency, or accredited by the | 65580 |
| American correctional association or another national organization | 65581 |
| recognized by the department. | 65582 |
| (b) Each juvenile court shall comply with division (B)(3)(d) | 65583 |
| of this section as implemented by the department. If a juvenile | 65584 |
| court fails to comply with division (B)(3)(d) of this section, the | 65585 |
| department shall not be required to make any disbursements in | 65586 |
|
accordance with division (C) | 65587 |
| (C)(2) of section 5139.34 of the Revised Code. | 65588 |
| (3) In accordance with rules adopted by the department | 65589 |
| pursuant to division (D) of section 5139.04 of the Revised Code, | 65590 |
| each juvenile court and the county served by that juvenile court | 65591 |
| shall do all of the following that apply: | 65592 |
| (a) The juvenile court shall prepare an annual grant | 65593 |
| agreement and application for funding that satisfies the | 65594 |
| requirements of this section and section 5139.34 of the Revised | 65595 |
| Code and that pertains to the use, upon an order of the juvenile | 65596 |
| court and subject to appropriation by the board of county | 65597 |
| commissioners, of the moneys in its felony delinquent care and | 65598 |
| custody fund for specified programs, care, and services as | 65599 |
| described in division (B)(2)(a) of this section, shall submit that | 65600 |
| agreement and application to the county family and children first | 65601 |
| council, the regional family and children first council, or the | 65602 |
| local intersystem services to children cluster as described in | 65603 |
| sections 121.37 and 121.38 of the Revised Code, whichever is | 65604 |
| applicable, and shall file that agreement and application with the | 65605 |
| department for its approval. The annual grant agreement and | 65606 |
| application for funding shall include a method of ensuring equal | 65607 |
| access for minority youth to the programs, care, and services | 65608 |
| specified in it. | 65609 |
| The department may approve an annual grant agreement and | 65610 |
| application for funding only if the juvenile court involved has | 65611 |
| complied with the preparation, submission, and filing requirements | 65612 |
| described in division (B)(3)(a) of this section. If the juvenile | 65613 |
| court complies with those requirements and the department approves | 65614 |
| that agreement and application, the juvenile court and the county | 65615 |
| served by the juvenile court may expend the state subsidy funds | 65616 |
| granted to the county pursuant to section 5139.34 of the Revised | 65617 |
| Code only in accordance with division (B)(2)(a) of this section, | 65618 |
| the rules pertaining to state subsidy funds that the department | 65619 |
| adopts pursuant to division (D) of section 5139.04 of the Revised | 65620 |
| Code, and the approved agreement and application. | 65621 |
| (b) By the thirty-first day of August of each year, the | 65622 |
| juvenile court shall file with the department a report that | 65623 |
| contains all of the statistical and other information for each | 65624 |
| month of the prior state fiscal year. If the juvenile court fails | 65625 |
| to file the report required by division (B)(3)(b) of this section | 65626 |
| by the thirty-first day of August of any year, the department | 65627 |
| shall not disburse any payment of state subsidy funds to which the | 65628 |
| county otherwise is entitled pursuant to section 5139.34 of the | 65629 |
| Revised Code and shall not disburse pursuant to division (B) of | 65630 |
| section 5139.41 of the Revised Code the applicable allocation | 65631 |
| until the juvenile court fully complies with division (B)(3)(b) of | 65632 |
| this section. | 65633 |
| (c) If the department requires the juvenile court to prepare | 65634 |
| monthly statistical reports and to submit the reports on forms | 65635 |
| provided by the department, the juvenile court shall file those | 65636 |
| reports with the department on the forms so provided. If the | 65637 |
| juvenile court fails to prepare and submit those monthly | 65638 |
| statistical reports within the department's timelines, the | 65639 |
| department shall not disburse any payment of state subsidy funds | 65640 |
| to which the county otherwise is entitled pursuant to section | 65641 |
| 5139.34 of the Revised Code and shall not disburse pursuant to | 65642 |
| division (B) of section 5139.41 of the Revised Code the applicable | 65643 |
| allocation until the juvenile court fully complies with division | 65644 |
| (B)(3)(c) of this section. If the juvenile court fails to prepare | 65645 |
| and submit those monthly statistical reports within one hundred | 65646 |
| eighty days of the date the department establishes for their | 65647 |
| submission, the department shall not disburse any payment of state | 65648 |
| subsidy funds to which the county otherwise is entitled pursuant | 65649 |
| to section 5139.34 of the Revised Code and shall not disburse | 65650 |
| pursuant to division (B) of section 5139.41 of the Revised Code | 65651 |
| the applicable allocation, and the state subsidy funds and the | 65652 |
| remainder of the applicable allocation shall revert to the | 65653 |
| department. If a juvenile court states in a monthly statistical | 65654 |
| report that the juvenile court adjudicated within a state fiscal | 65655 |
| year five hundred or more children to be delinquent children for | 65656 |
| committing acts that would be felonies if committed by adults and | 65657 |
| if the department determines that the data in the report may be | 65658 |
| inaccurate, the juvenile court shall have an independent auditor | 65659 |
| or other qualified entity certify the accuracy of the data on a | 65660 |
| date determined by the department. | 65661 |
| (d) If the department requires the juvenile court and the | 65662 |
| county to participate in a fiscal monitoring program or another | 65663 |
| monitoring program that is conducted by the department to ensure | 65664 |
| compliance by the juvenile court and the county with division (B) | 65665 |
| of this section, the juvenile court and the county shall | 65666 |
| participate in the program and fully comply with any guidelines | 65667 |
| for the performance of audits adopted by the department pursuant | 65668 |
| to that program and all requests made by the department pursuant | 65669 |
| to that program for information necessary to reconcile fiscal | 65670 |
| accounting. If an audit that is performed pursuant to a fiscal | 65671 |
| monitoring program or another monitoring program described in this | 65672 |
| division determines that the juvenile court or the county used | 65673 |
| moneys in the county's felony delinquent care and custody fund for | 65674 |
| expenses that are not authorized under division (B) of this | 65675 |
| section, within forty-five days after the department notifies the | 65676 |
| county of the unauthorized expenditures, the county either shall | 65677 |
| repay the amount of the unauthorized expenditures from the county | 65678 |
| general revenue fund to the state's general revenue fund or shall | 65679 |
| file a written appeal with the department. If an appeal is timely | 65680 |
| filed, the director of the department shall render a decision on | 65681 |
| the appeal and shall notify the appellant county or its juvenile | 65682 |
| court of that decision within forty-five days after the date that | 65683 |
| the appeal is filed. If the director denies an appeal, the | 65684 |
| county's fiscal agent shall repay the amount of the unauthorized | 65685 |
| expenditures from the county general revenue fund to the state's | 65686 |
| general revenue fund within thirty days after receiving the | 65687 |
| director's notification of the appeal decision. | 65688 |
| (C) The determination of which county a reduction of the care | 65689 |
| and custody allocation will be charged against for a particular | 65690 |
| youth shall be made as outlined below for all youths who do not | 65691 |
| qualify as public safety beds. The determination of which county a | 65692 |
| reduction of the care and custody allocation will be charged | 65693 |
| against shall be made as follows until each youth is released: | 65694 |
| (1) In the event of a commitment, the reduction shall be | 65695 |
| charged against the committing county. | 65696 |
| (2) In the event of a recommitment, the reduction shall be | 65697 |
| charged against the original committing county until the | 65698 |
| expiration of the minimum period of institutionalization under the | 65699 |
| original order of commitment or until the date on which the youth | 65700 |
| is admitted to the department of youth services pursuant to the | 65701 |
| order of recommitment, whichever is later. Reductions of the | 65702 |
| allocation shall be charged against the county that recommitted | 65703 |
| the youth after the minimum expiration date of the original | 65704 |
| commitment. | 65705 |
| (3) In the event of a revocation of a release on parole, the | 65706 |
| reduction shall be charged against the county that revokes the | 65707 |
| youth's parole. | 65708 |
| (D) A juvenile court is not precluded by its allocation | 65709 |
| amount for the care and custody of felony delinquents from | 65710 |
| committing a felony delinquent to the department of youth services | 65711 |
| for care and custody in an institution or a community corrections | 65712 |
| facility when the juvenile court determines that the commitment is | 65713 |
| appropriate. | 65714 |
| Sec. 5139.511. Before a youth is released from a secure | 65715 |
| facility under the control of the department of youth services, | 65716 |
| the department of youth services shall attempt to verify the | 65717 |
| youth's identification and social security number. If the | 65718 |
| department is able to verify the youth's identity with a verified | 65719 |
| birth certificate and social security number, the department shall | 65720 |
| issue an identification card that the youth may present to the | 65721 |
| registrar or deputy registrar of motor vehicles. If the department | 65722 |
| is not able to verify the youth's identity with both a verified | 65723 |
| birth certificate and social security number, the youth shall not | 65724 |
| receive an identification card under this section. | 65725 |
| Sec. 5149.311. (A) The department of rehabilitation and | 65726 |
| correction shall establish and administer the probation | 65727 |
|
improvement grant and the probation incentive grant for | 65728 |
| 65729 | |
| sentenced by courts of common pleas or municipal courts. | 65730 |
| (B)(1) The probation improvement grant shall provide funding | 65731 |
|
to court | 65732 |
| and practices based on the latest research on how to reduce the | 65733 |
|
number of | 65734 |
| the conditions of their supervision. | 65735 |
| (2) The department shall adopt rules for the distribution of | 65736 |
| the probation improvement grant, including the formula for the | 65737 |
|
allocation of the subsidy based on the number of | 65738 |
| placed on probation annually in each jurisdiction. | 65739 |
| (C)(1) The probation incentive grant shall provide a | 65740 |
|
performance-based level of funding to court | 65741 |
| probation departments that are successful in reducing the number | 65742 |
| of felony offenders on probation supervision whose terms of | 65743 |
| supervision are revoked. | 65744 |
| (2) The department shall calculate annually any cost savings | 65745 |
| realized by the state from a reduction in the percentage of people | 65746 |
| who are incarcerated because their terms of supervised probation | 65747 |
| were revoked. The cost savings estimate shall be calculated for | 65748 |
|
each | 65749 |
| eligible for a grant under this section and be based on the | 65750 |
| difference from fiscal year 2010 and the fiscal year under | 65751 |
| examination. | 65752 |
| (3) The department shall adopt rules that specify the subsidy | 65753 |
|
amount to be appropriated to court | 65754 |
| departments that successfully reduce the percentage of people on | 65755 |
| probation who are incarcerated because their terms of supervision | 65756 |
| are revoked. | 65757 |
| (D) The following stipulations apply to both the probation | 65758 |
| improvement grant and the probation incentive grant: | 65759 |
| (1) In order to be eligible for the probation improvement | 65760 |
| grant and the probation incentive grant, courts of common pleas | 65761 |
| must satisfy all requirements under sections 2301.27 and 2301.30 | 65762 |
|
of the Revised Code | 65763 |
| made by a court when use of the risk assessment tool is | 65764 |
| discretionary, in order to be eligible for the probation | 65765 |
| improvement grant and the probation incentive grant, a court must | 65766 |
| utilize the single validated risk assessment tool selected by the | 65767 |
| department of rehabilitation and correction under section 5120.114 | 65768 |
| of the Revised Code. | 65769 |
| (2) The department may deny a subsidy under this section to | 65770 |
| any applicant if the applicant fails to comply with the terms of | 65771 |
| any agreement entered into pursuant to any of the provisions of | 65772 |
| this section. | 65773 |
| (3) The department shall evaluate or provide for the | 65774 |
|
evaluation of the policies, practices, and programs the court | 65775 |
| 65776 | |
| subsidies established under this section and establish means of | 65777 |
| measuring their effectiveness. | 65778 |
| (4) The department shall specify the policies, practices, and | 65779 |
|
programs for which court | 65780 |
| use the program subsidy and shall establish minimum standards of | 65781 |
| quality and efficiency that recipients of the subsidy must follow. | 65782 |
| The department shall give priority to supporting evidence-based | 65783 |
| policies and practices, as defined by the department. | 65784 |
| Sec. 5501.03. (A) The department of transportation shall: | 65785 |
| (1) Exercise and perform such other duties, powers, and | 65786 |
| functions as are conferred by law on the director, the department, | 65787 |
| the assistant directors, the deputy directors, or on the divisions | 65788 |
| of the department; | 65789 |
| (2) Coordinate and develop, in cooperation with local, | 65790 |
| regional, state, and federal planning agencies and authorities, | 65791 |
| comprehensive and balanced state policy and planning to meet | 65792 |
| present and future needs for adequate transportation facilities in | 65793 |
| this state, including recommendations for adequate funding of the | 65794 |
| implementation of such planning; | 65795 |
| (3) Coordinate its activities with those of other appropriate | 65796 |
| state departments, public agencies, and authorities, and enter | 65797 |
| into any contracts with such departments, agencies, and | 65798 |
| authorities as may be necessary to carry out its duties, powers, | 65799 |
| and functions; | 65800 |
| (4) Cooperate with and assist the public utilities commission | 65801 |
| in the commission's administration of sections 4907.47 to 4907.476 | 65802 |
| of the Revised Code, particularly with respect to the federal | 65803 |
| highway administration; | 65804 |
| (5) Cooperate with and assist the Ohio power siting board in | 65805 |
| the board's administration of Chapter 4906. of the Revised Code; | 65806 |
| (6) Give particular consideration to the development of | 65807 |
| policy and planning for public transportation facilities, and to | 65808 |
| the coordination of associated activities relating thereto, as | 65809 |
| prescribed under divisions (A)(2) and (3) of this section; | 65810 |
| (7) Conduct, in cooperation with the Ohio legislative service | 65811 |
| commission, any studies or comparisons of state traffic laws and | 65812 |
| local traffic ordinances with model laws and ordinances that may | 65813 |
| be required to meet program standards adopted by the United States | 65814 |
| department of transportation pursuant to the "Highway Safety Act | 65815 |
| of 1966," 80 Stat. 731, U.S.C.A. 401; | 65816 |
| (8) Prepare, print, distribute, and advertise books, maps, | 65817 |
| pamphlets, and other information that, in the judgment of the | 65818 |
| director, will inform the public and other governmental | 65819 |
| departments, agencies, and authorities as to the duties, powers, | 65820 |
| and functions of the department; | 65821 |
| (9) In its research and development program, consider | 65822 |
| technologies for improving roadways, including construction | 65823 |
| techniques and materials to prolong project life, being used or | 65824 |
| developed by other states that have geographic, geologic, or | 65825 |
| climatic features similar to this state's, and collaborate with | 65826 |
| those states in that development. | 65827 |
| (B) Nothing contained in division (A)(1) of this section | 65828 |
| shall be held to in any manner affect, limit, restrict, or | 65829 |
| otherwise interfere with the exercise of powers relating to | 65830 |
| transportation facilities by appropriate agencies of the federal | 65831 |
| government, or by counties, municipal corporations, or other | 65832 |
| political subdivisions or special districts in this state | 65833 |
| authorized by law to exercise such powers. | 65834 |
| (C) The department may use all appropriate sources of revenue | 65835 |
| to assist in the development and implementation of rail service as | 65836 |
| defined by division (C) of section 4981.01 of the Revised Code. | 65837 |
| (D) The director of transportation may enter into contracts | 65838 |
| with public agencies including political subdivisions, other state | 65839 |
| agencies, boards, commissions, regional transit authorities, | 65840 |
| county transit boards, and port authorities, to administer the | 65841 |
| design, qualification of bidders, competitive bid letting, | 65842 |
| construction inspection, and acceptance of any projects | 65843 |
| administered by the department, provided the administration of | 65844 |
| such projects is performed in accordance with all applicable state | 65845 |
| and federal laws and regulations with oversight by the department. | 65846 |
| (E) The director may enter into cooperative or contractual | 65847 |
| agreements with any individual, organization, or business related | 65848 |
| to the creation or promotion of a traveler information program. | 65849 |
| The traveler information program shall provide real-time traffic | 65850 |
| conditions and travel time information to travelers by telephone, | 65851 |
| text message, internet, or other similar means at no cost to the | 65852 |
| traveler. The director may contract with a program manager for the | 65853 |
| traveler information program. The program manager shall be | 65854 |
| responsible for all costs associated with the development and | 65855 |
| operation of the traveler information program. The compensation | 65856 |
| due to a program manager or vendor under any of these agreements | 65857 |
| may include deferred compensation in an amount determined by the | 65858 |
| director. Excess revenue shall be remitted to the department for | 65859 |
| deposit into the highway operating fund. | 65860 |
| (F) Any materials or data submitted to, made available to, or | 65861 |
| received by the director of transportation, to the extent that the | 65862 |
| materials or data consist of trade secrets, as defined in section | 65863 |
| 1333.61 of the Revised Code, or commercial or financial | 65864 |
| information, are confidential and are not public records for the | 65865 |
| purposes of section 149.43 of the Revised Code. | 65866 |
| Sec. 5501.04. | 65867 |
| 65868 |
| | 65869 |
| | 65870 |
| | 65871 |
| | 65872 |
| | 65873 |
| | 65874 |
| | 65875 |
| | 65876 |
| | 65877 |
| director of transportation shall distribute the duties, powers, | 65878 |
| and functions of the department among the divisions of the | 65879 |
| department. | 65880 |
| Each division shall be headed by a deputy director, whose | 65881 |
| title shall be designated by the director, and shall include those | 65882 |
| other officers and employees as may be necessary to carry out the | 65883 |
|
work of the division. | 65884 |
|
director of each division | 65885 |
| service of the state and shall serve at the pleasure of the | 65886 |
|
director. The director
| 65887 |
| 65888 | |
| in the performance of the duties, powers, and functions of the | 65889 |
| department and of each division. The director shall have complete | 65890 |
| executive charge of the department, shall be responsible for the | 65891 |
| organization, direction, and supervision of the work of the | 65892 |
| department and the performance of the duties, powers, and | 65893 |
| functions assigned to each division, and may establish necessary | 65894 |
|
administrative units therein. | 65895 |
| division, with the approval of the director and subject to Chapter | 65896 |
| 124. of the Revised Code, shall appoint the necessary employees of | 65897 |
| the division and may remove such employees for cause. | 65898 |
| | 65899 |
| 65900 | |
| 65901 | |
| 65902 | |
| 65903 | |
| 65904 | |
| 65905 | |
| 65906 |
| Sec. 5501.07. In addition to those duties, powers, and | 65907 |
| functions the director of transportation assigns to it, the office | 65908 |
|
of | 65909 |
| 65910 |
| (A) May issue grants from any public transportation grant | 65911 |
| appropriation to county transit boards, regional transit | 65912 |
| authorities, regional transit commissions, counties, municipal | 65913 |
| corporations, and private nonprofit organizations that operate or | 65914 |
| will operate a public transportation system. | 65915 |
| The director shall establish criteria for the distribution of | 65916 |
| such grants. These criteria may include and the director may | 65917 |
| consider each of the following: | 65918 |
| (1) The degree to which comprehensive regional transportation | 65919 |
| planning goals may be attained through a program for which a grant | 65920 |
| will be used; | 65921 |
| (2) The amount of local financial or other support of public | 65922 |
| transportation operations and facilities affected by the program; | 65923 |
| (3) The levels of existing service and fare; | 65924 |
| (4) The degree to which the proposed plan demonstrates | 65925 |
| approaches of potential value to other local transit boards, | 65926 |
| authorities, commissions, counties, municipal corporations, and | 65927 |
| private nonprofit organizations operating public transportation | 65928 |
| systems; | 65929 |
| (5) The degree to which the grant applicant will use state | 65930 |
| and local funds to match a federal grant; | 65931 |
| (6) Such other factors as the director determines. | 65932 |
| Any criteria established by the director for the distribution | 65933 |
| of such grants shall be consistent with the requirements of the | 65934 |
| United States department of transportation, or any administration | 65935 |
| in the department, including, but not limited to, the federal | 65936 |
| transit administration. The director may designate in the criteria | 65937 |
| certain dates after which applications for specified portions of | 65938 |
| the appropriations made for this purpose will not be accepted. | 65939 |
| (B) May issue grants from any elderly and handicapped transit | 65940 |
| fare assistance grant appropriation to county transit boards, | 65941 |
| regional transit authorities, regional transit commissions, | 65942 |
| counties, municipal corporations, and private nonprofit | 65943 |
| organizations that operate or will operate public transportation | 65944 |
| systems for the purpose of reducing the transit or paratransit | 65945 |
| fares of elderly or handicapped persons. The director shall | 65946 |
| establish criteria for the distribution of such grants. | 65947 |
| (C) May administer provisions of federal public | 65948 |
| transportation acts or programs applicable within the state, | 65949 |
| pursuant to an agreement entered into by the director with an | 65950 |
| appropriate official of the federal agency responsible for | 65951 |
| implementation of the federal acts or programs. The federal acts | 65952 |
| or programs shall include, but are not limited to, programs | 65953 |
| authorized under the "Act of July 5, 1994," 108 Stat. 785, 49 | 65954 |
| U.S.C.A. 5301, as amended. | 65955 |
| (D) Shall furnish, upon request and within the limits of | 65956 |
| appropriated funds, guidance in technical or policy matters to a | 65957 |
| county transit board, regional transit authority, regional transit | 65958 |
| commission, county, municipal corporation, or private nonprofit | 65959 |
| organization that operates or proposes to operate a public | 65960 |
| transportation system, and provide assistance and liaison in the | 65961 |
| preparation and submission of applications for federal and state | 65962 |
| funds; | 65963 |
| (E) May apply for and accept grants or loans from any federal | 65964 |
| agency for the purpose of providing for the development or | 65965 |
| improvement of public transportation facilities or for the | 65966 |
| coordination of any activities related to the development or | 65967 |
| improvement of such facilities, and may provide any consideration | 65968 |
| from any public transportation grant appropriation and enter into | 65969 |
| any contracts that may be required in order to obtain such grants | 65970 |
| or loans from a federal agency. | 65971 |
| Sec. 5501.51. (A) The state shall reimburse a utility for | 65972 |
| the cost of relocation of utility facilities necessitated by the | 65973 |
| construction of a highway project only in the event that the | 65974 |
| utility can evidence a vested interest in the nature of a fee | 65975 |
| interest, an easement interest, or a lesser estate in the real | 65976 |
| property it occupies in the event that the utility possesses a | 65977 |
| vested interest in such property. The utility shall present | 65978 |
| evidence satisfactory to the state substantiating the cost of | 65979 |
| relocation. The director may audit all financial records which the | 65980 |
| director determines necessary to verify such actual costs. | 65981 |
| (B) The director of transportation may establish and enforce | 65982 |
| such rules and procedures as the director may determine to be | 65983 |
| necessary to assure consistency governing any and all aspects of | 65984 |
| the cost of utility relocations. The director may adopt such | 65985 |
| amendments to such rules as are necessary and within the | 65986 |
| guidelines of this section. | 65987 |
| (C) As used in this section: | 65988 |
| (1) "Cost of relocation" includes the actual cost paid by a | 65989 |
| utility directly attributable to relocation after deducting any | 65990 |
| increase in the value of the new facility and any salvage value | 65991 |
| derived from the old facility. | 65992 |
| (2) "Utility" includes publicly, privately, and cooperatively | 65993 |
| owned utilities that are subject to the authority of the public | 65994 |
| utilities commission of Ohio. "Utility" also includes a cable | 65995 |
| operator as defined in the "Cable Communications Policy Act of | 65996 |
| 1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by the | 65997 |
| "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, and | 65998 |
| includes the provision of other information or telecommunications | 65999 |
| services, or both, and an electric cooperative and a municipal | 66000 |
| electric utility, both as defined in section 4928.01 of the | 66001 |
| Revised Code. | 66002 |
| (3) "Actual cost" means those costs that are eligible for | 66003 |
| reimbursement in accordance with 23 C.F.R. 645, subparts A and B. | 66004 |
| The information the utility provides to confirm actual cost is not | 66005 |
| a public record under section 149.43 of the Revised Code. | 66006 |
| Sec. 5502.01. (A) The department of public safety shall | 66007 |
| administer and enforce the laws relating to the registration, | 66008 |
| licensing, sale, and operation of motor vehicles and the laws | 66009 |
| pertaining to the licensing of drivers of motor vehicles. | 66010 |
| The department shall compile, analyze, and publish statistics | 66011 |
| relative to motor vehicle accidents and the causes of them, | 66012 |
| prepare and conduct educational programs for the purpose of | 66013 |
| promoting safety in the operation of motor vehicles on the | 66014 |
| highways, and conduct research and studies for the purpose of | 66015 |
| promoting safety on the highways of this state. | 66016 |
| (B) The department shall administer the laws and rules | 66017 |
| relative to trauma and emergency medical services specified in | 66018 |
| Chapter 4765. of the Revised Code and any laws and rules relative | 66019 |
| to commercial medical transportation services as may be specified | 66020 |
| in Chapter 4766. of the Revised Code. | 66021 |
| (C) The department shall administer and enforce the laws | 66022 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 66023 |
| enforce the rules and orders of the liquor control commission | 66024 |
| pertaining to retail liquor permit holders. | 66025 |
| (D) The department shall administer the laws governing the | 66026 |
| state emergency management agency and shall enforce all additional | 66027 |
| duties and responsibilities as prescribed in the Revised Code | 66028 |
| related to emergency management services. | 66029 |
| (E) The department shall conduct investigations pursuant to | 66030 |
| Chapter 5101. of the Revised Code in support of the duty of the | 66031 |
| department of job and family services to administer the | 66032 |
| supplemental nutrition assistance program throughout this state. | 66033 |
| The department of public safety shall conduct investigations | 66034 |
| necessary to protect the state's property rights and interests in | 66035 |
| the supplemental nutrition assistance program. | 66036 |
| (F) The department of public safety shall enforce compliance | 66037 |
| with orders and rules of the public utilities commission and | 66038 |
|
applicable laws in accordance with Chapters | 66039 |
| and 4923. of the Revised Code regarding commercial motor vehicle | 66040 |
| transportation safety, economic, and hazardous materials | 66041 |
| requirements. | 66042 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 66043 |
| department of public safety may establish requirements for its | 66044 |
| enforcement personnel, including its enforcement agents described | 66045 |
| in section 5502.14 of the Revised Code, that include standards of | 66046 |
| conduct, work rules and procedures, and criteria for eligibility | 66047 |
| as law enforcement personnel. | 66048 |
| (H) The department shall administer, maintain, and operate | 66049 |
| the Ohio criminal justice network. The Ohio criminal justice | 66050 |
| network shall be a computer network that supports state and local | 66051 |
| criminal justice activities. The network shall be an electronic | 66052 |
| repository for various data, which may include arrest warrants, | 66053 |
| notices of persons wanted by law enforcement agencies, criminal | 66054 |
| records, prison inmate records, stolen vehicle records, vehicle | 66055 |
| operator's licenses, and vehicle registrations and titles. | 66056 |
| (I) The department shall coordinate all homeland security | 66057 |
| activities of all state agencies and shall be a liaison between | 66058 |
| state agencies and local entities for those activities and related | 66059 |
| purposes. | 66060 |
| (J) Beginning July 1, 2004, the department shall administer | 66061 |
| and enforce the laws relative to private investigators and | 66062 |
| security service providers specified in Chapter 4749. of the | 66063 |
| Revised Code. | 66064 |
| (K) The department shall administer criminal justice services | 66065 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 66066 |
| Code. | 66067 |
| Sec. 5502.011. (A) As used in this section, "department of | 66068 |
| public safety" and "department" include all divisions within the | 66069 |
| department of public safety. | 66070 |
| (B) The director | 66071 |
| chief executive and administrative officer of the department. The | 66072 |
| director may establish policies governing the department, the | 66073 |
| performance of its employees and officers, the conduct of its | 66074 |
| business, and the custody, use, and preservation of departmental | 66075 |
| records, papers, books, documents, and property. The director also | 66076 |
| may authorize and approve investigations to be conducted by any of | 66077 |
| the department's divisions. Whenever the Revised Code imposes a | 66078 |
| duty upon or requires an action of the department, the director | 66079 |
| may perform the action or duty in the name of the department or | 66080 |
| direct such performance to be performed by the director's | 66081 |
| designee. | 66082 |
| (C) In addition to any other duties enumerated in the Revised | 66083 |
| Code, the director or the director's designee shall do all of the | 66084 |
| following: | 66085 |
| (1) Administer and direct the performance of the duties of | 66086 |
| the department; | 66087 |
| (2) Pursuant to Chapter 119. of the Revised Code, approve, | 66088 |
| adopt, and prescribe such forms and rules as are necessary to | 66089 |
| carry out the duties of the department; | 66090 |
| (3) On behalf of the department and in addition to any | 66091 |
| authority the Revised Code otherwise grants to the department, | 66092 |
| have the authority and responsibility for approving and entering | 66093 |
| into contracts, agreements, and other business arrangements; | 66094 |
| (4) Make appointments for the department as needed to comply | 66095 |
| with requirements of the Revised Code; | 66096 |
| (5) Approve employment actions of the department, including | 66097 |
| appointments, promotions, discipline, investigations, and | 66098 |
| terminations; | 66099 |
| (6) Accept, hold, and use, for the benefit of the department, | 66100 |
| any gift, donation, bequest, or devise, and may agree to and | 66101 |
| perform all conditions of the gift, donation, bequest, or devise, | 66102 |
| that are not contrary to law; | 66103 |
| (7) Apply for, allocate, disburse, and account for grants | 66104 |
| made available under federal law or from other federal, state, or | 66105 |
| private sources; | 66106 |
| (8) Do all other acts necessary or desirable to carry out | 66107 |
| this chapter. | 66108 |
| (D)(1) The director of public safety may assess a reasonable | 66109 |
| fee, plus the amount of any charge or fee passed on from a | 66110 |
| financial institution, on a drawer or indorser for each of the | 66111 |
| following: | 66112 |
| (a) A check, draft, or money order that is returned or | 66113 |
| dishonored; | 66114 |
| (b) An automatic bank transfer that is declined, due to | 66115 |
| insufficient funds or for any other reason; | 66116 |
| (c) Any financial transaction device that is returned or | 66117 |
| dishonored for any reason. | 66118 |
| (2) The director shall deposit any fee collected under this | 66119 |
| division in an appropriate fund as determined by the director | 66120 |
| based on the tax, fee, or fine being paid. | 66121 |
| (3) As used in this division, "financial transaction device" | 66122 |
| has the same meaning as in section 113.40 of the Revised Code. | 66123 |
| (E) The director shall establish a homeland security advisory | 66124 |
| council to advise the director on homeland security, including | 66125 |
| homeland security funding efforts. The advisory council shall | 66126 |
| include, but not be limited to, state and local government | 66127 |
| officials who have homeland security or emergency management | 66128 |
| responsibilities and who represent first responders. The director | 66129 |
| shall appoint the members of the council, who shall serve without | 66130 |
| compensation. | 66131 |
| | 66132 |
| 66133 | |
| 66134 | |
| 66135 | |
| 66136 | |
| 66137 | |
| 66138 | |
| 66139 | |
| 66140 | |
| 66141 |
| | 66142 |
|
department of public safety,
| 66143 |
|
driver's license examination section | 66144 |
| 66145 |
| The | 66146 |
|
public safety | 66147 |
| and clerical personnel necessary to carry out the duties assigned | 66148 |
| under this section. The examiners shall be citizens of the United | 66149 |
| States and residents of the state and shall have such additional | 66150 |
|
qualifications as the | 66151 |
|
director | 66152 |
| The salaries and classifications of examiners and personnel | 66153 |
| shall be fixed in accordance with section 124.15 or 124.152 of the | 66154 |
| Revised Code. | 66155 |
| | 66156 |
| the driver's license examination section shall conduct all | 66157 |
| examinations for driver's licenses as required by sections 4507.01 | 66158 |
|
to 4507.36 of the Revised Code, subject to the
| 66159 |
| issued by the registrar of motor vehicles. | 66160 |
| | 66161 |
| 66162 | |
|
safety | 66163 |
|
license examiners | 66164 |
| governing the qualifications for admission to such schools and | 66165 |
| provide for competitive examinations to determine the fitness of | 66166 |
| such students for prospective examiners, not inconsistent with the | 66167 |
| rules of the director of administrative services. | 66168 |
| Sec. 5503.02. (A) The state highway patrol shall enforce the | 66169 |
| laws of the state relating to the titling, registration, and | 66170 |
| licensing of motor vehicles; enforce on all roads and highways, | 66171 |
| notwithstanding section 4513.39 of the Revised Code, the laws | 66172 |
| relating to the operation and use of vehicles on the highways; | 66173 |
| enforce and prevent the violation of the laws relating to the | 66174 |
| size, weight, and speed of commercial motor vehicles and all laws | 66175 |
| designed for the protection of the highway pavements and | 66176 |
| structures on the highways; investigate and enforce rules and laws | 66177 |
| of the public utilities commission governing the transportation of | 66178 |
| persons and property by motor carriers and report violations of | 66179 |
| such rules and laws to the commission; enforce against any motor | 66180 |
| 66181 | |
| 4923.01 of the Revised Code | 66182 |
| 66183 | |
| 66184 | |
| 66185 | |
| 66186 | |
|
forfeiture as provided in section | 66187 |
| 4923.99 of the Revised Code; investigate and report violations of | 66188 |
| all laws relating to the collection of excise taxes on motor | 66189 |
| vehicle fuels; and regulate the movement of traffic on the roads | 66190 |
| and highways of the state, notwithstanding section 4513.39 of the | 66191 |
| Revised Code. | 66192 |
| The patrol, whenever possible, shall determine the identity | 66193 |
| of the persons who are causing or who are responsible for the | 66194 |
| breaking, damaging, or destruction of any improved surfaced | 66195 |
| roadway, structure, sign, marker, guardrail, or other appurtenance | 66196 |
| constructed or maintained by the department of transportation and | 66197 |
| shall arrest the persons who are responsible for the breaking, | 66198 |
| damaging, or destruction and bring them before the proper | 66199 |
| officials for prosecution. | 66200 |
| State highway patrol troopers shall investigate and report | 66201 |
| all motor vehicle accidents on all roads and highways outside of | 66202 |
| municipal corporations. The superintendent of the patrol or any | 66203 |
| state highway patrol trooper may arrest, without a warrant, any | 66204 |
| person, who is the driver of or a passenger in any vehicle | 66205 |
| operated or standing on a state highway, whom the superintendent | 66206 |
| or trooper has reasonable cause to believe is guilty of a felony, | 66207 |
| under the same circumstances and with the same power that any | 66208 |
| peace officer may make such an arrest. | 66209 |
| The superintendent or any state highway patrol trooper may | 66210 |
| enforce the criminal laws on all state properties and state | 66211 |
| institutions, owned or leased by the state, and, when so ordered | 66212 |
| by the governor in the event of riot, civil disorder, or | 66213 |
| insurrection, may, pursuant to sections 2935.03 to 2935.05 of the | 66214 |
| Revised Code, arrest offenders against the criminal laws wherever | 66215 |
| they may be found within the state if the violations occurred | 66216 |
| upon, or resulted in injury to person or property on, state | 66217 |
| properties or state institutions, or under the conditions | 66218 |
| described in division (B) of this section. This authority of the | 66219 |
| superintendent and any state highway patrol trooper to enforce the | 66220 |
| criminal laws shall extend to any privately owned correctional | 66221 |
| facility housing Ohio inmates in this state, if the facility is | 66222 |
| being operated under an agreement with the department of | 66223 |
| rehabilitation and correction, to the same extent as if the | 66224 |
| facility were owned by this state. | 66225 |
| (B) In the event of riot, civil disorder, or insurrection, or | 66226 |
| the reasonable threat of riot, civil disorder, or insurrection, | 66227 |
| and upon request, as provided in this section, of the sheriff of a | 66228 |
| county or the mayor or other chief executive of a municipal | 66229 |
| corporation, the governor may order the state highway patrol to | 66230 |
| enforce the criminal laws within the area threatened by riot, | 66231 |
| civil disorder, or insurrection, as designated by the governor, | 66232 |
| upon finding that law enforcement agencies within the counties | 66233 |
| involved will not be reasonably capable of controlling the riot, | 66234 |
| civil disorder, or insurrection and that additional assistance is | 66235 |
| necessary. In cities in which the sheriff is under contract to | 66236 |
| provide exclusive police services pursuant to section 311.29 of | 66237 |
| the Revised Code, in villages, and in the unincorporated areas of | 66238 |
| the county, the sheriff has exclusive authority to request the use | 66239 |
| of the patrol. In cities in which the sheriff does not exclusively | 66240 |
| provide police services, the mayor, or other chief executive | 66241 |
| performing the duties of mayor, has exclusive authority to request | 66242 |
| the use of the patrol. | 66243 |
| The superintendent or any state highway patrol trooper may | 66244 |
| enforce the criminal laws within the area designated by the | 66245 |
| governor during the emergency arising out of the riot, civil | 66246 |
| disorder, or insurrection until released by the governor upon | 66247 |
| consultation with the requesting authority. State highway patrol | 66248 |
| troopers shall never be used as peace officers in connection with | 66249 |
| any strike or labor dispute. | 66250 |
| When a request for the use of the patrol is made pursuant to | 66251 |
| this division, the requesting authority shall notify the law | 66252 |
| enforcement authorities in contiguous communities and the sheriff | 66253 |
| of each county within which the threatened area, or any part of | 66254 |
| the threatened area, lies of the request, but the failure to | 66255 |
| notify the authorities or a sheriff shall not affect the validity | 66256 |
| of the request. | 66257 |
| (C) Any person who is arrested by the superintendent or a | 66258 |
| state highway patrol trooper shall be taken before any court or | 66259 |
| magistrate having jurisdiction of the offense with which the | 66260 |
| person is charged. Any person who is arrested or apprehended | 66261 |
| within the limits of a municipal corporation shall be brought | 66262 |
| before the municipal court or other tribunal of the municipal | 66263 |
| corporation. | 66264 |
| (D)(1) State highway patrol troopers have the same right and | 66265 |
| power of search and seizure as other peace officers. | 66266 |
| No state official shall command, order, or direct any state | 66267 |
| highway patrol trooper to perform any duty or service that is not | 66268 |
| authorized by law. The powers and duties conferred on the patrol | 66269 |
| are supplementary to, and in no way a limitation on, the powers | 66270 |
| and duties of sheriffs or other peace officers of the state. | 66271 |
| (2)(a) A state highway patrol trooper, pursuant to the policy | 66272 |
| established by the superintendent of the state highway patrol | 66273 |
| under division (D)(2)(b) of this section, may render emergency | 66274 |
| assistance to any other peace officer who has arrest authority | 66275 |
| under section 2935.03 of the Revised Code, if both of the | 66276 |
| following apply: | 66277 |
| (i) There is a threat of imminent physical danger to the | 66278 |
| peace officer, a threat of physical harm to another person, or any | 66279 |
| other serious emergency situation; | 66280 |
| (ii) Either the peace officer requests emergency assistance, | 66281 |
| or it appears that the peace officer is unable to request | 66282 |
| emergency assistance and the circumstances observed by the state | 66283 |
| highway patrol trooper reasonably indicate that emergency | 66284 |
| assistance is appropriate, or the peace officer requests emergency | 66285 |
| assistance and in the request the peace officer specifies a | 66286 |
| particular location and the state highway patrol trooper arrives | 66287 |
| at that location prior to the time that the peace officer arrives | 66288 |
| at that location and the circumstances observed by the state | 66289 |
| highway patrol trooper reasonably indicate that emergency | 66290 |
| assistance is appropriate. | 66291 |
| (b) The superintendent of the state highway patrol shall | 66292 |
| establish, within sixty days of August 8, 1991, a policy that sets | 66293 |
| forth the manner and procedures by which a state highway patrol | 66294 |
| trooper may render emergency assistance to any other peace officer | 66295 |
| under division (D)(2)(a) of this section. The policy shall include | 66296 |
| a provision that a state highway patrol trooper never be used as a | 66297 |
| peace officer in connection with any strike or labor dispute. | 66298 |
| (3)(a) A state highway patrol trooper who renders emergency | 66299 |
| assistance to any other peace officer under the policy established | 66300 |
| by the superintendent pursuant to division (D)(2)(b) of this | 66301 |
| section shall be considered to be performing regular employment | 66302 |
| for the purposes of compensation, pension, indemnity fund rights, | 66303 |
| workers' compensation, and other rights or benefits to which the | 66304 |
| trooper may be entitled as incident to regular employment. | 66305 |
| (b) A state highway patrol trooper who renders emergency | 66306 |
| assistance to any other peace officer under the policy established | 66307 |
| by the superintendent pursuant to division (D)(2)(b) of this | 66308 |
| section retains personal immunity from liability as specified in | 66309 |
| section 9.86 of the Revised Code. | 66310 |
| (c) A state highway patrol trooper who renders emergency | 66311 |
| assistance under the policy established by the superintendent | 66312 |
| pursuant to division (D)(2)(b) of this section has the same | 66313 |
| authority as the peace officer for or with whom the state highway | 66314 |
| patrol trooper is providing emergency assistance. | 66315 |
| (E)(1) Subject to the availability of funds specifically | 66316 |
| appropriated by the general assembly for security detail purposes, | 66317 |
| the state highway patrol shall provide security as follows: | 66318 |
| (a) For the governor; | 66319 |
| (b) At the direction of the governor, for other officials of | 66320 |
| the state government of this state; officials of the state | 66321 |
| governments of other states who are visiting this state; officials | 66322 |
| of the United States government who are visiting this state; | 66323 |
| officials of the governments of foreign countries or their | 66324 |
| political subdivisions who are visiting this state; or other | 66325 |
| officials or dignitaries who are visiting this state, including, | 66326 |
| but not limited to, members of trade missions; | 66327 |
| (c) For the capitol square, as defined in section 105.41 of | 66328 |
| the Revised Code; | 66329 |
| (d) For other state property. | 66330 |
| (2) To carry out the security responsibilities of the patrol | 66331 |
| listed in division (E)(1) of this section, the superintendent may | 66332 |
| assign state highway patrol troopers to a separate unit that is | 66333 |
| responsible for security details. The number of troopers assigned | 66334 |
| to particular security details shall be determined by the | 66335 |
| superintendent. | 66336 |
| (3) The superintendent and any state highway patrol trooper, | 66337 |
| when providing security pursuant to division (E)(1)(a) or (b) of | 66338 |
| this section, have the same arrest powers as other peace officers | 66339 |
| to apprehend offenders against the criminal laws who endanger or | 66340 |
| threaten the security of any person being protected, no matter | 66341 |
| where the offense occurs. | 66342 |
| The superintendent, any state highway patrol trooper, and any | 66343 |
| special police officer designated under section 5503.09 of the | 66344 |
| Revised Code, when providing security pursuant to division | 66345 |
| (E)(1)(c) of this section, shall enforce any rules governing | 66346 |
| capitol square adopted by the capitol square review and advisory | 66347 |
| board. | 66348 |
| (F) The governor may order the state highway patrol to | 66349 |
| undertake major criminal investigations that involve state | 66350 |
| property interests. If an investigation undertaken pursuant to | 66351 |
| this division results in either the issuance of a no bill or the | 66352 |
| filing of an indictment, the superintendent shall file a complete | 66353 |
| and accurate report of the investigation with the president of the | 66354 |
| senate, the speaker of the house of representatives, the minority | 66355 |
| leader of the senate, and the minority leader of the house of | 66356 |
| representatives within fifteen days after the issuance of the no | 66357 |
| bill or the filing of an indictment. If the investigation does not | 66358 |
| have as its result any prosecutorial action, the superintendent | 66359 |
| shall, upon reporting this fact to the governor, file a complete | 66360 |
| and accurate report of the investigation with the president of the | 66361 |
| senate, the speaker of the house of representatives, the minority | 66362 |
| leader of the senate, and the minority leader of the house of | 66363 |
| representatives. | 66364 |
| (G) The superintendent may purchase or lease real property | 66365 |
| and buildings needed by the patrol, negotiate the sale of real | 66366 |
| property owned by the patrol, rent or lease real property owned or | 66367 |
| leased by the patrol, and make or cause to be made repairs to all | 66368 |
| property owned or under the control of the patrol. Any instrument | 66369 |
| by which real property is acquired pursuant to this division shall | 66370 |
| identify the agency of the state that has the use and benefit of | 66371 |
| the real property as specified in section 5301.012 of the Revised | 66372 |
| Code. | 66373 |
| Sections 123.01 and 125.02 of the Revised Code do not limit | 66374 |
| the powers granted to the superintendent by this division. | 66375 |
| Sec. 5503.04. Forty-five per cent of the fines collected | 66376 |
| from or moneys arising from bail forfeited by persons apprehended | 66377 |
| or arrested by state highway patrol troopers shall be paid into | 66378 |
| the state treasury to be credited to the general revenue fund, | 66379 |
| five per cent shall be paid into the state treasury to be credited | 66380 |
|
to the trauma and emergency medical services | 66381 |
|
by | 66382 |
| per cent shall be paid into the treasury of the municipal | 66383 |
| corporation where the case is prosecuted, if in a mayor's court. | 66384 |
| If the prosecution is in a trial court outside a municipal | 66385 |
| corporation, or outside the territorial jurisdiction of a | 66386 |
| municipal court, the fifty per cent of the fines and moneys that | 66387 |
| is not paid into the state treasury shall be paid into the | 66388 |
| treasury of the county where the case is prosecuted. The fines and | 66389 |
| moneys paid into a county treasury and the fines and moneys paid | 66390 |
| into the treasury of a municipal corporation shall be deposited | 66391 |
| one-half to the same fund and expended in the same manner as is | 66392 |
| the revenue received from the registration of motor vehicles, and | 66393 |
| one-half to the general fund of such county or municipal | 66394 |
| corporation. | 66395 |
| If the prosecution is in a municipal court, forty-five per | 66396 |
| cent of the fines and moneys shall be paid into the state treasury | 66397 |
| to be credited to the general revenue fund, five per cent shall be | 66398 |
| paid into the state treasury to be credited to the trauma and | 66399 |
| emergency medical services grants fund created by division (E) of | 66400 |
| section 4513.263 of the Revised Code, ten per cent shall be paid | 66401 |
| into the county treasury to be credited to the general fund of the | 66402 |
| county, and forty per cent shall be paid into the municipal | 66403 |
| treasury to be credited to the general fund of the municipal | 66404 |
| corporation. In the Auglaize county, Clermont county, Crawford | 66405 |
| county, Hocking county, Jackson county, Lawrence county, Madison | 66406 |
| county, Miami county, Ottawa county, Portage county, and Wayne | 66407 |
| county municipal courts, that portion of money otherwise paid into | 66408 |
| the municipal treasury shall be paid into the county treasury. | 66409 |
| The trial court shall make remittance of the fines and moneys | 66410 |
| as prescribed in this section, and at the same time as the | 66411 |
| remittance is made of the state's portion to the state treasury, | 66412 |
| the trial court shall notify the superintendent of the state | 66413 |
| highway patrol of the case and the amount covered by the | 66414 |
| remittance. | 66415 |
| This section does not apply to fines for violations of | 66416 |
| division (B) of section 4513.263 of the Revised Code, or for | 66417 |
| violations of any municipal ordinance that is substantively | 66418 |
| comparable to that division, all of which shall be delivered to | 66419 |
| the treasurer of state as provided in division (E) of section | 66420 |
| 4513.263 of the Revised Code. | 66421 |
| Sec. 5503.34. There is hereby created in the department of | 66422 |
| public safety, division of state highway patrol, a motor carrier | 66423 |
| enforcement unit, to be administered by the superintendent of the | 66424 |
| state highway patrol. This unit shall be responsible for | 66425 |
|
enforcement of commercial motor vehicle transportation safety | 66426 |
| 66427 |
| The superintendent, with the approval of the director of | 66428 |
| public safety, may appoint and maintain necessary staff to carry | 66429 |
| out the duties assigned under this section. | 66430 |
| Employees of the motor carrier enforcement unit shall | 66431 |
| cooperate with the public utilities commission to enforce | 66432 |
| compliance with orders and rules of the commission, applicable | 66433 |
|
laws under Chapters
| 66434 |
| Code, and any other applicable laws or rules. | 66435 |
| Uniformed employees of the motor carrier enforcement unit may | 66436 |
| stop commercial motor vehicles for the exclusive purpose of | 66437 |
| inspecting such vehicles to enforce compliance with orders and | 66438 |
| rules of the public utilities commission as required by division | 66439 |
| (F) of section 5502.01 of the Revised Code. | 66440 |
| Sec. 5505.068. (A) As used in this section and in section | 66441 |
| 5505.0610 of the Revised Code: | 66442 |
| (1) "Agent" means a dealer, as defined in section 1707.01 of | 66443 |
| the Revised Code, who is licensed under sections 1707.01 to | 66444 |
| 1707.45 of the Revised Code or under comparable laws of another | 66445 |
| state or of the United States. | 66446 |
| (2) "Minority business enterprise" has the same meaning as in | 66447 |
| section 122.71 of the Revised Code. | 66448 |
| (3) "Ohio-qualified agent" means an agent designated as such | 66449 |
| by the state highway patrol retirement board. | 66450 |
| (4) "Ohio-qualified investment manager" means an investment | 66451 |
| manager designated as such by the state highway patrol retirement | 66452 |
| board. | 66453 |
| (5) "Principal place of business" means an office in which | 66454 |
| the agent regularly provides securities or investment advisory | 66455 |
| services and solicits, meets with, or otherwise communicates with | 66456 |
| clients. | 66457 |
| (B) The state highway patrol retirement board shall, for the | 66458 |
| purposes of this section, designate an agent as an Ohio-qualified | 66459 |
| agent if the agent meets all of the following requirements: | 66460 |
| (1) The agent is subject to taxation under Chapter 5725., | 66461 |
| 5726., 5733., or 5747. of the Revised Code. | 66462 |
| (2) The agent is authorized to conduct business in this | 66463 |
| state; | 66464 |
| (3) The agent maintains a principal place of business in this | 66465 |
| state and employs at least five residents of this state. | 66466 |
| (C) The state highway patrol retirement board shall adopt and | 66467 |
| implement a written policy to establish criteria and procedures | 66468 |
| used to select agents to execute securities transactions on behalf | 66469 |
| of the retirement system. The policy shall address each of the | 66470 |
| following: | 66471 |
| (1) Commissions charged by the agent, both in the aggregate | 66472 |
| and on a per share basis; | 66473 |
| (2) The execution speed and trade settlement capabilities of | 66474 |
| the agent; | 66475 |
| (3) The responsiveness, reliability, and integrity of the | 66476 |
| agent; | 66477 |
| (4) The nature and value of research provided by the agent; | 66478 |
| (5) Any special capabilities of the agent. | 66479 |
| (D)(1) The board shall, at least annually, establish a policy | 66480 |
| with the goal to increase utilization by the board of | 66481 |
| Ohio-qualified agents for the execution of domestic equity and | 66482 |
| fixed income trades on behalf of the retirement system, when an | 66483 |
| Ohio-qualified agent offers quality, services, and safety | 66484 |
| comparable to other agents otherwise available to the board and | 66485 |
| meets the criteria established under division (C) of this section. | 66486 |
| (2) The board shall review, at least annually, the | 66487 |
| performance of the agents that execute securities transactions on | 66488 |
| behalf of the board. | 66489 |
| (3) The board shall determine whether an agent is an | 66490 |
| Ohio-qualified agent, meets the criteria established by the board | 66491 |
| pursuant to division (C) of this section, and offers quality, | 66492 |
| services, and safety comparable to other agents otherwise | 66493 |
| available to the board. The board's determination shall be final. | 66494 |
| (E) The board shall, at least annually, submit to the Ohio | 66495 |
| retirement study council a report containing the following | 66496 |
| information: | 66497 |
| (1) The name of each agent designated as an Ohio-qualified | 66498 |
| agent under this section; | 66499 |
| (2) The name of each agent that executes securities | 66500 |
| transactions on behalf of the board; | 66501 |
| (3) The amount of equity and fixed-income trades that are | 66502 |
| executed by Ohio-qualified agents, expressed as a percentage of | 66503 |
| all equity and fixed-income trades that are executed by agents on | 66504 |
| behalf of the board; | 66505 |
| (4) The compensation paid to Ohio-qualified agents, expressed | 66506 |
| as a percentage of total compensation paid to all agents that | 66507 |
| execute securities transactions on behalf of the board; | 66508 |
| (5) The amount of equity and fixed-income trades that are | 66509 |
| executed by agents that are minority business enterprises, | 66510 |
| expressed as a percentage of all equity and fixed-income trades | 66511 |
| that are executed by agents on behalf of the board; | 66512 |
| (6) Any other information requested by the Ohio retirement | 66513 |
| study council regarding the board's use of agents. | 66514 |
| Sec. 5505.0610. (A) The state highway patrol retirement board | 66515 |
| shall, for the purposes of this section, designate an investment | 66516 |
| manager as an Ohio-qualified investment manager if the investment | 66517 |
| manager meets all of the following requirements: | 66518 |
| (1) The investment manager is subject to taxation under | 66519 |
| Chapter 5725., 5726., 5733., or 5747. of the Revised Code. | 66520 |
| (2) The investment manager meets one of the following | 66521 |
| requirements: | 66522 |
| (a) Has its corporate headquarters or principal place of | 66523 |
| business in this state; | 66524 |
| (b) Employs at least five hundred individuals in this state; | 66525 |
| (c) Has a principal place of business in this state and | 66526 |
|
employs at least | 66527 |
| (B)(1) The board shall, at least annually, establish a policy | 66528 |
| with the goal to increase utilization by the board of | 66529 |
| Ohio-qualified investment managers, when an Ohio-qualified | 66530 |
| investment manager offers quality, services, and safety comparable | 66531 |
| to other investment managers otherwise available to the board. The | 66532 |
| policy shall also provide for the following: | 66533 |
| (a) A process whereby the board can develop a list of | 66534 |
| Ohio-qualified investment managers and their investment products; | 66535 |
| (b) A process whereby the board can give public notice to | 66536 |
| Ohio-qualified investment managers of the board's search for an | 66537 |
| investment manager that includes the board's search criteria. | 66538 |
| (2) The board shall determine whether an investment manager | 66539 |
| is an Ohio-qualified investment manager and whether the investment | 66540 |
| manager offers quality, services, and safety comparable to other | 66541 |
| investment managers otherwise available to the board. The board's | 66542 |
| determination shall be final. | 66543 |
| (C) The board shall, at least annually, submit to the Ohio | 66544 |
| retirement study council a report containing the following | 66545 |
| information: | 66546 |
| (1) The name of each investment manager designated as an | 66547 |
| Ohio-qualified investment manager under this section; | 66548 |
| (2) The name of each investment manager with which the board | 66549 |
| contracts; | 66550 |
| (3) The amount of assets managed by Ohio-qualified investment | 66551 |
| managers, expressed as a percentage of the total assets held by | 66552 |
| the retirement system and as a percentage of assets managed by | 66553 |
| investment managers with which the board has contracted; | 66554 |
| (4) The compensation paid to Ohio-qualified investment | 66555 |
| managers, expressed as a percentage of total compensation paid to | 66556 |
| all investment managers with which the board has contracted; | 66557 |
| (5) Any other information requested by the Ohio retirement | 66558 |
| study council regarding the board's use of investment managers. | 66559 |
| Sec. 5701.12. (A) The effective date to which this section | 66560 |
| refers is the effective date of this section as enacted by ... B. | 66561 |
| ... of the 129th general assembly. | 66562 |
| (B) Any reference in Title LVII to "consolidated reports of | 66563 |
| condition and income" or "call report" means the consolidated | 66564 |
| reports of condition and income as those reports existed on the | 66565 |
| effective date. | 66566 |
| (C) Any reference in Title LVII to "FR Y-9" or "Y-9" means | 66567 |
| the FR Y-9 financial statements as those financial statements | 66568 |
| existed on the effective date. | 66569 |
| (D) This section does not apply to any reference in Title | 66570 |
| LVII of the Revised Code to "consolidated reports of condition and | 66571 |
| income," "call report," "FR Y-9," or "Y-9" as of a date certain | 66572 |
| specifying the day, month, and year. | 66573 |
| Sec. 5701.13. (A) As used in this section: | 66574 |
| (1) "Nursing home" means a nursing home or a home for the | 66575 |
| aging, as those terms are defined in section 3721.01 of the | 66576 |
| Revised Code, that is issued a license pursuant to section 3721.02 | 66577 |
| of the Revised Code. | 66578 |
| (2) "Residential care facility" means a residential care | 66579 |
| facility, as defined in section 3721.01 of the Revised Code, that | 66580 |
| is issued a license pursuant to section 3721.02 of the Revised | 66581 |
| Code. | 66582 |
| (3) " | 66583 |
|
residential facility | 66584 |
| 5119.22 of the Revised Code that | 66585 |
| 66586 | |
| supervision, and personal care services for three to sixteen | 66587 |
| unrelated adults. | 66588 |
| (B) As used in Title LVII of the Revised Code, and for the | 66589 |
| purpose of other sections of the Revised Code that refer | 66590 |
| specifically to Chapter 5701. or section 5701.13 of the Revised | 66591 |
| Code, a "home for the aged" means either of the following: | 66592 |
| (1) A place of residence for aged and infirm persons that | 66593 |
| satisfies divisions (B)(1)(a) to (e) of this section: | 66594 |
| (a) It is a nursing home, residential care facility, or | 66595 |
| 66596 |
| (b) It is owned by a corporation, unincorporated association, | 66597 |
| or trust of a charitable, religious, or fraternal nature, which is | 66598 |
| organized and operated not for profit, which is not formed for the | 66599 |
| pecuniary gain or profit of, and whose net earnings or any part of | 66600 |
| whose net earnings is not distributable to, its members, trustees, | 66601 |
| officers, or other private persons, and which is exempt from | 66602 |
| federal income taxation under section 501 of the "Internal Revenue | 66603 |
| Code of 1986," 100 Stat. 2085, 26 U.S.C. 1. | 66604 |
| (c) It is open to the public without regard to race, color, | 66605 |
| or national origin. | 66606 |
| (d) It does not pay, directly or indirectly, compensation for | 66607 |
| services rendered, interest on debts incurred, or purchase price | 66608 |
| for land, building, equipment, supplies, or other goods or | 66609 |
| chattels, which compensation, interest, or purchase price is | 66610 |
| unreasonably high. | 66611 |
| (e) It provides services for the life of each resident | 66612 |
| without regard to the resident's ability to continue payment for | 66613 |
| the full cost of the services. | 66614 |
| (2) A place of residence that satisfies divisions (B)(1)(b), | 66615 |
| (d), and (e) of this section; that satisfies the definition of | 66616 |
| "nursing home" or "residential care facility" under section | 66617 |
|
3721.01 of the Revised Code or the definition of " | 66618 |
| residential facility" under | 66619 |
| division (A)(3) of this section regardless of whether it is | 66620 |
| licensed as such a home or facility; and that is provided at no | 66621 |
| charge to individuals on account of their service without | 66622 |
| compensation to a charitable, religious, fraternal, or educational | 66623 |
| institution, which individuals are aged or infirm and are members | 66624 |
| of the corporation, association, or trust that owns the place of | 66625 |
| residence. For the purposes of division (B)(2) of this section, | 66626 |
| "compensation" does not include furnishing room and board, | 66627 |
| clothing, health care, or other necessities, or stipends or other | 66628 |
| de minimis payments to defray the cost thereof. | 66629 |
| Exemption from taxation shall be accorded, on proper | 66630 |
| application, only to those homes or parts of homes which meet the | 66631 |
| standards and provide the services specified in this section. | 66632 |
| Nothing in this section shall be construed as preventing a | 66633 |
| home from requiring a resident with financial need to apply for | 66634 |
| any applicable financial assistance or requiring a home to retain | 66635 |
| a resident who willfully refuses to pay for services for which the | 66636 |
| resident has contracted even though the resident has sufficient | 66637 |
| resources to do so. | 66638 |
| (C)(1) If a corporation, unincorporated association, or trust | 66639 |
| described in division (B)(1)(b) of this section is granted a | 66640 |
| certificate of need pursuant to section 3702.52 of the Revised | 66641 |
| Code to construct, add to, or otherwise modify a nursing home, or | 66642 |
| is given approval pursuant to section 3791.04 of the Revised Code | 66643 |
| to construct, add to, or otherwise modify a residential care | 66644 |
|
facility or | 66645 |
| corporation, association, or trust submits an affidavit to the tax | 66646 |
| commissioner stating that, commencing on the date of licensure and | 66647 |
| continuing thereafter, the home or facility will be operated in | 66648 |
| accordance with the requirements of divisions (B)(1)(a) to (e) of | 66649 |
| this section, the corporation, association, or trust shall be | 66650 |
| considered to be operating a "home for the aged" within the | 66651 |
| meaning of division (B)(1) of this section, beginning on the first | 66652 |
| day of January of the year in which such certificate is granted or | 66653 |
| approval is given. | 66654 |
| (2) If a corporation, association, or trust is considered to | 66655 |
| be operating a "home for the aged" pursuant to division (C)(1) of | 66656 |
| this section, the corporation, association, or trust shall notify | 66657 |
| the tax commissioner in writing upon the occurrence of any of the | 66658 |
| following events: | 66659 |
| (a) The corporation, association, or trust no longer intends | 66660 |
| to complete the construction of, addition to, or modification of | 66661 |
| the home or facility, to obtain the appropriate license for the | 66662 |
| home or facility, or to commence operation of the home or facility | 66663 |
| in accordance with the requirements of divisions (B)(1)(a) to (e) | 66664 |
| of this section; | 66665 |
| (b) The certificate of approval referred to in division | 66666 |
| (C)(1) of this section expires, is revoked, or is otherwise | 66667 |
| terminated prior to the completion of the construction of, | 66668 |
| addition to, or modification of the home or facility; | 66669 |
| (c) The license to operate the home or facility is not | 66670 |
| granted by the director of health within one year following | 66671 |
| completion of the construction of, addition to, or modification of | 66672 |
| the home or facility; | 66673 |
| (d) The license to operate the home or facility is not | 66674 |
| granted by the director of health within four years following the | 66675 |
| date upon which the certificate or approval referred to in | 66676 |
| division (C)(1) of this section was granted or given; | 66677 |
| (e) The home or facility is granted a license to operate as a | 66678 |
|
nursing home, residential care facility, or | 66679 |
| facility. | 66680 |
| (3) Upon the occurrence of any of the events referred to in | 66681 |
| divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the | 66682 |
| corporation, association, or trust shall no longer be considered | 66683 |
| to be operating a "home for the aged" pursuant to division (C)(1) | 66684 |
| of this section, except that the tax commissioner, for good cause | 66685 |
| shown and to the extent the commissioner considers appropriate, | 66686 |
| may extend the time period specified in division (C)(2)(c) or (d) | 66687 |
| of this section, or both. Nothing in division (C)(3) of this | 66688 |
| section shall be construed to prevent a nursing home, residential | 66689 |
|
care facility, or | 66690 |
| as a "home for the aged" if, upon proper application made pursuant | 66691 |
| to division (B) of this section, it is found to meet the | 66692 |
| requirements of divisions (A) and (B) of this section. | 66693 |
| Sec. 5703.021. (A) There is hereby established a small claims | 66694 |
| division of the board of tax appeals. | 66695 |
| (B) The small claims division shall have jurisdiction over | 66696 |
| any proceeding that is filed as a small claims case by election of | 66697 |
| the appellant and written agreement of all the parties or | 66698 |
| reassigned by the board with the written consent of all the | 66699 |
| parties, and that is either of the following: | 66700 |
| (1) Commenced under section 5717.01 of the Revised Code in | 66701 |
| which the property at issue qualifies for the partial tax | 66702 |
| exemption described in section 319.302 of the Revised Code; or | 66703 |
| (2) Commenced under section 5717.011 or 5717.02 of the | 66704 |
| Revised Code when the amount in controversy claimed by the | 66705 |
| taxpayer does not exceed ten thousand dollars exclusive of | 66706 |
| interest and penalty. The board by rule may modify the | 66707 |
| jurisdictional dollar threshold for cases qualifying for the small | 66708 |
| claims division. | 66709 |
| (C) Notwithstanding division (B) of this section, the board | 66710 |
| shall reassign an appeal initially assigned to the small claims | 66711 |
| division to the regular docket upon request of a party or when the | 66712 |
| appeal presents an issue of public or great general interest or | 66713 |
| presents a constitutional issue, or when the board determines that | 66714 |
| the appeal does not meet the requirements of division (B) of this | 66715 |
| section. | 66716 |
| (D) The board may reassign to the small claims docket any | 66717 |
| appeal originally assigned to the regular docket with the written | 66718 |
| consent of all the parties. | 66719 |
| (E) The board shall adopt rules to implement procedures to | 66720 |
| provide informal review of the taxpayers' appeals in the small | 66721 |
| claims division, which may include telephonic hearings. | 66722 |
| (F) A decision or order of the small claims division shall be | 66723 |
| conclusive as to all parties and may not be appealed, and shall be | 66724 |
| recorded in the journal required by division (C) of section | 66725 |
| 5703.02 of the Revised Code, but such a decision or order shall | 66726 |
| not be considered as precedent in any other case, hearing, or | 66727 |
| proceeding. | 66728 |
| (G) The appearance of an attorney at law licensed to practice | 66729 |
| law in this state on behalf of any party to an appeal assigned to | 66730 |
| the small claims docket is permitted but not required. A person | 66731 |
| other than a natural person, which is a real party in interest as | 66732 |
| taxpayer or claimant, or an entity that may participate by | 66733 |
| statute, may commence such an appeal or appear through an attorney | 66734 |
| at law licensed to practice law in this state. Such an | 66735 |
| organization may, through any bona fide officer, partner, member, | 66736 |
| trustee, or salaried employee, file and present its claim or | 66737 |
| defense in any appeal in the small claims division, provided the | 66738 |
| organization does not, in the absence of representation by an | 66739 |
| attorney at law licensed to practice law in this state, engage in | 66740 |
| cross-examination, argument, or other acts of advocacy. The board | 66741 |
| may provide by rule for additional guidelines applicable to | 66742 |
| practice before the board. | 66743 |
| Sec. 5703.052. (A) There is hereby created in the state | 66744 |
| treasury the tax refund fund, from which refunds shall be paid for | 66745 |
| taxes illegally or erroneously assessed or collected, or for any | 66746 |
| other reason overpaid, that are levied by Chapter 4301., 4305., | 66747 |
| 5726., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., | 66748 |
| 5748., 5749., 5751., or 5753. and sections 3737.71, 3905.35, | 66749 |
| 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and | 66750 |
| 5727.811 of the Revised Code. Refunds for fees illegally or | 66751 |
| erroneously assessed or collected, or for any other reason | 66752 |
| overpaid, that are levied by sections 3734.90 to 3734.9014 of the | 66753 |
| Revised Code also shall be paid from the fund. Refunds for amounts | 66754 |
| illegally or erroneously assessed or collected by the tax | 66755 |
| commissioner, or for any other reason overpaid, that are due under | 66756 |
| section 1509.50 of the Revised Code shall be paid from the fund. | 66757 |
| However, refunds for taxes levied under section 5739.101 of the | 66758 |
| Revised Code shall not be paid from the tax refund fund, but shall | 66759 |
| be paid as provided in section 5739.104 of the Revised Code. | 66760 |
| (B)(1) Upon certification by the tax commissioner to the | 66761 |
| treasurer of state of a tax refund, a fee refund, or an other | 66762 |
| amount refunded, or by the superintendent of insurance of a | 66763 |
| domestic or foreign insurance tax refund, the treasurer of state | 66764 |
| shall place the amount certified to the credit of the fund. The | 66765 |
| certified amount transferred shall be derived from current | 66766 |
| receipts of the same tax, fee, or other amount from which the | 66767 |
| refund arose. If current receipts from the tax, fee, or other | 66768 |
| amount from which the refund arose are inadequate to make the | 66769 |
| transfer of the amount so certified, the treasurer of state shall | 66770 |
| transfer such certified amount from current receipts of the sales | 66771 |
| tax levied by section 5739.02 of the Revised Code. | 66772 |
| (2) When the treasurer of state provides for the payment of a | 66773 |
| refund of a tax, fee, or other amount from the current receipts of | 66774 |
| the sales tax, and the refund is for a tax, fee, or other amount | 66775 |
| that is not levied by the state, the tax commissioner shall | 66776 |
| recover the amount of that refund from the next distribution of | 66777 |
| that tax, fee, or other amount that otherwise would be made to the | 66778 |
| taxing jurisdiction. If the amount to be recovered would exceed | 66779 |
| twenty-five per cent of the next distribution of that tax, fee, or | 66780 |
| other amount, the commissioner may spread the recovery over more | 66781 |
| than one future distribution, taking into account the amount to be | 66782 |
| recovered and the amount of the anticipated future distributions. | 66783 |
| In no event may the commissioner spread the recovery over a period | 66784 |
| to exceed twenty-four months. | 66785 |
| Sec. 5703.053. As used in this section, "postal service" | 66786 |
| means the United States postal service. | 66787 |
| An application to the tax commissioner for a tax refund under | 66788 |
| section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061, | 66789 |
| 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, | 66790 |
| 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the Revised Code | 66791 |
| or division (B) of section 5703.05 of the Revised Code, or a fee | 66792 |
| refunded under section 3734.905 of the Revised Code, that is | 66793 |
| received after the last day for filing under such section shall be | 66794 |
| considered to have been filed in a timely manner if: | 66795 |
| (A) The application is delivered by the postal service and | 66796 |
| the earliest postal service postmark on the cover in which the | 66797 |
| application is enclosed is not later than the last day for filing | 66798 |
| the application; | 66799 |
| (B) The application is delivered by the postal service, the | 66800 |
| only postmark on the cover in which the application is enclosed | 66801 |
| was affixed by a private postal meter, the date of that postmark | 66802 |
| is not later than the last day for filing the application, and the | 66803 |
| application is received within seven days of such last day; or | 66804 |
| (C) The application is delivered by the postal service, no | 66805 |
| postmark date was affixed to the cover in which the application is | 66806 |
| enclosed or the date of the postmark so affixed is not legible, | 66807 |
| and the application is received within seven days of the last day | 66808 |
| for making the application. | 66809 |
| Sec. 5703.061. The tax commissioner may cancel a debt owed to | 66810 |
| the state arising from any tax administered by the commissioner if | 66811 |
| the total amount of the debt does not exceed fifty dollars and if | 66812 |
| the debt consists only of unpaid taxes due for a single reporting | 66813 |
| period and of any penalty, interest, assessment, or other charge | 66814 |
| arising from such unpaid taxes. | 66815 |
| Sec. 5703.21. (A) Except as provided in divisions (B) and | 66816 |
| (C) of this section, no agent of the department of taxation, | 66817 |
| except in the agent's report to the department or when called on | 66818 |
| to testify in any court or proceeding, shall divulge any | 66819 |
| information acquired by the agent as to the transactions, | 66820 |
| property, or business of any person while acting or claiming to | 66821 |
| act under orders of the department. Whoever violates this | 66822 |
| provision shall thereafter be disqualified from acting as an | 66823 |
| officer or employee or in any other capacity under appointment or | 66824 |
| employment of the department. | 66825 |
| (B)(1) For purposes of an audit pursuant to section 117.15 of | 66826 |
| the Revised Code, or an audit of the department pursuant to | 66827 |
| Chapter 117. of the Revised Code, or an audit, pursuant to that | 66828 |
| chapter, the objective of which is to express an opinion on a | 66829 |
| financial report or statement prepared or issued pursuant to | 66830 |
| division (A)(7) or (9) of section 126.21 of the Revised Code, the | 66831 |
| officers and employees of the auditor of state charged with | 66832 |
| conducting the audit shall have access to and the right to examine | 66833 |
| any state tax returns and state tax return information in the | 66834 |
| possession of the department to the extent that the access and | 66835 |
| examination are necessary for purposes of the audit. Any | 66836 |
| information acquired as the result of that access and examination | 66837 |
| shall not be divulged for any purpose other than as required for | 66838 |
| the audit or unless the officers and employees are required to | 66839 |
| testify in a court or proceeding under compulsion of legal | 66840 |
| process. Whoever violates this provision shall thereafter be | 66841 |
| disqualified from acting as an officer or employee or in any other | 66842 |
| capacity under appointment or employment of the auditor of state. | 66843 |
| (2) For purposes of an internal audit pursuant to section | 66844 |
| 126.45 of the Revised Code, the officers and employees of the | 66845 |
| office of internal auditing in the office of budget and management | 66846 |
| charged with conducting the internal audit shall have access to | 66847 |
| and the right to examine any state tax returns and state tax | 66848 |
| return information in the possession of the department to the | 66849 |
| extent that the access and examination are necessary for purposes | 66850 |
| of the internal audit. Any information acquired as the result of | 66851 |
| that access and examination shall not be divulged for any purpose | 66852 |
| other than as required for the internal audit or unless the | 66853 |
| officers and employees are required to testify in a court or | 66854 |
| proceeding under compulsion of legal process. Whoever violates | 66855 |
| this provision shall thereafter be disqualified from acting as an | 66856 |
| officer or employee or in any other capacity under appointment or | 66857 |
| employment of the office of internal auditing. | 66858 |
| (3) As provided by section 6103(d)(2) of the Internal Revenue | 66859 |
| Code, any federal tax returns or federal tax information that the | 66860 |
| department has acquired from the internal revenue service, through | 66861 |
| federal and state statutory authority, may be disclosed to the | 66862 |
| auditor of state or the office of internal auditing solely for | 66863 |
| purposes of an audit of the department. | 66864 |
| (4) For purposes of Chapter 3739. of the Revised Code, an | 66865 |
| agent of the department of taxation may share information with the | 66866 |
| division of state fire marshal that the agent finds during the | 66867 |
| course of an investigation. | 66868 |
| (C) Division (A) of this section does not prohibit any of the | 66869 |
| following: | 66870 |
| (1) Divulging information contained in applications, | 66871 |
| complaints, and related documents filed with the department under | 66872 |
| section 5715.27 of the Revised Code or in applications filed with | 66873 |
| the department under section 5715.39 of the Revised Code; | 66874 |
| (2) Providing information to the office of child support | 66875 |
| within the department of job and family services pursuant to | 66876 |
| section 3125.43 of the Revised Code; | 66877 |
| (3) Disclosing to the board of motor vehicle collision repair | 66878 |
| registration any information in the possession of the department | 66879 |
| that is necessary for the board to verify the existence of an | 66880 |
| applicant's valid vendor's license and current state tax | 66881 |
| identification number under section 4775.07 of the Revised Code; | 66882 |
| (4) Providing information to the administrator of workers' | 66883 |
| compensation pursuant to sections 4123.271 and 4123.591 of the | 66884 |
| Revised Code; | 66885 |
| (5) Providing to the attorney general information the | 66886 |
| department obtains under division (J) of section 1346.01 of the | 66887 |
| Revised Code; | 66888 |
| (6) Permitting properly authorized officers, employees, or | 66889 |
| agents of a municipal corporation from inspecting reports or | 66890 |
| information pursuant to rules adopted under section 5745.16 of the | 66891 |
| Revised Code; | 66892 |
| (7) Providing information regarding the name, account number, | 66893 |
| or business address of a holder of a vendor's license issued | 66894 |
| pursuant to section 5739.17 of the Revised Code, a holder of a | 66895 |
| direct payment permit issued pursuant to section 5739.031 of the | 66896 |
| Revised Code, or a seller having a use tax account maintained | 66897 |
| pursuant to section 5741.17 of the Revised Code, or information | 66898 |
| regarding the active or inactive status of a vendor's license, | 66899 |
| direct payment permit, or seller's use tax account; | 66900 |
| (8) Releasing invoices or invoice information furnished under | 66901 |
| section 4301.433 of the Revised Code pursuant to that section; | 66902 |
| (9) Providing to a county auditor notices or documents | 66903 |
| concerning or affecting the taxable value of property in the | 66904 |
| county auditor's county. Unless authorized by law to disclose | 66905 |
| documents so provided, the county auditor shall not disclose such | 66906 |
| documents; | 66907 |
| (10) Providing to a county auditor sales or use tax return or | 66908 |
| audit information under section 333.06 of the Revised Code; | 66909 |
| (11) Subject to section 4301.441 of the Revised Code, | 66910 |
| disclosing to the appropriate state agency information in the | 66911 |
| possession of the department of taxation that is necessary to | 66912 |
| verify a permit holder's gallonage or noncompliance with taxes | 66913 |
| levied under Chapter 4301. or 4305. of the Revised Code; | 66914 |
| (12) Disclosing to the department of natural resources | 66915 |
| information in the possession of the department that is necessary | 66916 |
|
to verify the taxpayer's compliance with | 66917 |
| 66918 | |
| received pursuant to section 1509.50 of the Revised Code | 66919 |
| concerning the amount due under that section; | 66920 |
| (13) Disclosing to the department of job and family services, | 66921 |
| industrial commission, and bureau of workers' compensation | 66922 |
| information in the possession of the department of taxation solely | 66923 |
| for the purpose of identifying employers that misclassify | 66924 |
| employees as independent contractors or that fail to properly | 66925 |
| report and pay employer tax liabilities. The department of | 66926 |
| taxation shall disclose only such information that is necessary to | 66927 |
| verify employer compliance with law administered by those | 66928 |
| agencies. | 66929 |
| (14) Disclosing to the Ohio casino control commission | 66930 |
| information in the possession of the department of taxation that | 66931 |
| is necessary to verify a taxpayer's compliance with section | 66932 |
| 5753.02 of the Revised Code and sections related thereto. | 66933 |
| Sec. 5703.261. | 66934 |
| (1) "Instrument" has the same meaning as in section 1303.03 | 66935 |
| of the Revised Code. | 66936 |
| (2) "Financial transaction device" has the same meaning as in | 66937 |
| section 113.40 of the Revised Code. | 66938 |
| (B) If a taxpayer or employer required by any tax | 66939 |
| administered by the department of taxation to pay taxes, | 66940 |
| penalties, or interest makes payment of the taxes, penalties, or | 66941 |
|
interest with a | 66942 |
| instrument that is determined to be nonnegotiable, or with any | 66943 |
| financial transaction device that is declined, returned, or | 66944 |
| dishonored, a penalty of fifty dollars shall be added to the | 66945 |
| amount due. The penalty imposed by this section shall be assessed | 66946 |
| and collected in the same manner as the taxes, penalties, or | 66947 |
| interest. All or part of any penalty imposed under this section | 66948 |
| may be abated by the tax commissioner. | 66949 |
| Sec. 5703.37. (A)(1) Except as provided in division (B) of | 66950 |
| this section, whenever service of a notice or order is required in | 66951 |
| the manner provided in this section, a copy of the notice or order | 66952 |
| shall be served upon the person affected thereby either by | 66953 |
| personal service, by certified mail, or by a delivery service | 66954 |
| authorized under section 5703.056 of the Revised Code that | 66955 |
| notifies the tax commissioner of the date of delivery. | 66956 |
| (2) | 66957 |
| 66958 | |
| 66959 | |
| or order through one of the means provided in division (A)(1) of | 66960 |
| this section, the commissioner may serve a notice or order upon | 66961 |
| the person affected thereby through alternative means as provided | 66962 |
| in this section, including, but not limited to, delivery by secure | 66963 |
| electronic mail as provided in division (F) of this section. | 66964 |
| Delivery by such means satisfies the requirements for delivery | 66965 |
| under this section. | 66966 |
| (B)(1)(a) If certified mail is returned because of an | 66967 |
| undeliverable address, the commissioner shall first utilize | 66968 |
| reasonable means to ascertain a new last known address, including | 66969 |
| the use of a change of address service offered by the United | 66970 |
| States postal service or an authorized delivery service under | 66971 |
| section 5703.056 of the Revised Code. If, after using reasonable | 66972 |
| means, the commissioner is unable to ascertain a new last known | 66973 |
| address, the assessment is final for purposes of section 131.02 of | 66974 |
| the Revised Code sixty days after the notice or order sent by | 66975 |
| certified mail is first returned to the commissioner, and the | 66976 |
| commissioner shall certify the notice or order, if applicable, to | 66977 |
| the attorney general for collection under section 131.02 of the | 66978 |
| Revised Code. | 66979 |
| (b) Notwithstanding certification to the attorney general | 66980 |
| under division (B)(1)(a) of this section, once the commissioner or | 66981 |
| attorney general, or the designee of either, makes an initial | 66982 |
| contact with the person to whom the notice or order is directed, | 66983 |
| the person may protest an assessment by filing a petition for | 66984 |
| reassessment within sixty days after the initial contact. The | 66985 |
| certification of an assessment under division (B)(1)(a) of this | 66986 |
| section is prima-facie evidence that delivery is complete and that | 66987 |
| the notice or order is served. | 66988 |
| (2) If mailing of a notice or order by certified mail is | 66989 |
| returned for some cause other than an undeliverable address, the | 66990 |
| 66991 | |
| mail. The notice or order shall show the date the commissioner | 66992 |
| sends the notice or order and include the following statement: | 66993 |
| "This notice or order is deemed to be served on the addressee | 66994 |
| under applicable law ten days from the date this notice or order | 66995 |
| was mailed by the commissioner as shown on the notice or order, | 66996 |
| and all periods within which an appeal may be filed apply from and | 66997 |
| after that date." | 66998 |
| Unless the mailing is returned because of an undeliverable | 66999 |
| address, the mailing of that information is prima-facie evidence | 67000 |
| that delivery of the notice or order was completed ten days after | 67001 |
| the commissioner sent the notice or order by ordinary mail and | 67002 |
| that the notice or order was served. | 67003 |
| If the ordinary mail is subsequently returned because of an | 67004 |
| undeliverable address, the commissioner shall proceed under | 67005 |
| division (B)(1)(a) of this section. A person may challenge the | 67006 |
| presumption of delivery and service under this division in | 67007 |
| accordance with division (C) of this section. | 67008 |
| (C)(1) A person disputing the presumption of delivery and | 67009 |
| service under division (B) of this section bears the burden of | 67010 |
| proving by a preponderance of the evidence that the address to | 67011 |
| which the notice or order was sent was not an address with which | 67012 |
| the person was associated at the time the commissioner originally | 67013 |
| mailed the notice or order by certified mail. For the purposes of | 67014 |
| this section, a person is associated with an address at the time | 67015 |
| the commissioner originally mailed the notice or order if, at that | 67016 |
| time, the person was residing, receiving legal documents, or | 67017 |
| conducting business at the address; or if, before that time, the | 67018 |
| person had conducted business at the address and, when the notice | 67019 |
| or order was mailed, the person's agent or the person's affiliate | 67020 |
| was conducting business at the address. For the purposes of this | 67021 |
| section, a person's affiliate is any other person that, at the | 67022 |
| time the notice or order was mailed, owned or controlled at least | 67023 |
| twenty per cent, as determined by voting rights, of the | 67024 |
| addressee's business. | 67025 |
| (2) If the person elects to protest an assessment certified | 67026 |
| to the attorney general for collection, the person must do so | 67027 |
| within sixty days after the attorney general's initial contact | 67028 |
| with the person. The attorney general may enter into a compromise | 67029 |
| with the person under sections 131.02 and 5703.06 of the Revised | 67030 |
| Code if the person does not file a petition for reassessment with | 67031 |
|
the | 67032 |
| (D) Nothing in this section prohibits the | 67033 |
| the commissioner's designee from delivering a notice or order by | 67034 |
| personal service. | 67035 |
| (E) Collection actions taken pursuant to section 131.02 of | 67036 |
| the Revised Code upon any assessment being challenged under | 67037 |
| division (B)(1)(b) of this section shall be stayed upon the | 67038 |
| pendency of an appeal under this section. If a petition for | 67039 |
| reassessment is filed pursuant to this section on a claim that has | 67040 |
| been certified to the attorney general for collection, the claim | 67041 |
| shall be uncertified. | 67042 |
| (F) The commissioner may serve a notice or order upon the | 67043 |
| person affected by the notice or order through secure electronic | 67044 |
| means only with the person's consent. The commissioner must inform | 67045 |
| the recipient, electronically or by mail, that a notice or order | 67046 |
| is available for electronic review and provide instructions to | 67047 |
| access and print the notice or order. The recipient's electronic | 67048 |
| access of the notice or order satisfies the requirements for | 67049 |
| delivery under this section. If the recipient fails to access the | 67050 |
| notice or order electronically within ten business days, the | 67051 |
| notice or order shall be served upon the person through one of the | 67052 |
| means provided in division (A)(1) of this section. | 67053 |
| (G) As used in this section: | 67054 |
| (1) "Last known address" means the address the department has | 67055 |
| at the time the document is originally sent by certified mail, or | 67056 |
| any address the department can ascertain using reasonable means | 67057 |
| such as the use of a change of address service offered by the | 67058 |
| United States postal service or an authorized delivery service | 67059 |
| under section 5703.056 of the Revised Code. | 67060 |
| (2) "Undeliverable address" means an address to which the | 67061 |
| United States postal service or an authorized delivery service | 67062 |
| under section 5703.056 of the Revised Code is not able to deliver | 67063 |
| a notice or order, except when the reason for nondelivery is | 67064 |
| because the addressee fails to acknowledge or accept the notice or | 67065 |
| order. | 67066 |
| Sec. 5703.47. (A) As used in this section, "federal | 67067 |
| short-term rate" means the rate of the average market yield on | 67068 |
| outstanding marketable obligations of the United States with | 67069 |
| remaining periods to maturity of three years or less, as | 67070 |
| determined under section 1274 of the "Internal Revenue Code of | 67071 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1274, for July of the current | 67072 |
| year. | 67073 |
| (B) On the fifteenth day of October of each year, the tax | 67074 |
| commissioner shall determine the federal short-term rate. For | 67075 |
| purposes of any section of the Revised Code requiring interest to | 67076 |
| be computed at the rate per annum required by this section, the | 67077 |
| rate determined by the commissioner under this section, rounded to | 67078 |
|
the nearest whole number per cent, plus | 67079 |
| be the interest rate per annum used in making the computation for | 67080 |
|
interest that accrues during the following calendar year. | 67081 |
| 67082 | |
| 67083 | |
| 67084 | |
| 67085 |
| (C) Within ten days after the interest rate per annum is | 67086 |
| determined under this section, the tax commissioner shall notify | 67087 |
|
the auditor of each county | 67088 |
| Sec. 5703.70. (A) On the filing of an application for refund | 67089 |
| under section 3734.905, 4307.05, 4307.07, 5726.30, 5727.28, | 67090 |
| 5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, | 67091 |
| 5735.142, 5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, | 67092 |
| 5743.53, 5749.08, 5751.08, or 5753.06 of the Revised Code, or an | 67093 |
| application for compensation under section 5739.061 of the Revised | 67094 |
| Code, if the tax commissioner determines that the amount of the | 67095 |
| refund or compensation to which the applicant is entitled is less | 67096 |
| than the amount claimed in the application, the commissioner shall | 67097 |
| give the applicant written notice by ordinary mail of the amount. | 67098 |
| The notice shall be sent to the address shown on the application | 67099 |
| unless the applicant notifies the commissioner of a different | 67100 |
| address. The applicant shall have sixty days from the date the | 67101 |
| commissioner mails the notice to provide additional information to | 67102 |
| the commissioner or request a hearing, or both. | 67103 |
| (B) If the applicant neither requests a hearing nor provides | 67104 |
| additional information to the tax commissioner within the time | 67105 |
| prescribed by division (A) of this section, the commissioner shall | 67106 |
| take no further action, and the refund or compensation amount | 67107 |
| denied becomes final. | 67108 |
| (C)(1) If the applicant requests a hearing within the time | 67109 |
| prescribed by division (A) of this section, the tax commissioner | 67110 |
| shall assign a time and place for the hearing and notify the | 67111 |
| applicant of such time and place, but the commissioner may | 67112 |
| continue the hearing from time to time as necessary. After the | 67113 |
| hearing, the commissioner may make such adjustments to the refund | 67114 |
| or compensation as the commissioner finds proper, and shall issue | 67115 |
| a final determination thereon. | 67116 |
| (2) If the applicant does not request a hearing, but provides | 67117 |
| additional information, within the time prescribed by division (A) | 67118 |
| of this section, the commissioner shall review the information, | 67119 |
| make such adjustments to the refund or compensation as the | 67120 |
| commissioner finds proper, and issue a final determination | 67121 |
| thereon. | 67122 |
| (3) The commissioner shall serve a copy of the final | 67123 |
| determination made under division (C)(1) or (2) of this section on | 67124 |
| the applicant in the manner provided in section 5703.37 of the | 67125 |
| Revised Code, and the decision is final, subject to appeal under | 67126 |
| section 5717.02 of the Revised Code. | 67127 |
| (D) The tax commissioner shall certify to the director of | 67128 |
| budget and management and treasurer of state for payment from the | 67129 |
| tax refund fund created by section 5703.052 of the Revised Code, | 67130 |
| the amount of the refund to be refunded under division (B) or (C) | 67131 |
| of this section. The commissioner also shall certify to the | 67132 |
| director and treasurer of state for payment from the general | 67133 |
| revenue fund the amount of compensation to be paid under division | 67134 |
| (B) or (C) of this section. | 67135 |
| Sec. 5705.27. There is hereby created in each county a | 67136 |
| county budget commission consisting of the county auditor, the | 67137 |
| county treasurer, and the prosecuting attorney. Upon petition | 67138 |
| filed with the board of elections, signed by the number of | 67139 |
| electors of the county equal in amount to three per cent of the | 67140 |
| total number of votes cast for governor at the most recent | 67141 |
| election therefor, there shall be submitted to the electors of the | 67142 |
| county at the next general election occurring not sooner than | 67143 |
| ninety days after the filing of the petition, the question "Shall | 67144 |
| the county budget commission consist of two additional members to | 67145 |
| be elected from the county?" Provision shall be made on the ballot | 67146 |
| for the election from the county at large of two additional | 67147 |
| members of the county budget commission who shall be electors of | 67148 |
| the county if a majority of the electors voting on the question | 67149 |
| shall have voted in the affirmative. In such counties, where the | 67150 |
| electors have voted in the affirmative, the county budget | 67151 |
| commission shall consist of such two elected members in addition | 67152 |
| to the county auditor, the county treasurer and the prosecuting | 67153 |
| attorney. Such members, who shall not hold any other public | 67154 |
|
office, shall serve for a term of four years. | 67155 |
| The commission shall meet at the office of the county auditor | 67156 |
| 67157 | |
| Monday in August, annually, and shall complete its work on or | 67158 |
| before the first day of September, annually, unless for good cause | 67159 |
|
the tax commissioner extends the time for completing the work. | 67160 |
| The commission shall meet at the call of the county auditor to | 67161 |
| hold a hearing not later than forty days following the deposit of | 67162 |
| any money into an oil and gas escrow fund created under section | 67163 |
| 321.49 of the Revised Code from the fee paid by an owner of a | 67164 |
| horizontal well under division (K) of section 1509.06 of the | 67165 |
| Revised Code for the purpose of distributing such money to taxing | 67166 |
| units in accordance with division (G) of section 5705.32 of the | 67167 |
| Revised Code. At least thirty days before the date of the hearing, | 67168 |
| the auditor shall notify the taxing authorities of all taxing | 67169 |
| units that levy a property tax in the taxing district in which the | 67170 |
| horizontal well is located that money has been deposited in the | 67171 |
| oil and gas escrow fund and that each taxing authority receiving | 67172 |
| notice may appear and testify to demonstrate the taxing unit's | 67173 |
| need, if any, for such money to defray costs associated with the | 67174 |
| presence of the horizontal well. If the fees have been deposited | 67175 |
| in the oil and gas escrow fund from owners of horizontal wells | 67176 |
| located in the same taxing district, the total amount of fees from | 67177 |
| wells in that taxing district shall be considered for distribution | 67178 |
| at the hearing and the auditor shall only give one notification to | 67179 |
| each taxing authority of each taxing unit that levies a property | 67180 |
| tax in that taxing district. The notification shall require a | 67181 |
| taxing authority to respond within fifteen days after the auditor | 67182 |
| sends the notification to the taxing units notifying the auditor | 67183 |
| that a representative of the taxing authority will appear and give | 67184 |
| testimony or evidence at the hearing. If no taxing authority | 67185 |
| responds within this period, the commission may cancel the | 67186 |
| scheduled hearing. Within five days after the commission cancels | 67187 |
| the hearing, the auditor shall notify the county treasurer, who | 67188 |
| shall distribute money in the fund from horizontal wells in that | 67189 |
| taxing district that were to be the subject of the hearing in | 67190 |
| accordance with division (G)(2) of section 5705.32 of the Revised | 67191 |
| Code. | 67192 |
| A majority of members shall constitute a quorum, provided | 67193 |
| that no action of the commission shall be valid unless agreed to | 67194 |
| by a majority of the members of the commission. The auditor shall | 67195 |
| be the secretary of the commission and shall keep a full and | 67196 |
|
accurate record of all proceedings. | 67197 |
| The county auditor shall appoint | 67198 |
| as the commission deems necessary, and the budget commissioners | 67199 |
| shall be allowed their actual and necessary expenses. The elected | 67200 |
| members of the commission shall also receive twenty dollars for | 67201 |
| each day in attendance at commission meetings and in discharge of | 67202 |
| official duties. Any vacancy among such elected members shall be | 67203 |
|
filled by the presiding judge of the court of common pleas. | 67204 |
| In adjusting the rates of taxation and fixing the amount of | 67205 |
| taxes to be levied each year, the commissioners shall be governed | 67206 |
| by the amount of the taxable property shown on the auditor's tax | 67207 |
| list for the current year; provided that if the auditor's tax list | 67208 |
| has not been completed, the auditor shall estimate, as nearly as | 67209 |
| practicable, the amount of the taxable property for such year, and | 67210 |
| such officers shall be governed by such estimate. | 67211 |
| In any county in which two members of the commission are | 67212 |
| elected, upon petition filed with the board of elections, signed | 67213 |
| by the number of electors of the county equal in amount to three | 67214 |
| per cent of the votes cast for governor at the most recent | 67215 |
| election therefor, there shall be submitted to the electors of the | 67216 |
| county at the next general election occurring not sooner than | 67217 |
| ninety days after the filing of the petition, the question "Shall | 67218 |
| the elected members be eliminated from the county budget | 67219 |
| commission?" If the majority of the electors voting thereon shall | 67220 |
| have voted in the affirmative, the county budget commission shall | 67221 |
| consist solely of the county auditor, the county treasurer, and | 67222 |
| the prosecuting attorney. | 67223 |
| Sec. 5705.32. (A) The county budget commission shall adjust | 67224 |
| the estimated amounts required from the general property tax for | 67225 |
| each fund, as shown by the tax budgets or other information | 67226 |
| required to be provided under section 5705.281 of the Revised | 67227 |
| Code, so as to bring the tax levies required therefor within the | 67228 |
| limitations specified in sections 5705.01 to 5705.47 of the | 67229 |
| Revised Code, for such levies, but no levy shall be reduced below | 67230 |
| a minimum fixed by law. The commission may revise and adjust the | 67231 |
| estimate of balances and receipts from all sources for each fund | 67232 |
| and shall determine the total appropriations that may be made | 67233 |
| therefrom. | 67234 |
| (B) The commission shall fix the amount of the county public | 67235 |
| library fund to be distributed to each board of public library | 67236 |
| trustees that has qualified under section 5705.28 of the Revised | 67237 |
| Code for participation in the proceeds of such fund. The amount | 67238 |
| paid to all libraries in the county from such fund shall never be | 67239 |
| a smaller per cent of the fund than the average of the percentages | 67240 |
| of the county's classified taxes that were distributed to | 67241 |
| libraries in 1982, 1983, and 1984, as determined by the county | 67242 |
| auditor. The commission shall base the amount for distribution on | 67243 |
| the needs of such library for the construction of new library | 67244 |
| buildings, parts of buildings, improvements, operation, | 67245 |
| maintenance, or other expenses. In determining the needs of each | 67246 |
| library board of trustees, and in calculating the amount to be | 67247 |
| distributed to any library board of trustees on the basis of its | 67248 |
| needs, the commission shall make no reduction in its allocation | 67249 |
| from the fund on account of additional revenues realized by a | 67250 |
| library from increased taxes or service charges voted by its | 67251 |
| electorate, from revenues received through federal or state | 67252 |
| grants, projects, or programs, or from grants from private | 67253 |
| sources. | 67254 |
| (C) Notwithstanding the fact that alternative methods of | 67255 |
| financing such needs are available, after fixing the amount to be | 67256 |
| distributed to libraries, the commission shall fix the amount, if | 67257 |
| any, of the county public library fund to be distributed to each | 67258 |
| board of township park commissioners, the county, and each | 67259 |
| municipal corporation in accordance with the following: | 67260 |
| (1) Each municipal corporation in the county shall receive a | 67261 |
| per cent of the remainder that equals the per cent that the county | 67262 |
| auditor determines the classified property taxes originating in | 67263 |
| such municipal corporation in 1984 were of the total of all of the | 67264 |
| county's classified property taxes in 1984. The commission may | 67265 |
| deduct from this amount any amount that the budget commission | 67266 |
| allows to the board of township park commissioners of a township | 67267 |
| park district, the boundaries of which are coextensive with or | 67268 |
| contained within the boundaries of the municipal corporation. | 67269 |
| (2) The county shall receive a per cent of the remainder that | 67270 |
| equals the per cent that the county auditor determines the | 67271 |
| classified property taxes originating outside of the boundaries of | 67272 |
| municipal corporations in the county in 1984 were of the total of | 67273 |
| all of the county's classified property taxes in 1984. The | 67274 |
| commission may deduct from this amount any amount that the budget | 67275 |
| commission allows to the board of township park commissioners of a | 67276 |
| township park district, the boundaries of which are not | 67277 |
| coextensive with or contained within those of any municipal | 67278 |
| corporation in the county. | 67279 |
| (D) The commission shall separately set forth the amounts | 67280 |
| fixed and determined under divisions (B) and (C) of this section | 67281 |
| in the "official certificate of estimated resources," as provided | 67282 |
| in section 5705.35 of the Revised Code, and separately certify | 67283 |
| such amount to the county auditor who shall be guided thereby in | 67284 |
| the distribution of the county public library fund for and during | 67285 |
| the fiscal year. In determining such amounts, the commission shall | 67286 |
| be guided by the estimate certified by the tax commissioner and | 67287 |
| presented by the auditor under section 5705.31 of the Revised | 67288 |
| Code, as to the total amount of revenue to be received in the | 67289 |
| county public library fund during such fiscal year. | 67290 |
| (E)(1) At least five days before the date of any meeting at | 67291 |
| which the budget commission plans to discuss the distribution of | 67292 |
| the county public library fund, it shall notify each legislative | 67293 |
| authority and board of public library trustees, county | 67294 |
| commissioners, and township park commissioners eligible to | 67295 |
| participate in the distribution of the fund of the date, time, | 67296 |
| place, and agenda for the meeting. Any legislative authority or | 67297 |
| board entitled to notice under this division may designate an | 67298 |
| officer or employee of such legislative authority or board to whom | 67299 |
| the commission shall deliver the notice. | 67300 |
| (2) Before the final determination of the amount to be | 67301 |
| allotted to each subdivision from any source, the commission shall | 67302 |
| permit representatives of each subdivision and of each board of | 67303 |
| public library trustees to appear before it to explain its | 67304 |
| financial needs. | 67305 |
| (F) If any public library receives and expends any funds | 67306 |
| allocated to it under this section for the construction of new | 67307 |
| library buildings or parts of buildings, such library shall be | 67308 |
| free and open to the inhabitants of the county in which it is | 67309 |
| located. Any board of library trustees that receives funds under | 67310 |
| this section and section 5747.48 of the Revised Code shall have | 67311 |
| its financial records open for public inspection at all reasonable | 67312 |
| times. | 67313 |
| (G)(1) The commission may decide to distribute money in an | 67314 |
| oil and gas escrow fund created under section 321.49 of the | 67315 |
| Revised Code after holding a hearing as authorized in section | 67316 |
| 5705.27 of the Revised Code. A representative of a taxing | 67317 |
| authority that has received notice of such hearing from the county | 67318 |
| auditor may appear and give testimony and evidence demonstrating | 67319 |
| the need of the taxing unit for money from the fund to defray | 67320 |
| costs to the taxing unit from the horizontal well or wells in that | 67321 |
| taxing district for which the fee was paid under division (K) of | 67322 |
| section 1509.06 of the Revised Code. | 67323 |
| At the conclusion of the hearing, the commission may issue an | 67324 |
| order distributing the money attributable to that taxing district | 67325 |
| in the oil and gas escrow fund to taxing units on the basis of the | 67326 |
| relationship of each taxing unit's request to the overall impact | 67327 |
| of the horizontal well or wells on the taxing unit and the | 67328 |
| estimate of the cost to defray that impact. The commission shall | 67329 |
| state in its order the funds of a taxing unit into which such | 67330 |
| money shall be deposited. An order of the commission under this | 67331 |
| division may be appealed to the board of tax appeals not later | 67332 |
| than thirty days following the issuance of the order. | 67333 |
| After the expiration of the period of time for appealing an | 67334 |
| order issued by the commission under this division, the county | 67335 |
| treasurer shall distribute money in the oil and gas escrow fund | 67336 |
| that was the subject of the hearing to the designated funds of | 67337 |
| taxing units in accordance with the order of the commission. Money | 67338 |
| received by a taxing unit under this division shall be repaid by | 67339 |
| the taxing unit to the owner of each horizontal well in accordance | 67340 |
| with section 5705.52 of the Revised Code. | 67341 |
| (2) If, after the hearing, the commission decides not to | 67342 |
| issue an order distributing money from the oil and gas escrow fund | 67343 |
| to taxing units, the county auditor shall notify the county | 67344 |
| treasurer. The county treasurer shall distribute money in the fund | 67345 |
| attributable to that taxing district as follows: | 67346 |
| (a) Sixty per cent to the board of county commissioners; | 67347 |
| (b) Forty per cent to the board of township trustees of the | 67348 |
| township in which the horizontal well or wells are located for | 67349 |
| which the fee was paid under division (K) of section 1509.06 of | 67350 |
| the Revised Code. | 67351 |
| A board of county commissioners or board of township trustees | 67352 |
| may deposit money received by the county or township under this | 67353 |
| division into any fund of the county or township, respectively. | 67354 |
| Such money shall be repaid by the county or township to the owner | 67355 |
| of each horizontal well in accordance with section 5705.52 of the | 67356 |
| Revised Code. | 67357 |
| Sec. 5705.392. (A) A board of county commissioners may adopt | 67358 |
| as a part of its annual appropriation measure a spending plan, or | 67359 |
| in the case of an amended appropriation measure, an amended | 67360 |
| spending plan, setting forth a quarterly schedule of expenses and | 67361 |
| expenditures of all appropriations for the fiscal year from the | 67362 |
| county general fund. The spending plan shall be classified to set | 67363 |
| forth separately a quarterly schedule of expenses and expenditures | 67364 |
| for each office, department, and division, and within each, the | 67365 |
| amount appropriated for personal services. Each office, | 67366 |
| department, and division shall be limited in its expenses and | 67367 |
| expenditures of moneys appropriated from the general fund during | 67368 |
| any quarter by the schedule established in the spending plan. The | 67369 |
| schedule established in the spending plan shall serve as a | 67370 |
| limitation during a quarter on the making of contracts and giving | 67371 |
| of orders involving the expenditure of money during that quarter | 67372 |
| for purposes of division (D) of section 5705.41 of the Revised | 67373 |
| Code. | 67374 |
| (B)(1) A board of county commissioners, by resolution, may | 67375 |
| adopt a spending plan or an amended spending plan setting forth | 67376 |
| separately a quarterly schedule of expenses and expenditures of | 67377 |
| appropriations from any county fund, except as provided in | 67378 |
| division (C) of this section, for the second half of a fiscal year | 67379 |
| and any subsequent fiscal year, for any county office, department, | 67380 |
| or division that has spent or encumbered more than six-tenths of | 67381 |
| the amount appropriated for personal services and payrolls during | 67382 |
| the first half of any fiscal year. | 67383 |
| (2) During any fiscal year, a board of county commissioners, | 67384 |
| by resolution, may adopt a spending plan or an amended spending | 67385 |
| plan setting forth separately a quarterly schedule of expenses and | 67386 |
| expenditures of appropriations from any county fund, except as | 67387 |
| provided in division (C) of this section, for any county office, | 67388 |
| department, or division that, during the previous fiscal year, | 67389 |
| spent one hundred ten per cent or more of the total amount | 67390 |
| appropriated for personal services and payrolls by the board in | 67391 |
| its annual appropriation measure required by section 5705.38 of | 67392 |
| the Revised Code. The spending plan or amended spending plan shall | 67393 |
|
remain in effect for not more than two fiscal years | 67394 |
|
if the | 67395 |
|
division for which the plan was adopted is | 67396 |
| 67397 | |
| 67398 | |
| plan shall not be in effect during a fiscal year in which that | 67399 |
| elected official is no longer the administrator of that office, | 67400 |
| department, or division. | 67401 |
| (3) At least thirty days before adopting a resolution under | 67402 |
| division (B)(1) or (2) of this section, the board of county | 67403 |
| commissioners shall provide written notice to each county office, | 67404 |
| department, or division for which it intends to adopt a spending | 67405 |
| plan or an amended spending plan. The notice shall be sent by | 67406 |
| regular first class mail or provided by personal service, and | 67407 |
| shall include a copy of the proposed spending plan or proposed | 67408 |
| amended spending plan. The county office, department, or division | 67409 |
| may meet with the board at any regular session of the board to | 67410 |
| comment on the notice, or to express concerns or ask questions | 67411 |
| about the proposed spending plan or proposed amended spending | 67412 |
| plan. | 67413 |
| (C) Division (B) of this section shall not apply to any fund | 67414 |
| that is subject to rules adopted by the tax commissioner under | 67415 |
| division (O) of section 5703.05 of the Revised Code. | 67416 |
| Sec. 5705.52. (A) As used in this section, "current taxes" | 67417 |
| means taxes charged on the tax list of real and public utility | 67418 |
| property for a tax year that have not appeared on the list for a | 67419 |
| preceding tax year. "Current taxes" does not include penalty or | 67420 |
| interest charged for a preceding tax year or special assessments. | 67421 |
| (B) A taxing unit that receives money from an oil and gas | 67422 |
| escrow fund under division (G) of section 5705.32 of the Revised | 67423 |
| Code shall repay to the owner of each horizontal well that paid | 67424 |
| the fee required by division (K) of section 1509.06 of the Revised | 67425 |
| Code an amount equal to the amount of money the taxing unit | 67426 |
| received from the oil and gas escrow fund on the basis of each | 67427 |
| owner's well. Interest shall not accrue on any unpaid balance. | 67428 |
| Once per tax year, beginning with the tax year following the | 67429 |
| tax year in which the taxing unit receives such money, the fiscal | 67430 |
| officer of the taxing unit shall pay to each owner of such well an | 67431 |
| amount equal to fifty per cent of current taxes paid by the owner | 67432 |
| for the preceding tax year for oil and gas reserves resulting from | 67433 |
| the production of the owner's horizontal well and valued in | 67434 |
| accordance with section 5713.052 of the Revised Code to the extent | 67435 |
| those taxes were payable to that taxing unit for the tax year. | 67436 |
| Except as provided in division (C) of this section, the fiscal | 67437 |
| officer shall make such payments to an owner until the sum of such | 67438 |
| payments equals the amount the taxing unit received from the oil | 67439 |
| and gas escrow fund on the basis of that owner's horizontal well. | 67440 |
| If a payment would cause the total amount paid to any owner to | 67441 |
| exceed the amount of money the taxing unit received from the oil | 67442 |
| and gas escrow fund on the basis of that owner's well, the fiscal | 67443 |
| officer shall pay the owner only up to this amount. | 67444 |
| The fiscal officer shall draw such payments from the fund or | 67445 |
| funds of the taxing unit to which money from the oil and gas | 67446 |
| escrow fund were deposited in proportion to the amount deposited | 67447 |
| in each fund. If insufficient money exists in a fund such that the | 67448 |
| amount of the payment that is required to be paid from that fund | 67449 |
| cannot fully be paid from the fund, the fiscal officer shall pay | 67450 |
| the deficiency from the general fund of the taxing unit. | 67451 |
| (C) If, for a tax year, an owner that the fiscal officer is | 67452 |
| required to pay under this section does not pay current taxes on | 67453 |
| oil and gas reserves from the production of the owner's horizontal | 67454 |
| well, the fiscal officer shall make no payment to the owner in the | 67455 |
| succeeding tax year. | 67456 |
| Sec. 5707.03. Annual taxes are hereby levied on the kinds of | 67457 |
| intangible property, enumerated in this section, on the intangible | 67458 |
| property tax list in the office of the treasurer of state at the | 67459 |
| following rates: | 67460 |
| (A) On investments, five per cent of income yield or of | 67461 |
| income as provided by section 5711.10 of the Revised Code for the | 67462 |
| 1983, 1984, and 1985 return years and no tax for subsequent return | 67463 |
| years; | 67464 |
| (B) On unproductive investments, two mills on the dollar for | 67465 |
| the 1983, 1984, and 1985 return years and no tax for subsequent | 67466 |
| return years; | 67467 |
| (C) On deposits, one and three-eighths mills on the dollar | 67468 |
| for the 1982 and 1983 return years and no tax for subsequent | 67469 |
| return years; | 67470 |
| (D) On shares of, and capital employed by, dealers in | 67471 |
| intangibles, eight mills on the dollar for return years prior to | 67472 |
| 2014 and no tax under this section for subsequent return years; | 67473 |
| (E) On money, credits, and all other taxable intangibles, | 67474 |
| three mills on the dollar for the 1983, 1984, and 1985 return | 67475 |
| years and no tax for subsequent return years. | 67476 |
| The object and distribution of such taxes shall be as | 67477 |
| provided in section 5725.24 of the Revised Code. | 67478 |
| Sec. 5709.12. (A) As used in this section, "independent | 67479 |
| living facilities" means any residential housing facilities and | 67480 |
| related property that are not a nursing home, residential care | 67481 |
|
facility, or | 67482 |
| division (A) of section 5701.13 of the Revised Code. | 67483 |
| (B) Lands, houses, and other buildings belonging to a county, | 67484 |
| township, or municipal corporation and used exclusively for the | 67485 |
| accommodation or support of the poor, or leased to the state or | 67486 |
| any political subdivision for public purposes shall be exempt from | 67487 |
| taxation. Real and tangible personal property belonging to | 67488 |
| institutions that is used exclusively for charitable purposes | 67489 |
| shall be exempt from taxation, including real property belonging | 67490 |
| to an institution that is a nonprofit corporation that receives a | 67491 |
| grant under the Thomas Alva Edison grant program authorized by | 67492 |
| division (C) of section 122.33 of the Revised Code at any time | 67493 |
| during the tax year and being held for leasing or resale to | 67494 |
| others. If, at any time during a tax year for which such property | 67495 |
| is exempted from taxation, the corporation ceases to qualify for | 67496 |
| such a grant, the director of development shall notify the tax | 67497 |
| commissioner, and the tax commissioner shall cause the property to | 67498 |
| be restored to the tax list beginning with the following tax year. | 67499 |
| All property owned and used by a nonprofit organization | 67500 |
| exclusively for a home for the aged, as defined in section 5701.13 | 67501 |
| of the Revised Code, also shall be exempt from taxation. | 67502 |
| (C)(1) If a home for the aged described in division (B)(1) of | 67503 |
| section 5701.13 of the Revised Code is operated in conjunction | 67504 |
| with or at the same site as independent living facilities, the | 67505 |
| exemption granted in division (B) of this section shall include | 67506 |
| kitchen, dining room, clinic, entry ways, maintenance and storage | 67507 |
| areas, and land necessary for access commonly used by both | 67508 |
| residents of the home for the aged and residents of the | 67509 |
| independent living facilities. Other facilities commonly used by | 67510 |
| both residents of the home for the aged and residents of | 67511 |
| independent living units shall be exempt from taxation only if the | 67512 |
| other facilities are used primarily by the residents of the home | 67513 |
| for the aged. Vacant land currently unused by the home, and | 67514 |
| independent living facilities and the lands connected with them | 67515 |
| are not exempt from taxation. Except as provided in division | 67516 |
| (A)(1) of section 5709.121 of the Revised Code, property of a home | 67517 |
| leased for nonresidential purposes is not exempt from taxation. | 67518 |
| (2) Independent living facilities are exempt from taxation if | 67519 |
| they are operated in conjunction with or at the same site as a | 67520 |
| home for the aged described in division (B)(2) of section 5701.13 | 67521 |
| of the Revised Code; operated by a corporation, association, or | 67522 |
| trust described in division (B)(1)(b) of that section; operated | 67523 |
| exclusively for the benefit of members of the corporation, | 67524 |
| association, or trust who are retired, aged, or infirm; and | 67525 |
| provided to those members without charge in consideration of their | 67526 |
| service, without compensation, to a charitable, religious, | 67527 |
| fraternal, or educational institution. For the purposes of | 67528 |
| division (C)(2) of this section, "compensation" does not include | 67529 |
| furnishing room and board, clothing, health care, or other | 67530 |
| necessities, or stipends or other de minimis payments to defray | 67531 |
| the cost thereof. | 67532 |
| (D)(1) A private corporation established under federal law, | 67533 |
| defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629, as | 67534 |
| amended, the objects of which include encouraging the advancement | 67535 |
| of science generally, or of a particular branch of science, the | 67536 |
| promotion of scientific research, the improvement of the | 67537 |
| qualifications and usefulness of scientists, or the increase and | 67538 |
| diffusion of scientific knowledge is conclusively presumed to be a | 67539 |
| charitable or educational institution. A private corporation | 67540 |
| established as a nonprofit corporation under the laws of a state, | 67541 |
| that is exempt from federal income taxation under section | 67542 |
| 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 | 67543 |
| U.S.C.A. 1, as amended, and has as its principal purpose one or | 67544 |
| more of the foregoing objects, also is conclusively presumed to be | 67545 |
| a charitable or educational institution. | 67546 |
| The fact that an organization described in this division | 67547 |
| operates in a manner that results in an excess of revenues over | 67548 |
| expenses shall not be used to deny the exemption granted by this | 67549 |
| section, provided such excess is used, or is held for use, for | 67550 |
| exempt purposes or to establish a reserve against future | 67551 |
| contingencies; and, provided further, that such excess may not be | 67552 |
| distributed to individual persons or to entities that would not be | 67553 |
| entitled to the tax exemptions provided by this chapter. Nor shall | 67554 |
| the fact that any scientific information diffused by the | 67555 |
| organization is of particular interest or benefit to any of its | 67556 |
| individual members be used to deny the exemption granted by this | 67557 |
| section, provided that such scientific information is available to | 67558 |
| the public for purchase or otherwise. | 67559 |
| (2) Division (D)(2) of this section does not apply to real | 67560 |
| property exempted from taxation under this section and division | 67561 |
| (A)(3) of section 5709.121 of the Revised Code and belonging to a | 67562 |
| nonprofit corporation described in division (D)(1) of this section | 67563 |
| that has received a grant under the Thomas Alva Edison grant | 67564 |
| program authorized by division (C) of section 122.33 of the | 67565 |
| Revised Code during any of the tax years the property was exempted | 67566 |
| from taxation. | 67567 |
| When a private corporation described in division (D)(1) of | 67568 |
| this section sells all or any portion of a tract, lot, or parcel | 67569 |
| of real estate that has been exempt from taxation under this | 67570 |
| section and section 5709.121 of the Revised Code, the portion sold | 67571 |
| shall be restored to the tax list for the year following the year | 67572 |
| of the sale and, except in connection with a sale and transfer of | 67573 |
| such a tract, lot, or parcel to a county land reutilization | 67574 |
| corporation organized under Chapter 1724. of the Revised Code, a | 67575 |
| charge shall be levied against the sold property in an amount | 67576 |
| equal to the tax savings on such property during the four tax | 67577 |
| years preceding the year the property is placed on the tax list. | 67578 |
| The tax savings equals the amount of the additional taxes that | 67579 |
| would have been levied if such property had not been exempt from | 67580 |
| taxation. | 67581 |
| The charge constitutes a lien of the state upon such property | 67582 |
| as of the first day of January of the tax year in which the charge | 67583 |
| is levied and continues until discharged as provided by law. The | 67584 |
| charge may also be remitted for all or any portion of such | 67585 |
| property that the tax commissioner determines is entitled to | 67586 |
| exemption from real property taxation for the year such property | 67587 |
| is restored to the tax list under any provision of the Revised | 67588 |
| Code, other than sections 725.02, 1728.10, 3735.67, 5709.40, | 67589 |
| 5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84, | 67590 |
| upon an application for exemption covering the year such property | 67591 |
| is restored to the tax list filed under section 5715.27 of the | 67592 |
| Revised Code. | 67593 |
| (E) Real property held by an organization organized and | 67594 |
| operated exclusively for charitable purposes as described under | 67595 |
| section 501(c)(3) of the Internal Revenue Code and exempt from | 67596 |
| federal taxation under section 501(a) of the Internal Revenue | 67597 |
| Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose | 67598 |
| of constructing or rehabilitating residences for eventual transfer | 67599 |
| to qualified low-income families through sale, lease, or land | 67600 |
| installment contract, shall be exempt from taxation. | 67601 |
| The exemption shall commence on the day title to the property | 67602 |
| is transferred to the organization and shall continue to the end | 67603 |
| of the tax year in which the organization transfers title to the | 67604 |
| property to a qualified low-income family. In no case shall the | 67605 |
| exemption extend beyond the second succeeding tax year following | 67606 |
| the year in which the title was transferred to the organization. | 67607 |
| If the title is transferred to the organization and from the | 67608 |
| organization to a qualified low-income family in the same tax | 67609 |
| year, the exemption shall continue to the end of that tax year. | 67610 |
| The proportionate amount of taxes that are a lien but not yet | 67611 |
| determined, assessed, and levied for the tax year in which title | 67612 |
| is transferred to the organization shall be remitted by the county | 67613 |
| auditor for each day of the year that title is held by the | 67614 |
| organization. | 67615 |
| Upon transferring the title to another person, the | 67616 |
| organization shall file with the county auditor an affidavit | 67617 |
| affirming that the title was transferred to a qualified low-income | 67618 |
| family or that the title was not transferred to a qualified | 67619 |
| low-income family, as the case may be; if the title was | 67620 |
| transferred to a qualified low-income family, the affidavit shall | 67621 |
| identify the transferee by name. If the organization transfers | 67622 |
| title to the property to anyone other than a qualified low-income | 67623 |
| family, the exemption, if it has not previously expired, shall | 67624 |
| terminate, and the property shall be restored to the tax list for | 67625 |
| the year following the year of the transfer and a charge shall be | 67626 |
| levied against the property in an amount equal to the amount of | 67627 |
| additional taxes that would have been levied if such property had | 67628 |
| not been exempt from taxation. The charge constitutes a lien of | 67629 |
| the state upon such property as of the first day of January of the | 67630 |
| tax year in which the charge is levied and continues until | 67631 |
| discharged as provided by law. | 67632 |
| The application for exemption shall be filed as otherwise | 67633 |
| required under section 5715.27 of the Revised Code, except that | 67634 |
| the organization holding the property shall file with its | 67635 |
| application documentation substantiating its status as an | 67636 |
| organization organized and operated exclusively for charitable | 67637 |
| purposes under section 501(c)(3) of the Internal Revenue Code and | 67638 |
| its qualification for exemption from federal taxation under | 67639 |
| section 501(a) of the Internal Revenue Code, and affirming its | 67640 |
| intention to construct or rehabilitate the property for the | 67641 |
| eventual transfer to qualified low-income families. | 67642 |
| As used in this division, "qualified low-income family" means | 67643 |
| a family whose income does not exceed two hundred per cent of the | 67644 |
| official federal poverty guidelines as revised annually in | 67645 |
| accordance with section 673(2) of the "Omnibus Budget | 67646 |
| Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as | 67647 |
| amended, for a family size equal to the size of the family whose | 67648 |
| income is being determined. | 67649 |
| (F) Real property held by a county land reutilization | 67650 |
| corporation organized under Chapter 1724. of the Revised Code | 67651 |
| shall be exempt from taxation. Notwithstanding section 5715.27 of | 67652 |
| the Revised Code, a county land reutilization corporation is not | 67653 |
| required to apply to any county or state agency in order to | 67654 |
| qualify for the exemption. | 67655 |
| The exemption shall commence on the day title to the property | 67656 |
| is transferred to the corporation and shall continue to the end of | 67657 |
| the tax year in which the instrument transferring title from the | 67658 |
| corporation to another owner is recorded, if the use to which the | 67659 |
| other owner puts the property does not qualify for an exemption | 67660 |
| under this section or any other section of the Revised Code. If | 67661 |
| the title to the property is transferred to the corporation and | 67662 |
| from the corporation in the same tax year, the exemption shall | 67663 |
| continue to the end of that tax year. The proportionate amount of | 67664 |
| taxes that are a lien but not yet determined, assessed, and levied | 67665 |
| for the tax year in which title is transferred to the corporation | 67666 |
| shall be remitted by the county auditor for each day of the year | 67667 |
| that title is held by the corporation. | 67668 |
| Upon transferring the title to another person, the | 67669 |
| corporation shall file with the county auditor an affidavit | 67670 |
| affirming that the title was transferred to such other person and | 67671 |
| shall identify the transferee by name. If the corporation | 67672 |
| transfers title to the property to anyone that does not qualify or | 67673 |
| the use to which the property is put does not qualify the property | 67674 |
| for an exemption under this section or any other section of the | 67675 |
| Revised Code, the exemption, if it has not previously expired, | 67676 |
| shall terminate, and the property shall be restored to the tax | 67677 |
| list for the year following the year of the transfer. A charge | 67678 |
| shall be levied against the property in an amount equal to the | 67679 |
| amount of additional taxes that would have been levied if such | 67680 |
| property had not been exempt from taxation. The charge constitutes | 67681 |
| a lien of the state upon such property as of the first day of | 67682 |
| January of the tax year in which the charge is levied and | 67683 |
| continues until discharged as provided by law. | 67684 |
| In lieu of the application for exemption otherwise required | 67685 |
| to be filed as required under section 5715.27 of the Revised Code, | 67686 |
| a count land reutilization corporation holding the property shall, | 67687 |
| upon the request of any county or state agency, submit its | 67688 |
| articles of incorporation substantiating its status as a county | 67689 |
| land reutilization corporation. | 67690 |
| Sec. 5709.212. (A) With every application for an exempt | 67691 |
| facility certificate filed pursuant to section 5709.21 of the | 67692 |
| Revised Code, the applicant shall pay a fee equal to one-half of | 67693 |
| one per cent of the total exempt facility project cost, not to | 67694 |
| exceed two thousand dollars. One-half of the fee received with | 67695 |
| applications for exempt facility certificates shall be credited to | 67696 |
| the exempt facility administrative fund, which is hereby created | 67697 |
| in the state treasury, for appropriation to the department of | 67698 |
| taxation for use in administering sections 5709.20 to 5709.27 of | 67699 |
| the Revised Code. If the director of environmental protection is | 67700 |
| required to provide the opinion for an application, one-half of | 67701 |
| the fee shall be credited to the non-Title V clean air fund | 67702 |
| created in section 3704.035 of the Revised Code for use in | 67703 |
| administering section 5709.211 of the Revised Code, unless the | 67704 |
| application is for an industrial water pollution control facility. | 67705 |
| If the application is for an industrial water pollution control | 67706 |
| facility, one-half of the fee shall be credited to the surface | 67707 |
| water protection fund created in section 6111.038 of the Revised | 67708 |
| Code for use in administering section 5709.211 of the Revised | 67709 |
| Code. If the director of development is required to provide the | 67710 |
| opinion for an application, one-half of the fee for each exempt | 67711 |
| facility application shall be credited to the exempt facility | 67712 |
| inspection fund, which is hereby created in the state treasury, | 67713 |
| for appropriation to the department of development for use in | 67714 |
| administering section 5709.211 of the Revised Code. | 67715 |
| An applicant is not entitled to any tax exemption under | 67716 |
| section 5709.25 of the Revised Code until the fee required by this | 67717 |
| section is paid. The fee required by this section is not | 67718 |
| refundable, and is due with the application for an exempt facility | 67719 |
| certificate even if an exempt facility certificate ultimately is | 67720 |
| not issued or is withdrawn. Any application submitted without | 67721 |
| payment of the fee shall be deemed incomplete until the fee is | 67722 |
| paid. | 67723 |
| (B) The application fee imposed under division (A) of this | 67724 |
| section for a jointly owned facility shall be equal to one-half of | 67725 |
| one per cent of the total exempt facility project cost, not to | 67726 |
| exceed two thousand dollars for each facility that is the subject | 67727 |
| of the application. | 67728 |
| Sec. 5709.76. (A) All of the following are exempt from taxes | 67729 |
| levied by the state and its subdivisions: | 67730 |
| (1) Public obligations; | 67731 |
| (2) Interest or interest equivalent on public obligations and | 67732 |
| on purchase obligations; | 67733 |
| (3) The transfer, and any profit made on the sale, exchange, | 67734 |
| or other disposition, of public obligations. | 67735 |
| (B) The exemptions granted by division (A) of this section | 67736 |
| apply to public obligations and purchase obligations issued, | 67737 |
|
incurred, or entered into before, on, or after | 67738 |
| 67739 | |
|
on or after the later of July 1, 1988, or | 67740 |
| 67741 |
| (C) This section supplements, and does not restrict, limit, | 67742 |
| or impair, any exemption from taxation otherwise provided for in | 67743 |
| the Ohio Constitution, the Revised Code, or other laws. | 67744 |
| (D) As used in this section: | 67745 |
| (1) "Fractionalized interests in purchase obligations" means | 67746 |
| participations, shares, or other instruments or agreements, | 67747 |
| separate from the purchase obligations themselves, evidencing | 67748 |
| ownership of interests in purchase obligations or of rights to | 67749 |
| receive payments of, or on account of, principal or interest or | 67750 |
| their equivalents payable by or on behalf of the state or a | 67751 |
| subdivision pursuant to purchase obligations, and does not include | 67752 |
| interests or shares in qualified investment trusts. | 67753 |
| (2) "Interest or interest equivalent" means those payments or | 67754 |
| portions of payments, however denominated, that constitute or | 67755 |
| represent consideration for forbearing the collection of money, or | 67756 |
| for deferring the receipt of payment of money to a future time, as | 67757 |
| determined for federal income tax purposes, and includes those | 67758 |
| portions of a qualified investment trust's distributions to its | 67759 |
| shareholders or beneficial owners, whether distributed or deemed | 67760 |
| distributed in cash or in trust shares or interests, that are | 67761 |
| attributable to the trust's receipt of interest or interest | 67762 |
| equivalent. | 67763 |
| (3) "Internal Revenue Code" has the same meaning as in | 67764 |
| division (H) of section 5747.01 of the Revised Code. | 67765 |
| (4) "Qualified investment trust" or "trust" means a unit | 67766 |
| investment trust, grantor trust, or regulated investment company, | 67767 |
| if at all times at least fifty per cent of the value of the total | 67768 |
| assets of the trust or company consists of public securities or | 67769 |
| purchase obligations, or similar obligations of other states or | 67770 |
| their subdivisions. | 67771 |
| (5) "Public obligations" means public securities, | 67772 |
| fractionalized interests in purchase obligations, and any | 67773 |
| obligation or evidence of obligation to pay interest or interest | 67774 |
| equivalent on public securities or on fractionalized interests in | 67775 |
| purchase obligations, and does not include purchase obligations. | 67776 |
| (6) "Public securities" means bonds, notes, certificates of | 67777 |
| indebtedness, commercial paper, and other instruments in writing | 67778 |
| issued by the state or a subdivision, or by any nonprofit | 67779 |
| corporation authorized to issue public securities for or on behalf | 67780 |
| of the state or a subdivision, to evidence the obligation of the | 67781 |
| state, subdivision, or nonprofit corporation to repay money | 67782 |
| borrowed by, or to pay at any future time other money obligations | 67783 |
| of, the state, subdivision, or nonprofit corporation, and does not | 67784 |
| include purchase obligations. Public securities may be in the form | 67785 |
| of either certificated securities or uncertificated securities, as | 67786 |
| those terms are defined in section 1308.01 of the Revised Code. | 67787 |
| (7) "Purchase obligations" means interest-bearing obligations | 67788 |
| of the state or a subdivision to make payments under installment | 67789 |
| sale, lease, lease purchase, or similar types of agreements. | 67790 |
| (8) "Regulated investment company" means a regulated | 67791 |
| investment company as defined in section 851 of the Internal | 67792 |
| Revenue Code. | 67793 |
| (9) "State" means the state, state officers, and state | 67794 |
| agencies, including commissions, institutions, boards, agencies, | 67795 |
| authorities, or other instrumentalities. | 67796 |
| (10) "Subdivision" means any local taxing authority, | 67797 |
| political or governmental subdivision, body corporate and politic, | 67798 |
| or other local public or governmental entity in the state, any | 67799 |
| combination or consortium of two or more of those subdivisions, | 67800 |
| and any public division, district, commission, authority, | 67801 |
| department, board, officer, or institution of any one or more of | 67802 |
| those subdivisions. | 67803 |
| (11) "Taxes" means any direct or indirect taxes, including | 67804 |
| income, ad valorem, transfer, and excise taxes, and including the | 67805 |
| tax on the net income measure of the issued and outstanding shares | 67806 |
| of a corporation under Chapter 5733. of the Revised Code. "Taxes" | 67807 |
| does not mean any of the following: | 67808 |
| (a) The tax on the net worth measure of the issued and | 67809 |
| outstanding shares of corporations and financial institutions | 67810 |
| under Chapter 5733. of the Revised Code; | 67811 |
| (b) The tax on the value of the gross estate under Chapter | 67812 |
| 5731. of the Revised Code; | 67813 |
| (c) The tax on the value of the capital and surplus of a | 67814 |
| domestic insurance company under Chapter 5725. of the Revised | 67815 |
| Code; | 67816 |
| (d) The tax on the shares of and capital employed by dealers | 67817 |
| in intangibles under Chapter 5725. and section 5707.03 of the | 67818 |
| Revised Code; | 67819 |
| (e) The tax levied on the basis of the total equity capital | 67820 |
| of financial institutions under Chapter 5726. of the Revised Code. | 67821 |
| Sec. 5711.22. (A) Deposits not taxed at the source shall be | 67822 |
| listed and assessed at their amount in dollars on the day they are | 67823 |
| required to be listed. Moneys shall be listed and assessed at the | 67824 |
| amount thereof in dollars on hand on the day that they are | 67825 |
| required to be listed. In listing investments, the amount of the | 67826 |
| income yield of each for the calendar year next preceding the date | 67827 |
| of listing shall, except as otherwise provided in this chapter, be | 67828 |
| stated in dollars and cents and the assessment thereof shall be at | 67829 |
| the amount of such income yield; but any property defined as | 67830 |
| investments in either division (A) or (B) of section 5701.06 of | 67831 |
| the Revised Code that has not been outstanding for the full | 67832 |
| calendar year next preceding the date of listing, except shares of | 67833 |
| stock of like kind as other shares of the same corporation | 67834 |
| outstanding for the full calendar year next preceding the date of | 67835 |
| listing, or which has yielded no income during such calendar year | 67836 |
| shall be listed and assessed as unproductive investments, at their | 67837 |
| true value in money on the day that such investments are required | 67838 |
| to be listed. | 67839 |
| Credits and other taxable intangibles shall be listed and | 67840 |
| assessed at their true value in money on the day as of which the | 67841 |
| same are required to be listed. | 67842 |
| Shares of stock of a bank holding company, as defined in | 67843 |
| Title 12 U.S.C.A., section 1841, that are required to be listed | 67844 |
| for taxation under this division and upon which dividends were | 67845 |
| paid during the year of their issuance, which dividends are | 67846 |
| subject to taxation under the provisions of Chapter 5747. of the | 67847 |
| Revised Code, shall be exempt from the intangibles tax for the | 67848 |
| year immediately succeeding their issuance. If such shares bear | 67849 |
| dividends the first calendar year after their issuance, which | 67850 |
| dividends are subject to taxation under the provisions of Chapter | 67851 |
| 5747. of the Revised Code, it shall be deemed that the | 67852 |
| nondelinquent intangible property tax pursuant to division (A) of | 67853 |
| section 5707.04 of the Revised Code was paid on those dividends | 67854 |
| paid that first calendar year after the issuance of the shares. | 67855 |
| (B) For tax years before tax year 2009, boilers, machinery, | 67856 |
| equipment, and personal property the true value of which is | 67857 |
| determined under division (B) of section 5711.21 of the Revised | 67858 |
| Code shall be listed and assessed at an amount equal to the sum of | 67859 |
| the products determined under divisions (B)(1), (2), and (3) of | 67860 |
| this section: | 67861 |
| (1) Multiply the portion of the true value determined under | 67862 |
| division (B)(1) of section 5711.21 of the Revised Code by the | 67863 |
| assessment rate for the tax year in division (G) of this section; | 67864 |
| (2) Multiply the portion of the true value determined under | 67865 |
| division (B)(2) of section 5711.21 of the Revised Code by the | 67866 |
| assessment rate in section 5727.111 of the Revised Code that is | 67867 |
| applicable to the production equipment of an electric company; | 67868 |
| (3) Multiply the portion of the true value determined under | 67869 |
| division (B)(3) of section 5711.21 of the Revised Code by the | 67870 |
| assessment rate in section 5727.111 of the Revised Code that is | 67871 |
| applicable to the property of an electric company that is not | 67872 |
| production equipment. | 67873 |
| (C) For tax years before tax year 2009, personal property | 67874 |
| leased to a public utility or interexchange telecommunications | 67875 |
| company as defined in section 5727.01 of the Revised Code and used | 67876 |
| directly in the rendition of a public utility service as defined | 67877 |
| in division (P) of section 5739.01 of the Revised Code shall be | 67878 |
| listed and assessed at the same percentage of true value in money | 67879 |
| that such property is required to be assessed by section 5727.111 | 67880 |
| of the Revised Code if owned by the public utility or | 67881 |
| interexchange telecommunications company. | 67882 |
| (D)(1) Merchandise or an agricultural product shipped from | 67883 |
| outside this state and held in this state in a warehouse or a | 67884 |
| place of storage without further manufacturing or processing and | 67885 |
| for storage only and for shipment outside this state, but that | 67886 |
| does not qualify as "not used in business in this state" under | 67887 |
| division (B)(1) or (2) of section 5701.08 of the Revised Code, is | 67888 |
| nevertheless not used in business in this state for property tax | 67889 |
| purposes. | 67890 |
| (2) Merchandise or an agricultural product owned by a | 67891 |
| qualified out-of-state person shipped from outside this state and | 67892 |
| held in this state in a public warehouse without further | 67893 |
| manufacturing or processing and for temporary storage only and for | 67894 |
| shipment inside this state, but that does not qualify as "not used | 67895 |
| in business in this state" under division (B)(1) or (2) of section | 67896 |
| 5701.08 of the Revised Code, is nevertheless not used in business | 67897 |
| in this state for property tax purposes. | 67898 |
| (3) As used in division (D)(2) of this section: | 67899 |
| (a) "Qualified out-of-state person" means a person that does | 67900 |
| not own, lease, or use property, other than merchandise or an | 67901 |
| agricultural product described in this division, in this state, | 67902 |
| and does not have employees, agents, or representatives in this | 67903 |
| state; | 67904 |
| (b) "Public warehouse" means a warehouse in this state that | 67905 |
| is not subject to the control of or under the supervision of the | 67906 |
| owner of the merchandise or agricultural product stored in it, or | 67907 |
| staffed by the owner's employees, and from which the property is | 67908 |
| to be shipped inside this state. | 67909 |
| (E) Personal property valued pursuant to section 5711.15 of | 67910 |
| the Revised Code and personal property required to be listed on | 67911 |
| the average basis by division (B) of section 5711.16 of the | 67912 |
| Revised Code, except property described in division (D) of this | 67913 |
| section, business fixtures, and furniture not held for sale in the | 67914 |
| course of business, shall be listed and assessed at twenty-three | 67915 |
| per cent of its true value in money for tax year 2005 and at the | 67916 |
| percentage of such true value specified in division (G) of this | 67917 |
| section for tax year 2006 and each tax year thereafter. | 67918 |
| (F) All manufacturing equipment as defined in section 5711.16 | 67919 |
| of the Revised Code shall be listed and assessed at the following | 67920 |
| percentage of its true value in money: | 67921 |
| (1) For all such property not previously used in business in | 67922 |
| this state by the owner thereof, or by related member or | 67923 |
| predecessor of the owner, other than as inventory, before January | 67924 |
| 1, 2005, zero per cent of true value; | 67925 |
| (2) For all other such property, at the percentage of true | 67926 |
| value specified in division (G) of this section for tax year 2005 | 67927 |
| and each tax year thereafter. | 67928 |
| (G) Unless otherwise provided by law, all other personal | 67929 |
| property used in business that has not been legally regarded as an | 67930 |
| improvement on land and considered in arriving at the value of the | 67931 |
| real property assessed for taxation shall be listed and assessed | 67932 |
| at the following percentages of true value in money: | 67933 |
| (1) For tax year 2005, twenty-five per cent of true value; | 67934 |
| (2) For tax year 2006, eighteen and three-fourths per cent of | 67935 |
| true value; | 67936 |
| (3) For tax year 2007, twelve and one-half per cent of true | 67937 |
| value; | 67938 |
| (4) For tax year 2008, six and one-fourth per cent of true | 67939 |
| value; | 67940 |
| (5) For tax year 2009 and each tax year thereafter, zero per | 67941 |
| cent of true value. | 67942 |
| (H)(1) For tax year 2007 and thereafter, all personal | 67943 |
| property used by a telephone company, telegraph company, or | 67944 |
| interexchange telecommunications company shall be listed as | 67945 |
| provided in this chapter and assessed at the following percentages | 67946 |
| of true value in money: | 67947 |
| (a) For tax year 2007, twenty per cent of true value; | 67948 |
| (b) For tax year 2008, fifteen per cent of true value; | 67949 |
| (c) For tax year 2009, ten per cent of true value; | 67950 |
| (d) For tax year 2010, five per cent of true value; | 67951 |
| (e) For tax year 2011 and each tax year thereafter, zero per | 67952 |
| cent of true value. | 67953 |
| (2) The property owned by a telephone, telegraph, or | 67954 |
| telecommunications company shall be apportioned to each | 67955 |
| appropriate taxing district as provided in section 5727.15 of the | 67956 |
| Revised Code. | 67957 |
| (I) During and after the tax year in which the assessment | 67958 |
| rate equals zero per cent, the property described in division (E), | 67959 |
| (F), (G), or (H) of this section shall not be listed for taxation. | 67960 |
| (J) Divisions (E), (F), (G), and (H) of this section apply to | 67961 |
|
the property of a person described in divisions (E)(3) | 67962 |
| (4) of section 5751.01 of the Revised Code. Division (J) of this | 67963 |
| section does not prevent the application of the exemption of | 67964 |
| property from taxation under section 5725.25 or 5725.26 of the | 67965 |
| Revised Code. | 67966 |
| Sec. 5713.051. (A) As used in this section: | 67967 |
| (1) "Oil" means all grades of crude oil. | 67968 |
| (2) "Gas" means all forms of natural gas. | 67969 |
| (3) "Well" means an oil | 67970 |
| horizontal well, or an oil and gas well. | 67971 |
| (4) "M.C.F." means one thousand cubic feet. | 67972 |
| (5) "Commonly metered wells" means two or more wells that | 67973 |
| share the same meter. | 67974 |
| (6) "Total production" means the total amount of oil, | 67975 |
| measured in barrels, and the total amount of gas, measured in | 67976 |
| M.C.F., of all oil and gas actually produced and sold from a | 67977 |
| single well that is developed and producing on the tax lien date. | 67978 |
| For commonly metered wells, "total production" means the total | 67979 |
| amount of oil, measured in barrels, and the total amount of gas, | 67980 |
| measured in M.C.F., of all oil and gas actually produced and sold | 67981 |
| from the commonly metered wells divided by the number of the | 67982 |
| commonly metered wells. | 67983 |
| (7) "Flush production" means total production from a single | 67984 |
| well during the first twelve calendar months during not more than | 67985 |
| two consecutive calendar years after a well first begins to | 67986 |
| produce. For commonly metered wells, "flush production" means | 67987 |
| total production during the first twelve calendar months during | 67988 |
| not more than two consecutive calendar years after a well first | 67989 |
| begins to produce from all wells with flush production divided by | 67990 |
| the number of those wells. | 67991 |
| (8) "Production through secondary recovery methods" means | 67992 |
| total production from a single well where mechanically induced | 67993 |
| pressure, such as air, nitrogen, carbon dioxide, or water | 67994 |
| pressure, is used to stimulate and maintain production in the oil | 67995 |
| and gas reservoir, exclusive of any flush production. For commonly | 67996 |
| metered wells, "production through secondary recovery methods" | 67997 |
| means total production from all wells with production through | 67998 |
|
secondary recovery methods divided by the number of | 67999 |
| wells. | 68000 |
| (9) "Stabilized production" means total production reduced, | 68001 |
| if applicable, by the greater of forty-two and one-half per cent | 68002 |
| of flush production or fifty per cent of production through | 68003 |
| secondary recovery methods. | 68004 |
| (10) "Average daily production" means stabilized production | 68005 |
| divided by three hundred sixty-five, provided the well was in | 68006 |
| production at the beginning of the calendar year. If the well was | 68007 |
| not in production at the beginning of the calendar year, "average | 68008 |
| daily production" means stabilized production divided by the | 68009 |
| number of days beginning with the day the well went into | 68010 |
| production in the calendar year and ending with the thirty-first | 68011 |
| day of December. | 68012 |
| (11) "Gross price" means the unweighted average price per | 68013 |
| barrel of oil or the average price per M.C.F. of gas produced from | 68014 |
| Ohio wells and first sold during the five-year period ending with | 68015 |
| the calendar year immediately preceding the tax lien date, as | 68016 |
| reported by the department of natural resources. | 68017 |
| (12) "Average annual decline rate" means the amount of yearly | 68018 |
| decline in oil and gas production of a well after flush production | 68019 |
| has ended. For the purposes of this section, the average annual | 68020 |
| decline rate is thirteen per cent. | 68021 |
| (13) "Gross revenue" means the gross revenue from a well | 68022 |
| during a ten-year discount period with production assumed to be | 68023 |
| one barrel of oil or one M.C.F. of gas during the first year of | 68024 |
| production and declining at the annual average annual decline rate | 68025 |
| during the remaining nine years of the ten-year discount period, | 68026 |
| as follows: | 68027 |
| (a) First year: one barrel or one M.C.F. multiplied by gross | 68028 |
| price; | 68029 |
| (b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by | 68030 |
| gross price; | 68031 |
| (c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by | 68032 |
| gross price; | 68033 |
| (d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by | 68034 |
| gross price; | 68035 |
| (e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by | 68036 |
| gross price; | 68037 |
| (f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by | 68038 |
| gross price; | 68039 |
| (g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by | 68040 |
| gross price; | 68041 |
| (h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by | 68042 |
| gross price; | 68043 |
| (i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by | 68044 |
| gross price; | 68045 |
| (j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by | 68046 |
| gross price. | 68047 |
| (14) "Average royalty expense" means the annual cost of | 68048 |
| royalties paid by all working interest owners in a well. For the | 68049 |
| purposes of this section, the average royalty expense is fifteen | 68050 |
| per cent of annual gross revenue. | 68051 |
| (15) "Average operating expense" means the annual cost of | 68052 |
| operating and maintaining a producing well after it first begins | 68053 |
| production. For the purposes of this section, the average | 68054 |
| operating expense is forty per cent of annual gross revenue. | 68055 |
| (16) "Average capital recovery expense" means the annual | 68056 |
| capitalized investment cost of a developed and producing well. For | 68057 |
| the purposes of this section, average capital recovery expense is | 68058 |
| thirty per cent of annual gross revenue. | 68059 |
| (17) "Discount rate" means the rate used to determine the | 68060 |
| present net worth of one dollar during each year of the ten-year | 68061 |
| discount period assuming the net income stream projected for each | 68062 |
| year of the ten-year discount period is received at the half-year | 68063 |
| point. For the purposes of this section, the discount rate equals | 68064 |
| thirteen per cent plus the rate per annum prescribed by division | 68065 |
| (B) of section 5703.47 of the Revised Code and determined by the | 68066 |
| tax commissioner in October of the calendar year immediately | 68067 |
| preceding the tax lien date. | 68068 |
| (B) The true value in money of oil reserves constituting real | 68069 |
| property on tax lien dates January 1, 2007, and thereafter with | 68070 |
| respect to a developed and producing well that has not been the | 68071 |
| subject of a recent arm's length sale, exclusive of personal | 68072 |
| property necessary to recover the oil, shall be determined under | 68073 |
| division (B)(1) or (2) of this section. | 68074 |
| (1) For wells for which average daily production of oil is | 68075 |
| one barrel or more in the calendar year preceding the tax lien | 68076 |
| date, the true value in money equals the average daily production | 68077 |
| of oil from the well multiplied by the net present value of one | 68078 |
| barrel of oil, where: | 68079 |
| (a) Net present value of one barrel of oil = 365 x the sum of | 68080 |
| [net income for each year of the discount period x discount rate | 68081 |
| factor for that year] for all years in the discount period; and | 68082 |
| (b) Net income for a year of the discount period = gross | 68083 |
| revenue for that year minus the sum of the following for that | 68084 |
| year: average royalty expense, average operating expense, and | 68085 |
| average capital recovery expense. | 68086 |
| (2) For wells for which average daily production of oil is | 68087 |
| less than one barrel in the calendar year preceding the tax lien | 68088 |
| date, the true value in money equals the average daily production | 68089 |
| of the well in the calendar year preceding the tax lien date | 68090 |
| multiplied by sixty per cent of the net present value of one | 68091 |
| barrel of oil as computed under division (B)(1) of this section. | 68092 |
| (C) The true value in money of gas reserves constituting real | 68093 |
| property on tax lien dates January 1, 2007, and thereafter with | 68094 |
| respect to a developed and producing well that has not been the | 68095 |
| subject of a recent arm's length sale, exclusive of personal | 68096 |
| property necessary to recover the gas, shall be determined under | 68097 |
| division (C)(1) or (2) of this section. | 68098 |
| (1) For wells for which average daily production of gas is | 68099 |
| eight M.C.F. or more in the calendar year preceding the tax lien | 68100 |
| date, the true value in money equals the average daily production | 68101 |
| of gas from the well multiplied by the net present value of one | 68102 |
| M.C.F. of gas, where: | 68103 |
| (a) Net present value of one M.C.F. of gas = 365 x the sum of | 68104 |
| [net income for each year of the discount period x discount rate | 68105 |
| factor for that year] for all years in the discount period; and | 68106 |
| (b) Net income for a year of the discount period = gross | 68107 |
| revenue for that year minus the sum of the following for that | 68108 |
| year: average royalty expense, average operating expense, and | 68109 |
| average capital recovery expense. | 68110 |
| (2) For wells for which average daily production of gas is | 68111 |
| less than eight M.C.F. in the calendar year preceding the tax lien | 68112 |
| date, the true value in money equals the average daily production | 68113 |
| of the well in the calendar year preceding the tax lien date | 68114 |
| multiplied by fifty per cent of the net present value of one | 68115 |
| M.C.F. as computed under division (C)(1) of this section. | 68116 |
| Sec. 5713.052. (A) As used in this section: | 68117 |
| (1) "Gas" means pipeline quality natural gas. | 68118 |
| (2) "Other hydrocarbons" means ethane, propane, butane, | 68119 |
| pentane, and any other carbon-based product that is separated from | 68120 |
| wet gas at a mid-stream processing facility. | 68121 |
| (3) "Well" means a horizontal well. | 68122 |
| (4) "M.C.F." means one thousand cubic feet. | 68123 |
| (5) "Total production" means the total amount of other | 68124 |
| hydrocarbons, measured in barrels, and the total amount of gas, | 68125 |
| measured in M.C.F., of all the other hydrocarbons and gas actually | 68126 |
| produced and sold from a single well that is developed and | 68127 |
| producing on the tax lien date. | 68128 |
| (6) "Flush production" means total production from a single | 68129 |
| well during the first twelve calendar months during not more than | 68130 |
| two consecutive calendar years after a well first begins to | 68131 |
| produce. | 68132 |
| (7) "Production through secondary recovery methods" means | 68133 |
| total production from a single well where mechanically induced | 68134 |
| pressure, such as air, nitrogen, carbon dioxide, or water | 68135 |
| pressure, is used to stimulate and maintain production in gas | 68136 |
| reservoir, exclusive of any flush production. | 68137 |
| (8) "Stabilized production" means total production reduced, | 68138 |
| if applicable, by the greater of forty-two and one-half per cent | 68139 |
| of flush production or fifty per cent of production through | 68140 |
| secondary recovery methods. | 68141 |
| (9) "Average daily production" means stabilized production | 68142 |
| divided by three hundred sixty-five, provided the well was in | 68143 |
| production at the beginning of the calendar year. If the well was | 68144 |
| not in production at the beginning of the calendar year, "average | 68145 |
| daily production" means stabilized production divided by the | 68146 |
| number of days beginning with the day the well went into | 68147 |
| production in the calendar year and ending with the thirty-first | 68148 |
| day of December. | 68149 |
| (10) "Gross price" means the unweighted average price per | 68150 |
| barrel of each separate other hydrocarbons or the average price | 68151 |
| per M.C.F. of gas produced from Ohio wells and first sold during | 68152 |
| the five-year period ending with the calendar year immediately | 68153 |
| preceding the tax lien date, as reported by the department of | 68154 |
| natural resources for gas and as reported by the new York | 68155 |
| mercantile exchange for other hydrocarbons. | 68156 |
| (11) "Average annual decline rate" means the amount of yearly | 68157 |
| decline in other hydrocarbons and gas production of a well after | 68158 |
| flush production has ended. For the purposes of this section, the | 68159 |
| average annual decline rate is thirteen per cent. | 68160 |
| (12) "Gross revenue" means the gross revenue from a well | 68161 |
| during a ten-year discount period with production assumed to be | 68162 |
| one barrel of other hydrocarbons or one M.C.F. of gas during the | 68163 |
| first year of production and declining at the annual average | 68164 |
| annual decline rate during the remaining nine years of the | 68165 |
| ten-year discount period, as follows: | 68166 |
| (a) First year: one barrel or one M.C.F. multiplied by gross | 68167 |
| price; | 68168 |
| (b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by | 68169 |
| gross price; | 68170 |
| (c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by | 68171 |
| gross price; | 68172 |
| (d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by | 68173 |
| gross price; | 68174 |
| (e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by | 68175 |
| gross price; | 68176 |
| (f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by | 68177 |
| gross price; | 68178 |
| (g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by | 68179 |
| gross price; | 68180 |
| (h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by | 68181 |
| gross price; | 68182 |
| (i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by | 68183 |
| gross price; | 68184 |
| (j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by | 68185 |
| gross price. | 68186 |
| (13) "Average royalty expense" means the annual cost of | 68187 |
| royalties paid by all working interest owners in a well. For the | 68188 |
| purposes of this section, the average royalty expense is fifteen | 68189 |
| per cent of annual gross revenue. | 68190 |
| (14) "Average operating expense" means the annual cost of | 68191 |
| operating and maintaining a producing well after it first begins | 68192 |
| production. For the purposes of this section, the average | 68193 |
| operating expense is forty per cent of annual gross revenue. | 68194 |
| (15) "Average capital recovery expense" means the annual | 68195 |
| capitalized investment cost of a developed and producing well. For | 68196 |
| the purposes of this section, average capital recovery expense is | 68197 |
| thirty per cent of annual gross revenue. | 68198 |
| (16) "Discount rate" means the rate used to determine the | 68199 |
| present net worth of one dollar during each year of the ten-year | 68200 |
| discount period assuming the net income stream projected for each | 68201 |
| year of the ten-year discount period is received at the half-year | 68202 |
| point. For the purposes of this section, the discount rate equals | 68203 |
| thirteen per cent plus the rate per annum prescribed by division | 68204 |
| (B) of section 5703.47 of the Revised Code and determined by the | 68205 |
| tax commissioner in October of the calendar year immediately | 68206 |
| preceding the tax lien date. | 68207 |
| (B) The true value in money of other hydrocarbon reserves | 68208 |
| constituting real property on the tax lien dates for tax year 2013 | 68209 |
| and thereafter shall be determined under division (B)(1) or (2) of | 68210 |
| this section. | 68211 |
| (1) For wells for which average daily production of other | 68212 |
| hydrocarbons is one barrel or more in the calendar year preceding | 68213 |
| the tax lien date, the true value in money equals the average | 68214 |
| daily production of other hydrocarbons from the well multiplied by | 68215 |
| the net present value of one barrel of each other hydrocarbon | 68216 |
| product, where: | 68217 |
| (a) Net present value of one barrel of each other hydrocarbon | 68218 |
| product = 365 x the sum of [net income for each year of the | 68219 |
| discount period x discount rate factor for that year] for all | 68220 |
| years in the discount period; and | 68221 |
| (b) Net income for a year of the discount period = gross | 68222 |
| revenue for that year minus the sum of the following for that | 68223 |
| year: average royalty expense, average operating expense, and | 68224 |
| average capital recovery expense. | 68225 |
| (2) For wells for which average daily production of other | 68226 |
| hydrocarbons is less than one barrel in the calendar year | 68227 |
| preceding the tax lien date, the true value in money equals the | 68228 |
| average daily production of the well in the calendar year | 68229 |
| preceding the tax lien date multiplied by fifty per cent of the | 68230 |
| net present value of one barrel of hydrocarbons as computed under | 68231 |
| division (B)(1) of this section. | 68232 |
| (C) The true value in money of gas reserves constituting real | 68233 |
| property on the tax lien dates for tax year 2013 and thereafter | 68234 |
| shall be determined under division (C)(1) or (2) of this section. | 68235 |
| (1) For wells for which average daily production of gas is | 68236 |
| eight M.C.F. or more in the calendar year preceding the tax lien | 68237 |
| date, the true value in money equals the average daily production | 68238 |
| of gas from the well multiplied by the net present value of one | 68239 |
| M.C.F. of gas, where: | 68240 |
| (a) Net present value of one M.C.F. of gas = 365 x the sum of | 68241 |
| [net income for each year of the discount period x discount rate | 68242 |
| factor for that year] for all years in the discount period; and | 68243 |
| (b) Net income for a year of the discount period = gross | 68244 |
| revenue for that year minus the sum of the following for that | 68245 |
| year: average royalty expense, average operating expense, and | 68246 |
| average capital recovery expense. | 68247 |
| (2) For wells for which average daily production of gas is | 68248 |
| less than eight M.C.F. in the calendar year preceding the tax lien | 68249 |
| date, the true value in money equals the average daily production | 68250 |
| of the well in the calendar year preceding the tax lien date | 68251 |
| multiplied by fifty per cent of the net present value of one | 68252 |
| M.C.F. as computed under division (C)(1) of this section. | 68253 |
| Sec. 5717.01. An appeal from a decision of a county board of | 68254 |
| revision may be taken to the board of tax appeals within thirty | 68255 |
| days after notice of the decision of the county board of revision | 68256 |
| is mailed as provided in division (A) of section 5715.20 of the | 68257 |
| Revised Code. Such an appeal may be taken by the county auditor, | 68258 |
| the tax commissioner, or any board, legislative authority, public | 68259 |
| official, or taxpayer authorized by section 5715.19 of the Revised | 68260 |
| Code to file complaints against valuations or assessments with the | 68261 |
| auditor. Such appeal shall be taken by the filing of a notice of | 68262 |
| appeal, in person or by certified mail, express mail, facsimile | 68263 |
| transmission, electronic transmission using electronic mail, or | 68264 |
| by authorized delivery service, with the board of tax appeals and | 68265 |
| with the county board of revision. If notice of appeal is filed by | 68266 |
| certified mail, express mail, or authorized delivery service as | 68267 |
| provided in section 5703.056 of the Revised Code, the date of the | 68268 |
| United States postmark placed on the sender's receipt by the | 68269 |
| postal service or the date of receipt recorded by the authorized | 68270 |
| delivery service shall be treated as the date of filing. If notice | 68271 |
| of appeal is filed by facsimile transmission or electronic | 68272 |
| transmission using electronic mail, the date and time of | 68273 |
| transmission shall be treated as the date of filing. Upon receipt | 68274 |
| of such notice of appeal such county board of revision shall by | 68275 |
| certified mail notify all persons thereof who were parties to the | 68276 |
| proceeding before such county board of revision, and shall file | 68277 |
| proof of such notice with the board of tax appeals. The county | 68278 |
| board of revision shall thereupon certify to the board of tax | 68279 |
| appeals a transcript of the record of the proceedings of the | 68280 |
| county board of revision pertaining to the original complaint, and | 68281 |
| all evidence offered in connection therewith. Such appeal may be | 68282 |
| heard by the board of tax appeals at its offices in Columbus or in | 68283 |
| the county where the property is listed for taxation, or the board | 68284 |
| of tax appeals may cause its examiners to conduct such hearing and | 68285 |
| to report to it their findings for affirmation or rejection. An | 68286 |
| appeal may proceed pursuant to section 5703.021 of the Revised | 68287 |
| Code in the small claims division if the appeal qualifies under | 68288 |
| that section. | 68289 |
| The board of tax appeals may order the appeal to be heard on | 68290 |
| the record and the evidence certified to it by the county board of | 68291 |
| revision, or it may order the hearing of additional evidence, and | 68292 |
| it may make such investigation concerning the appeal as it deems | 68293 |
| proper. | 68294 |
| Sec. 5717.011. (A) As used in this chapter, "tax | 68295 |
| administrator" has the same meaning as in section 718.01 of the | 68296 |
| Revised Code. | 68297 |
| (B) Appeals from a municipal board of appeal created under | 68298 |
| section 718.11 of the Revised Code may be taken by the taxpayer or | 68299 |
| the tax administrator to the board of tax appeals or may be taken | 68300 |
| by the taxpayer or the tax administrator to a court of common | 68301 |
| pleas as otherwise provided by law. If the taxpayer or the tax | 68302 |
| administrator elects to make an appeal to the board of tax appeals | 68303 |
| or court of common pleas, and subject to section 5703.021 of the | 68304 |
| Revised Code with respect to small claims proceedings, the appeal | 68305 |
| shall be taken by the filing of a notice of appeal with the board | 68306 |
| of tax appeals or court of common pleas, the municipal board of | 68307 |
| appeal, and the opposing party. The notice of appeal shall be | 68308 |
| filed within sixty days after the day the appellant receives | 68309 |
| notice of the decision issued under section 718.11 of the Revised | 68310 |
| Code. The notice of appeal may be filed in person or by certified | 68311 |
| mail, express mail, facsimile transmission, electronic | 68312 |
| transmission using electronic mail, or by authorized delivery | 68313 |
| service as provided in section 5703.056 of the Revised Code. If | 68314 |
| the notice of appeal is filed by certified mail, express mail, or | 68315 |
| authorized delivery service as provided in section 5703.056 of the | 68316 |
| Revised Code, the date of the United States postmark placed on the | 68317 |
| sender's receipt by the postal service or the date of receipt | 68318 |
| recorded by the authorized delivery service shall be treated as | 68319 |
| the date of filing. If notice of appeal is filed by facsimile | 68320 |
| transmission or electronic transmission using electronic mail, the | 68321 |
| date and time of the transmission shall be treated as the date of | 68322 |
| filing. The notice of appeal shall have attached thereto and | 68323 |
| incorporated therein by reference a true copy of the decision | 68324 |
| issued under section 718.11 of the Revised Code and shall specify | 68325 |
| the errors therein complained of, but failure to attach a copy of | 68326 |
| such notice and incorporate it by reference in the notice of | 68327 |
| appeal does not invalidate the appeal. | 68328 |
| (C) Upon the filing of a notice of appeal with the board of | 68329 |
| tax appeals, the municipal board of appeal shall certify to the | 68330 |
| board of tax appeals a transcript of the record of the proceedings | 68331 |
| before it, together with all evidence considered by it in | 68332 |
| connection therewith. Such appeals may be heard by the board at | 68333 |
| its office in Columbus or in the county where the appellant | 68334 |
| resides, or it may cause its examiners to conduct such hearings | 68335 |
| and to report to it their findings for affirmation or rejection. | 68336 |
| The board may order the appeal to be heard upon the record and the | 68337 |
| evidence certified to it by the administrator, but upon the | 68338 |
| application of any interested party the board shall order the | 68339 |
| hearing of additional evidence, and the board may make such | 68340 |
| investigation concerning the appeal as it considers proper. An | 68341 |
| appeal may proceed pursuant to section 5703.021 of the Revised | 68342 |
| Code in the small claims division if the appeals qualifies under | 68343 |
| that section. | 68344 |
| (D) If an issue being appealed under this section is | 68345 |
| addressed in a municipal corporation's ordinance or regulation, | 68346 |
| the tax administrator, upon the request of the board of tax | 68347 |
| appeals, shall provide a copy of the ordinance or regulation to | 68348 |
| the board of tax appeals. | 68349 |
| Sec. 5717.02. (A) Except as otherwise provided by law, | 68350 |
| appeals from final determinations by the tax commissioner of any | 68351 |
| preliminary, amended, or final tax assessments, reassessments, | 68352 |
| valuations, determinations, findings, computations, or orders made | 68353 |
| by the commissioner may be taken to the board of tax appeals by | 68354 |
| the taxpayer, by the person to whom notice of the tax assessment, | 68355 |
| reassessment, valuation, determination, finding, computation, or | 68356 |
| order by the commissioner is required by law to be given, by the | 68357 |
| director of budget and management if the revenues affected by that | 68358 |
| decision would accrue primarily to the state treasury, or by the | 68359 |
| county auditors of the counties to the undivided general tax funds | 68360 |
| of which the revenues affected by that decision would primarily | 68361 |
| accrue. Appeals from the redetermination by the director of | 68362 |
| development under division (B) of section 5709.64 or division (A) | 68363 |
| of section 5709.66 of the Revised Code may be taken to the board | 68364 |
| of tax appeals by the enterprise to which notice of the | 68365 |
| redetermination is required by law to be given. Appeals from a | 68366 |
| decision of the tax commissioner or county auditor concerning an | 68367 |
| application for a property tax exemption may be taken to the board | 68368 |
| of tax appeals by the applicant or by a school district that filed | 68369 |
| a statement concerning that application under division (C) of | 68370 |
| section 5715.27 of the Revised Code. Appeals from a | 68371 |
| redetermination by the director of job and family services under | 68372 |
| section 5733.42 of the Revised Code may be taken by the person to | 68373 |
| which the notice of the redetermination is required by law to be | 68374 |
| given under that section. | 68375 |
| (B) The appeals shall be taken by the filing of a notice of | 68376 |
| appeal with the board, and with the tax commissioner if the tax | 68377 |
| commissioner's action is the subject of the appeal, with the | 68378 |
| county auditor if the county auditor's action is the subject of | 68379 |
| the appeal, with the director of development if that director's | 68380 |
| action is the subject of the appeal, or with the director of job | 68381 |
| and family services if that director's action is the subject of | 68382 |
| the appeal. The notice of appeal shall be filed within sixty days | 68383 |
| after service of the notice of the tax assessment, reassessment, | 68384 |
| valuation, determination, finding, computation, or order by the | 68385 |
| commissioner, property tax exemption determination by the | 68386 |
| commissioner or the county auditor, or redetermination by the | 68387 |
| director has been given as provided in section 5703.37, 5709.64, | 68388 |
| 5709.66, or 5733.42 of the Revised Code. The notice of appeal may | 68389 |
| be filed in person or by certified mail, express mail, facsimile | 68390 |
| transmission, electronic transmission using electronic mail, or | 68391 |
| by authorized delivery service. If the notice of appeal is filed | 68392 |
| by certified mail, express mail, or authorized delivery service as | 68393 |
| provided in section 5703.056 of the Revised Code, the date of the | 68394 |
| United States postmark placed on the sender's receipt by the | 68395 |
| postal service or the date of receipt recorded by the authorized | 68396 |
| delivery service shall be treated as the date of filing. If notice | 68397 |
| of appeal is filed by facsimile transmission or electronic | 68398 |
| transmission using electronic mail, the date and time of the | 68399 |
| transmission shall be treated as the date of filing. The notice of | 68400 |
| appeal shall have attached to it and incorporated in it by | 68401 |
| reference a true copy of the notice sent by the commissioner, | 68402 |
| county auditor, or director to the taxpayer, enterprise, or other | 68403 |
| person of the final determination or redetermination complained | 68404 |
| of, and shall also specify the errors therein complained of, but | 68405 |
| failure to attach a copy of that notice and to incorporate it by | 68406 |
| reference in the notice of appeal does not invalidate the appeal. | 68407 |
| (C) Upon the filing of a notice of appeal, the tax | 68408 |
| commissioner, county auditor, or the director, as appropriate, | 68409 |
| shall certify to the board a transcript of the record of the | 68410 |
| proceedings before the commissioner, auditor, or director, | 68411 |
| together with all evidence considered by the commissioner, | 68412 |
| auditor, or director in connection with the proceedings. Those | 68413 |
| appeals or applications may be heard by the board at its office in | 68414 |
| Columbus or in the county where the appellant resides, or it may | 68415 |
| cause its examiners to conduct the hearings and to report to it | 68416 |
| their findings for affirmation or rejection. The board shall | 68417 |
| institute procedures to control and manage appeals governed by | 68418 |
| this section. The procedures shall include the conduct of | 68419 |
| discovery such that, upon the filing of the statutory transcript | 68420 |
| in an appeal, the board, through its attorney examiners, shall | 68421 |
| establish a case management schedule in consultation with the | 68422 |
| parties and their counsel subject to section 5703.021 of the | 68423 |
| Revised Code. | 68424 |
| (D) The board may order the appeal to be heard upon the | 68425 |
| record and the evidence certified to it by the commissioner, | 68426 |
| county auditor, or director, but upon the application of any | 68427 |
| interested party the board shall order the hearing of additional | 68428 |
| evidence, and it may make an investigation concerning the appeal | 68429 |
| that it considers proper. An appeal may proceed pursuant to | 68430 |
| section 5703.021 of the Revised Code in the small claims division | 68431 |
| if the appeal qualifies under that section. | 68432 |
| Sec. 5725.02. | 68433 |
| cashier or other principal accounting officer of each bank, the | 68434 |
| secretary or other principal accounting officer of each other | 68435 |
| incorporated financial institution, and the manager or owner of | 68436 |
| each unincorporated financial institution shall return to the | 68437 |
| department of taxation between the first and second Mondays of | 68438 |
| March, annually, a report exhibiting in detail, and under | 68439 |
| appropriate heads, the resources and liabilities of such | 68440 |
| institution at the close of business on the thirty-first day of | 68441 |
| December next preceding. | 68442 |
| The report of each financial institution shall also show the | 68443 |
| aggregate balances of the taxable deposits of its depositors in | 68444 |
| each county in which the institution maintained an office for the | 68445 |
| receipt of deposits, at the end of business on the day fixed by | 68446 |
| the tax commissioner pursuant to section 5725.05 of the Revised | 68447 |
| Code. The report shall show also the names and addresses of all | 68448 |
| depositors whose deposits were wholly withdrawn from such | 68449 |
| institution between the day so fixed and the date on which notice | 68450 |
| of the fixing was received by such institution, or if no such | 68451 |
| notice was received, then between the day fixed and the first day | 68452 |
| of January next following, and the amount of taxable deposits of | 68453 |
|
each such | 68454 |
| Sec. 5725.14. (A) As used in this section and section 5725.15 | 68455 |
| of the Revised Code: | 68456 |
| (1) "Billing address" of a customer means one of the | 68457 |
| following: | 68458 |
| (a) The customer's address as set forth in any notice, | 68459 |
| statement, bill, or similar acknowledgment shall be presumed to be | 68460 |
| the address where the customer is located with respect to the | 68461 |
| transaction for which the dealer issued the notice, statement, | 68462 |
| bill, or acknowledgment. | 68463 |
| (b) If the dealer issues any notice, statement, bill, or | 68464 |
| similar acknowledgment electronically to an address other than a | 68465 |
| street address or post office box address or if the dealer does | 68466 |
| not issue such a notice, statement, bill, or acknowledgment, the | 68467 |
| customer's street address as set forth in the records of the | 68468 |
| dealer at the time of the transaction shall be presumed to be the | 68469 |
| address where the customer is located. | 68470 |
| (2) "Commissions" includes but is not limited to brokerage | 68471 |
| commissions, asset management fees, and similar fees charged in | 68472 |
| the regular course of business to a customer for the maintenance | 68473 |
| and management of the customer's account. | 68474 |
| (3) "Gross receipts" means one of the following: | 68475 |
| (a) In the case of a dealer in intangibles principally | 68476 |
| engaged in the business of lending money or discounting loans, the | 68477 |
| aggregate amount of loans effected or discounted; | 68478 |
| (b) In the case of a dealer in intangibles principally | 68479 |
| engaged in the business of selling or buying stocks, bonds, or | 68480 |
| other similar securities either on the dealer's own account or as | 68481 |
| agent for another, the aggregate amount of all commissions | 68482 |
| charged. | 68483 |
| (B) Each dealer in intangibles shall return to the tax | 68484 |
| commissioner between the first and second Mondays of March, | 68485 |
| annually for return years prior to 2014, a report exhibiting in | 68486 |
| detail, and under appropriate heads, the dealer's resources and | 68487 |
| liabilities at the close of business on the thirty-first day of | 68488 |
| December next preceding. In the case of an unincorporated dealer | 68489 |
| in intangibles, such report shall also exhibit the amount or value | 68490 |
| as of the date of conversion of all property within the year | 68491 |
| preceding the date of listing, and on or after the first day of | 68492 |
| November converted into bonds or other securities not taxed to the | 68493 |
| extent such nontaxable bonds or securities may be shown in the | 68494 |
| dealer's resources on such date, without deduction for | 68495 |
| indebtedness created in the purchase of such nontaxable bonds or | 68496 |
| securities. | 68497 |
| If a dealer in intangibles maintains separate business | 68498 |
| offices, whether within this state only or within and without this | 68499 |
| state, the report shall also show the gross receipts from business | 68500 |
| done at each such office during the year ending on the | 68501 |
| thirty-first day of December next preceding. | 68502 |
| For the purposes of this section and section 5725.15 of the | 68503 |
| Revised Code, business is considered done at an office when it | 68504 |
| originates at such office, but the receipts from business | 68505 |
| originating at one office and consummated at another office shall | 68506 |
| be divided equitably between such offices. | 68507 |
| (C) For the purposes of this section and section 5725.15 of | 68508 |
| the Revised Code, in the case of a dealer in intangibles | 68509 |
| principally engaged in the business of selling or buying stocks, | 68510 |
| bonds, or other similar securities either on the dealer's own | 68511 |
| account or as agent for another, the dealer's capital, surplus, | 68512 |
| and undivided profits employed in this state shall bear the same | 68513 |
| ratio to the dealer's total capital, surplus, and undivided | 68514 |
| profits employed everywhere as the amount described in division | 68515 |
| (C)(1) of this section bears to the amount described in division | 68516 |
| (C)(2) of this section: | 68517 |
| (1) The sum of the commissions earned during the year covered | 68518 |
| by the report from transactions with respect to brokerage accounts | 68519 |
| owned by customers having billing addresses in this state; | 68520 |
| (2) The sum of the commissions earned during that year from | 68521 |
| transactions with respect to brokerage accounts owned by all of | 68522 |
| the dealer's customers. | 68523 |
| (D) An incorporated dealer in intangibles which owns or | 68524 |
| controls fifty-one per cent or more of the common stock of another | 68525 |
| incorporated dealer in intangibles may, under uniform regulations | 68526 |
| prescribed by the tax commissioner, make a consolidated return for | 68527 |
| the purpose of sections 5725.01 to 5725.26, inclusive, of the | 68528 |
| Revised Code. In such case the parent corporation making such | 68529 |
| return is not required to include in its resources any of the | 68530 |
| stocks, securities, or other obligations of its subsidiary | 68531 |
| dealers, nor permitted to include in its liabilities any of its | 68532 |
| own securities or other obligations belonging to its subsidiaries. | 68533 |
| Sec. 5725.16. On or before the first Monday of May, annually | 68534 |
| for return years prior to 2014, the tax commissioner shall certify | 68535 |
| to the treasurer of state the assessment of the shares or property | 68536 |
| representing capital, or apportionment of either, of each dealer | 68537 |
| in intangibles doing business in the state, showing separately the | 68538 |
| amount representing capital employed in each county. | 68539 |
| The treasurer of state shall place the amounts certified on | 68540 |
|
the intangible property tax list in | 68541 |
| office in the names of the dealers represented by those | 68542 |
| certificates. | 68543 |
| Any certificate of abatement issued pursuant to section | 68544 |
| 5703.05 of the Revised Code for the overpayment of the tax on | 68545 |
| shares or property representing capital of a dealer in intangibles | 68546 |
| may be tendered by the payee or transferee thereof to the | 68547 |
| treasurer of state as payment for any taxes allocable to the | 68548 |
| county in which the claim for overpayment arose. | 68549 |
| Sec. 5725.26. The real estate of a financial institution or | 68550 |
| dealer in intangibles shall be taxed in the place where it is | 68551 |
| located, the same as the real estate of persons is taxed, but the | 68552 |
| taxes provided for in Chapters 5725., 5726., and 5733. of the | 68553 |
|
Revised Code | 68554 |
| property and assets of such institution or dealer, except personal | 68555 |
| property taxable under Chapter 5711. of the Revised Code and | 68556 |
| leased, or held for the purpose of leasing, to others if the owner | 68557 |
| or lessor of the property acquired it for the sole purpose of | 68558 |
| leasing it to others. | 68559 |
| For reports required to be filed under section 5725.14 of the | 68560 |
| Revised Code in 2003 and thereafter, nothing in this section shall | 68561 |
| be construed to exempt the property of any dealer in intangibles | 68562 |
| under section 5725.13 of the Revised Code from the tax imposed | 68563 |
| under section 5707.03 of the Revised Code. | 68564 |
| Sec. 5725.33. (A) Except as otherwise provided in this | 68565 |
| section, terms used in this section have the same meaning as | 68566 |
| section 45D of the Internal Revenue Code, any related proposed, | 68567 |
| temporary or final regulations promulgated under the Internal | 68568 |
| Revenue Code, any rules or guidance of the internal revenue | 68569 |
| service or the United States department of the treasury, and any | 68570 |
| related rules or guidance issued by the community development | 68571 |
| financial institutions fund of the United States department of the | 68572 |
| treasury, as such law, regulations, rules, and guidance exist on | 68573 |
|
the effective date of the | 68574 |
| 68575 |
| As used in this section: | 68576 |
| (1) | 68577 |
| 68578 | |
| 68579 | |
| 68580 | |
| 68581 | |
| 68582 | |
| 68583 | |
| 68584 |
| | 68585 |
|
of the first | 68586 |
| 68587 | |
| four following credit allowance dates. | 68588 |
| | 68589 |
| January 1, 2010, a qualified equity investment is made and each of | 68590 |
| the six anniversary dates thereafter. For qualified equity | 68591 |
|
investments made after | 68592 |
| 16, 2009, but before January 1, 2010, the initial credit allowance | 68593 |
| date is January 1, 2010, and each of the six anniversary dates | 68594 |
| thereafter is on the first day of January of each year. | 68595 |
| | 68596 |
| 68597 | |
| 68598 | |
| 68599 | |
| 68600 | |
| 68601 | |
| 68602 | |
| 68603 | |
| 68604 |
| | 68605 |
| entities: | 68606 |
| (a) That have entered into an allocation agreement with the | 68607 |
| community development financial institutions fund of the United | 68608 |
| States department of the treasury with respect to credits | 68609 |
| authorized by section 45D of the Internal Revenue Code; | 68610 |
| (b) Whose service area includes any portion of this state; | 68611 |
| and | 68612 |
| (c) That will designate an equity investment in such entities | 68613 |
| as a qualified equity investment for purposes of both section 45D | 68614 |
| of the Internal Revenue Code and this section. The investment may | 68615 |
| be committed from any qualified community development entity. | 68616 |
| | 68617 |
| investment in a qualified community development entity that: | 68618 |
| (a) Is acquired after | 68619 |
| 68620 | |
| exchange for cash; | 68621 |
| (b) Has at least eighty-five per cent of its cash purchase | 68622 |
| price used by the qualified community development entity to make | 68623 |
| qualified low-income community investments, provided that in the | 68624 |
| seventh year after a qualified equity investment is made, only | 68625 |
| seventy-five per cent of such cash purchase price must be used by | 68626 |
| the qualified community development entity to make qualified | 68627 |
| low-income community investments; and | 68628 |
| (c) Is designated by the issuer as a qualified equity | 68629 |
| investment. | 68630 |
| "Qualified equity investment" includes any equity investment | 68631 |
|
that would, but for division (A) | 68632 |
| qualified equity investment in the hands of the taxpayer if such | 68633 |
| investment was a qualified equity investment in the hands of a | 68634 |
| prior holder. | 68635 |
| (B) There is hereby allowed a nonrefundable credit against | 68636 |
| the tax imposed by section 5725.18 of the Revised Code for an | 68637 |
| insurance company holding a qualified equity investment on the | 68638 |
| credit allowance date occurring in the calendar year for which the | 68639 |
| tax is due. The credit shall equal the applicable percentage of | 68640 |
|
the | 68641 |
| investments, subject to divisions (B)(1) and (2) of this section: | 68642 |
| (1) For the purpose of calculating the amount of qualified | 68643 |
| low-income community investments held by a qualified community | 68644 |
| development entity, an investment shall be considered held by a | 68645 |
| qualified community development entity even if the investment has | 68646 |
| been sold or repaid, provided that, at any time before the seventh | 68647 |
| anniversary of the issuance of the qualified equity investment, | 68648 |
| the qualified community development entity reinvests an amount | 68649 |
| equal to the capital returned to or received or recovered by the | 68650 |
| qualified community development entity from the original | 68651 |
| investment, exclusive of any profits realized and costs incurred | 68652 |
| in the sale or repayment, in another qualified low-income | 68653 |
| community investment within twelve months of the receipt of such | 68654 |
| capital. If the qualified low-income community investment is sold | 68655 |
| or repaid after the sixth anniversary of the issuance of the | 68656 |
| qualified equity investment, the qualified low-income community | 68657 |
|
investment shall be considered held by the
| 68658 |
| community development entity through the seventh anniversary of | 68659 |
| the qualified equity investment's issuance. | 68660 |
| (2) The qualified low-income community investment shall be | 68661 |
| made in projects located in this state and shall equal the sum of | 68662 |
| the qualified low-income community investments in each qualified | 68663 |
| active low-income community business in this state, not to exceed | 68664 |
| two million five hundred sixty-four thousand one hundred three | 68665 |
| dollars, in which the qualified community development entity | 68666 |
| invests, including such investments in any such businesses in this | 68667 |
| state related to that qualified active low-income community | 68668 |
| business through majority ownership or control. The credit for the | 68669 |
| sum of such investments shall not exceed one million dollars. | 68670 |
| The credit shall be claimed in the order prescribed by | 68671 |
| section 5725.98 of the Revised Code. If the amount of the credit | 68672 |
| exceeds the amount of tax otherwise due after deducting all other | 68673 |
| credits in that order, the excess may be carried forward and | 68674 |
| applied to the tax due for not more than four ensuing years. | 68675 |
| By claiming a tax credit under this section, an insurance | 68676 |
| company waives its rights under section 5725.222 of the Revised | 68677 |
| Code with respect to the time limitation for the assessment of | 68678 |
| taxes as it relates to credits claimed that later become subject | 68679 |
| to recapture under division (E) of this section. | 68680 |
| (C) The amount of qualified equity investments on the basis | 68681 |
| of which credits may be claimed under this section and sections | 68682 |
| 5729.16 and 5733.58 of the Revised Code shall not exceed the | 68683 |
| amount, estimated by the director of development, that would cause | 68684 |
| the total amount of credits allowed each fiscal year to exceed ten | 68685 |
| million dollars, computed without regard to the potential for | 68686 |
| taxpayers to carry tax credits forward to later years. | 68687 |
| (D) If any amount of the federal tax credit allowed for a | 68688 |
| qualified equity investment for which a credit was received under | 68689 |
| this section is recaptured under section 45D of the Internal | 68690 |
| Revenue Code, or if the director of development services | 68691 |
| determines that an investment for which a tax credit is claimed | 68692 |
| under this section is not a qualified equity investment or that | 68693 |
| the proceeds of an investment for which a tax credit is claimed | 68694 |
| under this section are used to make qualified low-income community | 68695 |
| investments other than in a qualified active low-income community | 68696 |
| business, all or a portion of the credit received on account of | 68697 |
| that investment shall be paid by the insurance company that | 68698 |
| received the credit to the superintendent of insurance. The amount | 68699 |
| to be recovered shall be determined by the director of development | 68700 |
| services pursuant to rules adopted under division (E) of this | 68701 |
| section. The director shall certify any amount due under this | 68702 |
| division to the superintendent of insurance, and the | 68703 |
| superintendent shall notify the treasurer of state of the amount | 68704 |
| due. Upon notification, the treasurer shall invoice the insurance | 68705 |
| company for the amount due. The amount due is payable not later | 68706 |
| than thirty days after the date the treasurer invoices the | 68707 |
| insurance company. The amount due shall be considered to be tax | 68708 |
| due under section 5725.18 of the Revised Code, and may be | 68709 |
| collected by assessment without regard to the time limitations | 68710 |
| imposed under section 5725.222 of the Revised Code for the | 68711 |
| assessment of taxes by the superintendent. All amounts collected | 68712 |
| under this division shall be credited as revenue from the tax | 68713 |
| levied under section 5725.18 of the Revised Code. | 68714 |
| (E) The tax credits authorized under this section and | 68715 |
| sections 5726.54, 5729.16, and 5733.58 of the Revised Code shall | 68716 |
| be administered by the department of development services. The | 68717 |
| director of development services, in consultation with the tax | 68718 |
| commissioner and the superintendent of insurance, pursuant to | 68719 |
| Chapter 119. of the Revised Code, shall adopt rules for the | 68720 |
| administration of this section and sections 5726.54, 5729.16, and | 68721 |
| 5733.58 of the Revised Code. The rules shall provide for | 68722 |
| determining the recovery of credits under division (D) of this | 68723 |
|
section | 68724 |
|
5729.16, and
| 68725 |
| prorating the amount of the credit to be recovered on any | 68726 |
| reasonable basis, the manner in which credits may be allocated | 68727 |
| among claimants, and the amount of any application or other fees | 68728 |
| to be charged in connection with a recovery. | 68729 |
| (F) There is hereby created in the state treasury the new | 68730 |
| markets tax credit operating fund. The director of development | 68731 |
| services is authorized to charge reasonable application and other | 68732 |
| fees in connection with the administration of tax credits | 68733 |
| authorized by this section and sections 5726.54, 5729.16, and | 68734 |
| 5733.58 of the Revised Code. Any such fees collected shall be | 68735 |
| credited to the fund. The director of development services shall | 68736 |
| use money in the fund to pay expenses related to the | 68737 |
| administration of tax credits authorized under sections 5725.33, | 68738 |
| 5726.54, 5729.16, and 5733.58 of the Revised Code. | 68739 |
| Sec. 5726.01. As used in this chapter: | 68740 |
| (A) "Bank organization" means any of the following: | 68741 |
| (1) A national bank organized and operating as a national | 68742 |
| bank association pursuant to the "National Bank Act," 13 Stat. 100 | 68743 |
| (1864), 12 U.S.C. 21, et seq.; | 68744 |
| (2) A federal savings association or federal savings bank | 68745 |
| chartered under 12 U.S.C. 1464; | 68746 |
| (3) A bank, banking association, trust company, savings and | 68747 |
| loan association, savings bank, or other banking institution that | 68748 |
| is organized or incorporated under the laws of the United States, | 68749 |
| any state, or a foreign country; | 68750 |
| (4) Any corporation organized and operating pursuant to 12 | 68751 |
| U.S.C. 611, et seq.; | 68752 |
| (5) Any agency or branch of a foreign bank, as those terms | 68753 |
| are defined in 12 U.S.C. 3101; | 68754 |
| (6) An entity licensed as a small business investment company | 68755 |
| under the "Small Business Investment Act of 1958," 72 Stat. 689, | 68756 |
| 15 U.S.C. 661, et seq.; | 68757 |
| (7) A company chartered under the "Farm Credit Act of 1933," | 68758 |
| 48 Stat. 257, or a successor of such a company. | 68759 |
| "Bank organization" does not include an institution organized | 68760 |
| under the "Federal Farm Loan Act," 39 Stat. 360 (1916), or a | 68761 |
| successor of such an institution, an insurance company, or a | 68762 |
| credit union. | 68763 |
| (B) "Call report" means the consolidated reports of condition | 68764 |
| and income prescribed by the federal financial institutions | 68765 |
| examination council that a person is required to file with a | 68766 |
| federal regulatory agency pursuant to 12 U.S.C. 161, 12 U.S.C. | 68767 |
| 324, or 12 U.S.C. 1817. | 68768 |
| (C) "Credit union" means a nonprofit cooperative financial | 68769 |
| institution organized or chartered under the laws of this state, | 68770 |
| any other state, or the United States. | 68771 |
| (D) "Document of creation" means the articles of | 68772 |
| incorporation of a corporation, articles of organization of a | 68773 |
| limited liability company, registration of a foreign limited | 68774 |
| liability company, certificate of limited partnership, | 68775 |
| registration of a foreign limited partnership, registration of a | 68776 |
| domestic or foreign limited liability partnership, or registration | 68777 |
| of a trade name. | 68778 |
| (E) "Financial institution" means a bank organization, a | 68779 |
| holding company of a bank organization, or a nonbank financial | 68780 |
| organization, except when one of the following applies: | 68781 |
| (1) If two or more such entities are consolidated for the | 68782 |
| purposes of filing an FR Y-9, "financial institution" means a | 68783 |
| group consisting of all such entities that are included in the FR | 68784 |
| Y-9. | 68785 |
| (2) If two or more such entities are consolidated for the | 68786 |
| purposes of filing a call report, "financial institution" means a | 68787 |
| group consisting of all such entities that are included in the | 68788 |
| call report and that are not included in a group described in | 68789 |
| division (E)(1) of this section. | 68790 |
| (3) If a nonbank financial organization directly or | 68791 |
| indirectly owns or controls more than fifty per cent of the | 68792 |
| ownership interests in one or more other nonbank financial | 68793 |
| organizations, or if another common owner owns or controls more | 68794 |
| than fifty per cent of the ownership interests in two or more | 68795 |
| nonbank financial organizations, "financial institution" means a | 68796 |
| group consisting of all such nonbank financial organizations that | 68797 |
| are not included in a group described in division (E)(1) or (2) of | 68798 |
| this section. | 68799 |
| "Financial institution" does not include a diversified | 68800 |
| savings and loan holding company as defined in 12 U.S.C. 1467a. | 68801 |
| (F) "FR Y-9" means the consolidated or parent-only financial | 68802 |
| statements that a holding company is required to file with the | 68803 |
| federal reserve board pursuant to 12 U.S.C. 1844. In the case of a | 68804 |
| holding company required to file both consolidated and parent-only | 68805 |
| financial statements, "FR Y-9" means the consolidated financial | 68806 |
| statements that the holding company is required to file. | 68807 |
| (G) "Gross receipts" means all items of income, without | 68808 |
| deduction for expenses. If the reporting person for a taxpayer is | 68809 |
| a holding company, "gross receipts" includes all items of income | 68810 |
| reported on the FR Y-9 filed by the holding company. If the | 68811 |
| reporting person for a taxpayer is a bank organization, "gross | 68812 |
| receipts" includes all items of income reported on the call report | 68813 |
| filed by the bank organization. If the reporting person for a | 68814 |
| taxpayer is a nonbank financial organization, "gross receipts" | 68815 |
| includes all items of income reported in accordance with generally | 68816 |
| accepted accounting principles. | 68817 |
| (H) "Insurance company" means every corporation, association, | 68818 |
| and society engaged in the business of insurance of any character, | 68819 |
| or engaged in the business of entering into contracts | 68820 |
| substantially amounting to insurance of any character, or of | 68821 |
| indemnifying or guaranteeing against loss or damage, or acting as | 68822 |
| surety on bonds or undertakings. "Insurance company" also includes | 68823 |
| any health insuring corporation as defined in section 1751.01 of | 68824 |
| the Revised Code. | 68825 |
| (I)(1) "Nonbank financial organization" means every person | 68826 |
| that is not a bank organization and that engages in a business | 68827 |
| that consists primarily of lending money; discounting, | 68828 |
| securitizing, buying, or selling bills of exchange, drafts, | 68829 |
| acceptances, notes, mortgages, or other evidences of indebtedness; | 68830 |
| or securitizing, buying, or selling bonds, stocks, or other | 68831 |
| investment securities, whether on the person's own account, or as | 68832 |
| an agent or broker for others, with a view to profit or personal | 68833 |
| earnings. The investment of funds as personal accumulations or as | 68834 |
| business reserves or working capital shall not constitute engaging | 68835 |
| in a business within the meaning of this division, provided that a | 68836 |
| "nonbank financial organization" shall include any person that | 68837 |
| was, but is not currently, engaged in a business within the | 68838 |
| meaning of this division and that remains in business primarily | 68839 |
| for the purpose of realizing upon the assets of the business. | 68840 |
| "Nonbank financial organization" does not include an institution | 68841 |
| organized under the "Federal Farm Loan Act," 39 Stat. 360 (1916), | 68842 |
| or a successor of such an institution, an insurance company, a | 68843 |
| credit union, or an institution organized and operated exclusively | 68844 |
| for charitable purposes within the meaning of section 501(c)(3) of | 68845 |
| the Internal Revenue Code. | 68846 |
| (2) The tax commissioner shall adopt a rule defining | 68847 |
| "primarily" as that term is used in division (I)(1) of this | 68848 |
| section. | 68849 |
| (J) "Reporting person" means one of the following: | 68850 |
| (1) In the case of a financial institution described in | 68851 |
| division (E)(1) of this section, the top-tier holding company | 68852 |
| required to file an FR Y-9. | 68853 |
| (2) In the case of a financial institution described in | 68854 |
| division (E)(2) of this section, the bank organizationrequired to | 68855 |
| file the call report. | 68856 |
| (3) In the case of a financial institution described in | 68857 |
| division (E)(3) of this section, the nonbank financial | 68858 |
| organization that directly or indirectly owns or controls more | 68859 |
| than fifty per cent of the ownership interests in the other | 68860 |
| nonbank financial organizations or, if the common owner is not a | 68861 |
| nonbank financial organization, a member of the group described in | 68862 |
| division (E)(3) of this section selected by the group to be the | 68863 |
| reporting person for purposes of this chapter. | 68864 |
| (4) In the case of a bank organization or nonbank financial | 68865 |
| organization that is not included in a group described in division | 68866 |
| (E)(1), (2), or (3) of this section, the bank organization or | 68867 |
| nonbank financial organization. | 68868 |
| (K) "Tax year" means the calendar year for which the tax | 68869 |
| levied under section 5726.02 of the Revised Code is required to be | 68870 |
| paid. | 68871 |
| (L) "Taxable year" means the calendar year preceding the year | 68872 |
| in which an annual report is required to be filed under section | 68873 |
| 5726.03 of the Revised Code. | 68874 |
| (M) "Taxpayer" means a financial institution subject to the | 68875 |
| tax levied under section 5726.02 of the Revised Code. | 68876 |
| (N) "Total equity capital" means the sum of the common stock | 68877 |
| at par value, perpetual preferred stock and related surplus, other | 68878 |
| surplus not related to perpetual preferred stock, retained | 68879 |
| earnings, accumulated other comprehensive income, treasury stock, | 68880 |
| unearned employee stock ownership plan shares, and other equity | 68881 |
| components of a financial institution. | 68882 |
| (O) "Total Ohio equity capital" means the portion of the | 68883 |
| total equity capital of a financial institution apportioned to | 68884 |
| Ohio pursuant to section 5726.05 of the Revised Code. | 68885 |
| Sec. 5726.02. (A) For the purpose of funding the needs of | 68886 |
| this state and its local governments beginning with the tax year | 68887 |
| that commences on January 1, 2014, and continuing for every tax | 68888 |
| year thereafter, there is hereby levied a tax on each financial | 68889 |
| institution for the privilege of doing business in this state. | 68890 |
| Financial institutions upon which the tax is levied include | 68891 |
| financial institutions organized for profit and conducting | 68892 |
| business as a financial institution in this state and financial | 68893 |
| institutions otherwise having nexus in or with this state under | 68894 |
| the Constitution of the United States. The tax is an annual | 68895 |
| privilege tax that shall be paid in each tax year for the | 68896 |
| privilege of doing business in this state for any portion of the | 68897 |
| calendar year preceding the tax year. | 68898 |
| (B) The amount of tax a financial institution is required to | 68899 |
| pay under this chapter shall equal the greater of the minimum tax | 68900 |
| required under division (A)(1) of section 5726.04 of the Revised | 68901 |
| Code or the amount by which the tax calculated under division | 68902 |
| (A)(2) of that section exceeds any credits allowed against the | 68903 |
| tax. | 68904 |
| Sec. 5726.03. (A)(1) Annually, on or before the thirty-first | 68905 |
| day of March, or on or before a later date as extended under | 68906 |
| division (B) of this section, the reporting person for each | 68907 |
| taxpayer shall make a report in writing to the tax commissioner, | 68908 |
| in such form as the commissioner prescribes, and shall remit to | 68909 |
| the commissioner the amount of tax shown to be due on the report. | 68910 |
| The remittance shall be made payable to the treasurer of state. | 68911 |
| The remittance shall be made in the form prescribed by the | 68912 |
| commissioner, including by electronic funds transfer if so | 68913 |
| required under division (D) of this section. The commissioner | 68914 |
| shall make available, on the official internet web site of the | 68915 |
| department of taxation, copies of the forms prescribed by the | 68916 |
| commissioner for the purpose of making the annual report. | 68917 |
| (2) A domestic reporting person shall not dissolve, and a | 68918 |
| foreign reporting person shall not withdraw or retire from | 68919 |
| business in Ohio, on or after the first day of January of any year | 68920 |
| without filing an annual report with the commissioner and paying | 68921 |
| or securing the tax due for the tax year in which such dissolution | 68922 |
| or withdrawal occurs. | 68923 |
| (3) An annual report shall be signed by the president, | 68924 |
| vice-president, secretary, treasurer, general manager, | 68925 |
| superintendent, or managing agent in this state of the reporting | 68926 |
| person. | 68927 |
| (4) An annual report shall contain the facts, figures, | 68928 |
| computations, and attachments that result in the determination of | 68929 |
| the amount of tax due from a taxpayer under this chapter. | 68930 |
| (B) The tax commissioner may extend, for not more than three | 68931 |
| months, the period of time for filing an annual report. The | 68932 |
| extension of time to file an annual report shall not extend the | 68933 |
| time for payment of the tax. Any tax not paid on or before the due | 68934 |
| date for such payment shall be subject to penalty and interest as | 68935 |
| provided in this chapter. | 68936 |
| (C)(1) In the case of a financial institution described in | 68937 |
| division (E)(1) of section 5726.01 of the Revised Code, the annual | 68938 |
| report filed for a taxable year shall list, and include | 68939 |
| information related to, each person includable in an FR Y-9 filed | 68940 |
| by the reporting person for that taxable year. | 68941 |
| (2) In the case of a financial institution described in | 68942 |
| division (E)(2) of section 5726.01 of the Revised Code, the annual | 68943 |
| report for a taxable year shall list, and include information | 68944 |
| related to, each person includable in a call report filed by the | 68945 |
| reporting person for that taxable year. | 68946 |
| (3) In the case of a financial institution described in | 68947 |
| division (E)(3) of section 5726.01 of the Revised Code, the annual | 68948 |
| report for a taxable year shall list, and include information | 68949 |
| related to, each nonbank financial organization that is a member | 68950 |
| of the group described in that division. | 68951 |
| (D)(1) Except as provided in division (D)(4) of this section, | 68952 |
| if the total liability of a taxpayer for the tax imposed by | 68953 |
| section 5726.02 of the Revised Code, after reduction for all | 68954 |
| credits allowed to the taxpayer, exceeds fifty thousand dollars in | 68955 |
| a tax year, the reporting person for the taxpayer shall remit tax | 68956 |
| payments for each succeeding tax year by electronic funds transfer | 68957 |
| in accordance with division (D) of this section. | 68958 |
| If a taxpayer's total tax payments for each of two | 68959 |
| consecutive tax years is less than fifty thousand dollars, the | 68960 |
| taxpayer is relieved of the requirement to remit taxes by | 68961 |
| electronic funds transfer for the tax year that next follows the | 68962 |
| second of the consecutive years in which the tax payment is less | 68963 |
| than that amount, and is relieved of that requirement for each | 68964 |
| succeeding year, unless the tax payment in a subsequent tax year | 68965 |
| equals or exceeds fifty thousand dollars. | 68966 |
| The tax commissioner shall notify each taxpayer required to | 68967 |
| remit taxes by electronic funds transfer of the taxpayer's | 68968 |
| obligation to do so. The commissioner shall maintain an updated | 68969 |
| list of such taxpayers and provide the list, along with any | 68970 |
| additions to or deletions from the list, to the treasurer of | 68971 |
| state. Failure by the tax commissioner to notify a taxpayer of its | 68972 |
| obligation to remit taxes by electronic funds transfer under | 68973 |
| division (D) of this section shall not relieve the taxpayer of | 68974 |
| such obligation. | 68975 |
| (2) The reporting person for a taxpayer required to remit tax | 68976 |
| payments by electronic funds transfer under division (D)(1) of | 68977 |
| this section shall remit such payments to the treasurer of state | 68978 |
| in the manner prescribed by rules adopted by the treasurer under | 68979 |
| section 113.061 of the Revised Code. | 68980 |
| (3) The payment of taxes by electronic funds transfer shall | 68981 |
| not affect a taxpayer's obligation to file an annual report | 68982 |
| required under division (A) of this section. | 68983 |
| (4) The reporting person for a taxpayer that is required to | 68984 |
| remit tax payments by electronic funds transfer under this section | 68985 |
| may apply to the treasurer of state, in the manner prescribed by | 68986 |
| the treasurer, to be excused from that requirement. The treasurer | 68987 |
| may excuse the taxpayer from remittance by electronic funds | 68988 |
| transfer for good cause shown for the period of time requested by | 68989 |
| the reporting person or for a portion of that period. The | 68990 |
| treasurer shall notify the tax commissioner and the taxpayer of | 68991 |
| the treasurer's decision as soon as is practicable. | 68992 |
| (5)(a) If the reporting person for a taxpayer that is | 68993 |
| required to remit tax payments by electronic funds transfer under | 68994 |
| this section remits those payments by some means other than | 68995 |
| electronic funds transfer as prescribed by this section and the | 68996 |
| rules adopted by the treasurer of state, and if the treasurer | 68997 |
| determines that such failure was not due to reasonable cause or | 68998 |
| was due to willful neglect, the treasurer shall notify the tax | 68999 |
| commissioner of the failure to remit by electronic funds transfer | 69000 |
| and shall provide the commissioner with any information used in | 69001 |
| making that determination. | 69002 |
| (b) For the failure of a reporting person to remit payments | 69003 |
| by electronic funds transfer, the tax commissioner may collect an | 69004 |
| additional charge by assessment against the taxpayer in the manner | 69005 |
| prescribed by section 5726.20 of the Revised Code. The additional | 69006 |
| charge shall equal five per cent of the amount of taxes or | 69007 |
| estimated tax payments required to be paid by electronic funds | 69008 |
| transfer, but shall not exceed five thousand dollars. An | 69009 |
| additional charge assessed under this section is in addition to | 69010 |
| any other penalty or charge imposed under this chapter and shall | 69011 |
| be considered as revenue arising from the tax levied under this | 69012 |
| chapter. The tax commissioner may remit all or a portion of such a | 69013 |
| charge and may adopt rules governing such remission. | 69014 |
| (c) No additional charge shall be assessed under division | 69015 |
| (D)(5) of this section against a taxpayer that has been notified | 69016 |
| of its obligation to remit taxes under this section and that | 69017 |
| remits its first two tax payments after such notification by some | 69018 |
| means other than electronic funds transfer. The additional charge | 69019 |
| may be assessed upon the remittance of any subsequent tax payment | 69020 |
| that the reporting person for the taxpayer remits by some means | 69021 |
| other than electronic funds transfer. | 69022 |
| Sec. 5726.04. (A) The tax levied on a financial institution | 69023 |
| under this chapter shall be the greater of the following: | 69024 |
| (1) A minimum tax equal to one thousand dollars; | 69025 |
| (2) The product of the total Ohio equity capital of the | 69026 |
| financial institution, as determined under this section, | 69027 |
| multiplied by eight mills for each dollar of the first five | 69028 |
| hundred million dollars of total Ohio equity capital and by two | 69029 |
| and one-half mills for each dollar of total Ohio equity capital in | 69030 |
| excess of five hundred million dollars. | 69031 |
| (B) If the reporting person for a financial institution files | 69032 |
| an FR Y-9 or call report, the total equity capital of the | 69033 |
| financial institution shall equal the total equity capital shown | 69034 |
| on the reporting person's FR Y-9 or call report as of the end of | 69035 |
| the taxable year. The total equity capital of all other financial | 69036 |
| institutions shall be reported as of the end of the taxable year | 69037 |
| in accordance with generally accepted accounting principles. | 69038 |
| (C) For the purposes of this section, "total Ohio equity | 69039 |
| capital" means the product of the total equity capital of a | 69040 |
| financial institution as of the end of a taxable year multiplied | 69041 |
| by the Ohio apportionment ratio calculated for the financial | 69042 |
| institution under section 5726.05 of the Revised Code. | 69043 |
| (D) All payments received from the tax levied under this | 69044 |
| chapter shall be credited to the general revenue fund. | 69045 |
| (E)(1) As used in this division: | 69046 |
| (a) "Target tax amount" means two hundred twenty-five million | 69047 |
| dollars. | 69048 |
| (b) "Amount of taxes collected" means the amount of taxes | 69049 |
| received by the tax commissioner from the tax levied under this | 69050 |
| chapter for a tax year, less any amounts refunded to taxpayers for | 69051 |
| the same tax year. | 69052 |
| (2) If, for the tax year beginning on January 1, 2014, the | 69053 |
| total amount of taxes collected from all taxpayers under this | 69054 |
| chapter is greater than one hundred ten per cent of the target tax | 69055 |
| amount, the tax commissioner shall decrease each tax rate provided | 69056 |
| in division (A)(2) of this section by a percentage equal to the | 69057 |
| difference of (a) the percentage by which the amount of taxes | 69058 |
| collected exceeded the target tax amount minus (b) ten per cent of | 69059 |
| the target tax amount. | 69060 |
| (3) If, for the tax year beginning on January 1, 2014, the | 69061 |
| total amount of taxes collected from all taxpayers under this | 69062 |
| chapter is less than ninety per cent of the target tax amount, the | 69063 |
| tax commissioner shall increase each tax rate provided in division | 69064 |
| (A)(2) of this section by a percentage equal to the difference of | 69065 |
| (a) the percentage by which the target tax amount exceeded the | 69066 |
| amount of taxes collected minus (b) ten per cent of the target tax | 69067 |
| amount. | 69068 |
| (4) Tax rates adjusted pursuant to division (E)(2) or (3) of | 69069 |
| this section shall be rounded to the nearest one-tenth of one mill | 69070 |
| per dollar. The tax commissioner shall publish the new tax rates | 69071 |
| by journal entry and provide notice of the new tax rates to | 69072 |
| taxpayers. The new tax rates shall apply to tax years beginning on | 69073 |
| or after January 1, 2015. | 69074 |
| Sec. 5726.05. (A) An apportionment factor shall be used to | 69075 |
| determine the total Ohio equity capital of a financial | 69076 |
| institution. The factor shall be based upon the gross receipts | 69077 |
| generated by the financial institution and reported in the same | 69078 |
| manner as provided for the determination of the financial | 69079 |
| institution's total equity capital for a tax year under division | 69080 |
| (B) of section 5726.04 of the Revised Code. | 69081 |
| (B) Gross receipts generated by a financial institution shall | 69082 |
| be sitused to this state in the proportion that the customers' | 69083 |
| benefit in this state with respect to the services received bears | 69084 |
| to the customers' benefit everywhere with respect to the services | 69085 |
| received. The physical location where the customer ultimately uses | 69086 |
| or receives the benefit of what was received shall be paramount in | 69087 |
| determining the proportion of the benefit in this state to the | 69088 |
| benefit everywhere. The method of calculating gross receipts for | 69089 |
| purposes of the denominator shall be the same as the method used | 69090 |
| in determining gross receipts for purposes of the numerator. | 69091 |
| (C) Gross receipts from the sale of capital assets shall be | 69092 |
| excluded from both the numerator and the denominator of the | 69093 |
| apportionment factor. | 69094 |
| (D) If the apportionment provisions of this section do not | 69095 |
| fairly represent the extent of the taxpayer's business activity in | 69096 |
| this state, the taxpayer may request, or the tax commissioner may | 69097 |
| require or permit, an alternative method. Such a request must be | 69098 |
| made within any applicable statute of limitations set forth in | 69099 |
| this chapter. | 69100 |
| (E) The tax commissioner shall adopt administrative rules to | 69101 |
| provide additional guidance for the application of this section. | 69102 |
| Sec. 5726.06. (A) The reporting person for a taxpayer shall | 69103 |
| file estimated tax reports and remit the amount of tax estimated | 69104 |
| to be due for a tax year to the tax commissioner as follows: | 69105 |
| (1) The minimum tax required under division (A)(1) of section | 69106 |
| 5726.04 of the Revised Code or one-third of the estimated tax, | 69107 |
| whichever is greater, on or before the fifteenth day of August of | 69108 |
| the year preceding the tax year; | 69109 |
| (2) One-half of the amount by which the estimated tax exceeds | 69110 |
| the amount paid under division (A)(1) of this section on or before | 69111 |
| the fifteenth day of November of the year preceding the tax year; | 69112 |
| (3) One-half of the amount by which the estimated tax exceeds | 69113 |
| the amount paid under division (A)(1) of this section on or before | 69114 |
| the fifteenth day of February of the tax year. | 69115 |
| (B)(1) Remittance of the estimated tax shall be made payable | 69116 |
| to the treasurer of state and shall be made in the form prescribed | 69117 |
| by the tax commissioner, including by electronic funds transfer if | 69118 |
| the taxpayeris required to remit payments by that method under | 69119 |
| section 5726.03 of the Revised Code. | 69120 |
| (2) The tax commissioner shall immediately forward to the | 69121 |
| treasurer of state all amounts received under this section, and | 69122 |
| the treasurer of state shall credit all payments of such estimated | 69123 |
| tax as provided in division (D) of section 5726.04 of the Revised | 69124 |
| Code. | 69125 |
| (C) If a taxpayer was not subject to the tax imposed by | 69126 |
| section 5726.02 of the Revised Code for the tax year in which the | 69127 |
| payment is due under division (A)(1) of this section for the | 69128 |
| succeeding tax year, "estimated tax" for purposes of this section | 69129 |
| means ninety per cent of the amount that the taxpayer estimates to | 69130 |
| be the sum of its liability under section 5726.02 of the Revised | 69131 |
| Code for that succeeding tax year. If a taxpayer was subject to | 69132 |
| the tax for the tax year in which the payment is due under | 69133 |
| division (A)(1) of this section for the succeeding tax year, | 69134 |
| "estimated tax" for purposes of this section means the lesser of | 69135 |
| (1) one hundred per cent of the taxpayer's tax liability for the | 69136 |
| current tax year or (2) ninety per cent of the amount the taxpayer | 69137 |
| estimates to be the sum of its liability under section 5726.02 of | 69138 |
| the Revised Code for the succeeding tax year. | 69139 |
| Sec. 5726.07. (A) In the case of an underpayment of estimated | 69140 |
| taxes required to be paid under section 5726.06 of the Revised | 69141 |
| Code, interest upon the amount of underpayment, calculated at the | 69142 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 69143 |
| for the period of underpayment, shall be added to the tax due for | 69144 |
| the tax year for which the estimated tax is paid. | 69145 |
| (B) The amount of underpayment upon which such interest is | 69146 |
| computed equals the amount by which division (B)(1) of this | 69147 |
| section exceeds division (B)(2) of this section. | 69148 |
| (1) The amount of the estimated tax payment that would be | 69149 |
| required to be paid if the total estimated tax due were equal to | 69150 |
| the amount of tax shown to be due on the annual report filed for | 69151 |
| the tax year or, if no report was filed, the total amount of tax | 69152 |
| due for the tax year; | 69153 |
| (2) The amount, if any, of the estimated tax that has been | 69154 |
| paid on or before the last day prescribed for such payment. | 69155 |
| (C) The period of underpayment for which such interest is | 69156 |
| computed shall run from the date the estimated tax payment was | 69157 |
| required to be made to the date the payment is made. | 69158 |
| For purposes of this section, a payment of estimated tax on | 69159 |
| any payment date shall be considered a payment of any previous | 69160 |
| underpayment only to the extent that such payment exceeds the | 69161 |
| amount of payment currently due. | 69162 |
| Sec. 5726.08. Except as otherwise provided in this section, | 69163 |
| if any report, claim, statement, or other document required to be | 69164 |
| filed, or any payment required to be made, within a prescribed | 69165 |
| period or on or before a prescribed date under this chapter is, | 69166 |
| after such period or date, delivered by United States mail to the | 69167 |
| agency, officer, or office with which such report, claim, | 69168 |
| statement, or other document is required to be filed, or to which | 69169 |
| such payment is required to be made, the date of the postmark | 69170 |
| stamped on the cover in which such report, claim, statement, or | 69171 |
| other document, or payment is mailed shall be deemed the date of | 69172 |
| delivery or the date of payment. | 69173 |
| If a payment is required to be made by electronic funds | 69174 |
| transfer pursuant to division (D) of section 5726.03 of the | 69175 |
| Revised Code, the payment is considered to be made when the | 69176 |
| payment is received by the treasurer of state or credited to an | 69177 |
| account designated by the treasurer of state for the receipt of | 69178 |
| tax payments. | 69179 |
| As used in this section, "the date of the postmark" means, in | 69180 |
| the event there is more than one date on the cover, the earliest | 69181 |
| date imprinted on the cover by the post office. | 69182 |
| Sec. 5726.10. The tax commissioner shall enforce and | 69183 |
| administer this chapter. In addition to any other powers conferred | 69184 |
| upon the commissioner by law, the commissioner may do any of the | 69185 |
| following: | 69186 |
| (A) Prescribe all forms required to be filed pursuant to this | 69187 |
| chapter; | 69188 |
| (B) Promulgate such rules and regulations as the commissioner | 69189 |
| finds necessary to carry out this chapter; | 69190 |
| (C) Appoint and employ such personnel as are necessary to | 69191 |
| carry out the duties imposed upon the commissioner by this | 69192 |
| chapter. | 69193 |
| Sec. 5726.20. (A) The tax commissioner may make an | 69194 |
| assessment, based on any information in the commissioner's | 69195 |
| possession, against any person that fails to file a return or | 69196 |
| report or pay any tax as required by this chapter. The reporting | 69197 |
| person for a taxpayer shall file the annual report required under | 69198 |
| section 5726.02 of the Revised Code and remit the tax imposed by | 69199 |
| this chapter. Each person included in the annual report of the | 69200 |
| taxpayer is jointly and severally liable for the tax imposed by | 69201 |
| this chapter and any penalties and interest thereon. If the | 69202 |
| reporting person fails, for any reason, to file and remit any tax, | 69203 |
| the amount due may be collected by assessment against the | 69204 |
| reporting person and against any or all other persons required to | 69205 |
| be included in the annual report of the taxpayer in the manner | 69206 |
| provided by this section. The commissioner shall give the person | 69207 |
| assessed written notice of the assessment as provided in section | 69208 |
| 5703.37 of the Revised Code. With the notice, the commissioner | 69209 |
| shall provide instructions on the manner in which to petition for | 69210 |
| reassessment and request a hearing with respect to the petition. | 69211 |
| (B) No assessment shall be made or issued against a person | 69212 |
| under this section more than four years after the later of the | 69213 |
| final date the report subject to assessment was required to be | 69214 |
| filed or the date such report was filed. Such time limit may be | 69215 |
| extended if both the person and the commissioner consent in | 69216 |
| writing to the extension or if an agreement waiving or extending | 69217 |
| the time limit has been entered into pursuant to section 122.171 | 69218 |
| of the Revised Code. Any such extension shall extend the four-year | 69219 |
| time limit prescribed in division (A) of section 5726.30 of the | 69220 |
| Revised Code for the same period of time. There shall be no bar or | 69221 |
| limit to an assessment against a person that fails to file a | 69222 |
| report subject to assessment as required by this chapter, or that | 69223 |
| files a fraudulent report. | 69224 |
| (C) Unless the person assessed, within sixty days after | 69225 |
| service of the notice of assessment, files with the tax | 69226 |
| commissioner, either in person or by certified mail, a written | 69227 |
| petition for reassessment signed by the person or the person's | 69228 |
| authorized agent having knowledge of the facts, the assessment | 69229 |
| shall become final, and the amount of the assessment is due and | 69230 |
| payable from the person assessed to the treasurer of state. A | 69231 |
| petition shall indicate the objections of the person assessed, but | 69232 |
| additional objections may be raised in writing if received by the | 69233 |
| commissioner prior to the date shown on the final determination. | 69234 |
| If a petition for reassessment has been properly filed, the | 69235 |
| commissioner shall proceed under section 5703.60 of the Revised | 69236 |
| Code. | 69237 |
| (D)(1) After an assessment becomes final, if any portion of | 69238 |
| the assessment, including any accrued interest, remains unpaid, a | 69239 |
| certified copy of the tax commissioner's entry making the | 69240 |
| assessment final may be filed in the office of the clerk of the | 69241 |
| court of common pleas in the county in which the person resides or | 69242 |
| has its principal place of business in this state, or in the | 69243 |
| office of the clerk of court of common pleas of Franklin county. | 69244 |
| (2) Immediately upon the filing of the entry, the clerk shall | 69245 |
| enter judgment for the state against the person assessed in the | 69246 |
| amount shown on the entry. The judgment may be filed by the clerk | 69247 |
| in a loose-leaf book entitled, "special judgments for the | 69248 |
| financial institution tax" and shall have the same effect as other | 69249 |
| judgments. Execution shall issue upon the judgment at the request | 69250 |
| of the tax commissioner, and all laws applicable to sales on | 69251 |
| execution shall apply to sales made under the judgment. | 69252 |
| (3) The portion of the assessment not paid within sixty days | 69253 |
| after the day the assessment was issued shall bear interest at the | 69254 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 69255 |
| from the date the tax commissioner issues the assessment until the | 69256 |
| date the assessment is paid. Interest shall be paid in the same | 69257 |
| manner as the tax and may be collected by the issuance of an | 69258 |
| assessment under this section. | 69259 |
| (E) If the tax commissioner believes that collection of the | 69260 |
| tax imposed by this chapter will be jeopardized unless proceedings | 69261 |
| to collect or secure collection of the tax are instituted without | 69262 |
| delay, the commissioner may issue a jeopardy assessment against | 69263 |
| the person liable for the tax. Immediately upon the issuance of | 69264 |
| the jeopardy assessment, the commissioner shall file an entry with | 69265 |
| the clerk of the court of common pleas in the manner prescribed by | 69266 |
| division (D) of this section. Notice of the jeopardy assessment | 69267 |
| shall be served on the person assessed or the person's authorized | 69268 |
| agent in the manner provided in section 5703.37 of the Revised | 69269 |
| Code within five days of the filing of the entry with the clerk. | 69270 |
| The total amount assessed shall be immediately due and payable, | 69271 |
| unless the person assessed files a petition for reassessment in | 69272 |
| accordance with division (C) of this section and provides security | 69273 |
| in a form satisfactory to the commissioner and in an amount | 69274 |
| sufficient to satisfy the unpaid balance of the assessment. Full | 69275 |
| or partial payment of the assessment shall not prejudice the | 69276 |
| commissioner's consideration of the petition for reassessment. | 69277 |
| (F) The tax commissioner shall immediately forward to the | 69278 |
| treasurer of state all amounts the commissioner receives under | 69279 |
| this section. Such amounts shall be considered as revenue arising | 69280 |
| from the tax imposed by this chapter. | 69281 |
| (G) If the tax commissioner possesses information indicating | 69282 |
| that the amount of tax a taxpayer is required to pay under this | 69283 |
| chapter exceeds the amount the reporting person for the taxpayer | 69284 |
| paid, the tax commissioner may audit a sample of the taxpayer's | 69285 |
| gross receipts over a representative period of time to ascertain | 69286 |
| the amount of tax due, and may issue an assessment based on the | 69287 |
| audit. The tax commissioner shall make a good faith effort to | 69288 |
| reach agreement with the taxpayer in selecting a representative | 69289 |
| sample. The tax commissioner may apply a sampling method only if | 69290 |
| the commissioner has prescribed the method by rule. | 69291 |
| (H) If the whereabouts of a person subject to this chapter is | 69292 |
| not known to the tax commissioner, the secretary of state is | 69293 |
| hereby deemed to be that person's agent for purposes of service of | 69294 |
| process or notice of any assessment, action, or proceedings | 69295 |
| instituted in this state against the person under this chapter. | 69296 |
| Such process or notice shall be served on such person by the | 69297 |
| commissioner or by an agent of the commissioner by leaving a true | 69298 |
| and attested copy of the process or notice at the office of the | 69299 |
| secretary of state at least fifteen days before the return day of | 69300 |
| such process or notice, and by sending a copy of the process or | 69301 |
| notice to such person by ordinary mail, with an endorsement | 69302 |
| thereon of the service upon the secretary of state, addressed to | 69303 |
| such person at the person's last known address. | 69304 |
| Sec. 5726.21. (A) In addition to any other penalty imposed by | 69305 |
| this chapter or Chapter 5703. of the Revised Code, the following | 69306 |
| penalties shall apply: | 69307 |
| (1) If a taxpayer required to file any report under this | 69308 |
| chapter fails to make and file the report within the time | 69309 |
| prescribed, including any extensions of time granted by the tax | 69310 |
| commissioner, a penalty may be imposed not exceeding the greater | 69311 |
| of fifty dollars per month or fraction of a month, not to exceed | 69312 |
| five hundred dollars, or five per cent per month or fraction of a | 69313 |
| month, not to exceed fifty per cent of the tax required to be | 69314 |
| shown on the report, for each month or fraction of a month | 69315 |
| elapsing between the due date, including extensions of the due | 69316 |
| date, and the date on which the report is filed. | 69317 |
| (2) If a taxpayer fails to pay the amount of tax required to | 69318 |
| be paid under this chapter, except for estimated tax under section | 69319 |
| 5726.06 of the Revised Code, by the dates prescribed in this | 69320 |
| chapter for payment, a penalty may be imposed not exceeding | 69321 |
| fifteen per cent of the delinquent payment. | 69322 |
| (3) If a taxpayer files what purports to be a report required | 69323 |
| by this chapter that does not contain information upon which the | 69324 |
| substantial correctness of the report may be judged or contains | 69325 |
| information that on its face indicates that the report is | 69326 |
| substantially incorrect, and the filing of the report in that | 69327 |
| manner is due to a position that is frivolous or a desire that is | 69328 |
| apparent from the report to delay or impede the administration of | 69329 |
| the tax levied under this chapter, a penalty of up to five hundred | 69330 |
| dollars may be imposed. | 69331 |
| (4) If a taxpayer makes a fraudulent attempt to evade the | 69332 |
| reporting or payment of the tax required to be shown on any report | 69333 |
| required under this chapter, a penalty may be imposed not | 69334 |
| exceeding the greater of one thousand dollars or one hundred per | 69335 |
| cent of the tax required to be shown on the report. | 69336 |
| (5) If a taxpayer makes a false or fraudulent claim for a | 69337 |
| refund under this chapter, a penalty may be imposed not exceeding | 69338 |
| the greater of one thousand dollars or one hundred per cent of the | 69339 |
| claim. | 69340 |
| (B) The tax commissioner may collect any penalty imposed by | 69341 |
| this section in the same manner as the tax levied under this | 69342 |
| chapter. Penalties so collected shall be considered as revenue | 69343 |
| arising from the tax levied under this chapter. | 69344 |
| (C) For purposes of this section, the tax required to be | 69345 |
| shown on the report shall be reduced by the amount of any part of | 69346 |
| the tax paid on or before the date, including extensions of the | 69347 |
| date, prescribed for filing the report. | 69348 |
| (D) The tax commissioner may abate all or a portion of any | 69349 |
| penalties imposed under this section and may adopt rules governing | 69350 |
| such abatements. | 69351 |
| Sec. 5726.30. (A) The tax commissioner shall refund the | 69352 |
| amount of taxes imposed under this chapter that a person overpaid, | 69353 |
| paid illegally or erroneously, or paid on an illegal or erroneous | 69354 |
| assessment. The person shall file an application for refund with | 69355 |
| the tax commissioner, on the form prescribed by the commissioner, | 69356 |
| within four years after the date of the illegal or erroneous | 69357 |
| payment of the tax, or within any additional period allowed under | 69358 |
| division (B) of section 5726.20 of the Revised Code. The applicant | 69359 |
| shall provide the amount of the requested refund along with the | 69360 |
| claimed reasons for, and documentation to support, the issuance of | 69361 |
| a refund. | 69362 |
| For purposes of this division, a payment that an applicant | 69363 |
| made before the due date or extended due date for filing the | 69364 |
| report to which the payment relates shall be deemed to have been | 69365 |
| made on the due date or extended due date of the report. | 69366 |
| (B) Upon the filing of a refund application, the tax | 69367 |
| commissioner shall determine the amount of refund to which the | 69368 |
| applicant is entitled. If the amount is not less than that | 69369 |
| claimed, the commissioner shall certify the amount to the director | 69370 |
| of budget and management and treasurer of state for payment from | 69371 |
| the tax refund fund created under section 5703.052 of the Revised | 69372 |
| Code. If the amount is less than that claimed, the commissioner | 69373 |
| shall proceed in accordance with section 5703.70 of the Revised | 69374 |
| Code. | 69375 |
| (C)(1) Except as provided in division (C)(2) of this section, | 69376 |
| interest on a refund applied for under this section, computed at | 69377 |
| the rate provided for in section 5703.47 of the Revised Code, | 69378 |
| shall be allowed from the later of the date the tax was paid or | 69379 |
| the date the tax payment was due until the refund is paid. | 69380 |
| (2) No interest shall be allowed under this section on an | 69381 |
| amount refunded to a person to the extent that the refund results | 69382 |
| from the allowance of a refundable credit against the tax imposed | 69383 |
| by section 5726.02 of the Revised Code. | 69384 |
| Sec. 5726.31. As used in this section, "debt to this state" | 69385 |
| means unpaid taxes due the state, unpaid workers' compensation | 69386 |
| premiums due under section 4123.35 of the Revised Code, unpaid | 69387 |
| unemployment compensation contributions due under section 4141.25 | 69388 |
| of the Revised Code, unpaid unemployment compensation payments in | 69389 |
| lieu of contributions due under section 4141.241 of the Revised | 69390 |
| Code, unpaid claims certified under section 131.02 or 131.021 of | 69391 |
| the Revised Code, unpaid fees payable to the state or to the clerk | 69392 |
| of courts pursuant to section 4505.06 of the Revised Code or any | 69393 |
| unpaid charge, penalty, or interest arising from any of the | 69394 |
| foregoing. | 69395 |
| If a person entitled to a refund under section 5726.30 of the | 69396 |
| Revised Code owes any debt to this state, the amount refundable | 69397 |
| may be applied in satisfaction of the debt. If the amount | 69398 |
| refundable is less than the amount of the debt, it may be applied | 69399 |
| in partial satisfaction of the debt. If the amount refundable is | 69400 |
| greater than the amount of the debt, the amount remaining after | 69401 |
| satisfaction of the debt shall be refunded. If the taxpayer has | 69402 |
| more than one such debt, any debt subject to section 5739.33 or | 69403 |
| division (G) of section 5747.07 of the Revised Code shall be | 69404 |
| satisfied first. | 69405 |
| Except as provided in section 131.021 of the Revised Code, | 69406 |
| this section applies only to debts that have become final. For the | 69407 |
| purposes of this section, a debt becomes final when, under the | 69408 |
| applicable law, any time provided for petition for reassessment, | 69409 |
| request for reconsideration, or other appeal of the legality or | 69410 |
| validity of the amount giving rise to the debt expires without an | 69411 |
| appeal having been filed in the manner provided by law. | 69412 |
| The tax commissioner may charge each respective agency of the | 69413 |
| state for the commissioner's cost in applying refunds to debts due | 69414 |
| to the state and may charge the attorney general for the | 69415 |
| commissioner's cost in applying refunds to certified claims. The | 69416 |
| commissioner may promulgate rules to implement this section. | 69417 |
| The commissioner may, with the consent of the reporting | 69418 |
| person for a taxpayer, provide for the crediting of the amount of | 69419 |
| any refund due to the taxpayer under this chapter for a tax year | 69420 |
| against the tax due for any succeeding tax year. | 69421 |
| Sec. 5726.32. If any tax due under this chapter is not paid | 69422 |
| on or before the date prescribed for its payment, interest shall | 69423 |
| be assessed, collected, and paid, in the same manner as the tax, | 69424 |
| upon such unpaid amount at the rate per annum prescribed by | 69425 |
| section 5703.47 of the Revised Code from the date prescribed for | 69426 |
| the payment of the tax until the date the tax is paid or the date | 69427 |
| an assessment is issued under section 5726.20 of the Revised Code, | 69428 |
| whichever is earlier. Interest so collected shall be considered as | 69429 |
| revenue arising from the tax imposed by this chapter. | 69430 |
| Sec. 5726.33. (A) As used in this section, "qualifying refund | 69431 |
| overpayment" means an amount received by a taxpayer in excess of a | 69432 |
| refund claimed or a request for payment made by the reporting | 69433 |
| person for the taxpayer on a return, report, or other document | 69434 |
| filed with the tax commissioner. | 69435 |
| (B) A taxpayer is not liable for any interest or penalty with | 69436 |
| respect to the repayment of a qualifying refund overpayment if the | 69437 |
| reporting person for the taxpayer pays the entire amount of the | 69438 |
| qualifying refund overpayment to the commissioner not later than | 69439 |
| thirty days after the taxpayer receives an assessment for the | 69440 |
| amount. If the reporting person does not pay the entire amount of | 69441 |
| the overpayment to the commissioner within the time prescribed by | 69442 |
| this section, interest shall accrue on the amount of the | 69443 |
| deficiency pursuant to section 5726.32 of the Revised Code from | 69444 |
| the date the commissioner issues the assessment until the date the | 69445 |
| deficiency is paid. | 69446 |
| Sec. 5726.36. (A) A person shall notify the tax commissioner | 69447 |
| when the person is no longer subject to the tax imposed by this | 69448 |
| chapter. | 69449 |
| (B) If the ownership structure of a financial institution | 69450 |
| changes such that a person is no longer includable in the annual | 69451 |
| report of the financial institution, the reporting person for the | 69452 |
| financial institution shall notify the commissioner of the change | 69453 |
| when the reporting person files its next annual report or in | 69454 |
| writing prior to the due date of that report. | 69455 |
| Sec. 5726.40. If a person, wherever organized, doing business | 69456 |
| in this state or owning or issuing all or part of the entity's | 69457 |
| capital or property in this state, and required by law to file any | 69458 |
| report or return or to pay any tax or fee under Title LVII of the | 69459 |
| Revised Code, fails or neglects to make such report or return or | 69460 |
| to pay any such tax or fee for ninety days after the time | 69461 |
| prescribed by law for making such report or return or for paying | 69462 |
| such tax or fee, the tax commissioner shall certify such fact to | 69463 |
| the secretary of state. The secretary of state shall thereupon | 69464 |
| cancel the document of creation authorizing the person to do | 69465 |
| business in this state. Upon such cancellation, all of the powers, | 69466 |
| privileges, and franchises conferred upon that person by its | 69467 |
| document of creation shall cease, subject to section 1701.88 of | 69468 |
| the Revised Code. The secretary of state shall immediately notify | 69469 |
| the person of the action taken by the secretary, and shall also | 69470 |
| forward for filing a certificate of the action so taken to the | 69471 |
| county recorder of the county in which the principal place of | 69472 |
| business of the person in this state is located. No fee shall be | 69473 |
| charged for the filing. | 69474 |
| Sec. 5726.41. No person shall exercise, or attempt to | 69475 |
| exercise, any powers, privileges, or franchises under the person's | 69476 |
| document of creation after the document is canceled pursuant to | 69477 |
| section 5726.40 of the Revised Code. A penalty of one hundred | 69478 |
| dollars shall be imposed for each day a violation of this section | 69479 |
| occurs, up to a maximum penalty of five thousand dollars. | 69480 |
| Sec. 5726.42. (A)(1) A person whose document of creation has | 69481 |
| been canceled by the secretary of state pursuant to section | 69482 |
| 5726.40 the Revised Code shall be reinstated and again entitled to | 69483 |
| exercise its rights, privileges, and franchises in this state upon | 69484 |
| compliance with all of the following: | 69485 |
| (a) Filing with the secretary of state a certificate from the | 69486 |
| tax commissioner that the person has complied with all the | 69487 |
| requirements of law as to tax reports and paid all taxes, fees, or | 69488 |
| penalties due thereon for every year of delinquency; | 69489 |
| (b) Payment to the secretary of state of any additional fees | 69490 |
| and penalties required to be paid to the secretary of state; | 69491 |
| (c) Payment to the secretary of state of an additional fee of | 69492 |
| ten dollars. | 69493 |
| Upon the person's compliance with this division, the | 69494 |
| secretary of state shall cancel the entry of cancellation filed | 69495 |
| under section 5726.40 of the Revised Code. | 69496 |
| (2) If a reinstatement is not made within one year from the | 69497 |
| date of cancellation of the document of creation, and if it | 69498 |
| appears that a document of creation has been issued to a person of | 69499 |
| the same or similar name as the applicant for reinstatement, the | 69500 |
| secretary of state shall require, as a condition prerequisite to | 69501 |
| such reinstatement, that the applicant amend its document of | 69502 |
| creation by changing the applicant's name. | 69503 |
| (B) Any officer, shareholder, creditor, or receiver of a | 69504 |
| person may at any time take all steps required by this section to | 69505 |
| effect a reinstatement. | 69506 |
| (C) The rights, privileges, and franchises of a person whose | 69507 |
| document of creation has been reinstated in accordance with this | 69508 |
| section are subject to section 1701.922 of the Revised Code. | 69509 |
| (D) Notwithstanding a violation of section 5726.41 of the | 69510 |
| Revised Code, upon reinstatement of a person's document of | 69511 |
| creation in accordance with this section, neither section 5726.40 | 69512 |
| nor section 5726.41 of the Revised Code shall be applied to | 69513 |
| invalidate the exercise or attempt to exercise any right, | 69514 |
| privilege, or franchise on behalf of the person by an officer, | 69515 |
| agent, or employee of the person after cancellation and prior to | 69516 |
| the reinstatement of the document of creation, if the conditions | 69517 |
| set forth in divisions (B)(1)(a) and (b) of section 1701.922 of | 69518 |
| the Revised Code are met. | 69519 |
| Sec. 5726.43. If any financial institution fails to make and | 69520 |
| file any return or report required under this chapter, or to pay | 69521 |
| the penalties provided by law for failure to make and file such | 69522 |
| reports or returns, for a period of ninety days after the time | 69523 |
| prescribed by law, the attorney general, on the request of the tax | 69524 |
| commissioner, shall commence an action in quo warranto in the | 69525 |
| court of appeals of the county in which the reporting person for | 69526 |
| the financial institution has its principal place of business in | 69527 |
| this state to forfeit and annul the privileges and franchises of | 69528 |
| each person included in the annual report of the financial | 69529 |
| institution. If the court is satisfied that any such financial | 69530 |
| institution is in default, it shall render judgment ousting each | 69531 |
| person included in the annual report of the financial institution | 69532 |
| from the exercise of its privileges and franchises within this | 69533 |
| state, and shall otherwise proceed as provided in sections 2733.01 | 69534 |
| to 2733.39 of the Revised Code. | 69535 |
| Sec. 5726.50. (A) A taxpayer may claim a refundable tax | 69536 |
| credit against the tax imposed under this chapter for each person | 69537 |
| included in the annual report of the taxpayer that is granted a | 69538 |
| credit by the tax credit authority under section 122.17 or | 69539 |
| division (B)(2) or (3) of section 122.171 of the Revised Code. | 69540 |
| Such a credit shall not be claimed for any tax year following the | 69541 |
| calendar year in which a relocation of employment positions occurs | 69542 |
| in violation of an agreement entered into under section 122.171 of | 69543 |
| the Revised Code. For the purpose of making tax payments under | 69544 |
| this chapter, taxes equal to the amount of the refundable credit | 69545 |
| shall be considered to be paid on the first day of the tax year. | 69546 |
| (B) A taxpayer may claim a nonrefundable tax credit against | 69547 |
| the tax imposed under this chapter for each person included in the | 69548 |
| annual report of the taxpayer that is granted a credit by the tax | 69549 |
| credit authority under division (B)(1) of section 122.171 of the | 69550 |
| Revised Code. | 69551 |
| (C) The credits authorized in divisions (A) and (B) of this | 69552 |
| section shall be claimed in the order required under section | 69553 |
| 5726.98 of the Revised Code. If the amount of a credit authorized | 69554 |
| in division (A) of this section exceeds the tax otherwise due | 69555 |
| under section 5726.02 of the Revised Code after deducting all | 69556 |
| other credits preceding the credit in the order prescribed in | 69557 |
| section 5726.98 of the Revised Code, the excess shall be refunded | 69558 |
| to the taxpayer. | 69559 |
| Sec. 5726.51. A taxpayer may claim a nonrefundable credit | 69560 |
| against the tax imposed under this chapter for each bank | 69561 |
| organization that is organized under Title XI of the Revised Code | 69562 |
| and included in the annual report of the taxpayer. The credit | 69563 |
| shall equal the sum of the annual assessments such bank | 69564 |
| organizations paid during the taxable year to the division of | 69565 |
| financial institutions pursuant to Title XI of the Revised Code | 69566 |
| and the schedule of fees published by the division. | 69567 |
| The credit authorized by this section shall be claimed in the | 69568 |
| order required under section 5726.98 of the Revised Code. The | 69569 |
| credit shall not be allowed unless there is filed with the | 69570 |
| taxpayer's annual report a document certified by the division of | 69571 |
| financial institutions verifying the amount of state annual | 69572 |
| assessment fees and federal supervisory fees paid by the bank | 69573 |
| organizations during the taxable year. | 69574 |
| Sec. 5726.52. (A) As used in this section, "certificate | 69575 |
| owner" has the same meaning as in section 149.311 of the Revised | 69576 |
| Code. | 69577 |
| (B) A taxpayer may claim a refundable credit against the tax | 69578 |
| imposed by this chapter for each person included in the annual | 69579 |
| report of a taxpayer that is a certificate owner of a | 69580 |
| rehabilitation tax credit certificate issued under section 149.311 | 69581 |
| of the Revised Code. The credit shall equal twenty-five per cent | 69582 |
| of the dollar amount indicated on each certificate, but shall not | 69583 |
| exceed five million dollars for each certificate. | 69584 |
| The credit shall be claimed for the calendar year specified | 69585 |
| in the certificate and in the order required under section 5726.98 | 69586 |
| of the Revised Code. If the credit exceeds the amount of tax | 69587 |
| otherwise due in that year, the excess shall be refunded to the | 69588 |
| taxpayer, provided that, if any amount of the credit is refunded, | 69589 |
| the sum of the amount refunded and the amount applied to reduce | 69590 |
| the tax otherwise due in that year shall not exceed three million | 69591 |
| dollars. The taxpayer may carry forward any balance of the credit | 69592 |
| in excess of the amount claimed in that year for not more than | 69593 |
| five ensuing years, and shall deduct any amount claimed in any | 69594 |
| such year from the amount claimed in an ensuing year. | 69595 |
| (C) A taxpayer claiming a credit under this section shall | 69596 |
| retain the rehabilitation tax credit certificate for four years | 69597 |
| following the end of the year to which the credit was applied, and | 69598 |
| shall make the certificate available for inspection by the tax | 69599 |
| commissioner upon the request of the commissioner during that | 69600 |
| period. | 69601 |
| Sec. 5726.53. A taxpayer may claim a refundable credit | 69602 |
| against the tax imposed by this chapter for each person included | 69603 |
| in the annual report of the taxpayer that was issued a tax credit | 69604 |
| certificate by the Ohio venture capital authority under section | 69605 |
| 150.07 of the Revised Code. The amount of the credit shall equal | 69606 |
| the amount specified in the tax credit certificate. The credit | 69607 |
| shall be claimed for the tax year specified in the tax credit | 69608 |
| certificate. The taxpayer shall claim the credit in the order | 69609 |
| required under section 5726.98 of the Revised Code. If the credit | 69610 |
| amount exceeds the tax otherwise due under section 5726.02 of the | 69611 |
| Revised Code after deducting all other credits preceding the | 69612 |
| credit in the order prescribed in section 5726.98 of the Revised | 69613 |
| Code, the excess shall be refunded to the taxpayer. | 69614 |
| Sec. 5726.54. (A) Any term used in this section has the same | 69615 |
| meaning as in section 5725.33 of the Revised Code. | 69616 |
| (B) A taxpayer may claim a nonrefundable credit against the | 69617 |
| tax imposed by this chapter for each person included in the annual | 69618 |
| report of the taxpayer that holds a qualified equity investment on | 69619 |
| a credit allowance date occurring in the calendar year immediately | 69620 |
| preceding the tax year for which the tax is due. The credit shall | 69621 |
| be computed in the same manner prescribed for the computation of | 69622 |
| credits allowed under section 5725.33 of the Revised Code. | 69623 |
| By claiming a tax credit under this section, a taxpayer | 69624 |
| waives its rights under section 5726.20 of the Revised Code with | 69625 |
| respect to the time limitation for the assessment of taxes as it | 69626 |
| relates to credits claimed under this section that later become | 69627 |
| subject to recapture under division (D) of this section. | 69628 |
| The credit shall be claimed in the order prescribed by | 69629 |
| section 5726.98 of the Revised Code. If the amount of the credit | 69630 |
| exceeds the amount of tax otherwise due after deducting all other | 69631 |
| credits preceding the credit in the order prescribed in section | 69632 |
| 5726.98 of the Revised Code, the excess may be carried forward for | 69633 |
| not more than four ensuing tax years. | 69634 |
| (C) The total amount of qualified equity investments on the | 69635 |
| basis of which credits may be claimed under this section and | 69636 |
| sections 5725.33, 5729.16, and 5733.58 of the Revised Code is | 69637 |
| subject to the limitation of division (C) of section 5725.33 of | 69638 |
| the Revised Code. | 69639 |
| (D) If any amount of the federal tax credit allowed for a | 69640 |
| qualified equity investment for which a credit was received under | 69641 |
| this section is recaptured under section 45D of the Internal | 69642 |
| Revenue Code, or if the director of development services | 69643 |
| determines that an investment for which a tax credit is claimed | 69644 |
| under this section is not a qualified equity investment or that | 69645 |
| the proceeds of an investment for which a tax credit is claimed | 69646 |
| under this section are used to make qualified low-income community | 69647 |
| investments other than in a qualified active low-income community | 69648 |
| business, all or a portion of the credit received on account of | 69649 |
| that investment shall be paid by the taxpayer that received the | 69650 |
| credit to the tax commissioner. The amount to be recovered shall | 69651 |
| be determined by the director pursuant to rules adopted under | 69652 |
| section 5725.33 of the Revised Code. The director shall certify | 69653 |
| any amount due under this division to the tax commissioner, and | 69654 |
| the commissioner shall notify the taxpayer of the amount due. The | 69655 |
| amount due is payable not later than thirty days after the day the | 69656 |
| commissioner issues the notice. The amount due shall be considered | 69657 |
| to be tax due under section 5726.02 of the Revised Code, and may | 69658 |
| be collected by assessment without regard to the limitations | 69659 |
| imposed under section 5726.20 of the Revised Code for the | 69660 |
| assessment of taxes by the commissioner. All amounts collected | 69661 |
| under this division shall be credited as revenue from the tax | 69662 |
| levied under section 5726.02 of the Revised Code. | 69663 |
| Sec. 5726.55. (A) Any term used in this section has the same | 69664 |
| meaning as in section 122.85 of the Revised Code. | 69665 |
| (B) A taxpayer may claim a refundable credit against the tax | 69666 |
| imposed under this chapter for each person included in the annual | 69667 |
| report of the taxpayer that is a certificate owner of a tax credit | 69668 |
| certificate issued under section 122.85 of the Revised Code. The | 69669 |
| credit shall be claimed for the taxable year in which the | 69670 |
| certificate is issued by the director of development services. The | 69671 |
| credit amount equals the amount stated in the certificate. The | 69672 |
| credit shall be claimed in the order required under section | 69673 |
| 5726.98 of the Revised Code. If the credit amount exceeds the tax | 69674 |
| otherwise due under section 5726.02 of the Revised Code after | 69675 |
| deducting all other credits preceding the credit in the order | 69676 |
| prescribed in section 5726.98 of the Revised Code, the excess | 69677 |
| shall be refunded to the taxpayer. | 69678 |
| (C) Nothing in this section shall allow a taxpayer to claim | 69679 |
| more than one credit per tax credit-eligible production. | 69680 |
| Sec. 5726.98. (A) To provide a uniform procedure for | 69681 |
| calculating the amount of tax due under section 5726.02 of the | 69682 |
| Revised Code, a taxpayer shall claim any credits to which the | 69683 |
| taxpayer is entitled under this chapter in the following order: | 69684 |
| (1) The bank organization assessment credit under section | 69685 |
| 5726.51 of the Revised Code; | 69686 |
| (2) The nonrefundable job retention credit under division (B) | 69687 |
| of section 5726.50 of the Revised Code; | 69688 |
| (3) The nonrefundable credit for purchases of qualified | 69689 |
| low-income community investments under section 5726.54 of the | 69690 |
| Revised Code; | 69691 |
| (4) The refundable credit for rehabilitating an historic | 69692 |
| building under section 5726.52 of the Revised Code; | 69693 |
| (5) The refundable job retention or job creation credit under | 69694 |
| division (A) of section 5726.50 of the Revised Code; | 69695 |
| (6) The refundable credit under section 5726.53 of the | 69696 |
| Revised Code for losses on loans made under the Ohio venture | 69697 |
| capital program under sections 150.01 to 150.10 of the Revised | 69698 |
| Code; | 69699 |
| (7) The refundable motion picture production credit under | 69700 |
| section 5726.55 of the Revised Code. | 69701 |
| (B) For any credit except the refundable credits enumerated | 69702 |
| in this section, the amount of the credit for a taxable year shall | 69703 |
| not exceed the tax due after allowing for any other credit that | 69704 |
| precedes it in the order required under this section. Any excess | 69705 |
| amount of a particular credit may be carried forward if authorized | 69706 |
| under the section creating that credit. Nothing in this chapter | 69707 |
| shall be construed to allow a taxpayer to claim, directly or | 69708 |
| indirectly, a credit more than once for a taxable year. | 69709 |
| Sec. 5726.99. Whoever violates section 5726.41 of the Revised | 69710 |
| Code shall be fined not less than one hundred dollars or more than | 69711 |
| one thousand dollars. | 69712 |
| Sec. 5727.01. As used in this chapter: | 69713 |
| (A) "Public utility" means each person referred to as a | 69714 |
| telephone company, telegraph company, electric company, natural | 69715 |
| gas company, pipe-line company, water-works company, water | 69716 |
| transportation company, heating company, rural electric company, | 69717 |
| railroad company, combined company, or energy company. | 69718 |
| (B) "Gross receipts" means the entire receipts for business | 69719 |
| done by any person from operations as a public utility, or | 69720 |
| incidental thereto, or in connection therewith, including any | 69721 |
| receipts received under Chapter 4928. of the Revised Code. The | 69722 |
| gross receipts for business done by an incorporated company | 69723 |
| engaged in operation as a public utility includes the entire | 69724 |
| receipts for business done by such company under the exercise of | 69725 |
| its corporate powers, whether from the operation as a public | 69726 |
| utility or from any other business. | 69727 |
| (C) "Rural electric company" means any nonprofit corporation, | 69728 |
| organization, association, or cooperative engaged in the business | 69729 |
| of supplying electricity to its members or persons owning an | 69730 |
| interest therein in an area the major portion of which is rural. | 69731 |
| "Rural electric company" excludes an energy company. | 69732 |
| (D) Any person: | 69733 |
| (1) Is a telegraph company when engaged in the business of | 69734 |
| transmitting telegraphic messages to, from, through, or in this | 69735 |
| state; | 69736 |
| (2) Is a telephone company when primarily engaged in the | 69737 |
| business of providing local exchange telephone service, excluding | 69738 |
| cellular radio service, in this state; | 69739 |
| (3) Is an electric company when engaged in the business of | 69740 |
| generating, transmitting, or distributing electricity within this | 69741 |
| state for use by others, but excludes a rural electric company or | 69742 |
| an energy company; | 69743 |
| (4) Is a natural gas company when engaged in the business of | 69744 |
| supplying or distributing natural gas for lighting, power, or | 69745 |
| heating purposes to consumers within this state, excluding a | 69746 |
| person that is a governmental aggregator or retail natural gas | 69747 |
| supplier as defined in section 4929.01 of the Revised Code; | 69748 |
| (5) Is a pipe-line company when engaged in the business of | 69749 |
| transporting natural gas, natural gas liquids, condensate, liquid | 69750 |
|
or gaseous hydrocarbons, oil, or coal or | 69751 |
| through pipes or tubing, either wholly or partially within this | 69752 |
| state; | 69753 |
| (6) Is a water-works company when engaged in the business of | 69754 |
| supplying water through pipes or tubing, or in a similar manner, | 69755 |
| to consumers within this state; | 69756 |
| (7) Is a water transportation company when engaged in the | 69757 |
| transportation of passengers or property, by boat or other | 69758 |
| watercraft, over any waterway, whether natural or artificial, from | 69759 |
| one point within this state to another point within this state, or | 69760 |
| between points within this state and points without this state; | 69761 |
| (8) Is a heating company when engaged in the business of | 69762 |
| supplying water, steam, or air through pipes or tubing to | 69763 |
| consumers within this state for heating purposes; | 69764 |
| (9) Is a railroad company when engaged in the business of | 69765 |
| owning or operating a railroad either wholly or partially within | 69766 |
| this state on rights-of-way acquired and held exclusively by such | 69767 |
| company, or otherwise, and includes a passenger, street, suburban, | 69768 |
| or interurban railroad company; | 69769 |
| (10) Is an energy company when engaged in the business of | 69770 |
| generating, transmitting, or distributing electricity within this | 69771 |
| state for use by others solely from an energy facility with an | 69772 |
| aggregate nameplate capacity in excess of two hundred fifty | 69773 |
| kilowatts. | 69774 |
| As used in division (D)(2) of this section, "local exchange | 69775 |
| telephone service" means making available or furnishing access and | 69776 |
| a dial tone to all persons within a local calling area for use in | 69777 |
| originating and receiving voice grade communications over a | 69778 |
| switched network operated by the provider of the service within | 69779 |
| the area and for gaining access to other telecommunication | 69780 |
| services. | 69781 |
| (E) "Taxable property" means the property required by section | 69782 |
| 5727.06 of the Revised Code to be assessed by the tax | 69783 |
| commissioner, but does not include either of the following: | 69784 |
| (1) An item of tangible personal property that for the period | 69785 |
| subsequent to the effective date of an air, water, or noise | 69786 |
| pollution control certificate and continuing so long as the | 69787 |
| certificate is in force, has been certified as part of the | 69788 |
| pollution control facility with respect to which the certificate | 69789 |
| has been issued; | 69790 |
| (2) An item of tangible personal property that during the | 69791 |
| construction of a plant or facility and until the item is first | 69792 |
| capable of operation, whether actually used in operation or not, | 69793 |
| is incorporated in or being held exclusively for incorporation in | 69794 |
| that plant or facility. | 69795 |
| Notwithstanding section 5701.03 of the Revised Code, for tax | 69796 |
| year 2006 and thereafter, "taxable property" includes patterns, | 69797 |
| jigs, dies, and drawings of an electric company or a combined | 69798 |
| company for use in the activity of an electric company. | 69799 |
| (F) "Taxing district" means a municipal corporation or | 69800 |
| township, or part thereof, in which the aggregate rate of taxation | 69801 |
| is uniform. | 69802 |
| (G) "Telecommunications service" has the same meaning as in | 69803 |
| division (AA) of section 5739.01 of the Revised Code. | 69804 |
| (H) "Interexchange telecommunications company" means a person | 69805 |
| that is engaged in the business of transmitting telephonic | 69806 |
| messages to, from, through, or in this state, but that is not a | 69807 |
| telephone company. | 69808 |
| (I) "Sale and leaseback transaction" means a transaction in | 69809 |
| which a public utility or interexchange telecommunications company | 69810 |
| sells any tangible personal property to a person other than a | 69811 |
| public utility or interexchange telecommunications company and | 69812 |
| leases that property back from the buyer. | 69813 |
| (J) "Production equipment" means all taxable steam, nuclear, | 69814 |
| hydraulic, renewable resource, clean coal technology, and other | 69815 |
| production plant equipment used to generate electricity. For tax | 69816 |
| years prior to 2001, "production equipment" includes taxable | 69817 |
| station equipment that is located at a production plant. | 69818 |
| (K) "Tax year" means the year for which property or gross | 69819 |
| receipts are subject to assessment under this chapter. This | 69820 |
| division does not limit the tax commissioner's ability to assess | 69821 |
| and value property or gross receipts outside the tax year. | 69822 |
| (L) "Combined company" means any person engaged in the | 69823 |
| activity of an electric company or rural electric company that is | 69824 |
| also engaged in the activity of a heating company or a natural gas | 69825 |
| company, or any combination thereof. | 69826 |
| (M) "Public utility property lessor" means any person, other | 69827 |
| than a public utility or an interexchange telecommunications | 69828 |
| company, that leases personal property, other than in a sale and | 69829 |
| leaseback transaction, to a public utility, other than a railroad, | 69830 |
| water transportation, telephone, or telegraph company if the | 69831 |
| property would be taxable property if owned by the public utility. | 69832 |
| A public utility property lessor is subject to this chapter only | 69833 |
| for the purposes of reporting and paying tax on taxable property | 69834 |
| it leases to a public utility other than a telephone or telegraph | 69835 |
| company. A public utility property lessor that leases property to | 69836 |
| a public utility other than a telephone or telegraph company is | 69837 |
| not a public utility, but it shall report its property and be | 69838 |
| assessed in the same manner as the utility to which it leases the | 69839 |
| property. | 69840 |
| (N) "Energy resource" means any of the following: | 69841 |
| (1) "Renewable energy resource" as defined in section 4928.01 | 69842 |
| of the Revised Code; | 69843 |
| (2) "Clean coal technology" as described in division | 69844 |
| (A)(34)(c) of section 4928.01 of the Revised Code; | 69845 |
| (3) "Advanced nuclear technology" as described in division | 69846 |
| (A)(34)(d) of section 4928.01 of the Revised Code; | 69847 |
| (4) "Cogeneration technology" as described in division | 69848 |
| (A)(34)(b) of section 4928.01 of the Revised Code. | 69849 |
| (O) "Energy conversion equipment" means tangible personal | 69850 |
| property connected to a wind turbine tower, connected to and | 69851 |
| behind solar radiation collector areas and designed to convert the | 69852 |
| radiant energy of the sun into electricity or heat, or connected | 69853 |
| to any other property used to generate electricity from an energy | 69854 |
| resource, through which electricity is transferred to controls, | 69855 |
| transformers, or power electronics and to the transmission | 69856 |
| interconnection point. | 69857 |
| "Energy conversion equipment" includes, but is not limited | 69858 |
| to, inverters, batteries, switch gears, wiring, collection lines, | 69859 |
| substations, ancillary tangible personal property, or any lines | 69860 |
| and associated tangible personal property located between | 69861 |
| substations and the transmission interconnection point. | 69862 |
| (P) "Energy facility" means one or more interconnected wind | 69863 |
| turbines, solar panels, or other tangible personal property used | 69864 |
| to generate electricity from an energy resource owned by the same | 69865 |
| person, including: | 69866 |
| (1) All interconnection equipment, devices, and related | 69867 |
| apparatus connected to such tangible personal property; | 69868 |
| (2) All cables, equipment, devices, and related apparatus | 69869 |
| that connect the generators to an electricity grid or to a | 69870 |
| building or facility that directly consumes the electricity | 69871 |
| produced, that facilitate the transmission of electrical energy | 69872 |
| from the generators to the grid, building, or facility, and, where | 69873 |
| applicable, that transform voltage before ultimate delivery of | 69874 |
| electricity to the grid, building, or facility. | 69875 |
| "Energy facility" includes buildings, structures, | 69876 |
| improvements, or fixtures exclusively used to house, support, or | 69877 |
| stabilize tangible personal property constituting the facility or | 69878 |
| that are otherwise necessary for the operation of that property; | 69879 |
| and so much of the land on which such tangible personal property | 69880 |
| is situated as is required for operation of the facility and is | 69881 |
| not devoted to some other use, not to exceed, in the case of wind | 69882 |
| turbines, one-half acre for each wind turbine, and regardless of | 69883 |
| whether the land is owned by the owner or lessee of the tangible | 69884 |
| personal property or by another person. | 69885 |
| (Q) "Nameplate capacity" means the original interconnected | 69886 |
| maximum rated alternating current output of a generator or other | 69887 |
| electric production equipment under specific conditions designated | 69888 |
| by the manufacturer, expressed in the number of kilowatts or | 69889 |
| megawatts. | 69890 |
| Sec. 5727.111. The taxable property of each public utility, | 69891 |
| except a railroad company, and of each interexchange | 69892 |
| telecommunications company shall be assessed at the following | 69893 |
| percentages of true value: | 69894 |
| (A) In the case of a rural electric company, fifty per cent | 69895 |
| in the case of its taxable transmission and distribution property | 69896 |
| and its energy conversion equipment, and twenty-five per cent for | 69897 |
| all its other taxable property; | 69898 |
| (B) In the case of a telephone or telegraph company, | 69899 |
| twenty-five per cent for taxable property first subject to | 69900 |
| taxation in this state for tax year 1995 or thereafter for tax | 69901 |
| years before tax year 2007, and pursuant to division (H) of | 69902 |
| section 5711.22 of the Revised Code for tax year 2007 and | 69903 |
| thereafter, and the following for all other taxable property: | 69904 |
| (1) For tax years prior to 2005, eighty-eight per cent; | 69905 |
| (2) For tax year 2005, sixty-seven per cent; | 69906 |
| (3) For tax year 2006, forty-six per cent; | 69907 |
| (4) For tax year 2007 and thereafter, pursuant to division | 69908 |
| (H) of section 5711.22 of the Revised Code. | 69909 |
| (C) Twenty-five per cent in the case of a natural gas | 69910 |
| company. | 69911 |
| (D)(1) Eighty-eight per cent in the case of a pipe-line, | 69912 |
| water-works, or heating company, except as provided in division | 69913 |
| (D)(2) of this section; | 69914 |
| (2) For tax year 2013 and thereafter, thirty-five per cent in | 69915 |
| the case of a pipe-line company transporting liquid or gaseous | 69916 |
| hydrocarbons, natural gas liquids, or condensate that is not oil | 69917 |
| or refined oil products or natural methane gas. | 69918 |
| (E)(1) For tax year 2005, eighty-eight per cent in the case | 69919 |
| of the taxable transmission and distribution property of an | 69920 |
| electric company, and twenty-five per cent for all its other | 69921 |
|
taxable property | 69922 |
| (2) For tax year 2006 and each tax year thereafter, in the | 69923 |
| case of an electric company, eighty-five per cent in the case of | 69924 |
| its taxable transmission and distribution property and its energy | 69925 |
| conversion equipment, and twenty-four per cent for all its other | 69926 |
| taxable property. | 69927 |
| (F)(1) Twenty-five per cent in the case of an interexchange | 69928 |
| telecommunications company for tax years before tax year 2007; | 69929 |
| (2) Pursuant to division (H) of section 5711.22 of the | 69930 |
| Revised Code for tax year 2007 and thereafter. | 69931 |
| (G) Twenty-five per cent in the case of a water | 69932 |
| transportation company; | 69933 |
| (H) For tax year 2011 and each tax year thereafter in the | 69934 |
| case of an energy company, twenty-four per cent in the case of its | 69935 |
| taxable production equipment, and eighty-five per cent for all its | 69936 |
| other taxable property. | 69937 |
| Sec. 5727.84. (A) As used in this section and sections | 69938 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 69939 |
| (1) "School district" means a city, local, or exempted | 69940 |
| village school district. | 69941 |
| (2) "Joint vocational school district" means a joint | 69942 |
| vocational school district created under section 3311.16 of the | 69943 |
| Revised Code, and includes a cooperative education school district | 69944 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 69945 |
| a county school financing district created under section 3311.50 | 69946 |
| of the Revised Code. | 69947 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 69948 |
| as defined in section 5705.01 of the Revised Code, a park district | 69949 |
| created under Chapter 1545. of the Revised Code, or a township | 69950 |
| park district established under section 511.23 of the Revised | 69951 |
| Code, but excludes school districts and joint vocational school | 69952 |
| districts. | 69953 |
| (4) "State education aid," for a school district, means the | 69954 |
| following: | 69955 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 69956 |
| state aid amounts computed for the district under the following | 69957 |
| provisions, as they existed for the applicable fiscal year: | 69958 |
| divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section | 69959 |
| 3317.022; divisions (B), (C), and (D) of section 3317.023; | 69960 |
| divisions (G), (L), and (N) of section 3317.024; and sections | 69961 |
| 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and | 69962 |
| 3317.053 of the Revised Code; and the adjustments required by: | 69963 |
| division (C) of section 3310.08; division (C)(2) of section | 69964 |
| 3310.41; division (C) of section 3314.08; division (D)(2) of | 69965 |
| section 3314.091; division (D) of section 3314.13; divisions (E), | 69966 |
| (K), (L), (M), and (N) of section 3317.023; division (C) of | 69967 |
| section 3317.20; and sections 3313.979 and 3313.981 of the Revised | 69968 |
| Code. However, when calculating state education aid for a school | 69969 |
| district for fiscal years 2008 and 2009, include the amount | 69970 |
| computed for the district under Section 269.20.80 of H.B. 119 of | 69971 |
| the 127th general assembly, as subsequently amended, instead of | 69972 |
| division (D) of section 3317.022 of the Revised Code; and include | 69973 |
| amounts calculated under Section 269.30.80 of H.B. 119 of the | 69974 |
| 127th general assembly, as subsequently amended. | 69975 |
| (b) For fiscal years 2010 and 2011, the sum of the amounts | 69976 |
| computed for the district under former sections 3306.052, 3306.12, | 69977 |
| 3306.13, 3306.19, 3306.191, and 3306.192 of the Revised Code and | 69978 |
| the following provisions, as they existed for the applicable | 69979 |
| fiscal year: division (G) of section 3317.024; sections 3317.05, | 69980 |
| 3317.052, and 3317.053 of the Revised Code; and the adjustments | 69981 |
| required by division (C) of section 3310.08; division (C)(2) of | 69982 |
| section 3310.41; division (C) of section 3314.08; division (D)(2) | 69983 |
| of section 3314.091; division (D) of section 3314.13; divisions | 69984 |
| (E), (K), (L), (M), and (N) of section 3317.023; division (C) of | 69985 |
| section 3317.20; and sections 3313.979, 3313.981, and 3326.33 of | 69986 |
| the Revised Code. | 69987 |
| (c) For fiscal years 2012 and 2013, the amount paid in | 69988 |
| accordance with the section of H.B. 153 of the 129th general | 69989 |
| assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL | 69990 |
| SCHOOL DISTRICTS" and the adjustments required by division (C) of | 69991 |
| section 3310.08; division (C)(2) of section 3310.41; section | 69992 |
| 3310.55; division (C) of section 3314.08; division (D)(2) of | 69993 |
| section 3314.091; division (D) of section 3314.13; divisions (B), | 69994 |
| (H), (I), (J), and (K) of section 3317.023; division (C) of | 69995 |
| section 3317.20; and sections 3313.979 and 3313.981 of the Revised | 69996 |
| Code. | 69997 |
| (5) "State education aid," for a joint vocational school | 69998 |
| district, means the following: | 69999 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 70000 |
| the state aid amounts computed for the district under division (N) | 70001 |
| of section 3317.024 and section 3317.16 of the Revised Code. | 70002 |
| However, when calculating state education aid for a joint | 70003 |
| vocational school district for fiscal years 2008 and 2009, include | 70004 |
| the amount computed for the district under Section 269.30.90 of | 70005 |
| H.B. 119 of the 127th general assembly, as subsequently amended. | 70006 |
| (b) For fiscal years 2010 and 2011, the amount computed for | 70007 |
| the district in accordance with the section of H.B. 1 of the 128th | 70008 |
| general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL | 70009 |
| DISTRICTS". | 70010 |
| (c) For fiscal years 2012 and 2013, the amount paid in | 70011 |
| accordance with the section of H.B. 153 of the 129th general | 70012 |
| assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS." | 70013 |
| (6) "State education aid offset" means the amount determined | 70014 |
| for each school district or joint vocational school district under | 70015 |
| division (A)(1) of section 5727.85 of the Revised Code. | 70016 |
| (7) "Recognized valuation" has the same meaning as in section | 70017 |
| 3317.02 of the Revised Code. | 70018 |
| (8) "Electric company tax value loss" means the amount | 70019 |
| determined under division (D) of this section. | 70020 |
| (9) "Natural gas company tax value loss" means the amount | 70021 |
| determined under division (E) of this section. | 70022 |
| (10) "Tax value loss" means the sum of the electric company | 70023 |
| tax value loss and the natural gas company tax value loss. | 70024 |
| (11) "Fixed-rate levy" means any tax levied on property other | 70025 |
| than a fixed-sum levy. | 70026 |
| (12) "Fixed-rate levy loss" means the amount determined under | 70027 |
| division (G) of this section. | 70028 |
| (13) "Fixed-sum levy" means a tax levied on property at | 70029 |
| whatever rate is required to produce a specified amount of tax | 70030 |
| money or levied in excess of the ten-mill limitation to pay debt | 70031 |
|
charges, and includes school district emergency levies | 70032 |
| charged and payable pursuant to section 5705.194 of the Revised | 70033 |
| Code. | 70034 |
| (14) "Fixed-sum levy loss" means the amount determined under | 70035 |
| division (H) of this section. | 70036 |
| (15) "Consumer price index" means the consumer price index | 70037 |
| (all items, all urban consumers) prepared by the bureau of labor | 70038 |
| statistics of the United States department of labor. | 70039 |
| (16) "Total resources" | 70040 |
|
the same | 70041 |
| Code. | 70042 |
| (17) "2011 current expense S.B. 3 allocation" means the sum | 70043 |
| of payments received by a school district or joint vocational | 70044 |
| school district in fiscal year 2011 for current expense levy | 70045 |
| losses pursuant to division (C)(2) of section 5727.85 of the | 70046 |
| Revised Code. If a fixed-rate levy eligible for reimbursement is | 70047 |
|
not | 70048 |
| "2011 current expense S.B. 3 allocation" used to compute payments | 70049 |
| to be made under division (C)(3) of section 5727.85 of the Revised | 70050 |
|
Code in the tax years following the last year the levy is | 70051 |
| charged and payable shall be reduced | 70052 |
| extent that those payments are attributable to the fixed-rate levy | 70053 |
| loss of that levy. | 70054 |
| (18) "2010 current expense S.B. 3 allocation" means the sum | 70055 |
| of payments received by a municipal corporation in calendar year | 70056 |
| 2010 for current expense levy losses pursuant to division (A)(1) | 70057 |
| of section 5727.86 of the Revised Code, excluding any such | 70058 |
| payments received for current expense levy losses attributable to | 70059 |
| a tax levied under section 5705.23 of the Revised Code. If a | 70060 |
|
fixed-rate levy eligible for reimbursement is not | 70061 |
| and payable in any year after tax year 2010, "2010 current expense | 70062 |
| S.B. 3 allocation" used to compute payments to be made under | 70063 |
| division (A)(1)(d) or (e) of section 5727.86 of the Revised Code | 70064 |
|
in the tax years following the last year the levy is | 70065 |
| charged and payable shall be reduced | 70066 |
| extent that those payments are attributable to the fixed-rate levy | 70067 |
| loss of that levy. | 70068 |
| (19) "2010 S.B. 3 allocation" means the sum of payments | 70069 |
| received by a local taxing unit during calendar year 2010 pursuant | 70070 |
| to division (A)(1) of section 5727.86 of the Revised Code, | 70071 |
| excluding any such payments received for fixed-rate levy losses | 70072 |
| attributable to a tax levied under section 5705.23 of the Revised | 70073 |
| Code. If a fixed-rate levy eligible for reimbursement is not | 70074 |
| 70075 | |
| S.B. 3 allocation" used to compute payments to be made under | 70076 |
| division (A)(1)(d) or (e) of section 5727.86 of the Revised Code | 70077 |
|
in the tax years following the last year the levy is | 70078 |
| charged and payable shall be reduced | 70079 |
| extent that those payments are attributable to the fixed-rate levy | 70080 |
| loss of that levy. | 70081 |
| (20) "Total S.B. 3 allocation" means, in the case of a school | 70082 |
| district or joint vocational school district, the sum of the | 70083 |
| 70084 | |
| divisions (C)(2) and (D) of section 5727.85 of the Revised Code. | 70085 |
| In the case of a local taxing unit, "total S.B. 3 allocation" | 70086 |
| means the sum of payments received by the unit in calendar year | 70087 |
| 2010 pursuant to divisions (A)(1) and (4) of section 5727.86 of | 70088 |
| the Revised Code, excluding any such payments received for | 70089 |
| fixed-rate levy losses attributable to a tax levied under section | 70090 |
| 5705.23 of the Revised Code. If a fixed-rate levy eligible for | 70091 |
|
reimbursement is not | 70092 |
| tax year 2010, "total S.B. 3 allocation" used to compute payments | 70093 |
| to be made under division (C)(3) of section 5727.85 or division | 70094 |
| (A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax | 70095 |
|
years following the last year the levy is | 70096 |
|
payable shall be reduced | 70097 |
| payments are attributable to the fixed-rate levy loss of that levy | 70098 |
| as would be computed under division (C)(2) of section 5727.85 or | 70099 |
| division (A)(1)(b) of section 5727.86 of the Revised Code. | 70100 |
| (21) "2011 non-current expense S.B. 3 allocation" means the | 70101 |
| difference of a school district's or joint vocational school | 70102 |
| district's total S.B. 3 allocation minus the sum of the school | 70103 |
| district's 2011 current expense S.B. 3 allocation and the portion | 70104 |
| of the school district's total S.B. 3 allocation constituting | 70105 |
| reimbursement for debt levies pursuant to division (D) of section | 70106 |
| 5727.85 of the Revised Code. | 70107 |
| (22) "2010 non-current expense S.B. 3 allocation" means the | 70108 |
| difference of a municipal corporation's total S.B. 3 allocation | 70109 |
| minus the sum of its 2010 current expense S.B. 3 allocation and | 70110 |
| the portion of its total S.B. 3 allocation constituting | 70111 |
| reimbursement for debt levies pursuant to division (A)(4) of | 70112 |
| section 5727.86 of the Revised Code. | 70113 |
| (23) "S.B. 3 allocation for library purposes" means, in the | 70114 |
| case of a county, municipal corporation, school district, or | 70115 |
| township public library that receives the proceeds of a tax levied | 70116 |
| under section 5705.23 of the Revised Code, the sum of the payments | 70117 |
| received by the public library in calendar year 2010 pursuant to | 70118 |
| section 5727.86 of the Revised Code for fixed-rate levy losses | 70119 |
| attributable to a tax levied under section 5705.23 of the Revised | 70120 |
| Code. If a fixed-rate levy authorized under section 5705.23 of the | 70121 |
| Revised Code that is eligible for reimbursement is not charged and | 70122 |
| payable in any year after tax year 2010, "S.B. 3 allocation for | 70123 |
| library purposes" used to compute payments to be made under | 70124 |
| division (A)(1)(f) of section 5727.86 of the Revised Code in the | 70125 |
| tax years following the last year the levy is charged and payable | 70126 |
| shall be reduced to the extent that those payments are | 70127 |
| attributable to the fixed-rate levy loss of that levy as would be | 70128 |
| computed under division (A)(1)(b) of section 5727.86 of the | 70129 |
| Revised Code. | 70130 |
| (24) "Threshold per cent" means, in the case of a school | 70131 |
| district or joint vocational school district, two per cent for | 70132 |
| fiscal year 2012 and four per cent for fiscal years 2013 and | 70133 |
| thereafter. In the case of a local taxing unit or public library | 70134 |
| that receives the proceeds of a tax levied under section 5705.23 | 70135 |
| of the Revised Code, "threshold per cent" means two per cent for | 70136 |
| calendar year 2011, four per cent for calendar year 2012, and six | 70137 |
| per cent for calendar years 2013 and thereafter. | 70138 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 70139 |
| the state treasury and shall consist of money arising from the tax | 70140 |
| imposed by section 5727.81 of the Revised Code. All money in the | 70141 |
| kilowatt-hour tax receipts fund shall be credited as follows: | 70142 |
| Fiscal Year | General Revenue Fund | School District Property Tax Replacement Fund | Local Government Property Tax Replacement Fund | 70143 | |
| 2001-2011 | 63.0% | 25.4% | 11.6% | 70144 | |
| 2012 and thereafter | 88.0% | 9.0% | 3.0% | 70145 |
| (C) The natural gas tax receipts fund is hereby created in | 70146 |
| the state treasury and shall consist of money arising from the tax | 70147 |
| imposed by section 5727.811 of the Revised Code. All money in the | 70148 |
| fund shall be credited as follows: | 70149 |
| (1) For fiscal years before fiscal year 2012: | 70150 |
| (a) Sixty-eight and seven-tenths per cent shall be credited | 70151 |
| to the school district property tax replacement fund for the | 70152 |
| purpose of making the payments described in section 5727.85 of the | 70153 |
| Revised Code. | 70154 |
| (b) Thirty-one and three-tenths per cent shall be credited to | 70155 |
| the local government property tax replacement fund for the purpose | 70156 |
| of making the payments described in section 5727.86 of the Revised | 70157 |
| Code. | 70158 |
| (2) For fiscal years 2012 and thereafter, one hundred per | 70159 |
| cent to the general revenue fund. | 70160 |
| (D) Not later than January 1, 2002, the tax commissioner | 70161 |
| shall determine for each taxing district its electric company tax | 70162 |
| value loss, which is the sum of the applicable amounts described | 70163 |
| in divisions (D)(1) to (4) of this section: | 70164 |
| (1) The difference obtained by subtracting the amount | 70165 |
| described in division (D)(1)(b) from the amount described in | 70166 |
| division (D)(1)(a) of this section. | 70167 |
| (a) The value of electric company and rural electric company | 70168 |
| tangible personal property as assessed by the tax commissioner for | 70169 |
| tax year 1998 on a preliminary assessment, or an amended | 70170 |
| preliminary assessment if issued prior to March 1, 1999, and as | 70171 |
| apportioned to the taxing district for tax year 1998; | 70172 |
| (b) The value of electric company and rural electric company | 70173 |
| tangible personal property as assessed by the tax commissioner for | 70174 |
| tax year 1998 had the property been apportioned to the taxing | 70175 |
| district for tax year 2001, and assessed at the rates in effect | 70176 |
| for tax year 2001. | 70177 |
| (2) The difference obtained by subtracting the amount | 70178 |
| described in division (D)(2)(b) from the amount described in | 70179 |
| division (D)(2)(a) of this section. | 70180 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 70181 |
| of the assessed value from nuclear fuel materials and assemblies | 70182 |
| assessed against a person under Chapter 5711. of the Revised Code | 70183 |
| from the leasing of them to an electric company for those | 70184 |
| respective tax years, as reflected in the preliminary assessments; | 70185 |
| (b) The three-year average assessed value from nuclear fuel | 70186 |
| materials and assemblies assessed under division (D)(2)(a) of this | 70187 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 70188 |
| preliminary assessments, using an assessment rate of twenty-five | 70189 |
| per cent. | 70190 |
| (3) In the case of a taxing district having a nuclear power | 70191 |
| plant within its territory, any amount, resulting in an electric | 70192 |
| company tax value loss, obtained by subtracting the amount | 70193 |
| described in division (D)(1) of this section from the difference | 70194 |
| obtained by subtracting the amount described in division (D)(3)(b) | 70195 |
| of this section from the amount described in division (D)(3)(a) of | 70196 |
| this section. | 70197 |
| (a) The value of electric company tangible personal property | 70198 |
| as assessed by the tax commissioner for tax year 2000 on a | 70199 |
| preliminary assessment, or an amended preliminary assessment if | 70200 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 70201 |
| district for tax year 2000; | 70202 |
| (b) The value of electric company tangible personal property | 70203 |
| as assessed by the tax commissioner for tax year 2001 on a | 70204 |
| preliminary assessment, or an amended preliminary assessment if | 70205 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 70206 |
| district for tax year 2001. | 70207 |
| (4) In the case of a taxing district having a nuclear power | 70208 |
| plant within its territory, the difference obtained by subtracting | 70209 |
| the amount described in division (D)(4)(b) of this section from | 70210 |
| the amount described in division (D)(4)(a) of this section, | 70211 |
| provided that such difference is greater than ten per cent of the | 70212 |
| amount described in division (D)(4)(a) of this section. | 70213 |
| (a) The value of electric company tangible personal property | 70214 |
| as assessed by the tax commissioner for tax year 2005 on a | 70215 |
| preliminary assessment, or an amended preliminary assessment if | 70216 |
| issued prior to March 1, 2006, and as apportioned to the taxing | 70217 |
| district for tax year 2005; | 70218 |
| (b) The value of electric company tangible personal property | 70219 |
| as assessed by the tax commissioner for tax year 2006 on a | 70220 |
| preliminary assessment, or an amended preliminary assessment if | 70221 |
| issued prior to March 1, 2007, and as apportioned to the taxing | 70222 |
| district for tax year 2006. | 70223 |
| (E) Not later than January 1, 2002, the tax commissioner | 70224 |
| shall determine for each taxing district its natural gas company | 70225 |
| tax value loss, which is the sum of the amounts described in | 70226 |
| divisions (E)(1) and (2) of this section: | 70227 |
| (1) The difference obtained by subtracting the amount | 70228 |
| described in division (E)(1)(b) from the amount described in | 70229 |
| division (E)(1)(a) of this section. | 70230 |
| (a) The value of all natural gas company tangible personal | 70231 |
| property, other than property described in division (E)(2) of this | 70232 |
| section, as assessed by the tax commissioner for tax year 1999 on | 70233 |
| a preliminary assessment, or an amended preliminary assessment if | 70234 |
| issued prior to March 1, 2000, and apportioned to the taxing | 70235 |
| district for tax year 1999; | 70236 |
| (b) The value of all natural gas company tangible personal | 70237 |
| property, other than property described in division (E)(2) of this | 70238 |
| section, as assessed by the tax commissioner for tax year 1999 had | 70239 |
| the property been apportioned to the taxing district for tax year | 70240 |
| 2001, and assessed at the rates in effect for tax year 2001. | 70241 |
| (2) The difference in the value of current gas obtained by | 70242 |
| subtracting the amount described in division (E)(2)(b) from the | 70243 |
| amount described in division (E)(2)(a) of this section. | 70244 |
| (a) The three-year average assessed value of current gas as | 70245 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 70246 |
| 1999 on a preliminary assessment, or an amended preliminary | 70247 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 70248 |
| the taxing district for those respective years; | 70249 |
| (b) The three-year average assessed value from current gas | 70250 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 70251 |
| and 1999, as reflected in the preliminary assessment, using an | 70252 |
| assessment rate of twenty-five per cent. | 70253 |
| (F) The tax commissioner may request that natural gas | 70254 |
| companies, electric companies, and rural electric companies file a | 70255 |
| report to help determine the tax value loss under divisions (D) | 70256 |
| and (E) of this section. The report shall be filed within thirty | 70257 |
| days of the commissioner's request. A company that fails to file | 70258 |
| the report or does not timely file the report is subject to the | 70259 |
| penalty in section 5727.60 of the Revised Code. | 70260 |
| (G) Not later than January 1, 2002, the tax commissioner | 70261 |
| shall determine for each school district, joint vocational school | 70262 |
| district, and local taxing unit its fixed-rate levy loss, which is | 70263 |
| the sum of its electric company tax value loss multiplied by the | 70264 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 70265 |
| natural gas company tax value loss multiplied by the tax rate in | 70266 |
| effect in tax year 1999 for fixed-rate levies. | 70267 |
| (H) Not later than January 1, 2002, the tax commissioner | 70268 |
| shall determine for each school district, joint vocational school | 70269 |
| district, and local taxing unit its fixed-sum levy loss, which is | 70270 |
| the amount obtained by subtracting the amount described in | 70271 |
| division (H)(2) of this section from the amount described in | 70272 |
| division (H)(1) of this section: | 70273 |
| (1) The sum of the electric company tax value loss multiplied | 70274 |
| by the tax rate in effect in tax year 1998, and the natural gas | 70275 |
| company tax value loss multiplied by the tax rate in effect in tax | 70276 |
| year 1999, for fixed-sum levies for all taxing districts within | 70277 |
| each school district, joint vocational school district, and local | 70278 |
| taxing unit. For the years 2002 through 2006, this computation | 70279 |
| shall include school district emergency levies that existed in | 70280 |
| 1998 in the case of the electric company tax value loss, and 1999 | 70281 |
| in the case of the natural gas company tax value loss, and all | 70282 |
| other fixed-sum levies that existed in 1998 in the case of the | 70283 |
| electric company tax value loss and 1999 in the case of the | 70284 |
| natural gas company tax value loss and continue to be charged in | 70285 |
| the tax year preceding the distribution year. For the years 2007 | 70286 |
| through 2016 in the case of school district emergency levies, and | 70287 |
| for all years after 2006 in the case of all other fixed-sum | 70288 |
| levies, this computation shall exclude all fixed-sum levies that | 70289 |
| existed in 1998 in the case of the electric company tax value loss | 70290 |
| and 1999 in the case of the natural gas company tax value loss, | 70291 |
| but are no longer in effect in the tax year preceding the | 70292 |
| distribution year. For the purposes of this section, an emergency | 70293 |
| levy that existed in 1998 in the case of the electric company tax | 70294 |
| value loss, and 1999 in the case of the natural gas company tax | 70295 |
| value loss, continues to exist in a year beginning on or after | 70296 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 70297 |
| board of education levies a school district emergency levy for an | 70298 |
| annual sum at least equal to the annual sum levied by the board in | 70299 |
| tax year 1998 or 1999, respectively, less the amount of the | 70300 |
| payment certified under this division for 2002. | 70301 |
| (2) The total taxable value in tax year 1999 less the tax | 70302 |
| value loss in each school district, joint vocational school | 70303 |
| district, and local taxing unit multiplied by one-fourth of one | 70304 |
| mill. | 70305 |
| If the amount computed under division (H) of this section for | 70306 |
| any school district, joint vocational school district, or local | 70307 |
| taxing unit is greater than zero, that amount shall equal the | 70308 |
| fixed-sum levy loss reimbursed pursuant to division (F) of section | 70309 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 70310 |
| of the Revised Code, and the one-fourth of one mill that is | 70311 |
| subtracted under division (H)(2) of this section shall be | 70312 |
| apportioned among all contributing fixed-sum levies in the | 70313 |
| proportion of each levy to the sum of all fixed-sum levies within | 70314 |
| each school district, joint vocational school district, or local | 70315 |
| taxing unit. | 70316 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 70317 |
| section, in computing the tax value loss, fixed-rate levy loss, | 70318 |
| and fixed-sum levy loss, the tax commissioner shall use the | 70319 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 70320 |
| levy losses associated with the electric company tax value loss, | 70321 |
| but the 1999 tax rate shall not include for this purpose any tax | 70322 |
| levy approved by the voters after June 30, 1999, and the tax | 70323 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 70324 |
| rate in the case of levy losses associated with the natural gas | 70325 |
| company tax value loss. | 70326 |
| (J) Not later than January 1, 2002, the tax commissioner | 70327 |
| shall certify to the department of education the tax value loss | 70328 |
| determined under divisions (D) and (E) of this section for each | 70329 |
| taxing district, the fixed-rate levy loss calculated under | 70330 |
| division (G) of this section, and the fixed-sum levy loss | 70331 |
| calculated under division (H) of this section. The calculations | 70332 |
| under divisions (G) and (H) of this section shall separately | 70333 |
| display the levy loss for each levy eligible for reimbursement. | 70334 |
| (K) Not later than September 1, 2001, the tax commissioner | 70335 |
| shall certify the amount of the fixed-sum levy loss to the county | 70336 |
| auditor of each county in which a school district with a fixed-sum | 70337 |
| levy loss has territory. | 70338 |
| Sec. 5727.86. (A) | 70339 |
| tax commissioner shall compute the payments to be made to each | 70340 |
| local taxing unit, and to each public library that receives the | 70341 |
| proceeds of a tax levied under section 5705.23 of the Revised | 70342 |
| Code, for each year according to divisions (A)(1), (2), (3), and | 70343 |
| (4) and division (E) of this section, and shall distribute the | 70344 |
| payments in the manner prescribed by division (C) of this section. | 70345 |
| The calculation of the fixed-sum levy loss shall cover a time | 70346 |
| period sufficient to include all fixed-sum levies for which the | 70347 |
| tax commissioner determined, pursuant to division (H) of section | 70348 |
| 5727.84 of the Revised Code, that a fixed-sum levy loss is to be | 70349 |
| reimbursed. | 70350 |
| (1) Except as provided in divisions (A)(3) and (4) of this | 70351 |
| section, the following amounts shall be paid on or before the | 70352 |
| thirty-first day of August and the twenty-eighth day of February: | 70353 |
| (a) For years 2002 through 2006, fifty per cent of the | 70354 |
| fixed-rate levy loss computed under division (G) of section | 70355 |
| 5727.84 of the Revised Code; | 70356 |
| (b) For years 2007 through 2010, forty per cent of the | 70357 |
| fixed-rate levy loss computed under division (G) of section | 70358 |
| 5727.84 of the Revised Code; | 70359 |
| (c) For the payment in 2011 to be made on or before the | 70360 |
| twentieth day of February, the amount required to be paid in 2010 | 70361 |
| on or before the twentieth day of February; | 70362 |
| (d) For the payment in 2011 to be made on or before the | 70363 |
|
thirty-first day of August | 70364 |
| 70365 | |
| (A)(1)(d)(i) or (ii) and (iii) of this section: | 70366 |
| (i) If the ratio of fifty per cent of the taxing unit's 2010 | 70367 |
| S.B. 3 allocation to its total resources is equal to or less than | 70368 |
| the threshold per cent, zero; | 70369 |
| (ii) If the ratio of fifty per cent of the taxing unit's 2010 | 70370 |
| S.B. 3 allocation to its total resources is greater than the | 70371 |
| threshold per cent, the difference of fifty per cent of the 2010 | 70372 |
| S.B. 3 allocation minus the product of total resources multiplied | 70373 |
| by the threshold per cent; | 70374 |
| (iii) In the case of a municipal corporation, fifty per cent | 70375 |
| of the product of its 2010 non-current expense S.B. 3 allocation | 70376 |
|
multiplied by seventy-five per cent
| 70377 |
| 70378 | |
| 70379 |
| (e) For 2012 and each year thereafter, the sum of the amounts | 70380 |
| in divisions (A)(1)(e)(i) or (ii) and (iii) of this section: | 70381 |
| (i) If the ratio of the taxing unit's 2010 S.B. 3 allocation | 70382 |
| to its total resources is equal to or less than the threshold per | 70383 |
| cent, zero; | 70384 |
| (ii) If the ratio of the taxing unit's 2010 S.B. 3 allocation | 70385 |
| to its total resources is greater than the threshold per cent, | 70386 |
| fifty per cent of the difference of the 2010 S.B. 3 allocation | 70387 |
| minus the product of total resources multiplied by the threshold | 70388 |
| per cent; | 70389 |
| (iii) In the case of a municipal corporation, fifty per cent | 70390 |
| of the product of its 2010 non-current expense S.B. 3 allocation | 70391 |
| multiplied by fifty per cent for year 2012 and by twenty-five per | 70392 |
| cent for years 2013 and thereafter. | 70393 |
| (f) For the payment in 2012 to be made to a public library on | 70394 |
| or before the thirty-first day of August and for all such payments | 70395 |
| to be made in 2013 and thereafter, the amount in division | 70396 |
| (A)(1)(f)(i) or (ii) of this section: | 70397 |
| (i) If the ratio of S.B. 3 allocation for library purposes to | 70398 |
| total library resources is equal to or less than the threshold per | 70399 |
| cent, zero; | 70400 |
| (ii) If the ratio of S.B. 3 allocation for library purposes | 70401 |
| to total library resources is greater than the threshold per cent, | 70402 |
| fifty per cent of the difference of the S.B. 3 allocation for | 70403 |
| library purposes minus the product of total library resources | 70404 |
| multiplied by the threshold per cent. | 70405 |
| (2) For fixed-sum levy losses determined under division (H) | 70406 |
| of section 5727.84 of the Revised Code, payments shall be made in | 70407 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 70408 |
| payments required to be made in 2002 and thereafter. | 70409 |
| (3) A local taxing unit in a county of less than two hundred | 70410 |
| fifty square miles that receives eighty per cent or more of its | 70411 |
| combined general fund and bond retirement fund revenues from | 70412 |
| property taxes and rollbacks based on 1997 actual revenues as | 70413 |
| presented in its 1999 tax budget, and in which electric companies | 70414 |
| and rural electric companies comprise over twenty per cent of its | 70415 |
| property valuation, shall receive one hundred per cent of its | 70416 |
| fixed-rate levy losses from electric company tax value losses | 70417 |
| certified under division (A) of this section in years 2002 to | 70418 |
| 2010. Beginning in 2011, payments for such local taxing units | 70419 |
| shall be determined under division (A)(1) of this section. | 70420 |
| (4) For taxes levied within the ten-mill limitation or | 70421 |
| pursuant to a municipal charter for debt purposes in tax year 1998 | 70422 |
| in the case of electric company tax value losses, and in tax year | 70423 |
| 1999 in the case of natural gas company tax value losses, payments | 70424 |
| shall be made equal to one hundred per cent of the loss computed | 70425 |
| as if the tax were a fixed-rate levy, but those payments shall | 70426 |
|
extend from 2011 through 2016 if the levy was | 70427 |
| payable for debt purposes in tax year 2010. If the levy is not | 70428 |
| 70429 | |
| any following tax year before tax year 2016, payments for that | 70430 |
| levy shall be made under division (A)(1) of this section beginning | 70431 |
|
with the first year after the year the levy is | 70432 |
| payable for a purpose other than debt. For the purposes of this | 70433 |
| division, taxes levied pursuant to a municipal charter refer to | 70434 |
| taxes levied pursuant to a provision of a municipal charter that | 70435 |
| permits the tax to be levied without prior voter approval. | 70436 |
| (B) Beginning in 2003, by the thirty-first day of January of | 70437 |
| each year, the tax commissioner shall review the calculation | 70438 |
| originally made under division (A) of this section of the | 70439 |
| fixed-sum levy loss determined under division (H) of section | 70440 |
| 5727.84 of the Revised Code. If the commissioner determines that a | 70441 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 70442 |
| current year has expired, a revised calculation for that and all | 70443 |
| subsequent years shall be made. | 70444 |
| (C) Payments to local taxing units and public libraries | 70445 |
| required to be made under divisions (A) and (E) of this section | 70446 |
| shall be paid from the local government property tax replacement | 70447 |
| fund to the county undivided income tax fund in the proper county | 70448 |
| treasury. The county treasurer shall distribute amounts paid under | 70449 |
| division (A) of this section to the proper local taxing unit or | 70450 |
| public library as if they had been levied and collected as taxes, | 70451 |
| and the local taxing unit or public library shall apportion the | 70452 |
| amounts so received among its funds in the same proportions as if | 70453 |
| those amounts had been levied and collected as taxes. Except in | 70454 |
| the case of amounts distributed to the county as a local taxing | 70455 |
| unit, amounts distributed under division (E)(2) of this section | 70456 |
| shall be credited to the general fund of the local taxing unit | 70457 |
| that receives them. Amounts distributed to each county as a local | 70458 |
| taxing unit under division (E)(2) of this section shall be | 70459 |
| credited in the proportion that the current taxes charged and | 70460 |
| payable from each levy of or by the county bears to the total | 70461 |
| current taxes charged and payable from all levies of or by the | 70462 |
| county. | 70463 |
| (D) By February 5, 2002, the tax commissioner shall estimate | 70464 |
| the amount of money in the local government property tax | 70465 |
| replacement fund in excess of the amount necessary to make | 70466 |
| payments in that month under division (C) of this section. | 70467 |
| Notwithstanding division (A) of this section, the tax commissioner | 70468 |
| may pay any local taxing unit, from those excess funds, nine and | 70469 |
| four-tenths times the amount computed for 2002 under division | 70470 |
| (A)(1) of this section. A payment made under this division shall | 70471 |
| be in lieu of the payment to be made in February 2002 under | 70472 |
| division (A)(1) of this section. A local taxing unit receiving a | 70473 |
| payment under this division will no longer be entitled to any | 70474 |
| further payments under division (A)(1) of this section. A payment | 70475 |
| made under this division shall be paid from the local government | 70476 |
| property tax replacement fund to the county undivided income tax | 70477 |
| fund in the proper county treasury. The county treasurer shall | 70478 |
| distribute the payment to the proper local taxing unit as if it | 70479 |
| had been levied and collected as taxes, and the local taxing unit | 70480 |
| shall apportion the amounts so received among its funds in the | 70481 |
| same proportions as if those amounts had been levied and collected | 70482 |
| as taxes. | 70483 |
| (E)(1) On the thirty-first day of July of 2002, 2003, 2004, | 70484 |
| 2005, and 2006, and on the thirty-first day of January and July of | 70485 |
| 2007 through January 2011, if the amount credited to the local | 70486 |
| government property tax replacement fund exceeds the amount needed | 70487 |
| to be distributed from the fund under division (A) of this section | 70488 |
| in the following month, the tax commissioner shall distribute the | 70489 |
| excess to each county as follows: | 70490 |
| (a) One-half shall be distributed to each county in | 70491 |
| proportion to each county's population. | 70492 |
| (b) One-half shall be distributed to each county in the | 70493 |
| proportion that the amounts determined under divisions (G) and (H) | 70494 |
| of section 5727.84 of the Revised Code for all local taxing units | 70495 |
| in the county is of the total amounts so determined for all local | 70496 |
| taxing units in the state. | 70497 |
| (2) The amounts distributed to each county under division (E) | 70498 |
| of this section shall be distributed by the county auditor to each | 70499 |
| local taxing unit in the county in the proportion that the unit's | 70500 |
| current taxes charged and payable are of the total current taxes | 70501 |
| charged and payable of all the local taxing units in the county. | 70502 |
| If the amount that the county auditor determines to be distributed | 70503 |
| to a local taxing unit is less than five dollars, that amount | 70504 |
| shall not be distributed, and the amount not distributed shall | 70505 |
| remain credited to the county undivided income tax fund. At the | 70506 |
| time of the next distribution under division (E)(2) of this | 70507 |
| section, any amount that had not been distributed in the prior | 70508 |
| distribution shall be added to the amount available for the next | 70509 |
| distribution prior to calculation of the amount to be distributed. | 70510 |
| As used in this division, "current taxes charged and payable" | 70511 |
| means the taxes charged and payable as most recently determined | 70512 |
| for local taxing units in the county. | 70513 |
| After January 2011, any amount that exceeds the amount needed | 70514 |
| to be distributed from the fund under division (A) of this section | 70515 |
| in the following month shall be transferred to the general revenue | 70516 |
| fund. | 70517 |
| (F) If the total amount in the local government property tax | 70518 |
| replacement fund is insufficient to make all payments under | 70519 |
| division (C) of this section at the times the payments are to be | 70520 |
| made, the director of budget and management shall transfer from | 70521 |
| the general revenue fund to the local government property tax | 70522 |
| replacement fund the difference between the total amount to be | 70523 |
| paid and the amount in the local government property tax | 70524 |
| replacement fund, except that no transfer shall be made by reason | 70525 |
| of a deficiency to the extent that it results from the amendment | 70526 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 70527 |
| Bill 95 of the 125th general assembly. | 70528 |
| (G) If all or a part of the territories of two or more local | 70529 |
| taxing units are merged, or unincorporated territory of a township | 70530 |
| is annexed by a municipal corporation, the tax commissioner shall | 70531 |
| adjust the payments made under this section to each of the local | 70532 |
| taxing units in proportion to the square mileage apportioned to | 70533 |
| the merged or annexed territory, or as otherwise provided by a | 70534 |
| written agreement between the legislative authorities of the local | 70535 |
| taxing units certified to the tax commissioner not later than the | 70536 |
| first day of June of the calendar year in which the payment is to | 70537 |
| be made. | 70538 |
| Sec. 5731.39. | 70539 |
| written permission of the tax commissioner is not required for | 70540 |
| asset transfers with respect to, decedents dying on or after | 70541 |
| January 1, 2013. | 70542 |
| (A) No corporation organized or existing under the laws of | 70543 |
| this state shall transfer on its books or issue a new certificate | 70544 |
| for any share of its capital stock registered in the name of a | 70545 |
| decedent, or in trust for a decedent, or in the name of a decedent | 70546 |
| and another person or persons, without the written consent of the | 70547 |
| tax commissioner. | 70548 |
| (B) No safe deposit company, trust company, financial | 70549 |
| institution as defined in division (A) of section 5725.01 of the | 70550 |
| Revised Code or other corporation or person, having in possession, | 70551 |
| control, or custody a deposit standing in the name of a decedent, | 70552 |
| or in trust for a decedent, or in the name of a decedent and | 70553 |
| another person or persons, shall deliver or transfer an amount in | 70554 |
| excess of three-fourths of the total value of such deposit, | 70555 |
| including accrued interest and dividends, as of the date of | 70556 |
| decedent's death, without the written consent of the tax | 70557 |
| commissioner. The written consent of the tax commissioner need not | 70558 |
| be obtained prior to the delivery or transfer of amounts having a | 70559 |
| value of three-fourths or less of said total value. | 70560 |
| (C) No life insurance company shall pay the proceeds of an | 70561 |
| annuity or matured endowment contract, or of a life insurance | 70562 |
| contract payable to the estate of a decedent, or of any other | 70563 |
| insurance contract taxable under Chapter 5731. of the Revised | 70564 |
| Code, without the written consent of the tax commissioner. Any | 70565 |
| life insurance company may pay the proceeds of any insurance | 70566 |
| contract not specified in this division (C) without the written | 70567 |
| consent of the tax commissioner. | 70568 |
| (D) No trust company or other corporation or person shall pay | 70569 |
| the proceeds of any death benefit, retirement, pension or profit | 70570 |
| sharing plan in excess of two thousand dollars, without the | 70571 |
| written consent of the tax commissioner. Such trust company or | 70572 |
| other corporation or person, however, may pay the proceeds of any | 70573 |
| death benefit, retirement, pension, or profit-sharing plan which | 70574 |
| consists of insurance on the life of the decedent payable to a | 70575 |
| beneficiary other than the estate of the insured without the | 70576 |
| written consent of the tax commissioner. | 70577 |
| (E) No safe deposit company, trust company, financial | 70578 |
| institution as defined in division (A) of section 5725.01 of the | 70579 |
| Revised Code, or other corporation or person, having in | 70580 |
| possession, control, or custody securities, assets, or other | 70581 |
| property (including the shares of the capital stock of, or other | 70582 |
| interest in, such safe deposit company, trust company, financial | 70583 |
| institution as defined in division (A) of section 5725.01 of the | 70584 |
| Revised Code, or other corporation), standing in the name of a | 70585 |
| decedent, or in trust for a decedent, or in the name of a decedent | 70586 |
| and another person or persons, and the transfer of which is | 70587 |
| taxable under Chapter 5731. of the Revised Code, shall deliver or | 70588 |
| transfer any such securities, assets, or other property which have | 70589 |
| a value as of the date of decedent's death in excess of | 70590 |
| three-fourths of the total value thereof, without the written | 70591 |
| consent of the tax commissioner. The written consent of the tax | 70592 |
| commissioner need not be obtained prior to the delivery or | 70593 |
| transfer of any such securities, assets, or other property having | 70594 |
| a value of three-fourths or less of said total value. | 70595 |
| (F) No safe deposit company, financial institution as | 70596 |
| defined in division (A) of section 5725.01 of the Revised Code, or | 70597 |
| other corporation or person having possession or control of a safe | 70598 |
| deposit box or similar receptacle standing in the name of a | 70599 |
| decedent or in the name of the decedent and another person or | 70600 |
| persons, or to which the decedent had a right of access, except | 70601 |
| when such safe deposit box or other receptacle stands in the name | 70602 |
| of a corporation or partnership, or in the name of the decedent as | 70603 |
| guardian or executor, shall deliver any of the contents thereof | 70604 |
| unless the safe deposit box or similar receptacle has been opened | 70605 |
| and inventoried in the presence of the tax commissioner or the | 70606 |
| commissioner's agent, and a written consent to transfer issued; | 70607 |
| provided, however, that a safe deposit company, financial | 70608 |
| institution, or other corporation or person having possession or | 70609 |
| control of a safe deposit box may deliver wills, deeds to burial | 70610 |
| lots, and insurance policies to a representative of the decedent, | 70611 |
| but that a representative of the safe deposit company, financial | 70612 |
| institution, or other corporation or person must supervise the | 70613 |
| opening of the box and make a written record of the wills, deeds, | 70614 |
| and policies removed. Such written record shall be included in the | 70615 |
| tax commissioner's inventory records. | 70616 |
| (G) Notwithstanding any provision of this section: | 70617 |
| (1) The tax commissioner may authorize any delivery or | 70618 |
| transfer or waive any of the foregoing requirements under such | 70619 |
| terms and conditions as the commissioner may prescribe; | 70620 |
| (2) | 70621 |
| 70622 | |
| the Revised Code, or a residential facility licensed under section | 70623 |
| 5119.22 of the Revised Code that provides accommodations, | 70624 |
| supervision, and personal care services for three to sixteen | 70625 |
| unrelated adults, may transfer or use the money in a personal | 70626 |
| needs allowance account in accordance with section 5111.113 of the | 70627 |
| Revised Code without the written consent of the tax commissioner, | 70628 |
| and without the account having been opened and inventoried in the | 70629 |
| presence of the commissioner or the commissioner's agent. | 70630 |
| Failure to comply with this section shall render such safe | 70631 |
| deposit company, trust company, life insurance company, financial | 70632 |
| institution as defined in division (A) of section 5725.01 of the | 70633 |
| Revised Code, or other corporation or person liable for the amount | 70634 |
| of the taxes and interest due under the provisions of Chapter | 70635 |
| 5731. of the Revised Code on the transfer of such stock, deposit, | 70636 |
| proceeds of an annuity or matured endowment contract or of a life | 70637 |
| insurance contract payable to the estate of a decedent, or other | 70638 |
| insurance contract taxable under Chapter 5731. of the Revised | 70639 |
| Code, proceeds of any death benefit, retirement, pension, or | 70640 |
| profit sharing plan in excess of two thousand dollars, or | 70641 |
| securities, assets, or other property of any resident decedent, | 70642 |
| and in addition thereto, to a penalty of not less than five | 70643 |
| hundred or more than five thousand dollars. | 70644 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 70645 |
| domestic corporations shall be the amount charged against each | 70646 |
| corporation organized for profit under the laws of this state and | 70647 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 70648 |
| the Revised Code, except as provided in sections 5733.09 and | 70649 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 70650 |
| franchise during the calendar year in which that amount is | 70651 |
| payable, and the tax provided by this chapter for foreign | 70652 |
| corporations shall be the amount charged against each corporation | 70653 |
| organized for profit and each nonprofit corporation organized or | 70654 |
| operating in the same or similar manner as nonprofit corporations | 70655 |
| organized under Chapter 1729. of the Revised Code, under the laws | 70656 |
| of any state or country other than this state, except as provided | 70657 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 70658 |
| privilege of doing business in this state, owning or using a part | 70659 |
| or all of its capital or property in this state, holding a | 70660 |
| certificate of compliance with the laws of this state authorizing | 70661 |
| it to do business in this state, or otherwise having nexus in or | 70662 |
| with this state under the Constitution of the United States, | 70663 |
| during the calendar year in which that amount is payable. | 70664 |
| (B) A corporation is subject to the tax imposed by section | 70665 |
| 5733.06 of the Revised Code for each calendar year prior to 2014 | 70666 |
| that it is so organized, doing business, owning or using a part or | 70667 |
| all of its capital or property, holding a certificate of | 70668 |
| compliance, or otherwise having nexus in or with this state under | 70669 |
| the Constitution of the United States, on the first day of January | 70670 |
| of that calendar year. No credit authorized by this chapter may be | 70671 |
| claimed for tax year 2014 or any tax year thereafter. | 70672 |
| (C) Any corporation subject to this chapter that is not | 70673 |
| subject to the federal income tax shall file its returns and | 70674 |
| compute its tax liability as required by this chapter in the same | 70675 |
| manner as if that corporation were subject to the federal income | 70676 |
| tax. | 70677 |
| (D) For purposes of this chapter, a federally chartered | 70678 |
| financial institution shall be deemed to be organized under the | 70679 |
| laws of the state within which its principal office is located. | 70680 |
| (E) For purposes of this chapter, any person, as defined in | 70681 |
| section 5701.01 of the Revised Code, shall be treated as a | 70682 |
| corporation if the person is classified for federal income tax | 70683 |
| purposes as an association taxable as a corporation, and an equity | 70684 |
| interest in the person shall be treated as capital stock of the | 70685 |
| person. | 70686 |
| (F) For the purposes of this chapter, "disregarded entity" | 70687 |
| has the same meaning as in division (D) of section 5745.01 of the | 70688 |
| Revised Code. | 70689 |
| (1) A person's interest in a disregarded entity, whether held | 70690 |
| directly or indirectly, shall be treated as the person's ownership | 70691 |
| of the assets and liabilities of the disregarded entity, and the | 70692 |
| income, including gain or loss, shall be included in the person's | 70693 |
| net income under this chapter. | 70694 |
| (2) Any sale, exchange, or other disposition of the person's | 70695 |
| interest in the disregarded entity, whether held directly or | 70696 |
| indirectly, shall be treated as a sale, exchange, or other | 70697 |
| disposition of the person's share of the disregarded entity's | 70698 |
| underlying assets or liabilities, and the gain or loss from such | 70699 |
| sale, exchange, or disposition shall be included in the person's | 70700 |
| net income under this chapter. | 70701 |
| (3) The disregarded entity's payroll, property, and sales | 70702 |
| factors shall be included in the person's factors. | 70703 |
| (G) The tax a corporation is required to pay under this | 70704 |
| chapter shall be as follows: | 70705 |
| (1)(a) For financial institutions, the greater of the minimum | 70706 |
| payment required under division (E) of section 5733.06 of the | 70707 |
| Revised Code or the difference between all taxes charged the | 70708 |
| financial institution under this chapter, without regard to | 70709 |
| division (G)(2) of this section, less any credits allowable | 70710 |
| against such tax. | 70711 |
| (b) A corporation satisfying the description in division | 70712 |
| (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 70713 |
| Code, as that section existed before its amendment by ...B... of | 70714 |
| the 129th general assembly, that is not a financial institution, | 70715 |
| insurance company, or dealer in intangibles is subject to the | 70716 |
| taxes imposed under this chapter as a corporation and not subject | 70717 |
| to tax as a financial institution, and shall pay the greater of | 70718 |
| the minimum payment required under division (E) of section 5733.06 | 70719 |
| of the Revised Code or the difference between all the taxes | 70720 |
| charged under this chapter, without regard to division (G)(2) of | 70721 |
| this section, less any credits allowable against such tax. | 70722 |
| (2) For all corporations other than those persons described | 70723 |
| in division (G)(1)(a) or (b) of this section, the amount under | 70724 |
| division (G)(2)(a) of this section applicable to the tax year | 70725 |
| specified less the amount under division (G)(2)(b) of this | 70726 |
| section: | 70727 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 70728 |
| required under division (E) of section 5733.06 of the Revised Code | 70729 |
| or the difference between all taxes charged the corporation under | 70730 |
| this chapter and any credits allowable against such tax; | 70731 |
| (ii) For tax year 2006, the greater of the minimum payment | 70732 |
| required under division (E) of section 5733.06 of the Revised Code | 70733 |
| or four-fifths of the difference between all taxes charged the | 70734 |
| corporation under this chapter and any credits allowable against | 70735 |
| such tax, except the qualifying pass-through entity tax credit | 70736 |
| described in division (A)(30) and the refundable credits described | 70737 |
| in divisions (A)(31) to (35) of section 5733.98 of the Revised | 70738 |
| Code; | 70739 |
| (iii) For tax year 2007, the greater of the minimum payment | 70740 |
| required under division (E) of section 5733.06 of the Revised Code | 70741 |
| or three-fifths of the difference between all taxes charged the | 70742 |
| corporation under this chapter and any credits allowable against | 70743 |
| such tax, except the qualifying pass-through entity tax credit | 70744 |
| described in division (A)(30) and the refundable credits described | 70745 |
| in divisions (A)(31) to (35) of section 5733.98 of the Revised | 70746 |
| Code; | 70747 |
| (iv) For tax year 2008, the greater of the minimum payment | 70748 |
| required under division (E) of section 5733.06 of the Revised Code | 70749 |
| or two-fifths of the difference between all taxes charged the | 70750 |
| corporation under this chapter and any credits allowable against | 70751 |
| such tax, except the qualifying pass-through entity tax credit | 70752 |
| described in division (A)(30) and the refundable credits described | 70753 |
| in divisions (A)(31) to (35) of section 5733.98 of the Revised | 70754 |
| Code; | 70755 |
| (v) For tax year 2009, the greater of the minimum payment | 70756 |
| required under division (E) of section 5733.06 of the Revised Code | 70757 |
| or one-fifth of the difference between all taxes charged the | 70758 |
| corporation under this chapter and any credits allowable against | 70759 |
| such tax, except the qualifying pass-through entity tax credit | 70760 |
| described in division (A)(30) and the refundable credits described | 70761 |
| in divisions (A)(31), (32), (33), and (34) of section 5733.98 of | 70762 |
| the Revised Code; | 70763 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 70764 |
| (b) A corporation shall subtract from the amount calculated | 70765 |
| under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 70766 |
| any qualifying pass-through entity tax credit described in | 70767 |
| division (A)(30) and any refundable credits described in divisions | 70768 |
| (A)(31) to (35) of section 5733.98 of the Revised Code to which | 70769 |
| the corporation is entitled. Any unused qualifying pass-through | 70770 |
| entity tax credit is not refundable. | 70771 |
| (c) For the purposes of computing the amount of a credit that | 70772 |
| may be carried forward to a subsequent tax year under division | 70773 |
| (G)(2) of this section, a credit is utilized against the tax for a | 70774 |
| tax year to the extent the credit applies against the tax for that | 70775 |
| tax year, even if the difference is then multiplied by the | 70776 |
| applicable fraction under division (G)(2)(a) of this section. | 70777 |
| (3) Nothing in division (G) of this section eliminates or | 70778 |
| reduces the tax imposed by section 5733.41 of the Revised Code on | 70779 |
| a qualifying pass-through entity. | 70780 |
| Sec. 5733.02. Annually, for tax years prior to tax year | 70781 |
| 2014, between the first day of January and the thirty-first day of | 70782 |
| March or on or before the date as extended under section 5733.13 | 70783 |
| of the Revised Code, each taxpayer shall make a report in writing | 70784 |
| to the tax commissioner in such form as the tax commissioner | 70785 |
| prescribes, and shall remit to the commissioner, with the | 70786 |
| remittance made payable to the treasurer of state, the amount of | 70787 |
| the tax as shown to be due by such report less the amount paid for | 70788 |
| the year on a declaration of estimated tax report filed by the | 70789 |
| taxpayer as provided by section 5733.021 of the Revised Code. | 70790 |
| Remittance shall be made in the form prescribed by the | 70791 |
| commissioner, including electronic funds transfer if required by | 70792 |
| section 5733.022 of the Revised Code. | 70793 |
| The commissioner shall furnish corporations, on request, | 70794 |
| copies of the forms prescribed by the commissioner for the purpose | 70795 |
| of making such report. A domestic corporation shall not dissolve, | 70796 |
| and a foreign corporation shall not withdraw or retire from | 70797 |
| business in Ohio, on or after the first day of January in any year | 70798 |
| prior to 2014 without making a franchise tax report to the | 70799 |
| commissioner and paying or securing the tax charged for the year | 70800 |
| in which such dissolution or withdrawal occurs. | 70801 |
| The annual corporation report shall be signed by the | 70802 |
| president, vice-president, secretary, treasurer, general manager, | 70803 |
| superintendent, or managing agent in this state of such | 70804 |
| corporation. If a domestic corporation has not completed its | 70805 |
| organization, its annual report shall be signed by one of its | 70806 |
| incorporators. | 70807 |
| The report shall contain the facts, figures, computations, | 70808 |
| and attachments that result in the tax charged by this chapter and | 70809 |
| determined in the manner provided within the chapter. | 70810 |
| Sec. 5733.021. (A) Each taxpayer that does not in January of | 70811 |
| any year prior to 2014 file the report and make the payment | 70812 |
| required by section 5733.02 of the Revised Code shall make and | 70813 |
| file a declaration of estimated tax report for the tax year. | 70814 |
| The declaration of estimated tax report shall be filed with | 70815 |
| the tax commissioner on or before the last day of January in such | 70816 |
| form as prescribed by the tax commissioner, and shall reflect an | 70817 |
| estimate of the total amount due under this chapter for the tax | 70818 |
| year. | 70819 |
| (B) A taxpayer required to file a declaration of estimated | 70820 |
| tax report shall make remittance of such estimated tax to the tax | 70821 |
| commissioner as follows: | 70822 |
| (1) The entire estimated tax at the time of filing the | 70823 |
| declaration of estimated tax report, if such estimated tax is not | 70824 |
| in excess of the minimum tax as provided in section 5733.06 of the | 70825 |
| Revised Code; | 70826 |
| (2) If the estimated tax is in excess of the minimum tax: | 70827 |
| (a) One-third of the estimated tax at the time of filing the | 70828 |
| declaration of estimated tax report; | 70829 |
| (b) Two-thirds of the estimated tax on or before the last day | 70830 |
| of March of the tax year, if the report required by section | 70831 |
| 5733.02 of the Revised Code is filed on or before the last day of | 70832 |
| March of the tax year. | 70833 |
| (3) If the estimated tax is in excess of the minimum tax, and | 70834 |
| an extension of time for filing the report required by section | 70835 |
| 5733.02 of the Revised Code has been granted pursuant to section | 70836 |
| 5733.13 of the Revised Code: | 70837 |
| (a) One-third of the estimated tax at the time of filing the | 70838 |
| declaration of estimated tax report; | 70839 |
| (b) One-third of the estimated tax on or before the last day | 70840 |
| of March of the tax year; | 70841 |
| (c) One-third of the estimated tax on or before the last day | 70842 |
| of May of the tax year. | 70843 |
| Remittance of the estimated tax shall be made payable to the | 70844 |
| treasurer of state and shall be made in the form prescribed by the | 70845 |
| tax commissioner, including electronic funds transfer if required | 70846 |
| by section 5733.022 of the Revised Code. | 70847 |
| The tax commissioner shall immediately forward to the | 70848 |
| treasurer of state all amounts received under this section, and | 70849 |
| the treasurer of state shall credit all payments of such estimated | 70850 |
| tax as provided in section 5733.12 of the Revised Code. | 70851 |
| (C)(1)(a) For any period of delinquency ending prior to the | 70852 |
| first day of June of the tax year, the penalty under division | 70853 |
| (A)(2) of section 5733.28 of the Revised Code may be imposed only | 70854 |
| on the delinquent portion of the estimated tax required to be paid | 70855 |
| under divisions (B)(2)(a) and (b) and (B)(3)(a) and (b) of this | 70856 |
| section. | 70857 |
| (b) If the taxpayer was not subject to tax for the | 70858 |
| immediately preceding tax year, "estimated tax" for purposes of | 70859 |
| division (C)(1) of this section is ninety per cent of the | 70860 |
| qualifying net tax for the tax year. If the taxpayer was subject | 70861 |
| to the tax for the immediately preceding tax year, "estimated tax" | 70862 |
| for purposes of division (C)(1) of this section is the lesser of | 70863 |
| one hundred per cent of the qualifying net tax for the immediately | 70864 |
| preceding tax year or ninety per cent of the qualifying net tax | 70865 |
| for the tax year. | 70866 |
| (2)(a) For any period of delinquency commencing the first day | 70867 |
| of June of the tax year and concluding on the extended due date | 70868 |
| pursuant to section 5733.13 of the Revised Code, the penalty under | 70869 |
| division (A)(2) of section 5733.28 of the Revised Code may be | 70870 |
| imposed only on the delinquent portion of the estimated tax | 70871 |
| required to be paid under division (B)(3)(c) of this section. | 70872 |
| (b) For purposes of division (C)(2) of this section, | 70873 |
| "estimated tax" is ninety per cent of the qualifying net tax for | 70874 |
| the tax year. | 70875 |
| (3) If the taxpayer did not file a report under section | 70876 |
| 5733.02 of the Revised Code for the tax year or failed to prepare | 70877 |
| and file the report in good faith for the tax year, "qualifying | 70878 |
| net tax" as used in division (C) of this section for that tax year | 70879 |
| means the amount described in division (C)(3)(a) of this section. | 70880 |
| Otherwise, "qualifying net tax" as used in division (C) of this | 70881 |
| section for that tax year means the lesser of the amount described | 70882 |
| in division (C)(3)(a) or (b) of this section: | 70883 |
| (a) The tax imposed by sections 5733.06, 5733.065, and | 70884 |
| 5733.066 of the Revised Code for that tax year reduced by the | 70885 |
| credits listed in section 5733.98 of the Revised Code. If the | 70886 |
| credits exceed the total tax, the qualifying net tax is the | 70887 |
| minimum tax. | 70888 |
| (b) The lesser of the tax shown on the report, prepared and | 70889 |
| filed in good faith, reduced by the credits shown on that report, | 70890 |
| or the tax shown on an amended report, prepared and filed in good | 70891 |
| faith, reduced by the credits shown on that amended report. If the | 70892 |
| credits shown exceed the total tax shown, the qualifying net tax | 70893 |
| is the minimum tax. | 70894 |
| Sec. 5733.06. | 70895 |
| tax hereby charged each corporation subject to this chapter shall | 70896 |
| be the greater of the sum of divisions (A) and (B) of this | 70897 |
| section, after the reduction, if any, provided by division (J) of | 70898 |
| this section, or division (C) of this section, after the | 70899 |
| reduction, if any, provided by division (J) of this section, | 70900 |
| except that the tax hereby charged each financial institution | 70901 |
| subject to this chapter shall be the amount computed under | 70902 |
| division (D) of this section: | 70903 |
| (A) Except as set forth in division (F) of this section, five | 70904 |
| and one-tenth per cent upon the first fifty thousand dollars of | 70905 |
| the value of the taxpayer's issued and outstanding shares of stock | 70906 |
| as determined under division (B) of section 5733.05 of the Revised | 70907 |
| Code; | 70908 |
| (B) Except as set forth in division (F) of this section, | 70909 |
| eight and one-half per cent upon the value so determined in excess | 70910 |
| of fifty thousand dollars; or | 70911 |
| (C)(1) Except as otherwise provided under division (G) of | 70912 |
| this section, four mills times that portion of the value of the | 70913 |
| issued and outstanding shares of stock as determined under | 70914 |
| division (C) of section 5733.05 of the Revised Code. For the | 70915 |
| purposes of division (C) of this section, division (C)(2) of | 70916 |
| section 5733.065, and division (C) of section 5733.066 of the | 70917 |
| Revised Code, the value of the issued and outstanding shares of | 70918 |
| stock of an eligible corporation for tax year 2003 through tax | 70919 |
|
year 2007, or of a
| 70920 |
| (2) As used in division (C) of this section, "eligible | 70921 |
| corporation" means a person treated as a corporation for federal | 70922 |
| income tax purposes that meets all of the following criteria: | 70923 |
| (a) The corporation conducts business for an entire taxable | 70924 |
| year as a qualified trade or business as defined by division (C) | 70925 |
| of section 122.15 of the Revised Code. | 70926 |
| (b) The corporation uses more than fifty per cent of the | 70927 |
| corporation's assets, based on net book value, that are located in | 70928 |
| Ohio solely to conduct activities that constitute a qualified | 70929 |
| trade or business as defined by section 122.15 of the Revised | 70930 |
| Code. | 70931 |
| (c) The corporation has been formed or organized not more | 70932 |
| than three years before the report required to be filed by section | 70933 |
| 5733.02 of the Revised Code is due, without regard to any | 70934 |
| extensions. | 70935 |
| (d) The corporation is not a related member, as defined in | 70936 |
| section 5733.042 of the Revised Code, at any time during the | 70937 |
| taxable year with respect to another person treated as a | 70938 |
| corporation for federal income tax purposes. A corporation is not | 70939 |
| a related member if during the entire taxable year at least | 70940 |
| seventy-five per cent of the corporation's stock is owned directly | 70941 |
| or through a pass-through entity by individuals, estates, and | 70942 |
| grantor trusts, and the individuals, estates, and grantor trusts | 70943 |
| do not directly or indirectly own more than twenty per cent of the | 70944 |
| value of another person treated as a corporation for federal | 70945 |
| income tax purposes that is conducting a qualified trade or | 70946 |
| business. | 70947 |
| (D) The tax charged each financial institution subject to | 70948 |
| this chapter shall be that portion of the value of the issued and | 70949 |
| outstanding shares of stock as determined under division (A) of | 70950 |
| section 5733.05 of the Revised Code, multiplied by the following | 70951 |
| amounts: | 70952 |
| (1) For tax years prior to the 1999 tax year, fifteen mills; | 70953 |
| (2) For the 1999 tax year, fourteen mills; | 70954 |
| (3) For tax year 2000 and thereafter, thirteen mills. | 70955 |
| (E) No tax shall be charged from any corporation that has | 70956 |
| been adjudicated bankrupt, or for which a receiver has been | 70957 |
| appointed, or that has made a general assignment for the benefit | 70958 |
| of creditors, except for the portion of the then current tax year | 70959 |
| during which the tax commissioner finds such corporation had the | 70960 |
| power to exercise its corporate franchise unimpaired by such | 70961 |
| proceedings or act. The minimum payment for each corporation shall | 70962 |
| be as follows: | 70963 |
| (1) One thousand dollars in the case of a corporation having | 70964 |
| gross receipts for the taxable year equal to at least five million | 70965 |
| dollars from activities within or outside this state or in the | 70966 |
| case of a corporation employing at least three hundred employees | 70967 |
| at some time during the taxable year within or outside this state; | 70968 |
| (2) Fifty dollars in the case of any other corporation. | 70969 |
| The tax charged to corporations under this chapter for the | 70970 |
| privilege of engaging in business in this state, which is an | 70971 |
| excise tax levied on the value of the issued and outstanding | 70972 |
| shares of stock, shall in no manner be construed as prohibiting or | 70973 |
| otherwise limiting the powers of municipal corporations, joint | 70974 |
| economic development zones created under section 715.691 of the | 70975 |
| Revised Code, and joint economic development districts created | 70976 |
| under section 715.70 or 715.71 or sections 715.72 to 715.81 of the | 70977 |
| Revised Code in this state to impose an income tax on the income | 70978 |
| of such corporations. | 70979 |
| (F) If two or more taxpayers satisfy the ownership or control | 70980 |
| requirements of division (A) of section 5733.052 of the Revised | 70981 |
| Code, each such taxpayer shall substitute "the taxpayer's pro-rata | 70982 |
| amount" for "fifty thousand dollars" in divisions (A) and (B) of | 70983 |
| this section. For purposes of this division, "the taxpayer's | 70984 |
| pro-rata amount" is an amount that, when added to the other such | 70985 |
| taxpayers' pro-rata amounts, does not exceed fifty thousand | 70986 |
| dollars. For the purpose of making that computation, the | 70987 |
| taxpayer's pro-rata amount shall not be less than zero. Nothing in | 70988 |
| this division derogates from or eliminates the requirement to make | 70989 |
| the alternative computation of tax under division (C) of this | 70990 |
| section. | 70991 |
| (G) The tax liability of any corporation under division (C) | 70992 |
| of this section shall not exceed one hundred fifty thousand | 70993 |
| dollars. | 70994 |
| (H)(1) For the purposes of division (H) of this section, | 70995 |
| "exiting corporation" means a corporation that satisfies all of | 70996 |
| the following conditions: | 70997 |
| (a) The corporation had nexus with or in this state under the | 70998 |
| Constitution of the United States during any portion of a calendar | 70999 |
| year; | 71000 |
| (b) The corporation was not a corporation described in | 71001 |
| division (A) of section 5733.01 of the Revised Code on the first | 71002 |
| day of January immediately following that calendar year; | 71003 |
| (c) The corporation was not a financial institution on the | 71004 |
| first day of January immediately following that calendar year; | 71005 |
| (d) If the corporation was a transferor as defined in section | 71006 |
| 5733.053 of the Revised Code, the corporation's transferee was not | 71007 |
| required to add to the transferee's net income the income of the | 71008 |
| transferor pursuant to division (B) of that section; | 71009 |
| (e) During any portion of that calendar year, or any portion | 71010 |
| of the immediately preceding calendar year, the corporation had | 71011 |
| net income that was not included in a report filed by the | 71012 |
| corporation or its transferee pursuant to section 5733.02, | 71013 |
| 5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code; | 71014 |
| (f) The corporation would have been subject to the tax | 71015 |
| computed under divisions (A), (B), (C), (F), and (G) of this | 71016 |
| section if the corporation is assumed to be a corporation | 71017 |
| described in division (A) of section 5733.01 of the Revised Code | 71018 |
| on the first day of January immediately following the calendar | 71019 |
| year to which division (H)(1)(a) of this section refers. | 71020 |
| (2) For the purposes of division (H) of this section, | 71021 |
| "unreported net income" means net income that was not previously | 71022 |
| included in a report filed pursuant to section 5733.02, 5733.021, | 71023 |
| 5733.03, 5733.031, or 5733.053 of the Revised Code and that was | 71024 |
| realized or recognized during the calendar year to which division | 71025 |
| (H)(1) of this section refers or the immediately preceding | 71026 |
| calendar year. | 71027 |
| (3) Each exiting corporation shall pay a tax computed by | 71028 |
| first allocating and apportioning the unreported net income | 71029 |
| pursuant to division (B) of section 5733.05 and section 5733.051 | 71030 |
| and, if applicable, section 5733.052 of the Revised Code. The | 71031 |
| exiting corporation then shall compute the tax due on its | 71032 |
| unreported net income allocated and apportioned to this state by | 71033 |
| applying divisions (A), (B), and (F) of this section to that | 71034 |
| income. | 71035 |
| (4) Divisions (C) and (G) of this section, division (D)(2) of | 71036 |
| section 5733.065, and division (C) of section 5733.066 of the | 71037 |
| Revised Code do not apply to an exiting corporation, but exiting | 71038 |
| corporations are subject to every other provision of this chapter. | 71039 |
| (5) Notwithstanding division (B) of section 5733.01 or | 71040 |
| sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the | 71041 |
| contrary, each exiting corporation shall report and pay the tax | 71042 |
| due under division (H) of this section on or before the | 71043 |
| thirty-first day of May immediately following the calendar year to | 71044 |
| which division (H)(1)(a) of this section refers. The exiting | 71045 |
| corporation shall file that report on the form most recently | 71046 |
| prescribed by the tax commissioner for the purposes of complying | 71047 |
| with sections 5733.02 and 5733.03 of the Revised Code. Upon | 71048 |
| request by the corporation, the tax commissioner may extend the | 71049 |
| date for filing the report. | 71050 |
| (6) If, on account of the application of section 5733.053 of | 71051 |
| the Revised Code, net income is subject to the tax imposed by | 71052 |
| divisions (A) and (B) of this section, such income shall not be | 71053 |
| subject to the tax imposed by division (H)(3) of this section. | 71054 |
| (7) The amendments made to division (H) of this section by | 71055 |
| Am. Sub. S.B. 287 of the 123rd general assembly do not apply to | 71056 |
| any transfer, as defined in section 5733.053 of the Revised Code, | 71057 |
| for which negotiations began prior to January 1, 2001, and that | 71058 |
| was commenced in and completed during calendar year 2001, unless | 71059 |
| the taxpayer makes an election prior to December 31, 2001, to | 71060 |
| apply those amendments. | 71061 |
| (8) The tax commissioner may adopt rules governing division | 71062 |
| (H) of this section. | 71063 |
| (I) Any reference in the Revised Code to "the tax imposed by | 71064 |
| section 5733.06 of the Revised Code" or "the tax due under section | 71065 |
| 5733.06 of the Revised Code" includes the taxes imposed under | 71066 |
| sections 5733.065 and 5733.066 of the Revised Code. | 71067 |
| (J)(1) Division (J) of this section applies solely to a | 71068 |
| combined company. Section 5733.057 of the Revised Code shall apply | 71069 |
| when calculating the adjustments required by division (J) of this | 71070 |
| section. | 71071 |
| (2) Subject to division (J)(4) of this section, the total tax | 71072 |
| calculated in divisions (A) and (B) of this section shall be | 71073 |
| reduced by an amount calculated by multiplying such tax by a | 71074 |
| fraction, the numerator of which is the total taxable gross | 71075 |
| receipts attributed to providing public utility activity other | 71076 |
| than as an electric company under section 5727.03 of the Revised | 71077 |
| Code for the year upon which the taxable gross receipts are | 71078 |
| measured immediately preceding the tax year, and the denominator | 71079 |
| of which is the total gross receipts from all sources for the year | 71080 |
| upon which the taxable gross receipts are measured immediately | 71081 |
| preceding the tax year. Nothing herein shall be construed to | 71082 |
| exclude from the denominator any item of income described in | 71083 |
| section 5733.051 of the Revised Code. | 71084 |
| (3) Subject to division (J)(4) of this section, the total tax | 71085 |
| calculated in division (C) of this section shall be reduced by an | 71086 |
| amount calculated by multiplying such tax by the fraction | 71087 |
| described in division (J)(2) of this section. | 71088 |
| (4) In no event shall the reduction provided by division | 71089 |
| (J)(2) or (J)(3) of this section exceed the amount of the excise | 71090 |
| tax paid in accordance with section 5727.38 of the Revised Code, | 71091 |
| for the year upon which the taxable gross receipts are measured | 71092 |
| immediately preceding the tax year. | 71093 |
| Sec. 5733.064. There is hereby allowed a credit against the | 71094 |
| tax imposed under sections 5733.06, 5733.065, and 5733.066 of the | 71095 |
| Revised Code. The credit shall equal the lesser of fifty per cent | 71096 |
| of any cash donations made during the taxable year by the taxpayer | 71097 |
| to an Ohio corporation organized prior to January 1, 1987, whose | 71098 |
| sole purpose is to promote and encourage recycling and that has | 71099 |
| been determined by the internal revenue service to be a nonprofit | 71100 |
| corporation regardless of whether the nonprofit corporation | 71101 |
|
received a grant under section | 71102 |
| Code, or to municipal corporations, counties, townships, park | 71103 |
| districts, and boards of education that received grants pursuant | 71104 |
| to that section, or one-half of the amount of the taxpayer's | 71105 |
| additional tax liability for the tax year resulting from the | 71106 |
| additional rates imposed by sections 5733.065 and 5733.066 of the | 71107 |
|
Revised Code to provide funding for | 71108 |
|
litter prevention under Chapter | 71109 |
| The taxpayer shall claim the nonrefundable credit in the order | 71110 |
| required under section 5733.98 of the Revised Code. | 71111 |
| The tax commissioner may require the taxpayer to furnish such | 71112 |
| information as is necessary to support a claim for a credit under | 71113 |
| this section, and no credit shall be allowed unless the | 71114 |
| information is provided. | 71115 |
| Sec. 5733.26. (A) Except as provided in section 5733.261 of | 71116 |
| the Revised Code, if the tax imposed by sections 5733.06, | 71117 |
| 5733.065, and 5733.066 of the Revised Code for the tax year, | 71118 |
| reduced by the credits listed in section 5733.98 of the Revised | 71119 |
| Code, is not paid on or before the date prescribed for its | 71120 |
| payment, interest shall be assessed, collected, and paid, in the | 71121 |
| same manner as the tax, upon such unpaid amount at the rate per | 71122 |
| annum prescribed by section 5703.47 of the Revised Code from the | 71123 |
| date prescribed for its payment until it is paid or until the day | 71124 |
| an assessment is issued under section 5733.11 of the Revised Code, | 71125 |
| whichever occurs first. For estimated tax payments due under | 71126 |
| division (B) of section 5733.021 of the Revised Code, the interest | 71127 |
| due on the delinquent portion of the estimated tax required to be | 71128 |
| paid under that section shall be based on the tax owed for the tax | 71129 |
| year without regard to division (C) of section 5733.021 of the | 71130 |
| Revised Code. | 71131 |
| (B) | 71132 |
| section, interest shall be allowed and paid at the rate per annum | 71133 |
| prescribed by section 5703.47 of the Revised Code upon amounts | 71134 |
| refunded with respect to the tax imposed by sections 5733.06, | 71135 |
| 5733.065, and 5733.066 of the Revised Code. The interest shall run | 71136 |
| from whichever of the following dates is the latest until the date | 71137 |
| the refund is paid: the date of the illegal, erroneous, or | 71138 |
| excessive payment; the ninetieth day after the final date the | 71139 |
| annual report under section 5733.02 of the Revised Code was | 71140 |
| required to be filed; or the ninetieth day after the date that | 71141 |
| report was filed. | 71142 |
| If the overpayment results from the carryback of a net | 71143 |
| capital loss to a previous taxable year, the overpayment is deemed | 71144 |
| not to have been made prior to the filing date, including any | 71145 |
| extension thereof, for the taxable year in which the net capital | 71146 |
| loss arises. | 71147 |
| (C) If a taxpayer claims a refundable credit against the tax | 71148 |
| imposed under section 5733.06 of the Revised Code, any payment | 71149 |
| that is refunded to the taxpayer as a result of the allowance of | 71150 |
| the credit shall not be considered an illegal, erroneous, or | 71151 |
| excessive payment for purposes of division (B) of this section. No | 71152 |
| interest shall be allowed on an amount refunded to a taxpayer to | 71153 |
| the extent that the refund results from the allowance of a | 71154 |
| refundable credit. | 71155 |
| Sec. 5735.02. (A) A motor fuel dealer shall not receive, use, | 71156 |
| sell, or distribute any motor fuel or engage in business within | 71157 |
| this state unless the motor fuel dealer holds an unrevoked license | 71158 |
|
issued by the tax commissioner to engage in such business. | 71159 |
| (B) To procure | 71160 |
| motor fuel dealer shall file with the commissioner an application | 71161 |
| verified under oath by the applicant and in such form as the | 71162 |
| commissioner prescribes, setting forth, in addition to such other | 71163 |
| information required by the commissioner, the following: | 71164 |
| | 71165 |
| transact business within the state; | 71166 |
| | 71167 |
| principal office or place of business within this state; | 71168 |
| | 71169 |
| addresses of the partners if such motor fuel dealer is a | 71170 |
| partnership, or the names and addresses of the principal officers | 71171 |
| if such motor fuel dealer is a corporation or an association; | 71172 |
| | 71173 |
| under the laws of another state, territory, or country, a | 71174 |
| certified copy of the certificate or license issued by the Ohio | 71175 |
| secretary of state showing that such corporation is authorized to | 71176 |
| transact business in this state; | 71177 |
| | 71178 |
| the liability and will pay the tax on any shipment of motor fuel | 71179 |
| made into the state from any other state or foreign country and | 71180 |
| sold or caused to be sold by such motor fuel dealer for delivery | 71181 |
| to a person in this state who is not the holder of an unrevoked | 71182 |
| motor fuel dealer's license. | 71183 |
| | 71184 |
| section, an application for a license shall be accompanied by a | 71185 |
| bond, of the character stipulated and in the amount provided for | 71186 |
| in section 5735.03 of the Revised Code, which shall be filed with | 71187 |
| the commissioner. | 71188 |
| (2) The tax commissioner may exempt a motor fuel dealer from | 71189 |
| the requirements set forth in division (C)(1) of this section and | 71190 |
| section 5735.03 of the Revised Code if the motor fuel dealer only | 71191 |
| sells or distributes motor fuel upon which the motor fuel taxes | 71192 |
| imposed under this chapter have been paid or are not required to | 71193 |
| be paid by the motor fuel dealer. | 71194 |
| (D) If any application for a license to transact business as | 71195 |
| a motor fuel dealer in the state is filed by any person who has | 71196 |
| had any license previously canceled for cause by the tax | 71197 |
| commissioner; if the commissioner believes that such application | 71198 |
| is not filed in good faith or that such application is filed as a | 71199 |
| subterfuge by some person for the real person in interest who has | 71200 |
| previously had any license canceled for cause by the tax | 71201 |
| commissioner; or if the person has violated any provision of this | 71202 |
| chapter, then the tax commissioner, after a hearing, of which the | 71203 |
| applicant shall be given five days' notice in writing and at which | 71204 |
| said applicant shall have the right to appear in person or by | 71205 |
| counsel and present testimony, may refuse to issue to such person | 71206 |
| a license to transact business as a motor fuel dealer in the | 71207 |
| state. | 71208 |
| (E) When the application in proper form has been accepted for | 71209 |
| filing, and the bond accepted and approved, the commissioner shall | 71210 |
| issue to such motor fuel dealer a license to transact business as | 71211 |
| a motor fuel dealer in the state, subject to cancellation of such | 71212 |
| license as provided by law. | 71213 |
| (F) No person shall make a false or fraudulent statement on | 71214 |
| the application required by this section. | 71215 |
| Sec. 5735.03. | 71216 |
| section 5735.02 of the Revised Code, every motor fuel dealer shall | 71217 |
| file with the tax commissioner a surety bond of not less than five | 71218 |
| thousand dollars, but may be required by the tax commissioner to | 71219 |
| submit a surety bond equal to three months' average tax liability, | 71220 |
| on a form approved by and with a surety satisfactory to the | 71221 |
| commissioner, upon which the motor fuel dealer shall be the | 71222 |
| principal obligor and the state shall be the obligee, conditioned | 71223 |
| upon the prompt filing of true reports and the payment by the | 71224 |
| motor fuel dealer to the treasurer of state of all motor fuel | 71225 |
| excise taxes levied by the state, provided that after notice is | 71226 |
| received from the state by the surety of the delinquency of any | 71227 |
| taxes, if the surety pays the taxes within thirty days after the | 71228 |
| receipt of the notice no penalties or interest shall be charged | 71229 |
| against the surety. If the surety does not pay the taxes within | 71230 |
| thirty days, but does pay within ninety days from the date of the | 71231 |
| receipt of notice from the state by the surety, no penalty shall | 71232 |
| be assessed against the surety but the surety shall pay interest | 71233 |
| at the rate of six per cent per annum on the unpaid taxes from the | 71234 |
| date the taxes are due and payable. If the surety does not pay | 71235 |
| within ninety days then the surety shall be liable for interest | 71236 |
| and penalties, and the tax commissioner may cancel all bonds | 71237 |
| issued by the surety. | 71238 |
| The commissioner may increase or reduce the amount of the | 71239 |
| bond required to be filed by any licensed motor fuel dealer. If | 71240 |
| the commissioner finds that it is necessary to increase the bond | 71241 |
| to assure payment of the tax, the bond may be increased to an | 71242 |
| amount equal to three months/average liability or fifty thousand | 71243 |
| dollars, whichever is greater. | 71244 |
| If liability upon the bond thus filed by the motor fuel | 71245 |
| dealer with the commissioner is discharged or reduced, whether by | 71246 |
| judgment rendered, payment made, or otherwise, or if, in the | 71247 |
| opinion of the commissioner any surety on the bond theretofore | 71248 |
| given has become unsatisfactory or unacceptable, the commissioner | 71249 |
| may require the motor fuel dealer to file a new bond with | 71250 |
| satisfactory sureties in the same amount, and if a new bond is not | 71251 |
| filed the commissioner shall forthwith cancel the license of the | 71252 |
| motor fuel dealer. If a new bond is furnished by the motor fuel | 71253 |
| dealer, the commissioner shall cancel and surrender the bond of | 71254 |
| the motor fuel dealer for which the new bond is substituted. | 71255 |
| A surety on a bond furnished by a motor fuel dealer shall be | 71256 |
| released from all liability to the state accruing on the bond | 71257 |
| after the expiration of sixty days from the date upon which the | 71258 |
| surety lodges with the commissioner a written request to be | 71259 |
| released. The request shall not operate to release the surety from | 71260 |
| any liability already accrued, or which accrues before the | 71261 |
| expiration of the sixty-day period. The commissioner shall | 71262 |
| promptly on receipt of notice of the request notify the motor fuel | 71263 |
| dealer who furnished the bond and, unless the motor fuel dealer on | 71264 |
| or before the expiration of the sixty-day period files with the | 71265 |
| commissioner a new bond with a surety satisfactory to the | 71266 |
| commissioner in the amount and form provided in this section, the | 71267 |
| commissioner shall forthwith cancel the license of the motor fuel | 71268 |
| dealer. If the new bond is furnished by said motor fuel dealer, | 71269 |
| the commissioner shall cancel and surrender the bond of the motor | 71270 |
| fuel dealer for which the new bond is substituted. | 71271 |
| The commissioner, in lieu of any surety bond required by this | 71272 |
| section, may accept a deposit by a motor fuel dealer of cash. Any | 71273 |
| cash thus accepted shall be deposited with the treasurer of state | 71274 |
| to be held by the treasurer of state, in the same manner as other | 71275 |
| cash required to be deposited with the treasurer of state under | 71276 |
| the laws of the state, for the account of such motor fuel dealer | 71277 |
| and subject to any lawful claim of the state for any excise tax | 71278 |
| upon motor fuel, and penalties and interest thereon levied by the | 71279 |
| laws of this state. The state shall have a lien upon cash thus | 71280 |
| deposited for the amount of any motor fuel excise taxes and | 71281 |
| penalty and interest due to the state from the motor fuel dealer | 71282 |
| in whose behalf they were deposited. The amount of cash to be thus | 71283 |
| accepted shall in all respects be determined in the same manner as | 71284 |
| provided in this section for the amount of surety bonds. Any cash | 71285 |
| deposited shall be subject to levy upon execution to satisfy any | 71286 |
| judgment secured in any action by the state to recover any motor | 71287 |
| fuel excise taxes, and penalties and interest found to be due to | 71288 |
| the state from such motor fuel dealer. The cash shall be released | 71289 |
| by the treasurer of state upon certificate of the commissioner | 71290 |
| that the license of the motor fuel dealer in whose behalf they | 71291 |
| have been deposited has been canceled or that other security has | 71292 |
| been accepted in lieu thereof, and that the state asserts no claim | 71293 |
| thereto. | 71294 |
| Sec. 5735.35. (A)(1) If any | 71295 |
| person, regardless of organizational form, required to file | 71296 |
| reports and to remit taxes imposed under this chapter fails for | 71297 |
| any reason to file such reports or pay such taxes, any employees | 71298 |
|
of the
| 71299 |
| supervision of, or charged with the responsibility of, filing | 71300 |
| reports and making payments, or any officers or trustees of the | 71301 |
| 71302 | |
|
of the
| 71303 |
|
responsibilities, are personally liable for the | 71304 |
| 71305 |
| (2) The dissolution, termination, or bankruptcy of a | 71306 |
| 71307 | |
| responsible officer's, shareholder's, member's, manager's, | 71308 |
| employee's, or trustee's liability for failure of the person to | 71309 |
| file reports or remit taxes. The sum due for the liability may be | 71310 |
| collected by assessment in the manner provided in sections 5735.12 | 71311 |
| and 5735.121 of the Revised Code. | 71312 |
| (B) If more than one | 71313 |
|
under this section for the unpaid tax of a | 71314 |
| 71315 | |
| joint and several. | 71316 |
| Sec. 5739.01. As used in this chapter: | 71317 |
| (A) "Person" includes individuals, receivers, assignees, | 71318 |
| trustees in bankruptcy, estates, firms, partnerships, | 71319 |
| associations, joint-stock companies, joint ventures, clubs, | 71320 |
| societies, corporations, the state and its political subdivisions, | 71321 |
| and combinations of individuals of any form. | 71322 |
| (B) "Sale" and "selling" include all of the following | 71323 |
| transactions for a consideration in any manner, whether absolutely | 71324 |
| or conditionally, whether for a price or rental, in money or by | 71325 |
| exchange, and by any means whatsoever: | 71326 |
| (1) All transactions by which title or possession, or both, | 71327 |
| of tangible personal property, is or is to be transferred, or a | 71328 |
| license to use or consume tangible personal property is or is to | 71329 |
| be granted; | 71330 |
| (2) All transactions by which lodging by a hotel is or is to | 71331 |
| be furnished to transient guests; | 71332 |
| (3) All transactions by which: | 71333 |
| (a) An item of tangible personal property is or is to be | 71334 |
| repaired, except property, the purchase of which would not be | 71335 |
| subject to the tax imposed by section 5739.02 of the Revised Code; | 71336 |
| (b) An item of tangible personal property is or is to be | 71337 |
| installed, except property, the purchase of which would not be | 71338 |
| subject to the tax imposed by section 5739.02 of the Revised Code | 71339 |
| or property that is or is to be incorporated into and will become | 71340 |
| a part of a production, transmission, transportation, or | 71341 |
| distribution system for the delivery of a public utility service; | 71342 |
| (c) The service of washing, cleaning, waxing, polishing, or | 71343 |
| painting a motor vehicle is or is to be furnished; | 71344 |
| (d) Until August 1, 2003, industrial laundry cleaning | 71345 |
| services are or are to be provided and, on and after August 1, | 71346 |
| 2003, laundry and dry cleaning services are or are to be provided; | 71347 |
| (e) Automatic data processing, computer services, or | 71348 |
| electronic information services are or are to be provided for use | 71349 |
| in business when the true object of the transaction is the receipt | 71350 |
| by the consumer of automatic data processing, computer services, | 71351 |
| or electronic information services rather than the receipt of | 71352 |
| personal or professional services to which automatic data | 71353 |
| processing, computer services, or electronic information services | 71354 |
| are incidental or supplemental. Notwithstanding any other | 71355 |
| provision of this chapter, such transactions that occur between | 71356 |
| members of an affiliated group are not sales. An "affiliated | 71357 |
| group" means two or more persons related in such a way that one | 71358 |
| person owns or controls the business operation of another member | 71359 |
| of the group. In the case of corporations with stock, one | 71360 |
| corporation owns or controls another if it owns more than fifty | 71361 |
| per cent of the other corporation's common stock with voting | 71362 |
| rights. | 71363 |
| (f) Telecommunications service, including prepaid calling | 71364 |
| service, prepaid wireless calling service, or ancillary service, | 71365 |
| is or is to be provided, but not including coin-operated telephone | 71366 |
| service; | 71367 |
| (g) Landscaping and lawn care service is or is to be | 71368 |
| provided; | 71369 |
| (h) Private investigation and security service is or is to be | 71370 |
| provided; | 71371 |
| (i) Information services or tangible personal property is | 71372 |
| provided or ordered by means of a nine hundred telephone call; | 71373 |
| (j) Building maintenance and janitorial service is or is to | 71374 |
| be provided; | 71375 |
| (k) Employment service is or is to be provided; | 71376 |
| (l) Employment placement service is or is to be provided; | 71377 |
| (m) Exterminating service is or is to be provided; | 71378 |
| (n) Physical fitness facility service is or is to be | 71379 |
| provided; | 71380 |
| (o) Recreation and sports club service is or is to be | 71381 |
| provided; | 71382 |
| (p) On and after August 1, 2003, satellite broadcasting | 71383 |
| service is or is to be provided; | 71384 |
| (q) On and after August 1, 2003, personal care service is or | 71385 |
| is to be provided to an individual. As used in this division, | 71386 |
| "personal care service" includes skin care, the application of | 71387 |
| cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 71388 |
| piercing, tanning, massage, and other similar services. "Personal | 71389 |
| care service" does not include a service provided by or on the | 71390 |
| order of a licensed physician or licensed chiropractor, or the | 71391 |
| cutting, coloring, or styling of an individual's hair. | 71392 |
| (r) On and after August 1, 2003, the transportation of | 71393 |
| persons by motor vehicle or aircraft is or is to be provided, when | 71394 |
| the transportation is entirely within this state, except for | 71395 |
| transportation provided by an ambulance service, by a transit bus, | 71396 |
| as defined in section 5735.01 of the Revised Code, and | 71397 |
| transportation provided by a citizen of the United States holding | 71398 |
| a certificate of public convenience and necessity issued under 49 | 71399 |
| U.S.C. 41102; | 71400 |
| (s) On and after August 1, 2003, motor vehicle towing service | 71401 |
| is or is to be provided. As used in this division, "motor vehicle | 71402 |
| towing service" means the towing or conveyance of a wrecked, | 71403 |
| disabled, or illegally parked motor vehicle. | 71404 |
| (t) On and after August 1, 2003, snow removal service is or | 71405 |
| is to be provided. As used in this division, "snow removal | 71406 |
| service" means the removal of snow by any mechanized means, but | 71407 |
| does not include the providing of such service by a person that | 71408 |
| has less than five thousand dollars in sales of such service | 71409 |
| during the calendar year. | 71410 |
| (u) Electronic publishing service is or is to be provided to | 71411 |
| a consumer for use in business, except that such transactions | 71412 |
| occurring between members of an affiliated group, as defined in | 71413 |
| division (B)(3)(e) of this section, are not sales. | 71414 |
| (4) All transactions by which printed, imprinted, | 71415 |
| overprinted, lithographic, multilithic, blueprinted, photostatic, | 71416 |
| or other productions or reproductions of written or graphic matter | 71417 |
| are or are to be furnished or transferred; | 71418 |
| (5) The production or fabrication of tangible personal | 71419 |
| property for a consideration for consumers who furnish either | 71420 |
| directly or indirectly the materials used in the production of | 71421 |
| fabrication work; and include the furnishing, preparing, or | 71422 |
| serving for a consideration of any tangible personal property | 71423 |
| consumed on the premises of the person furnishing, preparing, or | 71424 |
| serving such tangible personal property. Except as provided in | 71425 |
| section 5739.03 of the Revised Code, a construction contract | 71426 |
| pursuant to which tangible personal property is or is to be | 71427 |
| incorporated into a structure or improvement on and becoming a | 71428 |
| part of real property is not a sale of such tangible personal | 71429 |
| property. The construction contractor is the consumer of such | 71430 |
| tangible personal property, provided that the sale and | 71431 |
| installation of carpeting, the sale and installation of | 71432 |
| agricultural land tile, the sale and erection or installation of | 71433 |
| portable grain bins, or the provision of landscaping and lawn care | 71434 |
| service and the transfer of property as part of such service is | 71435 |
| never a construction contract. | 71436 |
| As used in division (B)(5) of this section: | 71437 |
| (a) "Agricultural land tile" means fired clay or concrete | 71438 |
| tile, or flexible or rigid perforated plastic pipe or tubing, | 71439 |
| incorporated or to be incorporated into a subsurface drainage | 71440 |
| system appurtenant to land used or to be used primarily in | 71441 |
| production by farming, agriculture, horticulture, or floriculture. | 71442 |
| The term does not include such materials when they are or are to | 71443 |
| be incorporated into a drainage system appurtenant to a building | 71444 |
| or structure even if the building or structure is used or to be | 71445 |
| used in such production. | 71446 |
| (b) "Portable grain bin" means a structure that is used or to | 71447 |
| be used by a person engaged in farming or agriculture to shelter | 71448 |
| the person's grain and that is designed to be disassembled without | 71449 |
| significant damage to its component parts. | 71450 |
| (6) All transactions in which all of the shares of stock of a | 71451 |
| closely held corporation are transferred, or an ownership interest | 71452 |
| in a pass-through entity, as defined in section 5733.04 of the | 71453 |
| Revised Code, is transferred, if the corporation or pass-through | 71454 |
| entity is not engaging in business and its entire assets consist | 71455 |
| of boats, planes, motor vehicles, or other tangible personal | 71456 |
| property operated primarily for the use and enjoyment of the | 71457 |
| shareholders or owners; | 71458 |
| (7) All transactions in which a warranty, maintenance or | 71459 |
| service contract, or similar agreement by which the vendor of the | 71460 |
| warranty, contract, or agreement agrees to repair or maintain the | 71461 |
| tangible personal property of the consumer is or is to be | 71462 |
| provided; | 71463 |
| (8) The transfer of copyrighted motion picture films used | 71464 |
| solely for advertising purposes, except that the transfer of such | 71465 |
| films for exhibition purposes is not a sale; | 71466 |
| (9) On and after August 1, 2003, all transactions by which | 71467 |
| tangible personal property is or is to be stored, except such | 71468 |
| property that the consumer of the storage holds for sale in the | 71469 |
| regular course of business; | 71470 |
| (10) All transactions in which "guaranteed auto protection" | 71471 |
| is provided whereby a person promises to pay to the consumer the | 71472 |
| difference between the amount the consumer receives from motor | 71473 |
| vehicle insurance and the amount the consumer owes to a person | 71474 |
| holding title to or a lien on the consumer's motor vehicle in the | 71475 |
| event the consumer's motor vehicle suffers a total loss under the | 71476 |
| terms of the motor vehicle insurance policy or is stolen and not | 71477 |
| recovered, if the protection and its price are included in the | 71478 |
| purchase or lease agreement; | 71479 |
| (11)(a) Except as provided in division (B)(11)(b) of this | 71480 |
| section, on and after October 1, 2009, all transactions by which | 71481 |
| health care services are paid for, reimbursed, provided, | 71482 |
| delivered, arranged for, or otherwise made available by a medicaid | 71483 |
| health insuring corporation pursuant to the corporation's contract | 71484 |
| with the state. | 71485 |
| (b) If the centers for medicare and medicaid services of the | 71486 |
| United States department of health and human services determines | 71487 |
| that the taxation of transactions described in division (B)(11)(a) | 71488 |
| of this section constitutes an impermissible health care-related | 71489 |
| tax under section 1903(w) of the "Social Security Act," 49 Stat. | 71490 |
| 620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations | 71491 |
| adopted thereunder, the director of job and family services shall | 71492 |
| notify the tax commissioner of that determination. Beginning with | 71493 |
| the first day of the month following that notification, the | 71494 |
| transactions described in division (B)(11)(a) of this section are | 71495 |
| not sales for the purposes of this chapter or Chapter 5741. of the | 71496 |
| Revised Code. The tax commissioner shall order that the collection | 71497 |
| of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026, | 71498 |
| 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code | 71499 |
| shall cease for transactions occurring on or after that date. | 71500 |
| Except as provided in this section, "sale" and "selling" do | 71501 |
| not include transfers of interest in leased property where the | 71502 |
| original lessee and the terms of the original lease agreement | 71503 |
| remain unchanged, or professional, insurance, or personal service | 71504 |
| transactions that involve the transfer of tangible personal | 71505 |
| property as an inconsequential element, for which no separate | 71506 |
| charges are made. | 71507 |
| (C) "Vendor" means the person providing the service or by | 71508 |
| whom the transfer effected or license given by a sale is or is to | 71509 |
| be made or given and, for sales described in division (B)(3)(i) of | 71510 |
| this section, the telecommunications service vendor that provides | 71511 |
| the nine hundred telephone service; if two or more persons are | 71512 |
| engaged in business at the same place of business under a single | 71513 |
| trade name in which all collections on account of sales by each | 71514 |
| are made, such persons shall constitute a single vendor. | 71515 |
| Physicians, dentists, hospitals, and veterinarians who are | 71516 |
| engaged in selling tangible personal property as received from | 71517 |
| others, such as eyeglasses, mouthwashes, dentifrices, or similar | 71518 |
| articles, are vendors. Veterinarians who are engaged in | 71519 |
| transferring to others for a consideration drugs, the dispensing | 71520 |
| of which does not require an order of a licensed veterinarian or | 71521 |
| physician under federal law, are vendors. | 71522 |
| (D)(1) "Consumer" means the person for whom the service is | 71523 |
| provided, to whom the transfer effected or license given by a sale | 71524 |
| is or is to be made or given, to whom the service described in | 71525 |
| division (B)(3)(f) or (i) of this section is charged, or to whom | 71526 |
| the admission is granted. | 71527 |
| (2) Physicians, dentists, hospitals, and blood banks operated | 71528 |
| by nonprofit institutions and persons licensed to practice | 71529 |
| veterinary medicine, surgery, and dentistry are consumers of all | 71530 |
| tangible personal property and services purchased by them in | 71531 |
| connection with the practice of medicine, dentistry, the rendition | 71532 |
| of hospital or blood bank service, or the practice of veterinary | 71533 |
| medicine, surgery, and dentistry. In addition to being consumers | 71534 |
| of drugs administered by them or by their assistants according to | 71535 |
| their direction, veterinarians also are consumers of drugs that | 71536 |
| under federal law may be dispensed only by or upon the order of a | 71537 |
| licensed veterinarian or physician, when transferred by them to | 71538 |
| others for a consideration to provide treatment to animals as | 71539 |
| directed by the veterinarian. | 71540 |
| (3) A person who performs a facility management, or similar | 71541 |
| service contract for a contractee is a consumer of all tangible | 71542 |
| personal property and services purchased for use in connection | 71543 |
| with the performance of such contract, regardless of whether title | 71544 |
| to any such property vests in the contractee. The purchase of such | 71545 |
| property and services is not subject to the exception for resale | 71546 |
| under division (E)(1) of this section. | 71547 |
| (4)(a) In the case of a person who purchases printed matter | 71548 |
| for the purpose of distributing it or having it distributed to the | 71549 |
| public or to a designated segment of the public, free of charge, | 71550 |
| that person is the consumer of that printed matter, and the | 71551 |
| purchase of that printed matter for that purpose is a sale. | 71552 |
| (b) In the case of a person who produces, rather than | 71553 |
| purchases, printed matter for the purpose of distributing it or | 71554 |
| having it distributed to the public or to a designated segment of | 71555 |
| the public, free of charge, that person is the consumer of all | 71556 |
| tangible personal property and services purchased for use or | 71557 |
| consumption in the production of that printed matter. That person | 71558 |
| is not entitled to claim exemption under division (B)(42)(f) of | 71559 |
| section 5739.02 of the Revised Code for any material incorporated | 71560 |
| into the printed matter or any equipment, supplies, or services | 71561 |
| primarily used to produce the printed matter. | 71562 |
| (c) The distribution of printed matter to the public or to a | 71563 |
| designated segment of the public, free of charge, is not a sale to | 71564 |
| the members of the public to whom the printed matter is | 71565 |
| distributed or to any persons who purchase space in the printed | 71566 |
| matter for advertising or other purposes. | 71567 |
| (5) A person who makes sales of any of the services listed in | 71568 |
| division (B)(3) of this section is the consumer of any tangible | 71569 |
| personal property used in performing the service. The purchase of | 71570 |
| that property is not subject to the resale exception under | 71571 |
| division (E)(1) of this section. | 71572 |
| (6) A person who engages in highway transportation for hire | 71573 |
| is the consumer of all packaging materials purchased by that | 71574 |
| person and used in performing the service, except for packaging | 71575 |
| materials sold by such person in a transaction separate from the | 71576 |
| service. | 71577 |
| (7) In the case of a transaction for health care services | 71578 |
| under division (B)(11) of this section, a medicaid health insuring | 71579 |
| corporation is the consumer of such services. The purchase of such | 71580 |
| services by a medicaid health insuring corporation is not subject | 71581 |
| to the exception for resale under division (E)(1) of this section | 71582 |
| or to the exemptions provided under divisions (B)(12), (18), (19), | 71583 |
| and (22) of section 5739.02 of the Revised Code. | 71584 |
| (E) "Retail sale" and "sales at retail" include all sales, | 71585 |
| except those in which the purpose of the consumer is to resell the | 71586 |
| thing transferred or benefit of the service provided, by a person | 71587 |
| engaging in business, in the form in which the same is, or is to | 71588 |
| be, received by the person. | 71589 |
| (F) "Business" includes any activity engaged in by any person | 71590 |
| with the object of gain, benefit, or advantage, either direct or | 71591 |
| indirect. "Business" does not include the activity of a person in | 71592 |
| managing and investing the person's own funds. | 71593 |
| (G) "Engaging in business" means commencing, conducting, or | 71594 |
| continuing in business, and liquidating a business when the | 71595 |
| liquidator thereof holds itself out to the public as conducting | 71596 |
| such business. Making a casual sale is not engaging in business. | 71597 |
| (H)(1)(a) "Price," except as provided in divisions (H)(2), | 71598 |
| (3), and (4) of this section, means the total amount of | 71599 |
| consideration, including cash, credit, property, and services, for | 71600 |
| which tangible personal property or services are sold, leased, or | 71601 |
| rented, valued in money, whether received in money or otherwise, | 71602 |
| without any deduction for any of the following: | 71603 |
| (i) The vendor's cost of the property sold; | 71604 |
| (ii) The cost of materials used, labor or service costs, | 71605 |
| interest, losses, all costs of transportation to the vendor, all | 71606 |
| taxes imposed on the vendor, including the tax imposed under | 71607 |
| Chapter 5751. of the Revised Code, and any other expense of the | 71608 |
| vendor; | 71609 |
| (iii) Charges by the vendor for any services necessary to | 71610 |
| complete the sale; | 71611 |
| (iv) On and after August 1, 2003, delivery charges. As used | 71612 |
| in this division, "delivery charges" means charges by the vendor | 71613 |
| for preparation and delivery to a location designated by the | 71614 |
| consumer of tangible personal property or a service, including | 71615 |
| transportation, shipping, postage, handling, crating, and packing. | 71616 |
| (v) Installation charges; | 71617 |
| (vi) Credit for any trade-in. | 71618 |
| (b) "Price" includes consideration received by the vendor | 71619 |
| from a third party, if the vendor actually receives the | 71620 |
| consideration from a party other than the consumer, and the | 71621 |
| consideration is directly related to a price reduction or discount | 71622 |
| on the sale; the vendor has an obligation to pass the price | 71623 |
| reduction or discount through to the consumer; the amount of the | 71624 |
| consideration attributable to the sale is fixed and determinable | 71625 |
| by the vendor at the time of the sale of the item to the consumer; | 71626 |
| and one of the following criteria is met: | 71627 |
| (i) The consumer presents a coupon, certificate, or other | 71628 |
| document to the vendor to claim a price reduction or discount | 71629 |
| where the coupon, certificate, or document is authorized, | 71630 |
| distributed, or granted by a third party with the understanding | 71631 |
| that the third party will reimburse any vendor to whom the coupon, | 71632 |
| certificate, or document is presented; | 71633 |
| (ii) The consumer identifies the consumer's self to the | 71634 |
| seller as a member of a group or organization entitled to a price | 71635 |
| reduction or discount. A preferred customer card that is available | 71636 |
| to any patron does not constitute membership in such a group or | 71637 |
| organization. | 71638 |
| (iii) The price reduction or discount is identified as a | 71639 |
| third party price reduction or discount on the invoice received by | 71640 |
| the consumer, or on a coupon, certificate, or other document | 71641 |
| presented by the consumer. | 71642 |
| (c) "Price" does not include any of the following: | 71643 |
| (i) Discounts, including cash, term, or coupons that are not | 71644 |
| reimbursed by a third party that are allowed by a vendor and taken | 71645 |
| by a consumer on a sale; | 71646 |
| (ii) Interest, financing, and carrying charges from credit | 71647 |
| extended on the sale of tangible personal property or services, if | 71648 |
| the amount is separately stated on the invoice, bill of sale, or | 71649 |
| similar document given to the purchaser; | 71650 |
| (iii) Any taxes legally imposed directly on the consumer that | 71651 |
| are separately stated on the invoice, bill of sale, or similar | 71652 |
| document given to the consumer. For the purpose of this division, | 71653 |
| the tax imposed under Chapter 5751. of the Revised Code is not a | 71654 |
| tax directly on the consumer, even if the tax or a portion thereof | 71655 |
| is separately stated. | 71656 |
| (iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this | 71657 |
| section, any discount allowed by an automobile manufacturer to its | 71658 |
| employee, or to the employee of a supplier, on the purchase of a | 71659 |
| new motor vehicle from a new motor vehicle dealer in this state. | 71660 |
| (v) The dollar value of a gift card that is not sold by a | 71661 |
| vendor or purchased by a consumer and that is redeemed by the | 71662 |
| consumer in purchasing tangible personal property or services if | 71663 |
| the vendor is not reimbursed and does not receive compensation | 71664 |
| from a third party to cover all or part of the gift card value. | 71665 |
| For the purposes of this division, a gift card is not sold by a | 71666 |
| vendor or purchased by a consumer if it is distributed pursuant to | 71667 |
| an awards, loyalty, or promotional program. Past and present | 71668 |
| purchases of tangible personal property or services by the | 71669 |
| consumer shall not be treated as consideration exchanged for a | 71670 |
| gift card. | 71671 |
| (2) In the case of a sale of any new motor vehicle by a new | 71672 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 71673 |
| Code, in which another motor vehicle is accepted by the dealer as | 71674 |
| part of the consideration received, "price" has the same meaning | 71675 |
| as in division (H)(1) of this section, reduced by the credit | 71676 |
| afforded the consumer by the dealer for the motor vehicle received | 71677 |
| in trade. | 71678 |
| (3) In the case of a sale of any watercraft or outboard motor | 71679 |
| by a watercraft dealer licensed in accordance with section | 71680 |
| 1547.543 of the Revised Code, in which another watercraft, | 71681 |
| watercraft and trailer, or outboard motor is accepted by the | 71682 |
| dealer as part of the consideration received, "price" has the same | 71683 |
| meaning as in division (H)(1) of this section, reduced by the | 71684 |
| credit afforded the consumer by the dealer for the watercraft, | 71685 |
| watercraft and trailer, or outboard motor received in trade. As | 71686 |
| used in this division, "watercraft" includes an outdrive unit | 71687 |
| attached to the watercraft. | 71688 |
| (4) In the case of transactions for health care services | 71689 |
| under division (B)(11) of this section, "price" means the amount | 71690 |
| of managed care premiums received each month by a medicaid health | 71691 |
| insuring corporation. | 71692 |
| (I) "Receipts" means the total amount of the prices of the | 71693 |
| sales of vendors, provided that the dollar value of gift cards | 71694 |
| distributed pursuant to an awards, loyalty, or promotional | 71695 |
| program, and cash discounts allowed and taken on sales at the time | 71696 |
| they are consummated are not included, minus any amount deducted | 71697 |
| as a bad debt pursuant to section 5739.121 of the Revised Code. | 71698 |
| "Receipts" does not include the sale price of property returned or | 71699 |
| services rejected by consumers when the full sale price and tax | 71700 |
| are refunded either in cash or by credit. | 71701 |
| (J) "Place of business" means any location at which a person | 71702 |
| engages in business. | 71703 |
| (K) "Premises" includes any real property or portion thereof | 71704 |
| upon which any person engages in selling tangible personal | 71705 |
| property at retail or making retail sales and also includes any | 71706 |
| real property or portion thereof designated for, or devoted to, | 71707 |
| use in conjunction with the business engaged in by such person. | 71708 |
| (L) "Casual sale" means a sale of an item of tangible | 71709 |
| personal property that was obtained by the person making the sale, | 71710 |
| through purchase or otherwise, for the person's own use and was | 71711 |
| previously subject to any state's taxing jurisdiction on its sale | 71712 |
| or use, and includes such items acquired for the seller's use that | 71713 |
| are sold by an auctioneer employed directly by the person for such | 71714 |
| purpose, provided the location of such sales is not the | 71715 |
| auctioneer's permanent place of business. As used in this | 71716 |
| division, "permanent place of business" includes any location | 71717 |
| where such auctioneer has conducted more than two auctions during | 71718 |
| the year. | 71719 |
| (M) "Hotel" means every establishment kept, used, maintained, | 71720 |
| advertised, or held out to the public to be a place where sleeping | 71721 |
| accommodations are offered to guests, in which five or more rooms | 71722 |
| are used for the accommodation of such guests, whether the rooms | 71723 |
| are in one or several structures, except as otherwise provided in | 71724 |
| division (G) of section 5739.09 of the Revised Code. | 71725 |
| (N) "Transient guests" means persons occupying a room or | 71726 |
| rooms for sleeping accommodations for less than thirty consecutive | 71727 |
| days. | 71728 |
| (O) "Making retail sales" means the effecting of transactions | 71729 |
| wherein one party is obligated to pay the price and the other | 71730 |
| party is obligated to provide a service or to transfer title to or | 71731 |
| possession of the item sold. "Making retail sales" does not | 71732 |
| include the preliminary acts of promoting or soliciting the retail | 71733 |
| sales, other than the distribution of printed matter which | 71734 |
| displays or describes and prices the item offered for sale, nor | 71735 |
| does it include delivery of a predetermined quantity of tangible | 71736 |
| personal property or transportation of property or personnel to or | 71737 |
|
from a place where a service is performed | 71738 |
| 71739 |
| (P) "Used directly in the rendition of a public utility | 71740 |
| service" means that property that is to be incorporated into and | 71741 |
| will become a part of the consumer's production, transmission, | 71742 |
| transportation, or distribution system and that retains its | 71743 |
| classification as tangible personal property after such | 71744 |
| incorporation; fuel or power used in the production, transmission, | 71745 |
| transportation, or distribution system; and tangible personal | 71746 |
| property used in the repair and maintenance of the production, | 71747 |
| transmission, transportation, or distribution system, including | 71748 |
| only such motor vehicles as are specially designed and equipped | 71749 |
| for such use. Tangible personal property and services used | 71750 |
| primarily in providing highway transportation for hire are not | 71751 |
| used directly in the rendition of a public utility service. In | 71752 |
| this definition, "public utility" includes a citizen of the United | 71753 |
| States holding, and required to hold, a certificate of public | 71754 |
| convenience and necessity issued under 49 U.S.C. 41102. | 71755 |
| (Q) "Refining" means removing or separating a desirable | 71756 |
| product from raw or contaminated materials by distillation or | 71757 |
| physical, mechanical, or chemical processes. | 71758 |
| (R) "Assembly" and "assembling" mean attaching or fitting | 71759 |
| together parts to form a product, but do not include packaging a | 71760 |
| product. | 71761 |
| (S) "Manufacturing operation" means a process in which | 71762 |
| materials are changed, converted, or transformed into a different | 71763 |
| state or form from which they previously existed and includes | 71764 |
| refining materials, assembling parts, and preparing raw materials | 71765 |
| and parts by mixing, measuring, blending, or otherwise committing | 71766 |
| such materials or parts to the manufacturing process. | 71767 |
| "Manufacturing operation" does not include packaging. | 71768 |
| (T) "Fiscal officer" means, with respect to a regional | 71769 |
| transit authority, the secretary-treasurer thereof, and with | 71770 |
| respect to a county that is a transit authority, the fiscal | 71771 |
| officer of the county transit board if one is appointed pursuant | 71772 |
| to section 306.03 of the Revised Code or the county auditor if the | 71773 |
| board of county commissioners operates the county transit system. | 71774 |
| (U) "Transit authority" means a regional transit authority | 71775 |
| created pursuant to section 306.31 of the Revised Code or a county | 71776 |
| in which a county transit system is created pursuant to section | 71777 |
| 306.01 of the Revised Code. For the purposes of this chapter, a | 71778 |
| transit authority must extend to at least the entire area of a | 71779 |
| single county. A transit authority that includes territory in more | 71780 |
| than one county must include all the area of the most populous | 71781 |
| county that is a part of such transit authority. County population | 71782 |
| shall be measured by the most recent census taken by the United | 71783 |
| States census bureau. | 71784 |
| (V) "Legislative authority" means, with respect to a regional | 71785 |
| transit authority, the board of trustees thereof, and with respect | 71786 |
| to a county that is a transit authority, the board of county | 71787 |
| commissioners. | 71788 |
| (W) "Territory of the transit authority" means all of the | 71789 |
| area included within the territorial boundaries of a transit | 71790 |
| authority as they from time to time exist. Such territorial | 71791 |
| boundaries must at all times include all the area of a single | 71792 |
| county or all the area of the most populous county that is a part | 71793 |
| of such transit authority. County population shall be measured by | 71794 |
| the most recent census taken by the United States census bureau. | 71795 |
| (X) "Providing a service" means providing or furnishing | 71796 |
| anything described in division (B)(3) of this section for | 71797 |
| consideration. | 71798 |
| (Y)(1)(a) "Automatic data processing" means processing of | 71799 |
| others' data, including keypunching or similar data entry services | 71800 |
| together with verification thereof, or providing access to | 71801 |
| computer equipment for the purpose of processing data. | 71802 |
| (b) "Computer services" means providing services consisting | 71803 |
| of specifying computer hardware configurations and evaluating | 71804 |
| technical processing characteristics, computer programming, and | 71805 |
| training of computer programmers and operators, provided in | 71806 |
| conjunction with and to support the sale, lease, or operation of | 71807 |
| taxable computer equipment or systems. | 71808 |
| (c) "Electronic information services" means providing access | 71809 |
| to computer equipment by means of telecommunications equipment for | 71810 |
| the purpose of either of the following: | 71811 |
| (i) Examining or acquiring data stored in or accessible to | 71812 |
| the computer equipment; | 71813 |
| (ii) Placing data into the computer equipment to be retrieved | 71814 |
| by designated recipients with access to the computer equipment. | 71815 |
| For transactions occurring on or after the effective date of | 71816 |
| the amendment of this section by H.B. 157 of the 127th general | 71817 |
| assembly, December 21, 2007, "electronic information services" | 71818 |
| does not include electronic publishing as defined in division | 71819 |
| (LLL) of this section. | 71820 |
| (d) "Automatic data processing, computer services, or | 71821 |
| electronic information services" shall not include personal or | 71822 |
| professional services. | 71823 |
| (2) As used in divisions (B)(3)(e) and (Y)(1) of this | 71824 |
| section, "personal and professional services" means all services | 71825 |
| other than automatic data processing, computer services, or | 71826 |
| electronic information services, including but not limited to: | 71827 |
| (a) Accounting and legal services such as advice on tax | 71828 |
| matters, asset management, budgetary matters, quality control, | 71829 |
| information security, and auditing and any other situation where | 71830 |
| the service provider receives data or information and studies, | 71831 |
| alters, analyzes, interprets, or adjusts such material; | 71832 |
| (b) Analyzing business policies and procedures; | 71833 |
| (c) Identifying management information needs; | 71834 |
| (d) Feasibility studies, including economic and technical | 71835 |
| analysis of existing or potential computer hardware or software | 71836 |
| needs and alternatives; | 71837 |
| (e) Designing policies, procedures, and custom software for | 71838 |
| collecting business information, and determining how data should | 71839 |
| be summarized, sequenced, formatted, processed, controlled, and | 71840 |
| reported so that it will be meaningful to management; | 71841 |
| (f) Developing policies and procedures that document how | 71842 |
| business events and transactions are to be authorized, executed, | 71843 |
| and controlled; | 71844 |
| (g) Testing of business procedures; | 71845 |
| (h) Training personnel in business procedure applications; | 71846 |
| (i) Providing credit information to users of such information | 71847 |
| by a consumer reporting agency, as defined in the "Fair Credit | 71848 |
| Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 71849 |
| as hereafter amended, including but not limited to gathering, | 71850 |
| organizing, analyzing, recording, and furnishing such information | 71851 |
| by any oral, written, graphic, or electronic medium; | 71852 |
| (j) Providing debt collection services by any oral, written, | 71853 |
| graphic, or electronic means. | 71854 |
| The services listed in divisions (Y)(2)(a) to (j) of this | 71855 |
| section are not automatic data processing or computer services. | 71856 |
| (Z) "Highway transportation for hire" means the | 71857 |
| transportation of personal property belonging to others for | 71858 |
| consideration by any of the following: | 71859 |
| (1) The holder of a permit or certificate issued by this | 71860 |
| state or the United States authorizing the holder to engage in | 71861 |
| transportation of personal property belonging to others for | 71862 |
| consideration over or on highways, roadways, streets, or any | 71863 |
| similar public thoroughfare; | 71864 |
| (2) A person who engages in the transportation of personal | 71865 |
| property belonging to others for consideration over or on | 71866 |
| highways, roadways, streets, or any similar public thoroughfare | 71867 |
| but who could not have engaged in such transportation on December | 71868 |
| 11, 1985, unless the person was the holder of a permit or | 71869 |
| certificate of the types described in division (Z)(1) of this | 71870 |
| section; | 71871 |
| (3) A person who leases a motor vehicle to and operates it | 71872 |
| for a person described by division (Z)(1) or (2) of this section. | 71873 |
| (AA)(1) "Telecommunications service" means the electronic | 71874 |
| transmission, conveyance, or routing of voice, data, audio, video, | 71875 |
| or any other information or signals to a point, or between or | 71876 |
| among points. "Telecommunications service" includes such | 71877 |
| transmission, conveyance, or routing in which computer processing | 71878 |
| applications are used to act on the form, code, or protocol of the | 71879 |
| content for purposes of transmission, conveyance, or routing | 71880 |
| without regard to whether the service is referred to as voice-over | 71881 |
| internet protocol service or is classified by the federal | 71882 |
| communications commission as enhanced or value-added. | 71883 |
| "Telecommunications service" does not include any of the | 71884 |
| following: | 71885 |
| (a) Data processing and information services that allow data | 71886 |
| to be generated, acquired, stored, processed, or retrieved and | 71887 |
| delivered by an electronic transmission to a consumer where the | 71888 |
| consumer's primary purpose for the underlying transaction is the | 71889 |
| processed data or information; | 71890 |
| (b) Installation or maintenance of wiring or equipment on a | 71891 |
| customer's premises; | 71892 |
| (c) Tangible personal property; | 71893 |
| (d) Advertising, including directory advertising; | 71894 |
| (e) Billing and collection services provided to third | 71895 |
| parties; | 71896 |
| (f) Internet access service; | 71897 |
| (g) Radio and television audio and video programming | 71898 |
| services, regardless of the medium, including the furnishing of | 71899 |
| transmission, conveyance, and routing of such services by the | 71900 |
| programming service provider. Radio and television audio and video | 71901 |
| programming services include, but are not limited to, cable | 71902 |
| service, as defined in 47 U.S.C. 522(6), and audio and video | 71903 |
| programming services delivered by commercial mobile radio service | 71904 |
| providers, as defined in 47 C.F.R. 20.3; | 71905 |
| (h) Ancillary service; | 71906 |
| (i) Digital products delivered electronically, including | 71907 |
| software, music, video, reading materials, or ring tones. | 71908 |
| (2) "Ancillary service" means a service that is associated | 71909 |
| with or incidental to the provision of telecommunications service, | 71910 |
| including conference bridging service, detailed telecommunications | 71911 |
| billing service, directory assistance, vertical service, and voice | 71912 |
| mail service. As used in this division: | 71913 |
| (a) "Conference bridging service" means an ancillary service | 71914 |
| that links two or more participants of an audio or video | 71915 |
| conference call, including providing a telephone number. | 71916 |
| "Conference bridging service" does not include telecommunications | 71917 |
| services used to reach the conference bridge. | 71918 |
| (b) "Detailed telecommunications billing service" means an | 71919 |
| ancillary service of separately stating information pertaining to | 71920 |
| individual calls on a customer's billing statement. | 71921 |
| (c) "Directory assistance" means an ancillary service of | 71922 |
| providing telephone number or address information. | 71923 |
| (d) "Vertical service" means an ancillary service that is | 71924 |
| offered in connection with one or more telecommunications | 71925 |
| services, which offers advanced calling features that allow | 71926 |
| customers to identify callers and manage multiple calls and call | 71927 |
| connections, including conference bridging service. | 71928 |
| (e) "Voice mail service" means an ancillary service that | 71929 |
| enables the customer to store, send, or receive recorded messages. | 71930 |
| "Voice mail service" does not include any vertical services that | 71931 |
| the customer may be required to have in order to utilize the voice | 71932 |
| mail service. | 71933 |
| (3) "900 service" means an inbound toll telecommunications | 71934 |
| service purchased by a subscriber that allows the subscriber's | 71935 |
| customers to call in to the subscriber's prerecorded announcement | 71936 |
| or live service, and which is typically marketed under the name | 71937 |
| "900" service and any subsequent numbers designated by the federal | 71938 |
| communications commission. "900 service" does not include the | 71939 |
| charge for collection services provided by the seller of the | 71940 |
| telecommunications service to the subscriber, or services or | 71941 |
| products sold by the subscriber to the subscriber's customer. | 71942 |
| (4) "Prepaid calling service" means the right to access | 71943 |
| exclusively telecommunications services, which must be paid for in | 71944 |
| advance and which enables the origination of calls using an access | 71945 |
| number or authorization code, whether manually or electronically | 71946 |
|
dialed, and that is sold in predetermined units | 71947 |
| which the number declines with use in a known amount. | 71948 |
| (5) "Prepaid wireless calling service" means a | 71949 |
| telecommunications service that provides the right to utilize | 71950 |
| mobile telecommunications service as well as other | 71951 |
| non-telecommunications services, including the download of digital | 71952 |
| products delivered electronically, and content and ancillary | 71953 |
| services, that must be paid for in advance and that is sold in | 71954 |
|
predetermined units | 71955 |
| with use in a known amount. | 71956 |
| (6) "Value-added non-voice data service" means a | 71957 |
| telecommunications service in which computer processing | 71958 |
| applications are used to act on the form, content, code, or | 71959 |
| protocol of the information or data primarily for a purpose other | 71960 |
| than transmission, conveyance, or routing. | 71961 |
| (7) "Coin-operated telephone service" means a | 71962 |
| telecommunications service paid for by inserting money into a | 71963 |
| telephone accepting direct deposits of money to operate. | 71964 |
| (8) "Customer" has the same meaning as in section 5739.034 of | 71965 |
| the Revised Code. | 71966 |
| (BB) "Laundry and dry cleaning services" means removing soil | 71967 |
| or dirt from towels, linens, articles of clothing, or other fabric | 71968 |
| items that belong to others and supplying towels, linens, articles | 71969 |
| of clothing, or other fabric items. "Laundry and dry cleaning | 71970 |
| services" does not include the provision of self-service | 71971 |
| facilities for use by consumers to remove soil or dirt from | 71972 |
| towels, linens, articles of clothing, or other fabric items. | 71973 |
| (CC) "Magazines distributed as controlled circulation | 71974 |
| publications" means magazines containing at least twenty-four | 71975 |
| pages, at least twenty-five per cent editorial content, issued at | 71976 |
| regular intervals four or more times a year, and circulated | 71977 |
| without charge to the recipient, provided that such magazines are | 71978 |
| not owned or controlled by individuals or business concerns which | 71979 |
| conduct such publications as an auxiliary to, and essentially for | 71980 |
| the advancement of the main business or calling of, those who own | 71981 |
| or control them. | 71982 |
| (DD) "Landscaping and lawn care service" means the services | 71983 |
| of planting, seeding, sodding, removing, cutting, trimming, | 71984 |
| pruning, mulching, aerating, applying chemicals, watering, | 71985 |
| fertilizing, and providing similar services to establish, promote, | 71986 |
| or control the growth of trees, shrubs, flowers, grass, ground | 71987 |
| cover, and other flora, or otherwise maintaining a lawn or | 71988 |
| landscape grown or maintained by the owner for ornamentation or | 71989 |
| other nonagricultural purpose. However, "landscaping and lawn care | 71990 |
| service" does not include the providing of such services by a | 71991 |
| person who has less than five thousand dollars in sales of such | 71992 |
| services during the calendar year. | 71993 |
| (EE) "Private investigation and security service" means the | 71994 |
| performance of any activity for which the provider of such service | 71995 |
| is required to be licensed pursuant to Chapter 4749. of the | 71996 |
| Revised Code, or would be required to be so licensed in performing | 71997 |
| such services in this state, and also includes the services of | 71998 |
| conducting polygraph examinations and of monitoring or overseeing | 71999 |
| the activities on or in, or the condition of, the consumer's home, | 72000 |
| business, or other facility by means of electronic or similar | 72001 |
| monitoring devices. "Private investigation and security service" | 72002 |
| does not include special duty services provided by off-duty police | 72003 |
| officers, deputy sheriffs, and other peace officers regularly | 72004 |
| employed by the state or a political subdivision. | 72005 |
| (FF) "Information services" means providing conversation, | 72006 |
| giving consultation or advice, playing or making a voice or other | 72007 |
| recording, making or keeping a record of the number of callers, | 72008 |
| and any other service provided to a consumer by means of a nine | 72009 |
| hundred telephone call, except when the nine hundred telephone | 72010 |
| call is the means by which the consumer makes a contribution to a | 72011 |
| recognized charity. | 72012 |
| (GG) "Research and development" means designing, creating, or | 72013 |
| formulating new or enhanced products, equipment, or manufacturing | 72014 |
| processes, and also means conducting scientific or technological | 72015 |
| inquiry and experimentation in the physical sciences with the goal | 72016 |
| of increasing scientific knowledge which may reveal the bases for | 72017 |
| new or enhanced products, equipment, or manufacturing processes. | 72018 |
| (HH) "Qualified research and development equipment" means | 72019 |
| capitalized tangible personal property, and leased personal | 72020 |
| property that would be capitalized if purchased, used by a person | 72021 |
| primarily to perform research and development. Tangible personal | 72022 |
| property primarily used in testing, as defined in division (A)(4) | 72023 |
| of section 5739.011 of the Revised Code, or used for recording or | 72024 |
| storing test results, is not qualified research and development | 72025 |
| equipment unless such property is primarily used by the consumer | 72026 |
| in testing the product, equipment, or manufacturing process being | 72027 |
| created, designed, or formulated by the consumer in the research | 72028 |
| and development activity or in recording or storing such test | 72029 |
| results. | 72030 |
| (II) "Building maintenance and janitorial service" means | 72031 |
| cleaning the interior or exterior of a building and any tangible | 72032 |
| personal property located therein or thereon, including any | 72033 |
| services incidental to such cleaning for which no separate charge | 72034 |
| is made. However, "building maintenance and janitorial service" | 72035 |
| does not include the providing of such service by a person who has | 72036 |
| less than five thousand dollars in sales of such service during | 72037 |
| the calendar year. | 72038 |
| (JJ) "Employment service" means providing or supplying | 72039 |
| personnel, on a temporary or long-term basis, to perform work or | 72040 |
| labor under the supervision or control of another, when the | 72041 |
| personnel so provided or supplied receive their wages, salary, or | 72042 |
| other compensation from the provider or supplier of the employment | 72043 |
| service or from a third party that provided or supplied the | 72044 |
| personnel to the provider or supplier. "Employment service" does | 72045 |
| not include: | 72046 |
| (1) Acting as a contractor or subcontractor, where the | 72047 |
| personnel performing the work are not under the direct control of | 72048 |
| the purchaser. | 72049 |
| (2) Medical and health care services. | 72050 |
| (3) Supplying personnel to a purchaser pursuant to a contract | 72051 |
| of at least one year between the service provider and the | 72052 |
| purchaser that specifies that each employee covered under the | 72053 |
| contract is assigned to the purchaser on a permanent basis. | 72054 |
| (4) Transactions between members of an affiliated group, as | 72055 |
| defined in division (B)(3)(e) of this section. | 72056 |
| (5) Transactions where the personnel so provided or supplied | 72057 |
| by a provider or supplier to a purchaser of an employment service | 72058 |
| are then provided or supplied by that purchaser to a third party | 72059 |
| as an employment service, except "employment service" does include | 72060 |
| the transaction between that purchaser and the third party. | 72061 |
| (KK) "Employment placement service" means locating or finding | 72062 |
| employment for a person or finding or locating an employee to fill | 72063 |
| an available position. | 72064 |
| (LL) "Exterminating service" means eradicating or attempting | 72065 |
| to eradicate vermin infestations from a building or structure, or | 72066 |
| the area surrounding a building or structure, and includes | 72067 |
| activities to inspect, detect, or prevent vermin infestation of a | 72068 |
| building or structure. | 72069 |
| (MM) "Physical fitness facility service" means all | 72070 |
| transactions by which a membership is granted, maintained, or | 72071 |
| renewed, including initiation fees, membership dues, renewal fees, | 72072 |
| monthly minimum fees, and other similar fees and dues, by a | 72073 |
| physical fitness facility such as an athletic club, health spa, or | 72074 |
| gymnasium, which entitles the member to use the facility for | 72075 |
| physical exercise. | 72076 |
| (NN) "Recreation and sports club service" means all | 72077 |
| transactions by which a membership is granted, maintained, or | 72078 |
| renewed, including initiation fees, membership dues, renewal fees, | 72079 |
| monthly minimum fees, and other similar fees and dues, by a | 72080 |
| recreation and sports club, which entitles the member to use the | 72081 |
| facilities of the organization. "Recreation and sports club" means | 72082 |
| an organization that has ownership of, or controls or leases on a | 72083 |
| continuing, long-term basis, the facilities used by its members | 72084 |
| and includes an aviation club, gun or shooting club, yacht club, | 72085 |
| card club, swimming club, tennis club, golf club, country club, | 72086 |
| riding club, amateur sports club, or similar organization. | 72087 |
| (OO) "Livestock" means farm animals commonly raised for food, | 72088 |
| food production, or other agricultural purposes, including, but | 72089 |
| not limited to, cattle, sheep, goats, swine, poultry, and captive | 72090 |
| deer. "Livestock" does not include invertebrates, amphibians, | 72091 |
| reptiles, domestic pets, animals for use in laboratories or for | 72092 |
| exhibition, or other animals not commonly raised for food or food | 72093 |
| production. | 72094 |
| (PP) "Livestock structure" means a building or structure used | 72095 |
| exclusively for the housing, raising, feeding, or sheltering of | 72096 |
| livestock, and includes feed storage or handling structures and | 72097 |
| structures for livestock waste handling. | 72098 |
| (QQ) "Horticulture" means the growing, cultivation, and | 72099 |
| production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 72100 |
| and nursery stock. As used in this division, "nursery stock" has | 72101 |
| the same meaning as in section 927.51 of the Revised Code. | 72102 |
| (RR) "Horticulture structure" means a building or structure | 72103 |
| used exclusively for the commercial growing, raising, or | 72104 |
| overwintering of horticultural products, and includes the area | 72105 |
| used for stocking, storing, and packing horticultural products | 72106 |
| when done in conjunction with the production of those products. | 72107 |
| (SS) "Newspaper" means an unbound publication bearing a title | 72108 |
| or name that is regularly published, at least as frequently as | 72109 |
| biweekly, and distributed from a fixed place of business to the | 72110 |
| public in a specific geographic area, and that contains a | 72111 |
| substantial amount of news matter of international, national, or | 72112 |
| local events of interest to the general public. | 72113 |
| (TT) "Professional racing team" means a person that employs | 72114 |
| at least twenty full-time employees for the purpose of conducting | 72115 |
| a motor vehicle racing business for profit. The person must | 72116 |
| conduct the business with the purpose of racing one or more motor | 72117 |
| racing vehicles in at least ten competitive professional racing | 72118 |
| events each year that comprise all or part of a motor racing | 72119 |
| series sanctioned by one or more motor racing sanctioning | 72120 |
| organizations. A "motor racing vehicle" means a vehicle for which | 72121 |
| the chassis, engine, and parts are designed exclusively for motor | 72122 |
| racing, and does not include a stock or production model vehicle | 72123 |
| that may be modified for use in racing. For the purposes of this | 72124 |
| division: | 72125 |
| (1) A "competitive professional racing event" is a motor | 72126 |
| vehicle racing event sanctioned by one or more motor racing | 72127 |
| sanctioning organizations, at which aggregate cash prizes in | 72128 |
| excess of eight hundred thousand dollars are awarded to the | 72129 |
| competitors. | 72130 |
| (2) "Full-time employee" means an individual who is employed | 72131 |
| for consideration for thirty-five or more hours a week, or who | 72132 |
| renders any other standard of service generally accepted by custom | 72133 |
| or specified by contract as full-time employment. | 72134 |
| (UU)(1) "Lease" or "rental" means any transfer of the | 72135 |
| possession or control of tangible personal property for a fixed or | 72136 |
| indefinite term, for consideration. "Lease" or "rental" includes | 72137 |
| future options to purchase or extend, and agreements described in | 72138 |
| 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 72139 |
| the amount of consideration may be increased or decreased by | 72140 |
| reference to the amount realized upon the sale or disposition of | 72141 |
| the property. "Lease" or "rental" does not include: | 72142 |
| (a) A transfer of possession or control of tangible personal | 72143 |
| property under a security agreement or a deferred payment plan | 72144 |
| that requires the transfer of title upon completion of the | 72145 |
| required payments; | 72146 |
| (b) A transfer of possession or control of tangible personal | 72147 |
| property under an agreement that requires the transfer of title | 72148 |
| upon completion of required payments and payment of an option | 72149 |
| price that does not exceed the greater of one hundred dollars or | 72150 |
| one per cent of the total required payments; | 72151 |
| (c) Providing tangible personal property along with an | 72152 |
| operator for a fixed or indefinite period of time, if the operator | 72153 |
| is necessary for the property to perform as designed. For purposes | 72154 |
| of this division, the operator must do more than maintain, | 72155 |
| inspect, or set-up the tangible personal property. | 72156 |
| (2) "Lease" and "rental," as defined in division (UU) of this | 72157 |
| section, shall not apply to leases or rentals that exist before | 72158 |
| June 26, 2003. | 72159 |
| (3) "Lease" and "rental" have the same meaning as in division | 72160 |
| (UU)(1) of this section regardless of whether a transaction is | 72161 |
| characterized as a lease or rental under generally accepted | 72162 |
| accounting principles, the Internal Revenue Code, Title XIII of | 72163 |
| the Revised Code, or other federal, state, or local laws. | 72164 |
| (VV) "Mobile telecommunications service" has the same meaning | 72165 |
| as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 72166 |
| 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 72167 |
| on and after August 1, 2003, includes related fees and ancillary | 72168 |
| services, including universal service fees, detailed billing | 72169 |
| service, directory assistance, service initiation, voice mail | 72170 |
| service, and vertical services, such as caller ID and three-way | 72171 |
| calling. | 72172 |
| (WW) "Certified service provider" has the same meaning as in | 72173 |
| section 5740.01 of the Revised Code. | 72174 |
| (XX) "Satellite broadcasting service" means the distribution | 72175 |
| or broadcasting of programming or services by satellite directly | 72176 |
| to the subscriber's receiving equipment without the use of ground | 72177 |
| receiving or distribution equipment, except the subscriber's | 72178 |
| receiving equipment or equipment used in the uplink process to the | 72179 |
| satellite, and includes all service and rental charges, premium | 72180 |
| channels or other special services, installation and repair | 72181 |
| service charges, and any other charges having any connection with | 72182 |
| the provision of the satellite broadcasting service. | 72183 |
| (YY) "Tangible personal property" means personal property | 72184 |
| that can be seen, weighed, measured, felt, or touched, or that is | 72185 |
| in any other manner perceptible to the senses. For purposes of | 72186 |
| this chapter and Chapter 5741. of the Revised Code, "tangible | 72187 |
| personal property" includes motor vehicles, electricity, water, | 72188 |
| gas, steam, and prewritten computer software. | 72189 |
| (ZZ) "Direct mail" means printed material delivered or | 72190 |
| distributed by United States mail or other delivery service to a | 72191 |
| mass audience or to addressees on a mailing list provided by the | 72192 |
| consumer or at the direction of the consumer when the cost of the | 72193 |
| items are not billed directly to the recipients. "Direct mail" | 72194 |
| includes tangible personal property supplied directly or | 72195 |
| indirectly by the consumer to the direct mail vendor for inclusion | 72196 |
| in the package containing the printed material. "Direct mail" does | 72197 |
| not include multiple items of printed material delivered to a | 72198 |
| single address. | 72199 |
| (AAA) "Computer" means an electronic device that accepts | 72200 |
| information in digital or similar form and manipulates it for a | 72201 |
| result based on a sequence of instructions. | 72202 |
| (BBB) "Computer software" means a set of coded instructions | 72203 |
| designed to cause a computer or automatic data processing | 72204 |
| equipment to perform a task. | 72205 |
| (CCC) "Delivered electronically" means delivery of computer | 72206 |
| software from the seller to the purchaser by means other than | 72207 |
| tangible storage media. | 72208 |
| (DDD) "Prewritten computer software" means computer software, | 72209 |
| including prewritten upgrades, that is not designed and developed | 72210 |
| by the author or other creator to the specifications of a specific | 72211 |
| purchaser. The combining of two or more prewritten computer | 72212 |
| software programs or prewritten portions thereof does not cause | 72213 |
| the combination to be other than prewritten computer software. | 72214 |
| "Prewritten computer software" includes software designed and | 72215 |
| developed by the author or other creator to the specifications of | 72216 |
| a specific purchaser when it is sold to a person other than the | 72217 |
| purchaser. If a person modifies or enhances computer software of | 72218 |
| which the person is not the author or creator, the person shall be | 72219 |
| deemed to be the author or creator only of such person's | 72220 |
| modifications or enhancements. Prewritten computer software or a | 72221 |
| prewritten portion thereof that is modified or enhanced to any | 72222 |
| degree, where such modification or enhancement is designed and | 72223 |
| developed to the specifications of a specific purchaser, remains | 72224 |
| prewritten computer software; provided, however, that where there | 72225 |
| is a reasonable, separately stated charge or an invoice or other | 72226 |
| statement of the price given to the purchaser for the modification | 72227 |
| or enhancement, the modification or enhancement shall not | 72228 |
| constitute prewritten computer software. | 72229 |
| (EEE)(1) "Food" means substances, whether in liquid, | 72230 |
| concentrated, solid, frozen, dried, or dehydrated form, that are | 72231 |
| sold for ingestion or chewing by humans and are consumed for their | 72232 |
| taste or nutritional value. "Food" does not include alcoholic | 72233 |
| beverages, dietary supplements, soft drinks, or tobacco. | 72234 |
| (2) As used in division (EEE)(1) of this section: | 72235 |
| (a) "Alcoholic beverages" means beverages that are suitable | 72236 |
| for human consumption and contain one-half of one per cent or more | 72237 |
| of alcohol by volume. | 72238 |
| (b) "Dietary supplements" means any product, other than | 72239 |
| tobacco, that is intended to supplement the diet and that is | 72240 |
| intended for ingestion in tablet, capsule, powder, softgel, | 72241 |
| gelcap, or liquid form, or, if not intended for ingestion in such | 72242 |
| a form, is not represented as conventional food for use as a sole | 72243 |
| item of a meal or of the diet; that is required to be labeled as a | 72244 |
| dietary supplement, identifiable by the "supplement facts" box | 72245 |
| found on the label, as required by 21 C.F.R. 101.36; and that | 72246 |
| contains one or more of the following dietary ingredients: | 72247 |
| (i) A vitamin; | 72248 |
| (ii) A mineral; | 72249 |
| (iii) An herb or other botanical; | 72250 |
| (iv) An amino acid; | 72251 |
| (v) A dietary substance for use by humans to supplement the | 72252 |
| diet by increasing the total dietary intake; | 72253 |
| (vi) A concentrate, metabolite, constituent, extract, or | 72254 |
| combination of any ingredient described in divisions | 72255 |
| (EEE)(2)(b)(i) to (v) of this section. | 72256 |
| (c) "Soft drinks" means nonalcoholic beverages that contain | 72257 |
| natural or artificial sweeteners. "Soft drinks" does not include | 72258 |
| beverages that contain milk or milk products, soy, rice, or | 72259 |
| similar milk substitutes, or that contains greater than fifty per | 72260 |
| cent vegetable or fruit juice by volume. | 72261 |
| (d) "Tobacco" means cigarettes, cigars, chewing or pipe | 72262 |
| tobacco, or any other item that contains tobacco. | 72263 |
| (FFF) "Drug" means a compound, substance, or preparation, and | 72264 |
| any component of a compound, substance, or preparation, other than | 72265 |
| food, dietary supplements, or alcoholic beverages that is | 72266 |
| recognized in the official United States pharmacopoeia, official | 72267 |
| homeopathic pharmacopoeia of the United States, or official | 72268 |
| national formulary, and supplements to them; is intended for use | 72269 |
| in the diagnosis, cure, mitigation, treatment, or prevention of | 72270 |
| disease; or is intended to affect the structure or any function of | 72271 |
| the body. | 72272 |
| (GGG) "Prescription" means an order, formula, or recipe | 72273 |
| issued in any form of oral, written, electronic, or other means of | 72274 |
| transmission by a duly licensed practitioner authorized by the | 72275 |
| laws of this state to issue a prescription. | 72276 |
| (HHH) "Durable medical equipment" means equipment, including | 72277 |
| repair and replacement parts for such equipment, that can | 72278 |
| withstand repeated use, is primarily and customarily used to serve | 72279 |
| a medical purpose, generally is not useful to a person in the | 72280 |
| absence of illness or injury, and is not worn in or on the body. | 72281 |
| "Durable medical equipment" does not include mobility enhancing | 72282 |
| equipment. | 72283 |
| (III) "Mobility enhancing equipment" means equipment, | 72284 |
| including repair and replacement parts for such equipment, that is | 72285 |
| primarily and customarily used to provide or increase the ability | 72286 |
| to move from one place to another and is appropriate for use | 72287 |
| either in a home or a motor vehicle, that is not generally used by | 72288 |
| persons with normal mobility, and that does not include any motor | 72289 |
| vehicle or equipment on a motor vehicle normally provided by a | 72290 |
| motor vehicle manufacturer. "Mobility enhancing equipment" does | 72291 |
| not include durable medical equipment. | 72292 |
| (JJJ) "Prosthetic device" means a replacement, corrective, or | 72293 |
| supportive device, including repair and replacement parts for the | 72294 |
| device, worn on or in the human body to artificially replace a | 72295 |
| missing portion of the body, prevent or correct physical deformity | 72296 |
| or malfunction, or support a weak or deformed portion of the body. | 72297 |
| As used in this division, "prosthetic device" does not include | 72298 |
| corrective eyeglasses, contact lenses, or dental prosthesis. | 72299 |
| (KKK)(1) "Fractional aircraft ownership program" means a | 72300 |
| program in which persons within an affiliated group sell and | 72301 |
| manage fractional ownership program aircraft, provided that at | 72302 |
| least one hundred airworthy aircraft are operated in the program | 72303 |
| and the program meets all of the following criteria: | 72304 |
| (a) Management services are provided by at least one program | 72305 |
| manager within an affiliated group on behalf of the fractional | 72306 |
| owners. | 72307 |
| (b) Each program aircraft is owned or possessed by at least | 72308 |
| one fractional owner. | 72309 |
| (c) Each fractional owner owns or possesses at least a | 72310 |
| one-sixteenth interest in at least one fixed-wing program | 72311 |
| aircraft. | 72312 |
| (d) A dry-lease aircraft interchange arrangement is in effect | 72313 |
| among all of the fractional owners. | 72314 |
| (e) Multi-year program agreements are in effect regarding the | 72315 |
| fractional ownership, management services, and dry-lease aircraft | 72316 |
| interchange arrangement aspects of the program. | 72317 |
| (2) As used in division (KKK)(1) of this section: | 72318 |
| (a) "Affiliated group" has the same meaning as in division | 72319 |
| (B)(3)(e) of this section. | 72320 |
| (b) "Fractional owner" means a person that owns or possesses | 72321 |
| at least a one-sixteenth interest in a program aircraft and has | 72322 |
| entered into the agreements described in division (KKK)(1)(e) of | 72323 |
| this section. | 72324 |
| (c) "Fractional ownership program aircraft" or "program | 72325 |
| aircraft" means a turbojet aircraft that is owned or possessed by | 72326 |
| a fractional owner and that has been included in a dry-lease | 72327 |
| aircraft interchange arrangement and agreement under divisions | 72328 |
| (KKK)(1)(d) and (e) of this section, or an aircraft a program | 72329 |
| manager owns or possesses primarily for use in a fractional | 72330 |
| aircraft ownership program. | 72331 |
| (d) "Management services" means administrative and aviation | 72332 |
| support services furnished under a fractional aircraft ownership | 72333 |
| program in accordance with a management services agreement under | 72334 |
| division (KKK)(1)(e) of this section, and offered by the program | 72335 |
| manager to the fractional owners, including, at a minimum, the | 72336 |
| establishment and implementation of safety guidelines; the | 72337 |
| coordination of the scheduling of the program aircraft and crews; | 72338 |
| program aircraft maintenance; program aircraft insurance; crew | 72339 |
| training for crews employed, furnished, or contracted by the | 72340 |
| program manager or the fractional owner; the satisfaction of | 72341 |
| record-keeping requirements; and the development and use of an | 72342 |
| operations manual and a maintenance manual for the fractional | 72343 |
| aircraft ownership program. | 72344 |
| (e) "Program manager" means the person that offers management | 72345 |
| services to fractional owners pursuant to a management services | 72346 |
| agreement under division (KKK)(1)(e) of this section. | 72347 |
| (LLL) "Electronic publishing" means providing access to one | 72348 |
| or more of the following primarily for business customers, | 72349 |
| including the federal government or a state government or a | 72350 |
| political subdivision thereof, to conduct research: news; | 72351 |
| business, financial, legal, consumer, or credit materials; | 72352 |
| editorials, columns, reader commentary, or features; photos or | 72353 |
| images; archival or research material; legal notices, identity | 72354 |
| verification, or public records; scientific, educational, | 72355 |
| instructional, technical, professional, trade, or other literary | 72356 |
| materials; or other similar information which has been gathered | 72357 |
| and made available by the provider to the consumer in an | 72358 |
| electronic format. Providing electronic publishing includes the | 72359 |
| functions necessary for the acquisition, formatting, editing, | 72360 |
| storage, and dissemination of data or information that is the | 72361 |
| subject of a sale. | 72362 |
| (MMM) "Medicaid health insuring corporation" means a health | 72363 |
| insuring corporation that holds a certificate of authority under | 72364 |
| Chapter 1751. of the Revised Code and is under contract with the | 72365 |
| department of job and family services pursuant to section 5111.17 | 72366 |
| of the Revised Code. | 72367 |
| (NNN) "Managed care premium" means any premium, capitation, | 72368 |
| or other payment a medicaid health insuring corporation receives | 72369 |
| for providing or arranging for the provision of health care | 72370 |
| services to its members or enrollees residing in this state. | 72371 |
| (OOO) "Captive deer" means deer and other cervidae that have | 72372 |
| been legally acquired, or their offspring, that are privately | 72373 |
| owned for agricultural or farming purposes. | 72374 |
| (PPP) "Gift card" means a document, card, certificate, or | 72375 |
| other record, whether tangible or intangible, that may be redeemed | 72376 |
| by a consumer for a dollar value when making a purchase of | 72377 |
| tangible personal property or services. | 72378 |
| Sec. 5739.02. For the purpose of providing revenue with | 72379 |
| which to meet the needs of the state, for the use of the general | 72380 |
| revenue fund of the state, for the purpose of securing a thorough | 72381 |
| and efficient system of common schools throughout the state, for | 72382 |
| the purpose of affording revenues, in addition to those from | 72383 |
| general property taxes, permitted under constitutional | 72384 |
| limitations, and from other sources, for the support of local | 72385 |
| governmental functions, and for the purpose of reimbursing the | 72386 |
| state for the expense of administering this chapter, an excise tax | 72387 |
| is hereby levied on each retail sale made in this state. | 72388 |
| (A)(1) The tax shall be collected as provided in section | 72389 |
| 5739.025 of the Revised Code. The rate of the tax shall be five | 72390 |
| and one-half per cent. The tax applies and is collectible when the | 72391 |
| sale is made, regardless of the time when the price is paid or | 72392 |
| delivered. | 72393 |
| (2) In the case of the lease or rental, with a fixed term of | 72394 |
| more than thirty days or an indefinite term with a minimum period | 72395 |
| of more than thirty days, of any motor vehicles designed by the | 72396 |
| manufacturer to carry a load of not more than one ton, watercraft, | 72397 |
| outboard motor, or aircraft, or of any tangible personal property, | 72398 |
| other than motor vehicles designed by the manufacturer to carry a | 72399 |
| load of more than one ton, to be used by the lessee or renter | 72400 |
| primarily for business purposes, the tax shall be collected by the | 72401 |
| vendor at the time the lease or rental is consummated and shall be | 72402 |
| calculated by the vendor on the basis of the total amount to be | 72403 |
| paid by the lessee or renter under the lease agreement. If the | 72404 |
| total amount of the consideration for the lease or rental includes | 72405 |
| amounts that are not calculated at the time the lease or rental is | 72406 |
| executed, the tax shall be calculated and collected by the vendor | 72407 |
| at the time such amounts are billed to the lessee or renter. In | 72408 |
| the case of an open-end lease or rental, the tax shall be | 72409 |
| calculated by the vendor on the basis of the total amount to be | 72410 |
| paid during the initial fixed term of the lease or rental, and for | 72411 |
| each subsequent renewal period as it comes due. As used in this | 72412 |
| division, "motor vehicle" has the same meaning as in section | 72413 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 72414 |
| unit attached to the watercraft. | 72415 |
| A lease with a renewal clause and a termination penalty or | 72416 |
| similar provision that applies if the renewal clause is not | 72417 |
| exercised is presumed to be a sham transaction. In such a case, | 72418 |
| the tax shall be calculated and paid on the basis of the entire | 72419 |
| length of the lease period, including any renewal periods, until | 72420 |
| the termination penalty or similar provision no longer applies. | 72421 |
| The taxpayer shall bear the burden, by a preponderance of the | 72422 |
| evidence, that the transaction or series of transactions is not a | 72423 |
| sham transaction. | 72424 |
| (3) Except as provided in division (A)(2) of this section, in | 72425 |
| the case of a sale, the price of which consists in whole or in | 72426 |
| part of the lease or rental of tangible personal property, the tax | 72427 |
| shall be measured by the installments of that lease or rental. | 72428 |
| (4) In the case of a sale of a physical fitness facility | 72429 |
| service or recreation and sports club service, the price of which | 72430 |
| consists in whole or in part of a membership for the receipt of | 72431 |
| the benefit of the service, the tax applicable to the sale shall | 72432 |
| be measured by the installments thereof. | 72433 |
| (B) The tax does not apply to the following: | 72434 |
| (1) Sales to the state or any of its political subdivisions, | 72435 |
| or to any other state or its political subdivisions if the laws of | 72436 |
| that state exempt from taxation sales made to this state and its | 72437 |
| political subdivisions; | 72438 |
| (2) Sales of food for human consumption off the premises | 72439 |
| where sold; | 72440 |
| (3) Sales of food sold to students only in a cafeteria, | 72441 |
| dormitory, fraternity, or sorority maintained in a private, | 72442 |
| public, or parochial school, college, or university; | 72443 |
| (4) Sales of newspapers and of magazine subscriptions and | 72444 |
| sales or transfers of magazines distributed as controlled | 72445 |
| circulation publications; | 72446 |
| (5) The furnishing, preparing, or serving of meals without | 72447 |
| charge by an employer to an employee provided the employer records | 72448 |
| the meals as part compensation for services performed or work | 72449 |
| done; | 72450 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 72451 |
| sale of which in this state a tax is imposed by the law of this | 72452 |
| state, but this exemption shall not apply to the sale of motor | 72453 |
| fuel on which a refund of the tax is allowable under division (A) | 72454 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 72455 |
| may deduct the amount of tax levied by this section applicable to | 72456 |
| the price of motor fuel when granting a refund of motor fuel tax | 72457 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 72458 |
| and shall cause the amount deducted to be paid into the general | 72459 |
| revenue fund of this state; | 72460 |
| (7) Sales of natural gas by a natural gas company, of water | 72461 |
| by a water-works company, or of steam by a heating company, if in | 72462 |
| each case the thing sold is delivered to consumers through pipes | 72463 |
| or conduits, and all sales of communications services by a | 72464 |
| telegraph company, all terms as defined in section 5727.01 of the | 72465 |
| Revised Code, and sales of electricity delivered through wires; | 72466 |
| (8) Casual sales by a person, or auctioneer employed directly | 72467 |
| by the person to conduct such sales, except as to such sales of | 72468 |
| motor vehicles, watercraft or outboard motors required to be | 72469 |
| titled under section 1548.06 of the Revised Code, watercraft | 72470 |
| documented with the United States coast guard, snowmobiles, and | 72471 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 72472 |
| Code; | 72473 |
| (9)(a) Sales of services or tangible personal property, other | 72474 |
| than motor vehicles, mobile homes, and manufactured homes, by | 72475 |
| churches, organizations exempt from taxation under section | 72476 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 72477 |
| organizations operated exclusively for charitable purposes as | 72478 |
| defined in division (B)(12) of this section, provided that the | 72479 |
| number of days on which such tangible personal property or | 72480 |
| services, other than items never subject to the tax, are sold does | 72481 |
| not exceed six in any calendar year, except as otherwise provided | 72482 |
| in division (B)(9)(b) of this section. If the number of days on | 72483 |
| which such sales are made exceeds six in any calendar year, the | 72484 |
| church or organization shall be considered to be engaged in | 72485 |
| business and all subsequent sales by it shall be subject to the | 72486 |
| tax. In counting the number of days, all sales by groups within a | 72487 |
| church or within an organization shall be considered to be sales | 72488 |
| of that church or organization. | 72489 |
| (b) The limitation on the number of days on which tax-exempt | 72490 |
| sales may be made by a church or organization under division | 72491 |
| (B)(9)(a) of this section does not apply to sales made by student | 72492 |
| clubs and other groups of students of a primary or secondary | 72493 |
| school, or a parent-teacher association, booster group, or similar | 72494 |
| organization that raises money to support or fund curricular or | 72495 |
| extracurricular activities of a primary or secondary school. | 72496 |
| (c) Divisions (B)(9)(a) and (b) of this section do not apply | 72497 |
| to sales by a noncommercial educational radio or television | 72498 |
| broadcasting station. | 72499 |
| (10) Sales not within the taxing power of this state under | 72500 |
| the Constitution of the United States; | 72501 |
| (11) Except for transactions that are sales under division | 72502 |
| (B)(3)(r) of section 5739.01 of the Revised Code, the | 72503 |
| transportation of persons or property, unless the transportation | 72504 |
| is by a private investigation and security service; | 72505 |
| (12) Sales of tangible personal property or services to | 72506 |
| churches, to organizations exempt from taxation under section | 72507 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 72508 |
| nonprofit organizations operated exclusively for charitable | 72509 |
| purposes in this state, no part of the net income of which inures | 72510 |
| to the benefit of any private shareholder or individual, and no | 72511 |
| substantial part of the activities of which consists of carrying | 72512 |
| on propaganda or otherwise attempting to influence legislation; | 72513 |
| sales to offices administering one or more homes for the aged or | 72514 |
| one or more hospital facilities exempt under section 140.08 of the | 72515 |
| Revised Code; and sales to organizations described in division (D) | 72516 |
| of section 5709.12 of the Revised Code. | 72517 |
| "Charitable purposes" means the relief of poverty; the | 72518 |
| improvement of health through the alleviation of illness, disease, | 72519 |
| or injury; the operation of an organization exclusively for the | 72520 |
| provision of professional, laundry, printing, and purchasing | 72521 |
| services to hospitals or charitable institutions; the operation of | 72522 |
| a home for the aged, as defined in section 5701.13 of the Revised | 72523 |
| Code; the operation of a radio or television broadcasting station | 72524 |
| that is licensed by the federal communications commission as a | 72525 |
| noncommercial educational radio or television station; the | 72526 |
| operation of a nonprofit animal adoption service or a county | 72527 |
| humane society; the promotion of education by an institution of | 72528 |
| learning that maintains a faculty of qualified instructors, | 72529 |
| teaches regular continuous courses of study, and confers a | 72530 |
| recognized diploma upon completion of a specific curriculum; the | 72531 |
| operation of a parent-teacher association, booster group, or | 72532 |
| similar organization primarily engaged in the promotion and | 72533 |
| support of the curricular or extracurricular activities of a | 72534 |
| primary or secondary school; the operation of a community or area | 72535 |
| center in which presentations in music, dramatics, the arts, and | 72536 |
| related fields are made in order to foster public interest and | 72537 |
| education therein; the production of performances in music, | 72538 |
| dramatics, and the arts; or the promotion of education by an | 72539 |
| organization engaged in carrying on research in, or the | 72540 |
| dissemination of, scientific and technological knowledge and | 72541 |
| information primarily for the public. | 72542 |
| Nothing in this division shall be deemed to exempt sales to | 72543 |
| any organization for use in the operation or carrying on of a | 72544 |
| trade or business, or sales to a home for the aged for use in the | 72545 |
| operation of independent living facilities as defined in division | 72546 |
| (A) of section 5709.12 of the Revised Code. | 72547 |
| (13) Building and construction materials and services sold to | 72548 |
| construction contractors for incorporation into a structure or | 72549 |
| improvement to real property under a construction contract with | 72550 |
| this state or a political subdivision of this state, or with the | 72551 |
| United States government or any of its agencies; building and | 72552 |
| construction materials and services sold to construction | 72553 |
| contractors for incorporation into a structure or improvement to | 72554 |
| real property that are accepted for ownership by this state or any | 72555 |
| of its political subdivisions, or by the United States government | 72556 |
| or any of its agencies at the time of completion of the structures | 72557 |
| or improvements; building and construction materials sold to | 72558 |
| construction contractors for incorporation into a horticulture | 72559 |
| structure or livestock structure for a person engaged in the | 72560 |
| business of horticulture or producing livestock; building | 72561 |
| materials and services sold to a construction contractor for | 72562 |
| incorporation into a house of public worship or religious | 72563 |
| education, or a building used exclusively for charitable purposes | 72564 |
| under a construction contract with an organization whose purpose | 72565 |
| is as described in division (B)(12) of this section; building | 72566 |
| materials and services sold to a construction contractor for | 72567 |
| incorporation into a building under a construction contract with | 72568 |
| an organization exempt from taxation under section 501(c)(3) of | 72569 |
| the Internal Revenue Code of 1986 when the building is to be used | 72570 |
| exclusively for the organization's exempt purposes; building and | 72571 |
| construction materials sold for incorporation into the original | 72572 |
| construction of a sports facility under section 307.696 of the | 72573 |
| Revised Code; building and construction materials and services | 72574 |
| sold to a construction contractor for incorporation into real | 72575 |
| property outside this state if such materials and services, when | 72576 |
| sold to a construction contractor in the state in which the real | 72577 |
| property is located for incorporation into real property in that | 72578 |
| state, would be exempt from a tax on sales levied by that state; | 72579 |
| and, until one calendar year after the construction of a | 72580 |
| convention center that qualifies for property tax exemption under | 72581 |
| section 5709.084 of the Revised Code is completed, building and | 72582 |
| construction materials and services sold to a construction | 72583 |
| contractor for incorporation into the real property comprising | 72584 |
| that convention center; | 72585 |
| (14) Sales of ships or vessels or rail rolling stock used or | 72586 |
| to be used principally in interstate or foreign commerce, and | 72587 |
| repairs, alterations, fuel, and lubricants for such ships or | 72588 |
| vessels or rail rolling stock; | 72589 |
| (15) Sales to persons primarily engaged in any of the | 72590 |
| activities mentioned in division (B)(42)(a), (g), or (h) of this | 72591 |
| section, to persons engaged in making retail sales, or to persons | 72592 |
| who purchase for sale from a manufacturer tangible personal | 72593 |
| property that was produced by the manufacturer in accordance with | 72594 |
| specific designs provided by the purchaser, of packages, including | 72595 |
| material, labels, and parts for packages, and of machinery, | 72596 |
| equipment, and material for use primarily in packaging tangible | 72597 |
| personal property produced for sale, including any machinery, | 72598 |
| equipment, and supplies used to make labels or packages, to | 72599 |
| prepare packages or products for labeling, or to label packages or | 72600 |
| products, by or on the order of the person doing the packaging, or | 72601 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 72602 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 72603 |
| similar devices and containers, but does not include motor | 72604 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 72605 |
| motor vehicles. "Packaging" means placing in a package. Division | 72606 |
| (B)(15) of this section does not apply to persons engaged in | 72607 |
| highway transportation for hire. | 72608 |
| (16) Sales of food to persons using supplemental nutrition | 72609 |
| assistance program benefits to purchase the food. As used in this | 72610 |
| division, "food" has the same meaning as in 7 U.S.C. 2012 and | 72611 |
| federal regulations adopted pursuant to the Food and Nutrition Act | 72612 |
| of 2008. | 72613 |
| (17) Sales to persons engaged in farming, agriculture, | 72614 |
| horticulture, or floriculture, of tangible personal property for | 72615 |
| use or consumption primarily in the production by farming, | 72616 |
| agriculture, horticulture, or floriculture of other tangible | 72617 |
| personal property for use or consumption primarily in the | 72618 |
| production of tangible personal property for sale by farming, | 72619 |
| agriculture, horticulture, or floriculture; or material and parts | 72620 |
| for incorporation into any such tangible personal property for use | 72621 |
| or consumption in production; and of tangible personal property | 72622 |
| for such use or consumption in the conditioning or holding of | 72623 |
| products produced by and for such use, consumption, or sale by | 72624 |
| persons engaged in farming, agriculture, horticulture, or | 72625 |
| floriculture, except where such property is incorporated into real | 72626 |
| property; | 72627 |
| (18) Sales of drugs for a human being that may be dispensed | 72628 |
| only pursuant to a prescription; insulin as recognized in the | 72629 |
| official United States pharmacopoeia; urine and blood testing | 72630 |
| materials when used by diabetics or persons with hypoglycemia to | 72631 |
| test for glucose or acetone; hypodermic syringes and needles when | 72632 |
| used by diabetics for insulin injections; epoetin alfa when | 72633 |
| purchased for use in the treatment of persons with medical | 72634 |
| disease; hospital beds when purchased by hospitals, nursing homes, | 72635 |
| or other medical facilities; and medical oxygen and medical | 72636 |
| oxygen-dispensing equipment when purchased by hospitals, nursing | 72637 |
| homes, or other medical facilities; | 72638 |
| (19) Sales of prosthetic devices, durable medical equipment | 72639 |
| for home use, or mobility enhancing equipment, when made pursuant | 72640 |
| to a prescription and when such devices or equipment are for use | 72641 |
| by a human being. | 72642 |
| (20) Sales of emergency and fire protection vehicles and | 72643 |
| equipment to nonprofit organizations for use solely in providing | 72644 |
| fire protection and emergency services, including trauma care and | 72645 |
| emergency medical services, for political subdivisions of the | 72646 |
| state; | 72647 |
| (21) Sales of tangible personal property manufactured in this | 72648 |
| state, if sold by the manufacturer in this state to a retailer for | 72649 |
| use in the retail business of the retailer outside of this state | 72650 |
| and if possession is taken from the manufacturer by the purchaser | 72651 |
| within this state for the sole purpose of immediately removing the | 72652 |
| same from this state in a vehicle owned by the purchaser; | 72653 |
| (22) Sales of services provided by the state or any of its | 72654 |
| political subdivisions, agencies, instrumentalities, institutions, | 72655 |
| or authorities, or by governmental entities of the state or any of | 72656 |
| its political subdivisions, agencies, instrumentalities, | 72657 |
| institutions, or authorities; | 72658 |
| (23) Sales of motor vehicles to nonresidents of this state | 72659 |
| under the circumstances described in division (B) of section | 72660 |
| 5739.029 of the Revised Code; | 72661 |
| (24) Sales to persons engaged in the preparation of eggs for | 72662 |
| sale of tangible personal property used or consumed directly in | 72663 |
| such preparation, including such tangible personal property used | 72664 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 72665 |
| classifying by size; packages, including material and parts for | 72666 |
| packages, and machinery, equipment, and material for use in | 72667 |
| packaging eggs for sale; and handling and transportation equipment | 72668 |
| and parts therefor, except motor vehicles licensed to operate on | 72669 |
| public highways, used in intraplant or interplant transfers or | 72670 |
| shipment of eggs in the process of preparation for sale, when the | 72671 |
| plant or plants within or between which such transfers or | 72672 |
| shipments occur are operated by the same person. "Packages" | 72673 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 72674 |
| cartons, closure materials, labels, and labeling materials, and | 72675 |
| "packaging" means placing therein. | 72676 |
| (25)(a) Sales of water to a consumer for residential use | 72677 |
| 72678 | |
| 72679 |
| (b) Sales of water by a nonprofit corporation engaged | 72680 |
| exclusively in the treatment, distribution, and sale of water to | 72681 |
| consumers, if such water is delivered to consumers through pipes | 72682 |
| or tubing. | 72683 |
| (26) Fees charged for inspection or reinspection of motor | 72684 |
| vehicles under section 3704.14 of the Revised Code; | 72685 |
| (27) Sales to persons licensed to conduct a food service | 72686 |
| operation pursuant to section 3717.43 of the Revised Code, of | 72687 |
| tangible personal property primarily used directly for the | 72688 |
| following: | 72689 |
| (a) To prepare food for human consumption for sale; | 72690 |
| (b) To preserve food that has been or will be prepared for | 72691 |
| human consumption for sale by the food service operator, not | 72692 |
| including tangible personal property used to display food for | 72693 |
| selection by the consumer; | 72694 |
| (c) To clean tangible personal property used to prepare or | 72695 |
| serve food for human consumption for sale. | 72696 |
| (28) Sales of animals by nonprofit animal adoption services | 72697 |
| or county humane societies; | 72698 |
| (29) Sales of services to a corporation described in | 72699 |
| division (A) of section 5709.72 of the Revised Code, and sales of | 72700 |
| tangible personal property that qualifies for exemption from | 72701 |
| taxation under section 5709.72 of the Revised Code; | 72702 |
| (30) Sales and installation of agricultural land tile, as | 72703 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 72704 |
| Code; | 72705 |
| (31) Sales and erection or installation of portable grain | 72706 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 72707 |
| Revised Code; | 72708 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 72709 |
| or items attached to or incorporated in, motor vehicles that are | 72710 |
| primarily used for transporting tangible personal property | 72711 |
| belonging to others by a person engaged in highway transportation | 72712 |
| for hire, except for packages and packaging used for the | 72713 |
| transportation of tangible personal property; | 72714 |
| (33) Sales to the state headquarters of any veterans' | 72715 |
| organization in this state that is either incorporated and issued | 72716 |
| a charter by the congress of the United States or is recognized by | 72717 |
| the United States veterans administration, for use by the | 72718 |
| headquarters; | 72719 |
| (34) Sales to a telecommunications service vendor, mobile | 72720 |
| telecommunications service vendor, or satellite broadcasting | 72721 |
| service vendor of tangible personal property and services used | 72722 |
| directly and primarily in transmitting, receiving, switching, or | 72723 |
| recording any interactive, one- or two-way electromagnetic | 72724 |
| communications, including voice, image, data, and information, | 72725 |
| through the use of any medium, including, but not limited to, | 72726 |
| poles, wires, cables, switching equipment, computers, and record | 72727 |
| storage devices and media, and component parts for the tangible | 72728 |
| personal property. The exemption provided in this division shall | 72729 |
| be in lieu of all other exemptions under division (B)(42)(a) or | 72730 |
| (n) of this section to which the vendor may otherwise be entitled, | 72731 |
| based upon the use of the thing purchased in providing the | 72732 |
| telecommunications, mobile telecommunications, or satellite | 72733 |
| broadcasting service. | 72734 |
| (35)(a) Sales where the purpose of the consumer is to use or | 72735 |
| consume the things transferred in making retail sales and | 72736 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 72737 |
| certificates, or other advertising material that prices and | 72738 |
| describes tangible personal property offered for retail sale. | 72739 |
| (b) Sales to direct marketing vendors of preliminary | 72740 |
| materials such as photographs, artwork, and typesetting that will | 72741 |
| be used in printing advertising material; of printed matter that | 72742 |
| offers free merchandise or chances to win sweepstake prizes and | 72743 |
| that is mailed to potential customers with advertising material | 72744 |
| described in division (B)(35)(a) of this section; and of equipment | 72745 |
| such as telephones, computers, facsimile machines, and similar | 72746 |
| tangible personal property primarily used to accept orders for | 72747 |
| direct marketing retail sales. | 72748 |
| (c) Sales of automatic food vending machines that preserve | 72749 |
| food with a shelf life of forty-five days or less by refrigeration | 72750 |
| and dispense it to the consumer. | 72751 |
| For purposes of division (B)(35) of this section, "direct | 72752 |
| marketing" means the method of selling where consumers order | 72753 |
| tangible personal property by United States mail, delivery | 72754 |
| service, or telecommunication and the vendor delivers or ships the | 72755 |
| tangible personal property sold to the consumer from a warehouse, | 72756 |
| catalogue distribution center, or similar fulfillment facility by | 72757 |
| means of the United States mail, delivery service, or common | 72758 |
| carrier. | 72759 |
| (36) Sales to a person engaged in the business of | 72760 |
| horticulture or producing livestock of materials to be | 72761 |
| incorporated into a horticulture structure or livestock structure; | 72762 |
| (37) Sales of personal computers, computer monitors, computer | 72763 |
| keyboards, modems, and other peripheral computer equipment to an | 72764 |
| individual who is licensed or certified to teach in an elementary | 72765 |
| or a secondary school in this state for use by that individual in | 72766 |
| preparation for teaching elementary or secondary school students; | 72767 |
| (38) Sales to a professional racing team of any of the | 72768 |
| following: | 72769 |
| (a) Motor racing vehicles; | 72770 |
| (b) Repair services for motor racing vehicles; | 72771 |
| (c) Items of property that are attached to or incorporated in | 72772 |
| motor racing vehicles, including engines, chassis, and all other | 72773 |
| components of the vehicles, and all spare, replacement, and | 72774 |
| rebuilt parts or components of the vehicles; except not including | 72775 |
| tires, consumable fluids, paint, and accessories consisting of | 72776 |
| instrumentation sensors and related items added to the vehicle to | 72777 |
| collect and transmit data by means of telemetry and other forms of | 72778 |
| communication. | 72779 |
| (39) Sales of used manufactured homes and used mobile homes, | 72780 |
| as defined in section 5739.0210 of the Revised Code, made on or | 72781 |
| after January 1, 2000; | 72782 |
| (40) Sales of tangible personal property and services to a | 72783 |
| provider of electricity used or consumed directly and primarily in | 72784 |
| generating, transmitting, or distributing electricity for use by | 72785 |
| others, including property that is or is to be incorporated into | 72786 |
| and will become a part of the consumer's production, transmission, | 72787 |
| or distribution system and that retains its classification as | 72788 |
| tangible personal property after incorporation; fuel or power used | 72789 |
| in the production, transmission, or distribution of electricity; | 72790 |
| energy conversion equipment as defined in section 5727.01 of the | 72791 |
| Revised Code; and tangible personal property and services used in | 72792 |
| the repair and maintenance of the production, transmission, or | 72793 |
| distribution system, including only those motor vehicles as are | 72794 |
| specially designed and equipped for such use. The exemption | 72795 |
| provided in this division shall be in lieu of all other exemptions | 72796 |
| in division (B)(42)(a) or (n) of this section to which a provider | 72797 |
| of electricity may otherwise be entitled based on the use of the | 72798 |
| tangible personal property or service purchased in generating, | 72799 |
| transmitting, or distributing electricity. | 72800 |
| (41) Sales to a person providing services under division | 72801 |
| (B)(3)(r) of section 5739.01 of the Revised Code of tangible | 72802 |
| personal property and services used directly and primarily in | 72803 |
| providing taxable services under that section. | 72804 |
| (42) Sales where the purpose of the purchaser is to do any of | 72805 |
| the following: | 72806 |
| (a) To incorporate the thing transferred as a material or a | 72807 |
| part into tangible personal property to be produced for sale by | 72808 |
| manufacturing, assembling, processing, or refining; or to use or | 72809 |
| consume the thing transferred directly in producing tangible | 72810 |
| personal property for sale by mining, including, without | 72811 |
| limitation, the extraction from the earth of all substances that | 72812 |
| are classed geologically as minerals, production of crude oil and | 72813 |
| natural gas, or directly in the rendition of a public utility | 72814 |
| service, except that the sales tax levied by this section shall be | 72815 |
| collected upon all meals, drinks, and food for human consumption | 72816 |
| sold when transporting persons. Persons engaged in rendering | 72817 |
| services in the exploration for, and production of, crude oil and | 72818 |
| natural gas for others are deemed engaged directly in the | 72819 |
| exploration for, and production of, crude oil and natural gas. | 72820 |
| This paragraph does not exempt from "retail sale" or "sales at | 72821 |
| retail" the sale of tangible personal property that is to be | 72822 |
| incorporated into a structure or improvement to real property. | 72823 |
| (b) To hold the thing transferred as security for the | 72824 |
| performance of an obligation of the vendor; | 72825 |
| (c) To resell, hold, use, or consume the thing transferred as | 72826 |
| evidence of a contract of insurance; | 72827 |
| (d) To use or consume the thing directly in commercial | 72828 |
| fishing; | 72829 |
| (e) To incorporate the thing transferred as a material or a | 72830 |
| part into, or to use or consume the thing transferred directly in | 72831 |
| the production of, magazines distributed as controlled circulation | 72832 |
| publications; | 72833 |
| (f) To use or consume the thing transferred in the production | 72834 |
| and preparation in suitable condition for market and sale of | 72835 |
| printed, imprinted, overprinted, lithographic, multilithic, | 72836 |
| blueprinted, photostatic, or other productions or reproductions of | 72837 |
| written or graphic matter; | 72838 |
| (g) To use the thing transferred, as described in section | 72839 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 72840 |
| operation to produce tangible personal property for sale; | 72841 |
| (h) To use the benefit of a warranty, maintenance or service | 72842 |
| contract, or similar agreement, as described in division (B)(7) of | 72843 |
| section 5739.01 of the Revised Code, to repair or maintain | 72844 |
| tangible personal property, if all of the property that is the | 72845 |
| subject of the warranty, contract, or agreement would not be | 72846 |
| subject to the tax imposed by this section; | 72847 |
| (i) To use the thing transferred as qualified research and | 72848 |
| development equipment; | 72849 |
| (j) To use or consume the thing transferred primarily in | 72850 |
| storing, transporting, mailing, or otherwise handling purchased | 72851 |
| sales inventory in a warehouse, distribution center, or similar | 72852 |
| facility when the inventory is primarily distributed outside this | 72853 |
| state to retail stores of the person who owns or controls the | 72854 |
| warehouse, distribution center, or similar facility, to retail | 72855 |
| stores of an affiliated group of which that person is a member, or | 72856 |
| by means of direct marketing. This division does not apply to | 72857 |
| motor vehicles registered for operation on the public highways. As | 72858 |
| used in this division, "affiliated group" has the same meaning as | 72859 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 72860 |
| "direct marketing" has the same meaning as in division (B)(35) of | 72861 |
| this section. | 72862 |
| (k) To use or consume the thing transferred to fulfill a | 72863 |
| contractual obligation incurred by a warrantor pursuant to a | 72864 |
| warranty provided as a part of the price of the tangible personal | 72865 |
| property sold or by a vendor of a warranty, maintenance or service | 72866 |
| contract, or similar agreement the provision of which is defined | 72867 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 72868 |
| Code; | 72869 |
| (l) To use or consume the thing transferred in the production | 72870 |
| of a newspaper for distribution to the public; | 72871 |
| (m) To use tangible personal property to perform a service | 72872 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 72873 |
| if the property is or is to be permanently transferred to the | 72874 |
| consumer of the service as an integral part of the performance of | 72875 |
| the service; | 72876 |
| (n) To use or consume the thing transferred primarily in | 72877 |
| producing tangible personal property for sale by farming, | 72878 |
| agriculture, horticulture, or floriculture. Persons engaged in | 72879 |
| rendering farming, agriculture, horticulture, or floriculture | 72880 |
| services for others are deemed engaged primarily in farming, | 72881 |
| agriculture, horticulture, or floriculture. This paragraph does | 72882 |
| not exempt from "retail sale" or "sales at retail" the sale of | 72883 |
| tangible personal property that is to be incorporated into a | 72884 |
| structure or improvement to real property. | 72885 |
| (o) To use or consume the thing transferred in acquiring, | 72886 |
| formatting, editing, storing, and disseminating data or | 72887 |
| information by electronic publishing. | 72888 |
| As used in division (B)(42) of this section, "thing" includes | 72889 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 72890 |
| section 5739.01 of the Revised Code. | 72891 |
| (43) Sales conducted through a coin operated device that | 72892 |
| activates vacuum equipment or equipment that dispenses water, | 72893 |
| whether or not in combination with soap or other cleaning agents | 72894 |
| or wax, to the consumer for the consumer's use on the premises in | 72895 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 72896 |
| personal property or personal service is provided as part of the | 72897 |
| transaction. | 72898 |
| (44) Sales of replacement and modification parts for engines, | 72899 |
| airframes, instruments, and interiors in, and paint for, aircraft | 72900 |
| used primarily in a fractional aircraft ownership program, and | 72901 |
| sales of services for the repair, modification, and maintenance of | 72902 |
| such aircraft, and machinery, equipment, and supplies primarily | 72903 |
| used to provide those services. | 72904 |
| (45) Sales of telecommunications service that is used | 72905 |
| directly and primarily to perform the functions of a call center. | 72906 |
| As used in this division, "call center" means any physical | 72907 |
| location where telephone calls are placed or received in high | 72908 |
| volume for the purpose of making sales, marketing, customer | 72909 |
| service, technical support, or other specialized business | 72910 |
| activity, and that employs at least fifty individuals that engage | 72911 |
| in call center activities on a full-time basis, or sufficient | 72912 |
| individuals to fill fifty full-time equivalent positions. | 72913 |
| (46) Sales by a telecommunications service vendor of 900 | 72914 |
| service to a subscriber. This division does not apply to | 72915 |
| information services, as defined in division (FF) of section | 72916 |
| 5739.01 of the Revised Code. | 72917 |
| (47) Sales of value-added non-voice data service. This | 72918 |
| division does not apply to any similar service that is not | 72919 |
| otherwise a telecommunications service. | 72920 |
| (48)(a) Sales of machinery, equipment, and software to a | 72921 |
| qualified direct selling entity for use in a warehouse or | 72922 |
| distribution center primarily for storing, transporting, or | 72923 |
| otherwise handling inventory that is held for sale to independent | 72924 |
| salespersons who operate as direct sellers and that is held | 72925 |
| primarily for distribution outside this state; | 72926 |
| (b) As used in division (B)(48)(a) of this section: | 72927 |
| (i) "Direct seller" means a person selling consumer products | 72928 |
| to individuals for personal or household use and not from a fixed | 72929 |
| retail location, including selling such product at in-home product | 72930 |
| demonstrations, parties, and other one-on-one selling. | 72931 |
| (ii) "Qualified direct selling entity" means an entity | 72932 |
| selling to direct sellers at the time the entity enters into a tax | 72933 |
| credit agreement with the tax credit authority pursuant to section | 72934 |
| 122.17 of the Revised Code, provided that the agreement was | 72935 |
| entered into on or after January 1, 2007. Neither contingencies | 72936 |
| relevant to the granting of, nor later developments with respect | 72937 |
| to, the tax credit shall impair the status of the qualified direct | 72938 |
| selling entity under division (B)(48) of this section after | 72939 |
| execution of the tax credit agreement by the tax credit authority. | 72940 |
| (c) Division (B)(48) of this section is limited to machinery, | 72941 |
| equipment, and software first stored, used, or consumed in this | 72942 |
| state within the period commencing June 24, 2008, and ending on | 72943 |
| the date that is five years after that date. | 72944 |
| (49) Sales of materials, parts, equipment, or engines used in | 72945 |
| the repair or maintenance of aircraft or avionics systems of such | 72946 |
| aircraft, and sales of repair, remodeling, replacement, or | 72947 |
| maintenance services in this state performed on aircraft or on an | 72948 |
| aircraft's avionics, engine, or component materials or parts. As | 72949 |
| used in division (B)(49) of this section, "aircraft" means | 72950 |
| aircraft of more than six thousand pounds maximum certified | 72951 |
| takeoff weight or used exclusively in general aviation. | 72952 |
| (50) Sales of full flight simulators that are used for pilot | 72953 |
| or flight-crew training, sales of repair or replacement parts or | 72954 |
| components, and sales of repair or maintenance services for such | 72955 |
| full flight simulators. "Full flight simulator" means a replica of | 72956 |
| a specific type, or make, model, and series of aircraft cockpit. | 72957 |
| It includes the assemblage of equipment and computer programs | 72958 |
| necessary to represent aircraft operations in ground and flight | 72959 |
| conditions, a visual system providing an out-of-the-cockpit view, | 72960 |
| and a system that provides cues at least equivalent to those of a | 72961 |
| three-degree-of-freedom motion system, and has the full range of | 72962 |
| capabilities of the systems installed in the device as described | 72963 |
| in appendices A and B of part 60 of chapter 1 of title 14 of the | 72964 |
| Code of Federal Regulations. | 72965 |
| (51) Any transfer or lease of tangible personal property | 72966 |
| between the state and a successful proposer in accordance with | 72967 |
| sections 126.60 to 126.605 of the Revised Code, provided the | 72968 |
| property is part of a project as defined in section 126.60 of the | 72969 |
| Revised Code and the state retains ownership of the project or | 72970 |
| part thereof that is being transferred or leased, between the | 72971 |
| state and JobsOhio in accordance with section 4313.02 of the | 72972 |
| Revised Code. | 72973 |
| (C) For the purpose of the proper administration of this | 72974 |
| chapter, and to prevent the evasion of the tax, it is presumed | 72975 |
| that all sales made in this state are subject to the tax until the | 72976 |
| contrary is established. | 72977 |
| (D) The levy of this tax on retail sales of recreation and | 72978 |
| sports club service shall not prevent a municipal corporation from | 72979 |
| levying any tax on recreation and sports club dues or on any | 72980 |
| income generated by recreation and sports club dues. | 72981 |
| (E) The tax collected by the vendor from the consumer under | 72982 |
| this chapter is not part of the price, but is a tax collection for | 72983 |
| the benefit of the state, and of counties levying an additional | 72984 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 72985 |
| Code and of transit authorities levying an additional sales tax | 72986 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 72987 |
| discount authorized under section 5739.12 of the Revised Code and | 72988 |
| the effects of any rounding pursuant to section 5703.055 of the | 72989 |
| Revised Code, no person other than the state or such a county or | 72990 |
| transit authority shall derive any benefit from the collection or | 72991 |
| payment of the tax levied by this section or section 5739.021, | 72992 |
| 5739.023, or 5739.026 of the Revised Code. | 72993 |
| Sec. 5739.021. (A) For the purpose of providing additional | 72994 |
| general revenues for the county or supporting criminal and | 72995 |
| administrative justice services in the county, or both, and to pay | 72996 |
| the expenses of administering such levy, any county may levy a tax | 72997 |
| at the rate of not more than one per cent at any multiple of | 72998 |
| one-fourth of one per cent upon every retail sale made in the | 72999 |
| county, except sales of watercraft and outboard motors required to | 73000 |
| be titled pursuant to Chapter 1548. of the Revised Code and sales | 73001 |
| of motor vehicles, and may increase the rate of an existing tax to | 73002 |
| not more than one per cent at any multiple of one-fourth of one | 73003 |
| per cent. | 73004 |
| The tax shall be levied and the rate increased pursuant to a | 73005 |
| resolution of the board of county commissioners. The resolution | 73006 |
| shall state the purpose for which the tax is to be levied and the | 73007 |
| number of years for which the tax is to be levied, or that it is | 73008 |
| for a continuing period of time. If the tax is to be levied for | 73009 |
| the purpose of providing additional general revenues and for the | 73010 |
| purpose of supporting criminal and administrative justice | 73011 |
| services, the resolution shall state the rate or amount of the tax | 73012 |
| to be apportioned to each such purpose. The rate or amount may be | 73013 |
| different for each year the tax is to be levied, but the rates or | 73014 |
| amounts actually apportioned each year shall not be different from | 73015 |
| that stated in the resolution for that year. If the resolution is | 73016 |
| adopted as an emergency measure necessary for the immediate | 73017 |
| preservation of the public peace, health, or safety, it must | 73018 |
| receive an affirmative vote of all of the members of the board of | 73019 |
| county commissioners and shall state the reasons for such | 73020 |
| necessity. The board shall deliver a certified copy of the | 73021 |
| resolution to the tax commissioner, not later than the sixty-fifth | 73022 |
| day prior to the date on which the tax is to become effective, | 73023 |
| which shall be the first day of the calendar quarter. | 73024 |
| Prior to the adoption of any resolution under this section, | 73025 |
| the board of county commissioners shall conduct two public | 73026 |
| hearings on the resolution, the second hearing to be not less than | 73027 |
| three nor more than ten days after the first. Notice of the date, | 73028 |
| time, and place of the hearings shall be given by publication in a | 73029 |
| newspaper of general circulation in the county, or as provided in | 73030 |
| section 7.16 of the Revised Code, once a week on the same day of | 73031 |
| the week for two consecutive weeks, the second publication being | 73032 |
| not less than ten nor more than thirty days prior to the first | 73033 |
| hearing. | 73034 |
| Except as provided in division (B)(3) of this section, the | 73035 |
| resolution shall be subject to a referendum as provided in | 73036 |
| sections 305.31 to 305.41 of the Revised Code. | 73037 |
| If a petition for a referendum is filed, the county auditor | 73038 |
| with whom the petition was filed shall, within five days, notify | 73039 |
| the board of county commissioners and the tax commissioner of the | 73040 |
| filing of the petition by certified mail. If the board of | 73041 |
| elections with which the petition was filed declares the petition | 73042 |
| invalid, the board of elections, within five days, shall notify | 73043 |
| the board of county commissioners and the tax commissioner of that | 73044 |
| declaration by certified mail. If the petition is declared to be | 73045 |
| invalid, the effective date of the tax or increased rate of tax | 73046 |
| levied by this section shall be the first day of a calendar | 73047 |
| quarter following the expiration of sixty-five days from the date | 73048 |
| the commissioner receives notice from the board of elections that | 73049 |
| the petition is invalid. | 73050 |
| (B)(1) A resolution that is not adopted as an emergency | 73051 |
| measure may direct the board of elections to submit the question | 73052 |
| of levying the tax or increasing the rate of tax to the electors | 73053 |
| of the county at a special election held on the date specified by | 73054 |
| the board of county commissioners in the resolution, provided that | 73055 |
| the election occurs not less than ninety days after a certified | 73056 |
| copy of such resolution is transmitted to the board of elections | 73057 |
| and the election is not held in February or August of any year. | 73058 |
| Upon transmission of the resolution to the board of elections, the | 73059 |
| board of county commissioners shall notify the tax commissioner in | 73060 |
| writing of the levy question to be submitted to the electors. No | 73061 |
| resolution adopted under this division shall go into effect unless | 73062 |
| approved by a majority of those voting upon it, and, except as | 73063 |
| provided in division (B)(3) of this section, shall become | 73064 |
| effective on the first day of a calendar quarter following the | 73065 |
| expiration of sixty-five days from the date the tax commissioner | 73066 |
| receives notice from the board of elections of the affirmative | 73067 |
| vote. | 73068 |
| (2) A resolution that is adopted as an emergency measure | 73069 |
| shall go into effect as provided in division (A) of this section, | 73070 |
| but may direct the board of elections to submit the question of | 73071 |
| repealing the tax or increase in the rate of the tax to the | 73072 |
| electors of the county at the next general election in the county | 73073 |
| occurring not less than ninety days after a certified copy of the | 73074 |
| resolution is transmitted to the board of elections. Upon | 73075 |
| transmission of the resolution to the board of elections, the | 73076 |
| board of county commissioners shall notify the tax commissioner in | 73077 |
| writing of the levy question to be submitted to the electors. The | 73078 |
| ballot question shall be the same as that prescribed in section | 73079 |
| 5739.022 of the Revised Code. The board of elections shall notify | 73080 |
| the board of county commissioners and the tax commissioner of the | 73081 |
| result of the election immediately after the result has been | 73082 |
| declared. If a majority of the qualified electors voting on the | 73083 |
| question of repealing the tax or increase in the rate of the tax | 73084 |
| vote for repeal of the tax or repeal of the increase, the board of | 73085 |
| county commissioners, on the first day of a calendar quarter | 73086 |
| following the expiration of sixty-five days after the date the | 73087 |
| board and tax commissioner receive notice of the result of the | 73088 |
| election, shall, in the case of a repeal of the tax, cease to levy | 73089 |
| the tax, or, in the case of a repeal of an increase in the rate of | 73090 |
| the tax, cease to levy the increased rate and levy the tax at the | 73091 |
| rate at which it was imposed immediately prior to the increase in | 73092 |
| rate. | 73093 |
| (3) If a vendor | 73094 |
| 73095 | |
| 73096 | |
| the consumer computed the tax on the sale based on local rates | 73097 |
| published in the catalog, any tax levied or repealed or rate | 73098 |
| changed under this section shall not apply to such a sale until | 73099 |
| the first day of a calendar quarter following the expiration of | 73100 |
| one hundred twenty days from the date of notice by the tax | 73101 |
| commissioner pursuant to division (H) of this section. | 73102 |
| (C) If a resolution is rejected at a referendum or if a | 73103 |
| resolution adopted after January 1, 1982, as an emergency measure | 73104 |
| is repealed by the electors pursuant to division (B)(2) of this | 73105 |
| section or section 5739.022 of the Revised Code, then for one year | 73106 |
| after the date of the election at which the resolution was | 73107 |
| rejected or repealed the board of county commissioners may not | 73108 |
| adopt any resolution authorized by this section as an emergency | 73109 |
| measure. | 73110 |
| (D) The board of county commissioners, at any time while a | 73111 |
| tax levied under this section is in effect, may by resolution | 73112 |
| reduce the rate at which the tax is levied to a lower rate | 73113 |
| authorized by this section. Any reduction in the rate at which the | 73114 |
| tax is levied shall be made effective on the first day of a | 73115 |
| calendar quarter next following the sixty-fifth day after a | 73116 |
| certified copy of the resolution is delivered to the tax | 73117 |
| commissioner. | 73118 |
| (E) The tax on every retail sale subject to a tax levied | 73119 |
| pursuant to this section shall be in addition to the tax levied by | 73120 |
| section 5739.02 of the Revised Code and any tax levied pursuant to | 73121 |
| section 5739.023 or 5739.026 of the Revised Code. | 73122 |
| A county that levies a tax pursuant to this section shall | 73123 |
| levy a tax at the same rate pursuant to section 5741.021 of the | 73124 |
| Revised Code. | 73125 |
| The additional tax levied by the county shall be collected | 73126 |
| pursuant to section 5739.025 of the Revised Code. If the | 73127 |
| additional tax or some portion thereof is levied for the purpose | 73128 |
| of criminal and administrative justice services, the revenue from | 73129 |
| the tax, or the amount or rate apportioned to that purpose, shall | 73130 |
| be credited to a special fund created in the county treasury for | 73131 |
| receipt of that revenue. | 73132 |
| Any tax levied pursuant to this section is subject to the | 73133 |
| exemptions provided in section 5739.02 of the Revised Code and in | 73134 |
| addition shall not be applicable to sales not within the taxing | 73135 |
| power of a county under the Constitution of the United States or | 73136 |
| the Ohio Constitution. | 73137 |
| (F) For purposes of this section, a copy of a resolution is | 73138 |
| "certified" when it contains a written statement attesting that | 73139 |
| the copy is a true and exact reproduction of the original | 73140 |
| resolution. | 73141 |
| (G) If a board of commissioners intends to adopt a resolution | 73142 |
| to levy a tax in whole or in part for the purpose of criminal and | 73143 |
| administrative justice services, the board shall prepare and make | 73144 |
| available at the first public hearing at which the resolution is | 73145 |
| considered a statement containing the following information: | 73146 |
| (1) For each of the two preceding fiscal years, the amount of | 73147 |
| expenditures made by the county from the county general fund for | 73148 |
| the purpose of criminal and administrative justice services; | 73149 |
| (2) For the fiscal year in which the resolution is adopted, | 73150 |
| the board's estimate of the amount of expenditures to be made by | 73151 |
| the county from the county general fund for the purpose of | 73152 |
| criminal and administrative justice services; | 73153 |
| (3) For each of the two fiscal years after the fiscal year in | 73154 |
| which the resolution is adopted, the board's preliminary plan for | 73155 |
| expenditures to be made from the county general fund for the | 73156 |
| purpose of criminal and administrative justice services, both | 73157 |
| under the assumption that the tax will be imposed for that purpose | 73158 |
| and under the assumption that the tax would not be imposed for | 73159 |
| that purpose, and for expenditures to be made from the special | 73160 |
| fund created under division (E) of this section under the | 73161 |
| assumption that the tax will be imposed for that purpose. | 73162 |
| The board shall prepare the statement and the preliminary | 73163 |
| plan using the best information available to the board at the time | 73164 |
| the statement is prepared. Neither the statement nor the | 73165 |
| preliminary plan shall be used as a basis to challenge the | 73166 |
| validity of the tax in any court of competent jurisdiction, nor | 73167 |
| shall the statement or preliminary plan limit the authority of the | 73168 |
| board to appropriate, pursuant to section 5705.38 of the Revised | 73169 |
| Code, an amount different from that specified in the preliminary | 73170 |
| plan. | 73171 |
| (H) Upon receipt from a board of county commissioners of a | 73172 |
| certified copy of a resolution required by division (A) or (D) of | 73173 |
| this section, or from the board of elections of a notice of the | 73174 |
| results of an election required by division (A) or (B)(1) or (2) | 73175 |
| of this section, the tax commissioner shall provide notice of a | 73176 |
| tax rate change in a manner that is reasonably accessible to all | 73177 |
| affected vendors. The commissioner shall provide this notice at | 73178 |
| least sixty days prior to the effective date of the rate change. | 73179 |
| The commissioner, by rule, may establish the method by which | 73180 |
| notice will be provided. | 73181 |
| (I) As used in this section, "criminal and administrative | 73182 |
| justice services" means the exercise by the county sheriff of all | 73183 |
| powers and duties vested in that office by law; the exercise by | 73184 |
| the county prosecuting attorney of all powers and duties vested in | 73185 |
| that office by law; the exercise by any court in the county of all | 73186 |
| powers and duties vested in that court; the exercise by the clerk | 73187 |
| of the court of common pleas, any clerk of a municipal court | 73188 |
| having jurisdiction throughout the county, or the clerk of any | 73189 |
| county court of all powers and duties vested in the clerk by law | 73190 |
| except, in the case of the clerk of the court of common pleas, the | 73191 |
| titling of motor vehicles or watercraft pursuant to Chapter 1548. | 73192 |
| or 4505. of the Revised Code; the exercise by the county coroner | 73193 |
| of all powers and duties vested in that office by law; making | 73194 |
| payments to any other public agency or a private, nonprofit | 73195 |
| agency, the purposes of which in the county include the diversion, | 73196 |
| adjudication, detention, or rehabilitation of criminals or | 73197 |
| juvenile offenders; the operation and maintenance of any detention | 73198 |
| facility, as defined in section 2921.01 of the Revised Code; and | 73199 |
| the construction, acquisition, equipping, or repair of such a | 73200 |
| detention facility, including the payment of any debt charges | 73201 |
| incurred in the issuance of securities pursuant to Chapter 133. of | 73202 |
| the Revised Code for the purpose of constructing, acquiring, | 73203 |
| equipping, or repairing such a facility. | 73204 |
| Sec. 5739.023. (A)(1) For the purpose of providing | 73205 |
| additional general revenues for a transit authority and paying the | 73206 |
| expenses of administering such levy, any transit authority as | 73207 |
| defined in division (U) of section 5739.01 of the Revised Code may | 73208 |
| levy a tax upon every retail sale made in the territory of the | 73209 |
| transit authority, except sales of watercraft and outboard motors | 73210 |
| required to be titled pursuant to Chapter 1548. of the Revised | 73211 |
| Code and sales of motor vehicles, at a rate of not more than one | 73212 |
| and one-half per cent at any multiple of one-fourth of one per | 73213 |
| cent and may increase the existing rate of tax to not more than | 73214 |
| one and one-half per cent at any multiple of one-fourth of one per | 73215 |
| cent. The tax shall be levied and the rate increased pursuant to a | 73216 |
| resolution of the legislative authority of the transit authority | 73217 |
| and a certified copy of the resolution shall be delivered by the | 73218 |
| fiscal officer to the board of elections as provided in section | 73219 |
| 3505.071 of the Revised Code and to the tax commissioner. The | 73220 |
| resolution shall specify the number of years for which the tax is | 73221 |
| to be in effect or that the tax is for a continuing period of | 73222 |
| time, and the date of the election on the question of the tax | 73223 |
| pursuant to section 306.70 of the Revised Code. The board of | 73224 |
| elections shall certify the results of the election to the transit | 73225 |
| authority and tax commissioner. | 73226 |
| (2) Except as provided in division (C) of this section, the | 73227 |
| tax levied by the resolution shall become effective on the first | 73228 |
| day of a calendar quarter next following the sixty-fifth day | 73229 |
| following the date the tax commissioner receives from the board of | 73230 |
| elections the certification of the results of the election on the | 73231 |
| question of the tax. | 73232 |
| (B) The legislative authority may, at any time while the tax | 73233 |
| is in effect, by resolution fix the rate of the tax at any rate | 73234 |
| authorized by this section and not in excess of that approved by | 73235 |
| the voters pursuant to section 306.70 of the Revised Code. Except | 73236 |
| as provided in division (C) of this section, any change in the | 73237 |
| rate of the tax shall be made effective on the first day of a | 73238 |
| calendar quarter next following the sixty-fifth day following the | 73239 |
| date the tax commissioner receives the certification of the | 73240 |
| resolution; provided, that in any case where bonds, or notes in | 73241 |
| anticipation of bonds, of a regional transit authority have been | 73242 |
| issued under section 306.40 of the Revised Code without a vote of | 73243 |
| the electors while the tax proposed to be reduced was in effect, | 73244 |
| the board of trustees of the regional transit authority shall | 73245 |
| continue to levy and collect under authority of the original | 73246 |
| election authorizing the tax a rate of tax that the board of | 73247 |
| trustees reasonably estimates will produce an amount in that year | 73248 |
| equal to the amount of principal of and interest on those bonds as | 73249 |
| is payable in that year. | 73250 |
| (C) Upon receipt from the board of elections of the | 73251 |
| certification of the results of the election required by division | 73252 |
| (A) of this section, or from the legislative authority of the | 73253 |
| certification of a resolution under division (B) of this section, | 73254 |
| the tax commissioner shall provide notice of a tax rate change in | 73255 |
| a manner that is reasonably accessible to all affected vendors. | 73256 |
| The commissioner shall provide this notice at least sixty days | 73257 |
| prior to the effective date of the rate change. The commissioner, | 73258 |
| by rule, may establish the method by which notice will be | 73259 |
| provided. | 73260 |
| (D) If a vendor | 73261 |
| 73262 | |
| 73263 | |
| the consumer computed the tax on the sale based on local rates | 73264 |
| published in the catalog, any tax levied or rate changed under | 73265 |
| this section shall not apply to such a sale until the first day of | 73266 |
| a calendar quarter following the expiration of one hundred twenty | 73267 |
| days from the date of notice by the tax commissioner pursuant to | 73268 |
| division (C) of this section. | 73269 |
| (E) The tax on every retail sale subject to a tax levied | 73270 |
| pursuant to this section is in addition to the tax levied by | 73271 |
| section 5739.02 of the Revised Code and any tax levied pursuant to | 73272 |
| section 5739.021 or 5739.026 of the Revised Code. | 73273 |
| (F) The additional tax levied by the transit authority shall | 73274 |
| be collected pursuant to section 5739.025 of the Revised Code. | 73275 |
| (G) Any tax levied pursuant to this section is subject to the | 73276 |
| exemptions provided in section 5739.02 of the Revised Code and in | 73277 |
| addition shall not be applicable to sales not within the taxing | 73278 |
| power of a transit authority under the constitution of the United | 73279 |
| States or the constitution of this state. | 73280 |
| (H) The rate of a tax levied under this section is subject to | 73281 |
| reduction under section 5739.028 of the Revised Code, if a ballot | 73282 |
| question is approved by voters pursuant to that section. | 73283 |
| Sec. 5739.026. (A) A board of county commissioners may levy | 73284 |
| a tax of one-fourth or one-half of one per cent on every retail | 73285 |
| sale in the county, except sales of watercraft and outboard motors | 73286 |
| required to be titled pursuant to Chapter 1548. of the Revised | 73287 |
| Code and sales of motor vehicles, and may increase an existing | 73288 |
| rate of one-fourth of one per cent to one-half of one per cent, to | 73289 |
| pay the expenses of administering the tax and, except as provided | 73290 |
| in division (A)(6) of this section, for any one or more of the | 73291 |
| following purposes provided that the aggregate levy for all such | 73292 |
| purposes does not exceed one-half of one per cent: | 73293 |
| (1) To provide additional revenues for the payment of bonds | 73294 |
| or notes issued in anticipation of bonds issued by a convention | 73295 |
| facilities authority established by the board of county | 73296 |
| commissioners under Chapter 351. of the Revised Code and to | 73297 |
| provide additional operating revenues for the convention | 73298 |
| facilities authority; | 73299 |
| (2) To provide additional revenues for a transit authority | 73300 |
| operating in the county; | 73301 |
| (3) To provide additional revenue for the county's general | 73302 |
| fund; | 73303 |
| (4) To provide additional revenue for permanent improvements | 73304 |
| within the county to be distributed by the community improvements | 73305 |
| board in accordance with section 307.283 and to pay principal, | 73306 |
| interest, and premium on bonds issued under section 307.284 of the | 73307 |
| Revised Code; | 73308 |
| (5) To provide additional revenue for the acquisition, | 73309 |
| construction, equipping, or repair of any specific permanent | 73310 |
| improvement or any class or group of permanent improvements, which | 73311 |
| improvement or class or group of improvements shall be enumerated | 73312 |
| in the resolution required by division (D) of this section, and to | 73313 |
| pay principal, interest, premium, and other costs associated with | 73314 |
| the issuance of bonds or notes in anticipation of bonds issued | 73315 |
| pursuant to Chapter 133. of the Revised Code for the acquisition, | 73316 |
| construction, equipping, or repair of the specific permanent | 73317 |
| improvement or class or group of permanent improvements; | 73318 |
| (6) To provide revenue for the implementation and operation | 73319 |
| of a 9-1-1 system in the county. If the tax is levied or the rate | 73320 |
| increased exclusively for such purpose, the tax shall not be | 73321 |
| levied or the rate increased for more than five years. At the end | 73322 |
| of the last year the tax is levied or the rate increased, any | 73323 |
| balance remaining in the special fund established for such purpose | 73324 |
| shall remain in that fund and be used exclusively for such purpose | 73325 |
| until the fund is completely expended, and, notwithstanding | 73326 |
| section 5705.16 of the Revised Code, the board of county | 73327 |
| commissioners shall not petition for the transfer of money from | 73328 |
| such special fund, and the tax commissioner shall not approve such | 73329 |
| a petition. | 73330 |
| If the tax is levied or the rate increased for such purpose | 73331 |
| for more than five years, the board of county commissioners also | 73332 |
| shall levy the tax or increase the rate of the tax for one or more | 73333 |
| of the purposes described in divisions (A)(1) to (5) of this | 73334 |
| section and shall prescribe the method for allocating the revenues | 73335 |
| from the tax each year in the manner required by division (C) of | 73336 |
| this section. | 73337 |
| (7) To provide additional revenue for the operation or | 73338 |
| maintenance of a detention facility, as that term is defined under | 73339 |
| division (F) of section 2921.01 of the Revised Code; | 73340 |
| (8) To provide revenue to finance the construction or | 73341 |
| renovation of a sports facility, but only if the tax is levied for | 73342 |
| that purpose in the manner prescribed by section 5739.028 of the | 73343 |
| Revised Code. | 73344 |
| As used in division (A)(8) of this section: | 73345 |
| (a) "Sports facility" means a facility intended to house | 73346 |
| major league professional athletic teams. | 73347 |
| (b) "Constructing" or "construction" includes providing | 73348 |
| fixtures, furnishings, and equipment. | 73349 |
| (9) To provide additional revenue for the acquisition of | 73350 |
| agricultural easements, as defined in section 5301.67 of the | 73351 |
| Revised Code; to pay principal, interest, and premium on bonds | 73352 |
| issued under section 133.60 of the Revised Code; and for the | 73353 |
| supervision and enforcement of agricultural easements held by the | 73354 |
| county; | 73355 |
| (10) To provide revenue for the provision of ambulance, | 73356 |
| paramedic, or other emergency medical services. | 73357 |
| Pursuant to section 755.171 of the Revised Code, a board of | 73358 |
| county commissioners may pledge and contribute revenue from a tax | 73359 |
| levied for the purpose of division (A)(5) of this section to the | 73360 |
| payment of debt charges on bonds issued under section 755.17 of | 73361 |
| the Revised Code. | 73362 |
| The rate of tax shall be a multiple of one-fourth of one per | 73363 |
| cent, unless a portion of the rate of an existing tax levied under | 73364 |
| section 5739.023 of the Revised Code has been reduced, and the | 73365 |
| rate of tax levied under this section has been increased, pursuant | 73366 |
| to section 5739.028 of the Revised Code, in which case the | 73367 |
| aggregate of the rates of tax levied under this section and | 73368 |
| section 5739.023 of the Revised Code shall be a multiple of | 73369 |
| one-fourth of one per cent. The tax shall be levied and the rate | 73370 |
| increased pursuant to a resolution adopted by a majority of the | 73371 |
| members of the board. The board shall deliver a certified copy of | 73372 |
| the resolution to the tax commissioner, not later than the | 73373 |
| sixty-fifth day prior to the date on which the tax is to become | 73374 |
| effective, which shall be the first day of a calendar quarter. | 73375 |
| Prior to the adoption of any resolution to levy the tax or to | 73376 |
| increase the rate of tax exclusively for the purpose set forth in | 73377 |
| division (A)(3) of this section, the board of county commissioners | 73378 |
| shall conduct two public hearings on the resolution, the second | 73379 |
| hearing to be no fewer than three nor more than ten days after the | 73380 |
| first. Notice of the date, time, and place of the hearings shall | 73381 |
| be given by publication in a newspaper of general circulation in | 73382 |
| the county, or as provided in section 7.16 of the Revised Code, | 73383 |
| once a week on the same day of the week for two consecutive weeks. | 73384 |
| The second publication shall be no fewer than ten nor more than | 73385 |
| thirty days prior to the first hearing. Except as provided in | 73386 |
| division (E) of this section, the resolution shall be subject to a | 73387 |
| referendum as provided in sections 305.31 to 305.41 of the Revised | 73388 |
| Code. If the resolution is adopted as an emergency measure | 73389 |
| necessary for the immediate preservation of the public peace, | 73390 |
| health, or safety, it must receive an affirmative vote of all of | 73391 |
| the members of the board of county commissioners and shall state | 73392 |
| the reasons for the necessity. | 73393 |
| If the tax is for more than one of the purposes set forth in | 73394 |
| divisions (A)(1) to (7), (9), and (10) of this section, or is | 73395 |
| exclusively for one of the purposes set forth in division (A)(1), | 73396 |
| (2), (4), (5), (6), (7), (9), or (10) of this section, the | 73397 |
| resolution shall not go into effect unless it is approved by a | 73398 |
| majority of the electors voting on the question of the tax. | 73399 |
| (B) The board of county commissioners shall adopt a | 73400 |
| resolution under section 351.02 of the Revised Code creating the | 73401 |
| convention facilities authority, or under section 307.283 of the | 73402 |
| Revised Code creating the community improvements board, before | 73403 |
| adopting a resolution levying a tax for the purpose of a | 73404 |
| convention facilities authority under division (A)(1) of this | 73405 |
| section or for the purpose of a community improvements board under | 73406 |
| division (A)(4) of this section. | 73407 |
| (C)(1) If the tax is to be used for more than one of the | 73408 |
| purposes set forth in divisions (A)(1) to (7), (9), and (10) of | 73409 |
| this section, the board of county commissioners shall establish | 73410 |
| the method that will be used to determine the amount or proportion | 73411 |
| of the tax revenue received by the county during each year that | 73412 |
| will be distributed for each of those purposes, including, if | 73413 |
| applicable, provisions governing the reallocation of a convention | 73414 |
| facilities authority's allocation if the authority is dissolved | 73415 |
| while the tax is in effect. The allocation method may provide that | 73416 |
| different proportions or amounts of the tax shall be distributed | 73417 |
| among the purposes in different years, but it shall clearly | 73418 |
| describe the method that will be used for each year. Except as | 73419 |
| otherwise provided in division (C)(2) of this section, the | 73420 |
| allocation method established by the board is not subject to | 73421 |
| amendment during the life of the tax. | 73422 |
| (2) Subsequent to holding a public hearing on the proposed | 73423 |
| amendment, the board of county commissioners may amend the | 73424 |
| allocation method established under division (C)(1) of this | 73425 |
| section for any year, if the amendment is approved by the | 73426 |
| governing board of each entity whose allocation for the year would | 73427 |
| be reduced by the proposed amendment. In the case of a tax that is | 73428 |
| levied for a continuing period of time, the board may not so amend | 73429 |
| the allocation method for any year before the sixth year that the | 73430 |
| tax is in effect. | 73431 |
| (a) If the additional revenues provided to the convention | 73432 |
| facilities authority are pledged by the authority for the payment | 73433 |
| of convention facilities authority revenue bonds for as long as | 73434 |
| such bonds are outstanding, no reduction of the authority's | 73435 |
| allocation of the tax shall be made for any year except to the | 73436 |
| extent that the reduced authority allocation, when combined with | 73437 |
| the authority's other revenues pledged for that purpose, is | 73438 |
| sufficient to meet the debt service requirements for that year on | 73439 |
| such bonds. | 73440 |
| (b) If the additional revenues provided to the county are | 73441 |
| pledged by the county for the payment of bonds or notes described | 73442 |
| in division (A)(4) or (5) of this section, for as long as such | 73443 |
| bonds or notes are outstanding, no reduction of the county's or | 73444 |
| the community improvements board's allocation of the tax shall be | 73445 |
| made for any year, except to the extent that the reduced county or | 73446 |
| community improvements board allocation is sufficient to meet the | 73447 |
| debt service requirements for that year on such bonds or notes. | 73448 |
| (c) If the additional revenues provided to the transit | 73449 |
| authority are pledged by the authority for the payment of revenue | 73450 |
| bonds issued under section 306.37 of the Revised Code, for as long | 73451 |
| as such bonds are outstanding, no reduction of the authority's | 73452 |
| allocation of tax shall be made for any year, except to the extent | 73453 |
| that the authority's reduced allocation, when combined with the | 73454 |
| authority's other revenues pledged for that purpose, is sufficient | 73455 |
| to meet the debt service requirements for that year on such bonds. | 73456 |
| (d) If the additional revenues provided to the county are | 73457 |
| pledged by the county for the payment of bonds or notes issued | 73458 |
| under section 133.60 of the Revised Code, for so long as the bonds | 73459 |
| or notes are outstanding, no reduction of the county's allocation | 73460 |
| of the tax shall be made for any year, except to the extent that | 73461 |
| the reduced county allocation is sufficient to meet the debt | 73462 |
| service requirements for that year on the bonds or notes. | 73463 |
| (D)(1) The resolution levying the tax or increasing the rate | 73464 |
| of tax shall state the rate of the tax or the rate of the | 73465 |
| increase; the purpose or purposes for which it is to be levied; | 73466 |
| the number of years for which it is to be levied or that it is for | 73467 |
| a continuing period of time; the allocation method required by | 73468 |
| division (C) of this section; and if required to be submitted to | 73469 |
| the electors of the county under division (A) of this section, the | 73470 |
| date of the election at which the proposal shall be submitted to | 73471 |
| the electors of the county, which shall be not less than ninety | 73472 |
| days after the certification of a copy of the resolution to the | 73473 |
| board of elections and, if the tax is to be levied exclusively for | 73474 |
| the purpose set forth in division (A)(3) of this section, shall | 73475 |
| not occur in February or August of any year. Upon certification of | 73476 |
| the resolution to the board of elections, the board of county | 73477 |
| commissioners shall notify the tax commissioner in writing of the | 73478 |
| levy question to be submitted to the electors. If approved by a | 73479 |
| majority of the electors, the tax shall become effective on the | 73480 |
| first day of a calendar quarter next following the sixty-fifth day | 73481 |
| following the date the board of county commissioners and tax | 73482 |
| commissioner receive from the board of elections the certification | 73483 |
| of the results of the election, except as provided in division (E) | 73484 |
| of this section. | 73485 |
| (2)(a) A resolution specifying that the tax is to be used | 73486 |
| exclusively for the purpose set forth in division (A)(3) of this | 73487 |
| section that is not adopted as an emergency measure may direct the | 73488 |
| board of elections to submit the question of levying the tax or | 73489 |
| increasing the rate of the tax to the electors of the county at a | 73490 |
| special election held on the date specified by the board of county | 73491 |
| commissioners in the resolution, provided that the election occurs | 73492 |
| not less than ninety days after the resolution is certified to the | 73493 |
| board of elections and the election is not held in February or | 73494 |
| August of any year. Upon certification of the resolution to the | 73495 |
| board of elections, the board of county commissioners shall notify | 73496 |
| the tax commissioner in writing of the levy question to be | 73497 |
| submitted to the electors. No resolution adopted under division | 73498 |
| (D)(2)(a) of this section shall go into effect unless approved by | 73499 |
| a majority of those voting upon it and, except as provided in | 73500 |
| division (E) of this section, not until the first day of a | 73501 |
| calendar quarter following the expiration of sixty-five days from | 73502 |
| the date the tax commissioner receives notice from the board of | 73503 |
| elections of the affirmative vote. | 73504 |
| (b) A resolution specifying that the tax is to be used | 73505 |
| exclusively for the purpose set forth in division (A)(3) of this | 73506 |
| section that is adopted as an emergency measure shall become | 73507 |
| effective as provided in division (A) of this section, but may | 73508 |
| direct the board of elections to submit the question of repealing | 73509 |
| the tax or increase in the rate of the tax to the electors of the | 73510 |
| county at the next general election in the county occurring not | 73511 |
| less than ninety days after the resolution is certified to the | 73512 |
| board of elections. Upon certification of the resolution to the | 73513 |
| board of elections, the board of county commissioners shall notify | 73514 |
| the tax commissioner in writing of the levy question to be | 73515 |
| submitted to the electors. The ballot question shall be the same | 73516 |
| as that prescribed in section 5739.022 of the Revised Code. The | 73517 |
| board of elections shall notify the board of county commissioners | 73518 |
| and the tax commissioner of the result of the election immediately | 73519 |
| after the result has been declared. If a majority of the qualified | 73520 |
| electors voting on the question of repealing the tax or increase | 73521 |
| in the rate of the tax vote for repeal of the tax or repeal of the | 73522 |
| increase, the board of county commissioners, on the first day of a | 73523 |
| calendar quarter following the expiration of sixty-five days after | 73524 |
| the date the board and tax commissioner received notice of the | 73525 |
| result of the election, shall, in the case of a repeal of the tax, | 73526 |
| cease to levy the tax, or, in the case of a repeal of an increase | 73527 |
| in the rate of the tax, cease to levy the increased rate and levy | 73528 |
| the tax at the rate at which it was imposed immediately prior to | 73529 |
| the increase in rate. | 73530 |
| (c) A board of county commissioners, by resolution, may | 73531 |
| reduce the rate of a tax levied exclusively for the purpose set | 73532 |
| forth in division (A)(3) of this section to a lower rate | 73533 |
| authorized by this section. Any such reduction shall be made | 73534 |
| effective on the first day of the calendar quarter next following | 73535 |
| the sixty-fifth day after the tax commissioner receives a | 73536 |
| certified copy of the resolution from the board. | 73537 |
| (E) If a vendor | 73538 |
| 73539 | |
| 73540 | |
| the consumer computed the tax on the sale based on local rates | 73541 |
| published in the catalog, any tax levied or repealed or rate | 73542 |
| changed under this section shall not apply to such a sale until | 73543 |
| the first day of a calendar quarter following the expiration of | 73544 |
| one hundred twenty days from the date of notice by the tax | 73545 |
| commissioner pursuant to division (G) of this section. | 73546 |
| (F) The tax levied pursuant to this section shall be in | 73547 |
| addition to the tax levied by section 5739.02 of the Revised Code | 73548 |
| and any tax levied pursuant to section 5739.021 or 5739.023 of the | 73549 |
| Revised Code. | 73550 |
| A county that levies a tax pursuant to this section shall | 73551 |
| levy a tax at the same rate pursuant to section 5741.023 of the | 73552 |
| Revised Code. | 73553 |
| The additional tax levied by the county shall be collected | 73554 |
| pursuant to section 5739.025 of the Revised Code. | 73555 |
| Any tax levied pursuant to this section is subject to the | 73556 |
| exemptions provided in section 5739.02 of the Revised Code and in | 73557 |
| addition shall not be applicable to sales not within the taxing | 73558 |
| power of a county under the Constitution of the United States or | 73559 |
| the Ohio Constitution. | 73560 |
| (G) Upon receipt from a board of county commissioners of a | 73561 |
| certified copy of a resolution required by division (A) of this | 73562 |
| section, or from the board of elections a notice of the results of | 73563 |
| an election required by division (D)(1), (2)(a), (b), or (c) of | 73564 |
| this section, the tax commissioner shall provide notice of a tax | 73565 |
| rate change in a manner that is reasonably accessible to all | 73566 |
| affected vendors. The commissioner shall provide this notice at | 73567 |
| least sixty days prior to the effective date of the rate change. | 73568 |
| The commissioner, by rule, may establish the method by which | 73569 |
| notice will be provided. | 73570 |
| Sec. 5739.04. If modification of a county's jurisdictional | 73571 |
| boundaries or a transit authority's territory results in a change | 73572 |
| in the tax rate levied under section 5739.021, 5739.023, or | 73573 |
| 5739.026 of the Revised Code, the tax commissioner, within thirty | 73574 |
|
days of such change, shall notify any vendor | 73575 |
| 73576 | |
| 73577 | |
| service provider, if the vendor has selected one, of such change. | 73578 |
| The rate change shall not apply to sales made by such vendor until | 73579 |
| the first day of a calendar quarter following the expiration of | 73580 |
|
sixty days from the date of notice by the | 73581 |
| Sec. 5739.17. (A) No person shall engage in making retail | 73582 |
| sales subject to a tax imposed by or pursuant to section 5739.02, | 73583 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code as a business | 73584 |
| without having a license therefor, except as otherwise provided in | 73585 |
| divisions (A)(1), (2), and (3) of this section. | 73586 |
| (1) In the dissolution of a partnership by death, the | 73587 |
| surviving partner may operate under the license of the partnership | 73588 |
| for a period of sixty days. | 73589 |
| (2) The heirs or legal representatives of deceased persons, | 73590 |
| and receivers and trustees in bankruptcy, appointed by any | 73591 |
| competent authority, may operate under the license of the person | 73592 |
| so succeeded in possession. | 73593 |
| (3) Two or more persons who are not partners may operate a | 73594 |
| single place of business under one license. In such case neither | 73595 |
| the retirement of any such person from business at that place of | 73596 |
| business, nor the entrance of any person, under an existing | 73597 |
| arrangement, shall affect the license or require the issuance of a | 73598 |
| new license, unless the person retiring from the business is the | 73599 |
| individual named on the vendor's license. | 73600 |
| Except as otherwise provided in this section, each applicant | 73601 |
| for a license shall make out and deliver to the county auditor of | 73602 |
| each county in which the applicant desires to engage in business, | 73603 |
| upon a blank to be furnished by such auditor for that purpose, a | 73604 |
| statement showing the name of the applicant, each place of | 73605 |
| business in the county where the applicant will make retail sales, | 73606 |
| the nature of the business, and any other information the tax | 73607 |
| commissioner reasonably prescribes in the form of a statement | 73608 |
| prescribed by the commissioner. | 73609 |
| At the time of making the application, the applicant shall | 73610 |
| pay into the county treasury a license fee in the sum of | 73611 |
| twenty-five dollars for each fixed place of business in the county | 73612 |
| that will be the situs of retail sales. Upon receipt of the | 73613 |
| application and exhibition of the county treasurer's receipt, | 73614 |
| showing the payment of the license fee, the county auditor shall | 73615 |
| issue to the applicant a license for each fixed place of business | 73616 |
| designated in the application, authorizing the applicant to engage | 73617 |
|
in business at that location. | 73618 |
| (B) If a vendor's identity changes, the vendor shall apply | 73619 |
| for a new license. If a vendor wishes to move an existing fixed | 73620 |
| place of business to a new location within the same county, the | 73621 |
| vendor shall obtain a new vendor's license or submit a request to | 73622 |
|
the | 73623 |
| the new location. When the new location has been verified as being | 73624 |
| within the same county, the commissioner shall authorize the | 73625 |
| transfer and notify the county auditor of the change of location. | 73626 |
| If a vendor wishes to move an existing fixed place of business to | 73627 |
| another county, the vendor's license shall not transfer and the | 73628 |
| vendor shall obtain a new vendor's license from the county in | 73629 |
| which the business is to be located. The form of the license shall | 73630 |
| be prescribed by the commissioner. The fees collected shall be | 73631 |
| credited to the general fund of the county. If a vendor fails to | 73632 |
| notify the commissioner of a change of location of its fixed place | 73633 |
| of business or that its business has closed, the commissioner may | 73634 |
| cancel the vendor's license if ordinary mail sent to the location | 73635 |
| shown on the license is returned because of an undeliverable | 73636 |
| address. | 73637 |
| (C) The | 73638 |
| registration system whereby any vendor may obtain a vendor's | 73639 |
| license by submitting to the commissioner a vendor's license | 73640 |
| application and a license fee of twenty-five dollars for each | 73641 |
| fixed place of business at which the vendor intends to make retail | 73642 |
| sales. Under this registration system, the commissioner shall | 73643 |
| issue a vendor's license to the applicant on behalf of the county | 73644 |
| auditor of the county in which the applicant desires to engage in | 73645 |
| business, and shall forward a copy of the application and license | 73646 |
| fee to that county. All such license fees received by the | 73647 |
| commissioner for the issuance of vendor's licenses shall be | 73648 |
| deposited into the vendor's license application fund, which is | 73649 |
| hereby created in the state treasury. The commissioner shall | 73650 |
| certify to the director of budget and management within ten | 73651 |
| business days after the close of a month the license fees to be | 73652 |
| transmitted to each county from the vendor's license application | 73653 |
| fund for vendor's license applications received by the | 73654 |
| commissioner during that month. License fees transmitted to a | 73655 |
| county for which payment was not received by the commissioner may | 73656 |
| be netted against a future distribution to that county, including | 73657 |
| distributions made pursuant to section 5739.21 of the Revised | 73658 |
| Code. | 73659 |
| A vendor that makes retail sales subject to tax under Chapter | 73660 |
| 5739. of the Revised Code pursuant to a permit issued by the | 73661 |
| division of liquor control shall obtain a vendor's license in the | 73662 |
| identical name and for the identical address as shown on the | 73663 |
| permit. | 73664 |
| Except as otherwise provided in this section, if a vendor has | 73665 |
| no fixed place of business and sells from a vehicle, each vehicle | 73666 |
| intended to be used within a county constitutes a place of | 73667 |
| business for the purpose of this section. | 73668 |
| | 73669 |
| means any person who makes sales of tangible personal property | 73670 |
| from vending machines located on land owned by others, who leases | 73671 |
| titled motor vehicles, titled watercraft, or titled outboard | 73672 |
| motors, who effectuates leases that are taxed according to | 73673 |
| division (A)(2) of section 5739.02 of the Revised Code, or who, in | 73674 |
| the usual course of the person's business, transports inventory, | 73675 |
| stock of goods, or similar tangible personal property to a | 73676 |
| temporary place of business or temporary exhibition, show, fair, | 73677 |
| flea market, or similar event in a county in which the person has | 73678 |
| no fixed place of business, for the purpose of making retail sales | 73679 |
| of such property. A "temporary place of business" means any public | 73680 |
| or quasi-public place including, but not limited to, a hotel, | 73681 |
| rooming house, storeroom, building, part of a building, tent, | 73682 |
| vacant lot, railroad car, or motor vehicle that is temporarily | 73683 |
| occupied for the purpose of making retail sales of goods to the | 73684 |
| public. A place of business is not temporary if the same person | 73685 |
| conducted business at the place continuously for more than six | 73686 |
| months or occupied the premises as the person's permanent | 73687 |
| residence for more than six months, or if the person intends it to | 73688 |
| be a fixed place of business. | 73689 |
| Any transient vendor, in lieu of obtaining a vendor's license | 73690 |
| under division (A) of this section for counties in which the | 73691 |
| transient vendor has no fixed place of business, may apply to the | 73692 |
| tax commissioner, on a form prescribed by the commissioner, for a | 73693 |
| transient vendor's license. The transient vendor's license | 73694 |
| authorizes the transient vendor to make retail sales in any county | 73695 |
| in which the transient vendor does not maintain a fixed place of | 73696 |
| business. Any holder of a transient vendor's license shall not be | 73697 |
| required to obtain a separate vendor's license from the county | 73698 |
| auditor in that county. Upon the commissioner's determination that | 73699 |
| an applicant is a transient vendor, the applicant shall pay a | 73700 |
| license fee in the amount of twenty-five dollars, at which time | 73701 |
| the tax commissioner shall issue the license. The tax commissioner | 73702 |
| may require a vendor to be licensed as a transient vendor if, in | 73703 |
| the opinion of the commissioner, such licensing is necessary for | 73704 |
| the efficient administration of the tax. | 73705 |
| Any holder of a valid transient vendor's license may make | 73706 |
| retail sales at a temporary place of business or temporary | 73707 |
| exhibition, show, fair, flea market, or similar event, held | 73708 |
| anywhere in the state without complying with any provision of | 73709 |
| section 311.37 of the Revised Code. Any holder of a valid vendor's | 73710 |
| license may make retail sales as a transient vendor at a temporary | 73711 |
| place of business or temporary exhibition, show, fair, flea | 73712 |
| market, or similar event held in any county in which the vendor | 73713 |
| maintains a fixed place of business for which the vendor holds a | 73714 |
| vendor's license without obtaining a transient vendor's license. | 73715 |
| | 73716 |
| 73717 | |
| 73718 | |
| 73719 |
| | 73720 |
| 73721 | |
| 73722 | |
| 73723 | |
| 73724 | |
| 73725 |
| | 73726 |
| 73727 | |
| 73728 | |
| 73729 | |
| 73730 | |
| 73731 | |
| 73732 | |
| 73733 |
| | 73734 |
| 73735 | |
| 73736 | |
| 73737 | |
| 73738 | |
| 73739 | |
| 73740 | |
| 73741 |
| | 73742 |
| 73743 |
| | 73744 |
| 73745 | |
| 73746 |
| | 73747 |
| 73748 | |
| 73749 |
| | 73750 |
| 73751 | |
| 73752 |
| | 73753 |
| 73754 |
| | 73755 |
| 73756 | |
| 73757 | |
| 73758 | |
| 73759 | |
| 73760 | |
| 73761 | |
| 73762 | |
| 73763 | |
| 73764 | |
| 73765 | |
| 73766 | |
| 73767 | |
| 73768 |
| (E) Any | 73769 |
| this section shall display the license or a copy of it | 73770 |
| prominently, in plain view, at every place of business of the | 73771 |
| 73772 |
| (F) No owner, organizer, or promoter who operates a fair, | 73773 |
| flea market, show, exhibition, convention, or similar event at | 73774 |
| which transient vendors are present shall fail to keep a | 73775 |
| comprehensive record of all such vendors, listing the vendor's | 73776 |
| name, permanent address, vendor's license number, and the type of | 73777 |
| goods sold. Such records shall be kept for four years and shall be | 73778 |
|
open to inspection by the | 73779 |
| (G) The commissioner may issue additional types of licenses | 73780 |
| if required to efficiently administer the tax imposed by this | 73781 |
| chapter. | 73782 |
| Sec. 5741.08. If modification of a county's jurisdictional | 73783 |
| boundaries or a transit authority's territory results in a change | 73784 |
| in the tax rate levied under section 5741.021, 5741.022, or | 73785 |
| 5741.023 of the Revised Code, the tax commissioner, within thirty | 73786 |
|
days of such change, shall notify any seller | 73787 |
| 73788 | |
| 73789 | |
| service provider, if the seller has selected one, of such change. | 73790 |
| The rate change shall not apply until the first day of a calendar | 73791 |
| quarter following the expiration of sixty days from the date of | 73792 |
|
notice by the | 73793 |
| Sec. 5743.031. (A) A wholesale dealer may affix stamps only | 73794 |
| to packages of cigarettes that the dealer received directly from a | 73795 |
| manufacturer or importer of cigarettes that possesses a valid and | 73796 |
| current license under section 5743.15 of the Revised Code, or to | 73797 |
| packages of cigarettes that the dealer received from another | 73798 |
| wholesale dealer that possesses a valid and current license under | 73799 |
| section 5743.15 of the Revised Code, provided that the tax | 73800 |
| commissioner has authorized the sale of the cigarettes between | 73801 |
| those wholesale dealers and that the wholesale dealer that sells | 73802 |
| the cigarettes received them directly from a manufacturer or | 73803 |
| importer of cigarettes that possesses a valid and current license | 73804 |
| under section 5743.15 of the Revised Code. | 73805 |
| (B) Only a wholesale dealer that possesses a valid and | 73806 |
| current license under section 5743.15 of the Revised Code may | 73807 |
| purchase or obtain tax stamps. A wholesale dealer may not sell or | 73808 |
| provide such stamps to any other wholesale dealer or any other | 73809 |
| person. | 73810 |
| (C) Any person shipping unstamped packages of cigarettes into | 73811 |
| this state to a person other than a wholesale dealer licensed | 73812 |
| under section 5743.15 of the Revised Code shall, before such | 73813 |
| shipment, file notice of the shipment with the tax commissioner. | 73814 |
| Any person that transports unstamped packages of cigarettes into | 73815 |
| or within this state shall carry in the vehicle used to convey the | 73816 |
| shipment invoices or equivalent documentation of the shipment for | 73817 |
| all cigarettes in the shipment. The invoices or other | 73818 |
| documentation shall show the true name and address of the | 73819 |
| consignor or seller, the true name and address of the consignee or | 73820 |
| purchaser, and the quantity of the cigarettes being transported. | 73821 |
|
This division does not apply to any | 73822 |
| motor carrier transporting cigarettes through this state to | 73823 |
| another location under a proper bill of lading or freight bill | 73824 |
| that states the quantity, source, and destination of the | 73825 |
| cigarettes. | 73826 |
| Sec. 5743.20. No person shall sell any cigarettes both as a | 73827 |
| retail dealer and as a wholesale dealer at the same place of | 73828 |
| business. No person other than a licensed wholesale dealer shall | 73829 |
| sell cigarettes to a licensed retail dealer. No retail dealer | 73830 |
| shall purchase cigarettes from any person other than a licensed | 73831 |
| wholesale dealer. | 73832 |
| Subject to section 5743.031 of the Revised Code, a licensed | 73833 |
| wholesale dealer may not sell cigarettes to any person in this | 73834 |
| state other than a licensed retail dealer, except a licensed | 73835 |
| wholesale dealer may sell cigarettes to another licensed wholesale | 73836 |
| dealer if the tax commissioner has authorized the sale of the | 73837 |
| cigarettes between those wholesale dealers and the wholesale | 73838 |
| dealer that sells the cigarettes received them directly from a | 73839 |
| licensed manufacturer or licensed importer. | 73840 |
| The tax commissioner shall adopt rules governing sales of | 73841 |
| cigarettes between licensed wholesale dealers, including rules | 73842 |
| establishing criteria for authorizing such sales. | 73843 |
| No manufacturer or importer shall sell cigarettes to any | 73844 |
| person in this state other than to a licensed wholesale dealer or | 73845 |
| licensed importer. No importer shall purchase cigarettes from any | 73846 |
| person other than a licensed manufacturer or licensed importer. | 73847 |
| A retail dealer may purchase other tobacco products only from | 73848 |
| a licensed distributor. A licensed distributor may sell tobacco | 73849 |
| products only to a retail dealer, except a licensed distributor | 73850 |
| may sell tobacco products to another licensed distributor if the | 73851 |
| tax commissioner has authorized the sale of the tobacco products | 73852 |
| between those distributors and the distributor that sells the | 73853 |
| tobacco products received them directly from a manufacturer or | 73854 |
| importer of tobacco products. | 73855 |
| The tax commissioner may adopt rules governing sales of | 73856 |
| tobacco products between licensed distributors, including rules | 73857 |
| establishing criteria for authorizing such sales. | 73858 |
| The identities of cigarette manufacturers and importers, | 73859 |
| licensed cigarette wholesalers, licensed distributors of other | 73860 |
|
tobacco products, and registered manufacturers | 73861 |
| 73862 | |
| disclosure. The tax commissioner shall maintain an alphabetical | 73863 |
| list of all such manufacturers, importers, wholesalers, and | 73864 |
|
distributors, | 73865 |
| accessible to the public through the internet, and shall | 73866 |
| periodically update the web site posting. | 73867 |
| As used in this section, "licensed" means the manufacturer, | 73868 |
| importer, wholesale dealer, or distributor holds a current and | 73869 |
| valid license issued under section 5743.15 or 5743.61 of the | 73870 |
|
Revised Code, and "registered" means registered with the
| 73871 |
| commissioner under section 5743.66 of the Revised Code. | 73872 |
| Sec. 5743.61. (A) Except as otherwise provided in this | 73873 |
| division, no distributor shall engage in the business of | 73874 |
| distributing tobacco products within this state without having a | 73875 |
| license issued by the department of taxation to engage in that | 73876 |
| business. On the dissolution of a partnership by death, the | 73877 |
| surviving partner may operate under the license of the partnership | 73878 |
| until the expiration of the license, and the heirs or legal | 73879 |
| representatives of deceased persons, and receivers and trustees in | 73880 |
| bankruptcy appointed by any competent authority, may operate under | 73881 |
| the license of the person succeeded in possession by the heir, | 73882 |
| representative, receiver, or trustee in bankruptcy if the partner | 73883 |
| or successor notifies the department of taxation of the | 73884 |
| dissolution or succession within thirty days after the dissolution | 73885 |
| or succession. | 73886 |
| (B)(1) Each applicant for a license to engage in the business | 73887 |
| of distributing tobacco products, annually, on or before the first | 73888 |
| day of February, shall make and deliver to the tax commissioner, | 73889 |
| upon a form furnished by the commissioner for that purpose, a | 73890 |
| statement showing the name of the applicant, each physical place | 73891 |
| from which the applicant distributes to distributors, retail | 73892 |
| dealers, or wholesale dealers, and any other information the | 73893 |
| commissioner considers necessary for the administration of | 73894 |
| sections 5743.51 to 5743.66 of the Revised Code. | 73895 |
| (2) At the time of making the license application, the | 73896 |
| applicant shall pay an application fee of one thousand dollars for | 73897 |
| each place listed on the application where the applicant proposes | 73898 |
| to carry on that business. The fee charged for the application | 73899 |
| shall accompany the application and shall be made payable to the | 73900 |
| treasurer of state for deposit into the cigarette tax enforcement | 73901 |
| fund. | 73902 |
| (3) Upon receipt of the application and payment of any | 73903 |
| licensing fee required by this section, the commissioner shall | 73904 |
| issue to the applicant a license for each place of distribution | 73905 |
| designated in the application authorizing the applicant to engage | 73906 |
| in business at that location for one year commencing on the first | 73907 |
| day of February. For licenses issued after the first day of | 73908 |
| February, the license application fee shall be reduced | 73909 |
| proportionately by the remainder of the twelve-month period for | 73910 |
| which the license is issued, except that the application fee | 73911 |
| required to be paid under this section shall be not less than two | 73912 |
| hundred dollars. If the original license is lost, destroyed, or | 73913 |
| defaced, a duplicate license may be obtained from the commissioner | 73914 |
| upon payment of a license replacement fee of twenty-five dollars. | 73915 |
| (C) The holder of a tobacco products license may transfer the | 73916 |
| license to a place of business on condition that the licensee's | 73917 |
| ownership and business structure remains unchanged and the | 73918 |
| licensee applies to the commissioner for the transfer on a form | 73919 |
| issued by the commissioner, and pays a transfer fee of twenty-five | 73920 |
| dollars. | 73921 |
| (D) If a distributor fails to file forms as required under | 73922 |
| Chapter 1346. or section 5743.52 of the Revised Code or pay the | 73923 |
| tax due for two consecutive periods or three periods during any | 73924 |
| twelve-month period, the commissioner may suspend the license | 73925 |
| issued to the distributor under this section. The suspension is | 73926 |
| effective ten days after the commissioner notifies the distributor | 73927 |
| of the suspension in writing personally or by certified mail. The | 73928 |
| commissioner shall lift the suspension when the distributor files | 73929 |
| the delinquent forms and pays the tax due, including any | 73930 |
| penalties, interest, and additional charges. The commissioner may | 73931 |
| refuse to issue the annual renewal of the license required by this | 73932 |
| section and may refuse to issue a new license for the same | 73933 |
| location until all delinquent forms are filed and outstanding | 73934 |
| taxes are paid. This division does not apply to any unpaid or | 73935 |
| underpaid tax liability that is the subject of a petition or | 73936 |
| appeal filed pursuant to section 5743.56, 5717.02, or 5717.04 of | 73937 |
| the Revised Code. | 73938 |
| (E)(1) The tax commissioner may impose a penalty of up to one | 73939 |
| thousand dollars on any person found to be engaging in the | 73940 |
| business of distributing tobacco products without a license as | 73941 |
| required by this section. | 73942 |
| (2) Any person engaging in the business of distributing | 73943 |
| tobacco products without a license as required by this section | 73944 |
| shall comply with divisions (B)(1) and (2) of this section within | 73945 |
| ten days after being notified of the requirement to do so. Failure | 73946 |
| to comply with division (E)(2) of this section subjects a person | 73947 |
| to penalties imposed under section 5743.99 of the Revised Code. | 73948 |
| Sec. 5743.66. (A) Each manufacturer | 73949 |
| of tobacco products shall register with the tax commissioner | 73950 |
| before it sells or distributes tobacco products to distributors in | 73951 |
|
this state, and, upon the request of the | 73952 |
| provide complete information on sales made to distributors in this | 73953 |
| state and a current list of prices charged for tobacco products | 73954 |
| sold to distributors in this state. | 73955 |
| (B) On or before the last day of each month, every | 73956 |
|
manufacturer | 73957 |
| file a report with the commissioner listing all sales of tobacco | 73958 |
| products to distributors located in this state during the | 73959 |
| preceding month and any other information the commissioner finds | 73960 |
| necessary for the proper administration of sections 5743.51 to | 73961 |
| 5743.66 of the Revised Code. | 73962 |
| Sec. 5747.01. Except as otherwise expressly provided or | 73963 |
| clearly appearing from the context, any term used in this chapter | 73964 |
| that is not otherwise defined in this section has the same meaning | 73965 |
| as when used in a comparable context in the laws of the United | 73966 |
| States relating to federal income taxes or if not used in a | 73967 |
| comparable context in those laws, has the same meaning as in | 73968 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 73969 |
| to the Internal Revenue Code includes other laws of the United | 73970 |
| States relating to federal income taxes. | 73971 |
| As used in this chapter: | 73972 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 73973 |
| means federal adjusted gross income, as defined and used in the | 73974 |
| Internal Revenue Code, adjusted as provided in this section: | 73975 |
| (1) Add interest or dividends on obligations or securities of | 73976 |
| any state or of any political subdivision or authority of any | 73977 |
| state, other than this state and its subdivisions and authorities. | 73978 |
| (2) Add interest or dividends on obligations of any | 73979 |
| authority, commission, instrumentality, territory, or possession | 73980 |
| of the United States to the extent that the interest or dividends | 73981 |
| are exempt from federal income taxes but not from state income | 73982 |
| taxes. | 73983 |
| (3) Deduct interest or dividends on obligations of the United | 73984 |
| States and its territories and possessions or of any authority, | 73985 |
| commission, or instrumentality of the United States to the extent | 73986 |
| that the interest or dividends are included in federal adjusted | 73987 |
| gross income but exempt from state income taxes under the laws of | 73988 |
| the United States. | 73989 |
| (4) Deduct disability and survivor's benefits to the extent | 73990 |
| included in federal adjusted gross income. | 73991 |
| (5) Deduct benefits under Title II of the Social Security Act | 73992 |
| and tier 1 railroad retirement benefits to the extent included in | 73993 |
| federal adjusted gross income under section 86 of the Internal | 73994 |
| Revenue Code. | 73995 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 73996 |
| that makes an accumulation distribution as defined in section 665 | 73997 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 73998 |
| years beginning before 2002, the portion, if any, of such | 73999 |
| distribution that does not exceed the undistributed net income of | 74000 |
| the trust for the three taxable years preceding the taxable year | 74001 |
| in which the distribution is made to the extent that the portion | 74002 |
| was not included in the trust's taxable income for any of the | 74003 |
| trust's taxable years beginning in 2002 or thereafter. | 74004 |
| "Undistributed net income of a trust" means the taxable income of | 74005 |
| the trust increased by (a)(i) the additions to adjusted gross | 74006 |
| income required under division (A) of this section and (ii) the | 74007 |
| personal exemptions allowed to the trust pursuant to section | 74008 |
| 642(b) of the Internal Revenue Code, and decreased by (b)(i) the | 74009 |
| deductions to adjusted gross income required under division (A) of | 74010 |
| this section, (ii) the amount of federal income taxes attributable | 74011 |
| to such income, and (iii) the amount of taxable income that has | 74012 |
| been included in the adjusted gross income of a beneficiary by | 74013 |
| reason of a prior accumulation distribution. Any undistributed net | 74014 |
| income included in the adjusted gross income of a beneficiary | 74015 |
| shall reduce the undistributed net income of the trust commencing | 74016 |
| with the earliest years of the accumulation period. | 74017 |
| (7) Deduct the amount of wages and salaries, if any, not | 74018 |
| otherwise allowable as a deduction but that would have been | 74019 |
| allowable as a deduction in computing federal adjusted gross | 74020 |
| income for the taxable year, had the targeted jobs credit allowed | 74021 |
| and determined under sections 38, 51, and 52 of the Internal | 74022 |
| Revenue Code not been in effect. | 74023 |
| (8) Deduct any interest or interest equivalent on public | 74024 |
| obligations and purchase obligations to the extent that the | 74025 |
| interest or interest equivalent is included in federal adjusted | 74026 |
| gross income. | 74027 |
| (9) Add any loss or deduct any gain resulting from the sale, | 74028 |
| exchange, or other disposition of public obligations to the extent | 74029 |
| that the loss has been deducted or the gain has been included in | 74030 |
| computing federal adjusted gross income. | 74031 |
| (10) Deduct or add amounts, as provided under section 5747.70 | 74032 |
| of the Revised Code, related to contributions to variable college | 74033 |
| savings program accounts made or tuition units purchased pursuant | 74034 |
| to Chapter 3334. of the Revised Code. | 74035 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 74036 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 74037 |
| income for the taxable year, the amount the taxpayer paid during | 74038 |
| the taxable year for medical care insurance and qualified | 74039 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 74040 |
| and dependents. No deduction for medical care insurance under | 74041 |
| division (A)(11) of this section shall be allowed either to any | 74042 |
| taxpayer who is eligible to participate in any subsidized health | 74043 |
| plan maintained by any employer of the taxpayer or of the | 74044 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 74045 |
| application would be entitled to, benefits under part A of Title | 74046 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 74047 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 74048 |
| section, "subsidized health plan" means a health plan for which | 74049 |
| the employer pays any portion of the plan's cost. The deduction | 74050 |
| allowed under division (A)(11)(a) of this section shall be the net | 74051 |
| of any related premium refunds, related premium reimbursements, or | 74052 |
| related insurance premium dividends received during the taxable | 74053 |
| year. | 74054 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 74055 |
| in computing federal or Ohio adjusted gross income during the | 74056 |
| taxable year, the amount the taxpayer paid during the taxable | 74057 |
| year, not compensated for by any insurance or otherwise, for | 74058 |
| medical care of the taxpayer, the taxpayer's spouse, and | 74059 |
| dependents, to the extent the expenses exceed seven and one-half | 74060 |
| per cent of the taxpayer's federal adjusted gross income. | 74061 |
| (c) Deduct, to the extent not otherwise deducted or excluded | 74062 |
| in computing federal or Ohio adjusted gross income, any amount | 74063 |
| included in federal adjusted gross income under section 105 or not | 74064 |
| excluded under section 106 of the Internal Revenue Code solely | 74065 |
| because it relates to an accident and health plan for a person who | 74066 |
| otherwise would be a "qualifying relative" and thus a "dependent" | 74067 |
| under section 152 of the Internal Revenue Code but for the fact | 74068 |
| that the person fails to meet the income and support limitations | 74069 |
| under section 152(d)(1)(B) and (C) of the Internal Revenue Code. | 74070 |
| (d) For purposes of division (A)(11) of this section, | 74071 |
| "medical care" has the meaning given in section 213 of the | 74072 |
| Internal Revenue Code, subject to the special rules, limitations, | 74073 |
| and exclusions set forth therein, and "qualified long-term care" | 74074 |
| has the same meaning given in section 7702B(c) of the Internal | 74075 |
| Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) | 74076 |
| of this section, "dependent" includes a person who otherwise would | 74077 |
| be a "qualifying relative" and thus a "dependent" under section | 74078 |
| 152 of the Internal Revenue Code but for the fact that the person | 74079 |
| fails to meet the income and support limitations under section | 74080 |
| 152(d)(1)(B) and (C) of the Internal Revenue Code. | 74081 |
| (12)(a) Deduct any amount included in federal adjusted gross | 74082 |
| income solely because the amount represents a reimbursement or | 74083 |
| refund of expenses that in any year the taxpayer had deducted as | 74084 |
| an itemized deduction pursuant to section 63 of the Internal | 74085 |
| Revenue Code and applicable United States department of the | 74086 |
| treasury regulations. The deduction otherwise allowed under | 74087 |
| division (A)(12)(a) of this section shall be reduced to the extent | 74088 |
| the reimbursement is attributable to an amount the taxpayer | 74089 |
| deducted under this section in any taxable year. | 74090 |
| (b) Add any amount not otherwise included in Ohio adjusted | 74091 |
| gross income for any taxable year to the extent that the amount is | 74092 |
| attributable to the recovery during the taxable year of any amount | 74093 |
| deducted or excluded in computing federal or Ohio adjusted gross | 74094 |
| income in any taxable year. | 74095 |
| (13) Deduct any portion of the deduction described in section | 74096 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 74097 |
| reported income received under a claim of right, that meets both | 74098 |
| of the following requirements: | 74099 |
| (a) It is allowable for repayment of an item that was | 74100 |
| included in the taxpayer's adjusted gross income for a prior | 74101 |
| taxable year and did not qualify for a credit under division (A) | 74102 |
| or (B) of section 5747.05 of the Revised Code for that year; | 74103 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 74104 |
| gross income for the current or any other taxable year. | 74105 |
| (14) Deduct an amount equal to the deposits made to, and net | 74106 |
| investment earnings of, a medical savings account during the | 74107 |
| taxable year, in accordance with section 3924.66 of the Revised | 74108 |
| Code. The deduction allowed by division (A)(14) of this section | 74109 |
| does not apply to medical savings account deposits and earnings | 74110 |
| otherwise deducted or excluded for the current or any other | 74111 |
| taxable year from the taxpayer's federal adjusted gross income. | 74112 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 74113 |
| medical savings account during the taxable year, and the net | 74114 |
| investment earnings on those funds, when the funds withdrawn were | 74115 |
| used for any purpose other than to reimburse an account holder | 74116 |
| for, or to pay, eligible medical expenses, in accordance with | 74117 |
| section 3924.66 of the Revised Code; | 74118 |
| (b) Add the amounts distributed from a medical savings | 74119 |
| account under division (A)(2) of section 3924.68 of the Revised | 74120 |
| Code during the taxable year. | 74121 |
| (16) Add any amount claimed as a credit under section | 74122 |
| 5747.059 or 5747.65 of the Revised Code to the extent that such | 74123 |
| amount satisfies either of the following: | 74124 |
| (a) The amount was deducted or excluded from the computation | 74125 |
| of the taxpayer's federal adjusted gross income as required to be | 74126 |
| reported for the taxpayer's taxable year under the Internal | 74127 |
| Revenue Code; | 74128 |
| (b) The amount resulted in a reduction of the taxpayer's | 74129 |
| federal adjusted gross income as required to be reported for any | 74130 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 74131 |
| (17) Deduct the amount contributed by the taxpayer to an | 74132 |
| individual development account program established by a county | 74133 |
| department of job and family services pursuant to sections 329.11 | 74134 |
| to 329.14 of the Revised Code for the purpose of matching funds | 74135 |
| deposited by program participants. On request of the tax | 74136 |
| commissioner, the taxpayer shall provide any information that, in | 74137 |
| the tax commissioner's opinion, is necessary to establish the | 74138 |
| amount deducted under division (A)(17) of this section. | 74139 |
| (18) Beginning in taxable year 2001 but not for any taxable | 74140 |
| year beginning after December 31, 2005, if the taxpayer is married | 74141 |
| and files a joint return and the combined federal adjusted gross | 74142 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 74143 |
| year does not exceed one hundred thousand dollars, or if the | 74144 |
| taxpayer is single and has a federal adjusted gross income for the | 74145 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 74146 |
| paid during the taxable year for qualified tuition and fees paid | 74147 |
| to an eligible institution for the taxpayer, the taxpayer's | 74148 |
| spouse, or any dependent of the taxpayer, who is a resident of | 74149 |
| this state and is enrolled in or attending a program that | 74150 |
| culminates in a degree or diploma at an eligible institution. The | 74151 |
| deduction may be claimed only to the extent that qualified tuition | 74152 |
| and fees are not otherwise deducted or excluded for any taxable | 74153 |
| year from federal or Ohio adjusted gross income. The deduction may | 74154 |
| not be claimed for educational expenses for which the taxpayer | 74155 |
| claims a credit under section 5747.27 of the Revised Code. | 74156 |
| (19) Add any reimbursement received during the taxable year | 74157 |
| of any amount the taxpayer deducted under division (A)(18) of this | 74158 |
| section in any previous taxable year to the extent the amount is | 74159 |
| not otherwise included in Ohio adjusted gross income. | 74160 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 74161 |
| expense allowed by subsection (k) of section 168 of the Internal | 74162 |
| Revenue Code, including the taxpayer's proportionate or | 74163 |
| distributive share of the amount of depreciation expense allowed | 74164 |
| by that subsection to a pass-through entity in which the taxpayer | 74165 |
| has a direct or indirect ownership interest. | 74166 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 74167 |
| depreciation expense, including a person's proportionate or | 74168 |
| distributive share of the amount of qualifying section 179 | 74169 |
| depreciation expense allowed to any pass-through entity in which | 74170 |
| the person has a direct or indirect ownership. For the purposes of | 74171 |
| this division, "qualifying section 179 depreciation expense" means | 74172 |
| the difference between (I) the amount of depreciation expense | 74173 |
| directly or indirectly allowed to the taxpayer under section 179 | 74174 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 74175 |
| expense directly or indirectly allowed to the taxpayer under | 74176 |
| section 179 of the Internal Revenue Code as that section existed | 74177 |
| on December 31, 2002. | 74178 |
| The tax commissioner, under procedures established by the | 74179 |
| commissioner, may waive the add-backs related to a pass-through | 74180 |
| entity if the taxpayer owns, directly or indirectly, less than | 74181 |
| five per cent of the pass-through entity. | 74182 |
| (b) Nothing in division (A)(20) of this section shall be | 74183 |
| construed to adjust or modify the adjusted basis of any asset. | 74184 |
| (c) To the extent the add-back required under division | 74185 |
| (A)(20)(a) of this section is attributable to property generating | 74186 |
| nonbusiness income or loss allocated under section 5747.20 of the | 74187 |
| Revised Code, the add-back shall be sitused to the same location | 74188 |
| as the nonbusiness income or loss generated by the property for | 74189 |
| the purpose of determining the credit under division (A) of | 74190 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 74191 |
| be apportioned, subject to one or more of the four alternative | 74192 |
| methods of apportionment enumerated in section 5747.21 of the | 74193 |
| Revised Code. | 74194 |
| (d) For the purposes of division (A) of this section, net | 74195 |
| operating loss carryback and carryforward shall not include | 74196 |
| five-sixths of the allowance of any net operating loss deduction | 74197 |
| carryback or carryforward to the taxable year to the extent such | 74198 |
| loss resulted from depreciation allowed by section 168(k) of the | 74199 |
| Internal Revenue Code and by the qualifying section 179 | 74200 |
| depreciation expense amount. | 74201 |
| (21)(a) If the taxpayer was required to add an amount under | 74202 |
| division (A)(20)(a) of this section for a taxable year, deduct | 74203 |
| one-fifth of the amount so added for each of the five succeeding | 74204 |
| taxable years. | 74205 |
| (b) If the amount deducted under division (A)(21)(a) of this | 74206 |
| section is attributable to an add-back allocated under division | 74207 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 74208 |
| to the same location. Otherwise, the add-back shall be apportioned | 74209 |
| using the apportionment factors for the taxable year in which the | 74210 |
| deduction is taken, subject to one or more of the four alternative | 74211 |
| methods of apportionment enumerated in section 5747.21 of the | 74212 |
| Revised Code. | 74213 |
| (c) No deduction is available under division (A)(21)(a) of | 74214 |
| this section with regard to any depreciation allowed by section | 74215 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 74216 |
| 179 depreciation expense amount to the extent that such | 74217 |
| depreciation resulted in or increased a federal net operating loss | 74218 |
| carryback or carryforward to a taxable year to which division | 74219 |
| (A)(20)(d) of this section does not apply. | 74220 |
| (22) Deduct, to the extent not otherwise deducted or excluded | 74221 |
| in computing federal or Ohio adjusted gross income for the taxable | 74222 |
| year, the amount the taxpayer received during the taxable year as | 74223 |
| reimbursement for life insurance premiums under section 5919.31 of | 74224 |
| the Revised Code. | 74225 |
| (23) Deduct, to the extent not otherwise deducted or excluded | 74226 |
| in computing federal or Ohio adjusted gross income for the taxable | 74227 |
| year, the amount the taxpayer received during the taxable year as | 74228 |
| a death benefit paid by the adjutant general under section 5919.33 | 74229 |
| of the Revised Code. | 74230 |
| (24) Deduct, to the extent included in federal adjusted gross | 74231 |
| income and not otherwise allowable as a deduction or exclusion in | 74232 |
| computing federal or Ohio adjusted gross income for the taxable | 74233 |
| year, military pay and allowances received by the taxpayer during | 74234 |
| the taxable year for active duty service in the United States | 74235 |
| army, air force, navy, marine corps, or coast guard or reserve | 74236 |
| components thereof or the national guard. The deduction may not be | 74237 |
| claimed for military pay and allowances received by the taxpayer | 74238 |
| while the taxpayer is stationed in this state. | 74239 |
| (25) Deduct, to the extent not otherwise allowable as a | 74240 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 74241 |
| income for the taxable year and not otherwise compensated for by | 74242 |
| any other source, the amount of qualified organ donation expenses | 74243 |
| incurred by the taxpayer during the taxable year, not to exceed | 74244 |
| ten thousand dollars. A taxpayer may deduct qualified organ | 74245 |
| donation expenses only once for all taxable years beginning with | 74246 |
| taxable years beginning in 2007. | 74247 |
| For the purposes of division (A)(25) of this section: | 74248 |
| (a) "Human organ" means all or any portion of a human liver, | 74249 |
| pancreas, kidney, intestine, or lung, and any portion of human | 74250 |
| bone marrow. | 74251 |
| (b) "Qualified organ donation expenses" means travel | 74252 |
| expenses, lodging expenses, and wages and salary forgone by a | 74253 |
| taxpayer in connection with the taxpayer's donation, while living, | 74254 |
| of one or more of the taxpayer's human organs to another human | 74255 |
| being. | 74256 |
| (26) Deduct, to the extent not otherwise deducted or excluded | 74257 |
| in computing federal or Ohio adjusted gross income for the taxable | 74258 |
| year, amounts received by the taxpayer as retired military | 74259 |
| personnel pay for service in the United States army, navy, air | 74260 |
| force, coast guard, or marine corps or reserve components thereof, | 74261 |
| or the national guard, or received by the surviving spouse or | 74262 |
| former spouse of such a taxpayer under the survivor benefit plan | 74263 |
| on account of such a taxpayer's death. If the taxpayer receives | 74264 |
| income on account of retirement paid under the federal civil | 74265 |
| service retirement system or federal employees retirement system, | 74266 |
| or under any successor retirement program enacted by the congress | 74267 |
| of the United States that is established and maintained for | 74268 |
| retired employees of the United States government, and such | 74269 |
| retirement income is based, in whole or in part, on credit for the | 74270 |
| taxpayer's military service, the deduction allowed under this | 74271 |
| division shall include only that portion of such retirement income | 74272 |
| that is attributable to the taxpayer's military service, to the | 74273 |
| extent that portion of such retirement income is otherwise | 74274 |
| included in federal adjusted gross income and is not otherwise | 74275 |
| deducted under this section. Any amount deducted under division | 74276 |
| (A)(26) of this section is not included in a taxpayer's adjusted | 74277 |
| gross income for the purposes of section 5747.055 of the Revised | 74278 |
| Code. No amount may be deducted under division (A)(26) of this | 74279 |
| section on the basis of which a credit was claimed under section | 74280 |
| 5747.055 of the Revised Code. | 74281 |
| (27) Deduct, to the extent not otherwise deducted or excluded | 74282 |
| in computing federal or Ohio adjusted gross income for the taxable | 74283 |
| year, the amount the taxpayer received during the taxable year | 74284 |
| from the military injury relief fund created in section 5101.98 of | 74285 |
| the Revised Code. | 74286 |
| (28) Deduct, to the extent not otherwise deducted or excluded | 74287 |
| in computing federal or Ohio adjusted gross income for the taxable | 74288 |
| year, the amount the taxpayer received as a veterans bonus during | 74289 |
| the taxable year from the Ohio department of veterans services as | 74290 |
| authorized by Section 2r of Article VIII, Ohio Constitution. | 74291 |
| (29) Deduct, to the extent not otherwise deducted or excluded | 74292 |
| in computing federal or Ohio adjusted gross income for the taxable | 74293 |
| year, any loss from wagering transactions that is allowed as an | 74294 |
| itemized deduction under section 165 of the Internal Revenue Code | 74295 |
| and that the taxpayer deducted in computing federal taxable | 74296 |
| income. | 74297 |
| (30) Deduct, to the extent not otherwise deducted or excluded | 74298 |
| in computing federal or Ohio adjusted gross income for the taxable | 74299 |
| year, any income derived from providing public services under a | 74300 |
| contract through a project owned by the state, as described in | 74301 |
| section 126.604 of the Revised Code or derived from a transfer | 74302 |
| agreement or from the enterprise transferred under that agreement | 74303 |
| under section 4313.02 of the Revised Code. | 74304 |
| (31) Deduct, to the extent not otherwise deducted or excluded | 74305 |
| in computing federal or Ohio adjusted gross income for the taxable | 74306 |
| year, Ohio college opportunity or federal Pell grant amounts | 74307 |
| received by the taxpayer or the taxpayer's spouse or dependent | 74308 |
| pursuant to section 3333.122 of the Revised Code or 20 U.S.C. | 74309 |
| 1070a, et seq., and used to pay room or board furnished by the | 74310 |
| educational institution for which the grant was awarded at the | 74311 |
| institution's facilities, including meal plans administered by the | 74312 |
| institution. For the purposes of this division, receipt of a grant | 74313 |
| includes the distribution of a grant directly to an educational | 74314 |
| institution and the crediting of the grant to the enrollee's | 74315 |
| account with the institution. | 74316 |
| (B) "Business income" means income, including gain or loss, | 74317 |
| arising from transactions, activities, and sources in the regular | 74318 |
| course of a trade or business and includes income, gain, or loss | 74319 |
| from real property, tangible property, and intangible property if | 74320 |
| the acquisition, rental, management, and disposition of the | 74321 |
| property constitute integral parts of the regular course of a | 74322 |
| trade or business operation. "Business income" includes income, | 74323 |
| including gain or loss, from a partial or complete liquidation of | 74324 |
| a business, including, but not limited to, gain or loss from the | 74325 |
| sale or other disposition of goodwill. | 74326 |
| (C) "Nonbusiness income" means all income other than business | 74327 |
| income and may include, but is not limited to, compensation, rents | 74328 |
| and royalties from real or tangible personal property, capital | 74329 |
| gains, interest, dividends and distributions, patent or copyright | 74330 |
| royalties, or lottery winnings, prizes, and awards. | 74331 |
| (D) "Compensation" means any form of remuneration paid to an | 74332 |
| employee for personal services. | 74333 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 74334 |
| administrator, receiver, conservator, or any other person acting | 74335 |
| in any fiduciary capacity for any individual, trust, or estate. | 74336 |
| (F) "Fiscal year" means an accounting period of twelve months | 74337 |
| ending on the last day of any month other than December. | 74338 |
| (G) "Individual" means any natural person. | 74339 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 74340 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 74341 |
| (I) "Resident" means any of the following, provided that | 74342 |
| division (I)(3) of this section applies only to taxable years of a | 74343 |
| trust beginning in 2002 or thereafter: | 74344 |
| (1) An individual who is domiciled in this state, subject to | 74345 |
| section 5747.24 of the Revised Code; | 74346 |
| (2) The estate of a decedent who at the time of death was | 74347 |
| domiciled in this state. The domicile tests of section 5747.24 of | 74348 |
| the Revised Code are not controlling for purposes of division | 74349 |
| (I)(2) of this section. | 74350 |
| (3) A trust that, in whole or part, resides in this state. If | 74351 |
| only part of a trust resides in this state, the trust is a | 74352 |
| resident only with respect to that part. | 74353 |
| For the purposes of division (I)(3) of this section: | 74354 |
| (a) A trust resides in this state for the trust's current | 74355 |
| taxable year to the extent, as described in division (I)(3)(d) of | 74356 |
| this section, that the trust consists directly or indirectly, in | 74357 |
| whole or in part, of assets, net of any related liabilities, that | 74358 |
| were transferred, or caused to be transferred, directly or | 74359 |
| indirectly, to the trust by any of the following: | 74360 |
| (i) A person, a court, or a governmental entity or | 74361 |
| instrumentality on account of the death of a decedent, but only if | 74362 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 74363 |
| section; | 74364 |
| (ii) A person who was domiciled in this state for the | 74365 |
| purposes of this chapter when the person directly or indirectly | 74366 |
| transferred assets to an irrevocable trust, but only if at least | 74367 |
| one of the trust's qualifying beneficiaries is domiciled in this | 74368 |
| state for the purposes of this chapter during all or some portion | 74369 |
| of the trust's current taxable year; | 74370 |
| (iii) A person who was domiciled in this state for the | 74371 |
| purposes of this chapter when the trust document or instrument or | 74372 |
| part of the trust document or instrument became irrevocable, but | 74373 |
| only if at least one of the trust's qualifying beneficiaries is a | 74374 |
| resident domiciled in this state for the purposes of this chapter | 74375 |
| during all or some portion of the trust's current taxable year. If | 74376 |
| a trust document or instrument became irrevocable upon the death | 74377 |
| of a person who at the time of death was domiciled in this state | 74378 |
| for purposes of this chapter, that person is a person described in | 74379 |
| division (I)(3)(a)(iii) of this section. | 74380 |
| (b) A trust is irrevocable to the extent that the transferor | 74381 |
| is not considered to be the owner of the net assets of the trust | 74382 |
| under sections 671 to 678 of the Internal Revenue Code. | 74383 |
| (c) With respect to a trust other than a charitable lead | 74384 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 74385 |
| current beneficiary" as defined in section 1361(e)(2) of the | 74386 |
| Internal Revenue Code, and with respect to a charitable lead trust | 74387 |
| "qualifying beneficiary" is any current, future, or contingent | 74388 |
| beneficiary, but with respect to any trust "qualifying | 74389 |
| beneficiary" excludes a person or a governmental entity or | 74390 |
| instrumentality to any of which a contribution would qualify for | 74391 |
| the charitable deduction under section 170 of the Internal Revenue | 74392 |
| Code. | 74393 |
| (d) For the purposes of division (I)(3)(a) of this section, | 74394 |
| the extent to which a trust consists directly or indirectly, in | 74395 |
| whole or in part, of assets, net of any related liabilities, that | 74396 |
| were transferred directly or indirectly, in whole or part, to the | 74397 |
| trust by any of the sources enumerated in that division shall be | 74398 |
| ascertained by multiplying the fair market value of the trust's | 74399 |
| assets, net of related liabilities, by the qualifying ratio, which | 74400 |
| shall be computed as follows: | 74401 |
| (i) The first time the trust receives assets, the numerator | 74402 |
| of the qualifying ratio is the fair market value of those assets | 74403 |
| at that time, net of any related liabilities, from sources | 74404 |
| enumerated in division (I)(3)(a) of this section. The denominator | 74405 |
| of the qualifying ratio is the fair market value of all the | 74406 |
| trust's assets at that time, net of any related liabilities. | 74407 |
| (ii) Each subsequent time the trust receives assets, a | 74408 |
| revised qualifying ratio shall be computed. The numerator of the | 74409 |
| revised qualifying ratio is the sum of (1) the fair market value | 74410 |
| of the trust's assets immediately prior to the subsequent | 74411 |
| transfer, net of any related liabilities, multiplied by the | 74412 |
| qualifying ratio last computed without regard to the subsequent | 74413 |
| transfer, and (2) the fair market value of the subsequently | 74414 |
| transferred assets at the time transferred, net of any related | 74415 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 74416 |
| section. The denominator of the revised qualifying ratio is the | 74417 |
| fair market value of all the trust's assets immediately after the | 74418 |
| subsequent transfer, net of any related liabilities. | 74419 |
| (iii) Whether a transfer to the trust is by or from any of | 74420 |
| the sources enumerated in division (I)(3)(a) of this section shall | 74421 |
| be ascertained without regard to the domicile of the trust's | 74422 |
| beneficiaries. | 74423 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 74424 |
| section: | 74425 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 74426 |
| section if the trust is a testamentary trust and the testator of | 74427 |
| that testamentary trust was domiciled in this state at the time of | 74428 |
| the testator's death for purposes of the taxes levied under | 74429 |
| Chapter 5731. of the Revised Code. | 74430 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 74431 |
| section if the transfer is a qualifying transfer described in any | 74432 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 74433 |
| irrevocable inter vivos trust, and at least one of the trust's | 74434 |
| qualifying beneficiaries is domiciled in this state for purposes | 74435 |
| of this chapter during all or some portion of the trust's current | 74436 |
| taxable year. | 74437 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 74438 |
| section, a "qualifying transfer" is a transfer of assets, net of | 74439 |
| any related liabilities, directly or indirectly to a trust, if the | 74440 |
| transfer is described in any of the following: | 74441 |
| (i) The transfer is made to a trust, created by the decedent | 74442 |
| before the decedent's death and while the decedent was domiciled | 74443 |
| in this state for the purposes of this chapter, and, prior to the | 74444 |
| death of the decedent, the trust became irrevocable while the | 74445 |
| decedent was domiciled in this state for the purposes of this | 74446 |
| chapter. | 74447 |
| (ii) The transfer is made to a trust to which the decedent, | 74448 |
| prior to the decedent's death, had directly or indirectly | 74449 |
| transferred assets, net of any related liabilities, while the | 74450 |
| decedent was domiciled in this state for the purposes of this | 74451 |
| chapter, and prior to the death of the decedent the trust became | 74452 |
| irrevocable while the decedent was domiciled in this state for the | 74453 |
| purposes of this chapter. | 74454 |
| (iii) The transfer is made on account of a contractual | 74455 |
| relationship existing directly or indirectly between the | 74456 |
| transferor and either the decedent or the estate of the decedent | 74457 |
| at any time prior to the date of the decedent's death, and the | 74458 |
| decedent was domiciled in this state at the time of death for | 74459 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 74460 |
| Code. | 74461 |
| (iv) The transfer is made to a trust on account of a | 74462 |
| contractual relationship existing directly or indirectly between | 74463 |
| the transferor and another person who at the time of the | 74464 |
| decedent's death was domiciled in this state for purposes of this | 74465 |
| chapter. | 74466 |
| (v) The transfer is made to a trust on account of the will of | 74467 |
| a testator who was domiciled in this state at the time of the | 74468 |
| testator's death for purposes of the taxes levied under Chapter | 74469 |
| 5731. of the Revised Code. | 74470 |
| (vi) The transfer is made to a trust created by or caused to | 74471 |
| be created by a court, and the trust was directly or indirectly | 74472 |
| created in connection with or as a result of the death of an | 74473 |
| individual who, for purposes of the taxes levied under Chapter | 74474 |
| 5731. of the Revised Code, was domiciled in this state at the time | 74475 |
| of the individual's death. | 74476 |
| (g) The tax commissioner may adopt rules to ascertain the | 74477 |
| part of a trust residing in this state. | 74478 |
| (J) "Nonresident" means an individual or estate that is not a | 74479 |
| resident. An individual who is a resident for only part of a | 74480 |
| taxable year is a nonresident for the remainder of that taxable | 74481 |
| year. | 74482 |
| (K) "Pass-through entity" has the same meaning as in section | 74483 |
| 5733.04 of the Revised Code. | 74484 |
| (L) "Return" means the notifications and reports required to | 74485 |
| be filed pursuant to this chapter for the purpose of reporting the | 74486 |
| tax due and includes declarations of estimated tax when so | 74487 |
| required. | 74488 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 74489 |
| fiscal year ending during the calendar year, or fractional part | 74490 |
| thereof, upon which the adjusted gross income is calculated | 74491 |
| pursuant to this chapter. | 74492 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 74493 |
| section 5747.02 of the Revised Code or any pass-through entity | 74494 |
| that makes the election under division (D) of section 5747.08 of | 74495 |
| the Revised Code. | 74496 |
| (O) "Dependents" means dependents as defined in the Internal | 74497 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 74498 |
| return for the taxable year or which the taxpayer would have been | 74499 |
| permitted to claim had the taxpayer filed a federal income tax | 74500 |
| return. | 74501 |
| (P) "Principal county of employment" means, in the case of a | 74502 |
| nonresident, the county within the state in which a taxpayer | 74503 |
| performs services for an employer or, if those services are | 74504 |
| performed in more than one county, the county in which the major | 74505 |
| portion of the services are performed. | 74506 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 74507 |
| Code: | 74508 |
| (1) "Subdivision" means any county, municipal corporation, | 74509 |
| park district, or township. | 74510 |
| (2) "Essential local government purposes" includes all | 74511 |
| functions that any subdivision is required by general law to | 74512 |
| exercise, including like functions that are exercised under a | 74513 |
| charter adopted pursuant to the Ohio Constitution. | 74514 |
| (R) "Overpayment" means any amount already paid that exceeds | 74515 |
| the figure determined to be the correct amount of the tax. | 74516 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 74517 |
| estates and trusts, and means federal taxable income, as defined | 74518 |
| and used in the Internal Revenue Code, adjusted as follows: | 74519 |
| (1) Add interest or dividends, net of ordinary, necessary, | 74520 |
| and reasonable expenses not deducted in computing federal taxable | 74521 |
| income, on obligations or securities of any state or of any | 74522 |
| political subdivision or authority of any state, other than this | 74523 |
| state and its subdivisions and authorities, but only to the extent | 74524 |
| that such net amount is not otherwise includible in Ohio taxable | 74525 |
| income and is described in either division (S)(1)(a) or (b) of | 74526 |
| this section: | 74527 |
| (a) The net amount is not attributable to the S portion of an | 74528 |
| electing small business trust and has not been distributed to | 74529 |
| beneficiaries for the taxable year; | 74530 |
| (b) The net amount is attributable to the S portion of an | 74531 |
| electing small business trust for the taxable year. | 74532 |
| (2) Add interest or dividends, net of ordinary, necessary, | 74533 |
| and reasonable expenses not deducted in computing federal taxable | 74534 |
| income, on obligations of any authority, commission, | 74535 |
| instrumentality, territory, or possession of the United States to | 74536 |
| the extent that the interest or dividends are exempt from federal | 74537 |
| income taxes but not from state income taxes, but only to the | 74538 |
| extent that such net amount is not otherwise includible in Ohio | 74539 |
| taxable income and is described in either division (S)(1)(a) or | 74540 |
| (b) of this section; | 74541 |
| (3) Add the amount of personal exemption allowed to the | 74542 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 74543 |
| (4) Deduct interest or dividends, net of related expenses | 74544 |
| deducted in computing federal taxable income, on obligations of | 74545 |
| the United States and its territories and possessions or of any | 74546 |
| authority, commission, or instrumentality of the United States to | 74547 |
| the extent that the interest or dividends are exempt from state | 74548 |
| taxes under the laws of the United States, but only to the extent | 74549 |
| that such amount is included in federal taxable income and is | 74550 |
| described in either division (S)(1)(a) or (b) of this section; | 74551 |
| (5) Deduct the amount of wages and salaries, if any, not | 74552 |
| otherwise allowable as a deduction but that would have been | 74553 |
| allowable as a deduction in computing federal taxable income for | 74554 |
| the taxable year, had the targeted jobs credit allowed under | 74555 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 74556 |
| effect, but only to the extent such amount relates either to | 74557 |
| income included in federal taxable income for the taxable year or | 74558 |
| to income of the S portion of an electing small business trust for | 74559 |
| the taxable year; | 74560 |
| (6) Deduct any interest or interest equivalent, net of | 74561 |
| related expenses deducted in computing federal taxable income, on | 74562 |
| public obligations and purchase obligations, but only to the | 74563 |
| extent that such net amount relates either to income included in | 74564 |
| federal taxable income for the taxable year or to income of the S | 74565 |
| portion of an electing small business trust for the taxable year; | 74566 |
| (7) Add any loss or deduct any gain resulting from sale, | 74567 |
| exchange, or other disposition of public obligations to the extent | 74568 |
| that such loss has been deducted or such gain has been included in | 74569 |
| computing either federal taxable income or income of the S portion | 74570 |
| of an electing small business trust for the taxable year; | 74571 |
| (8) Except in the case of the final return of an estate, add | 74572 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 74573 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 74574 |
| federal income tax return in determining federal taxable income; | 74575 |
| (9)(a) Deduct any amount included in federal taxable income | 74576 |
| solely because the amount represents a reimbursement or refund of | 74577 |
| expenses that in a previous year the decedent had deducted as an | 74578 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 74579 |
| Code and applicable treasury regulations. The deduction otherwise | 74580 |
| allowed under division (S)(9)(a) of this section shall be reduced | 74581 |
| to the extent the reimbursement is attributable to an amount the | 74582 |
| taxpayer or decedent deducted under this section in any taxable | 74583 |
| year. | 74584 |
| (b) Add any amount not otherwise included in Ohio taxable | 74585 |
| income for any taxable year to the extent that the amount is | 74586 |
| attributable to the recovery during the taxable year of any amount | 74587 |
| deducted or excluded in computing federal or Ohio taxable income | 74588 |
| in any taxable year, but only to the extent such amount has not | 74589 |
| been distributed to beneficiaries for the taxable year. | 74590 |
| (10) Deduct any portion of the deduction described in section | 74591 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 74592 |
| reported income received under a claim of right, that meets both | 74593 |
| of the following requirements: | 74594 |
| (a) It is allowable for repayment of an item that was | 74595 |
| included in the taxpayer's taxable income or the decedent's | 74596 |
| adjusted gross income for a prior taxable year and did not qualify | 74597 |
| for a credit under division (A) or (B) of section 5747.05 of the | 74598 |
| Revised Code for that year. | 74599 |
| (b) It does not otherwise reduce the taxpayer's taxable | 74600 |
| income or the decedent's adjusted gross income for the current or | 74601 |
| any other taxable year. | 74602 |
| (11) Add any amount claimed as a credit under section | 74603 |
| 5747.059 or 5747.65 of the Revised Code to the extent that the | 74604 |
| amount satisfies either of the following: | 74605 |
| (a) The amount was deducted or excluded from the computation | 74606 |
| of the taxpayer's federal taxable income as required to be | 74607 |
| reported for the taxpayer's taxable year under the Internal | 74608 |
| Revenue Code; | 74609 |
| (b) The amount resulted in a reduction in the taxpayer's | 74610 |
| federal taxable income as required to be reported for any of the | 74611 |
| taxpayer's taxable years under the Internal Revenue Code. | 74612 |
| (12) Deduct any amount, net of related expenses deducted in | 74613 |
| computing federal taxable income, that a trust is required to | 74614 |
| report as farm income on its federal income tax return, but only | 74615 |
| if the assets of the trust include at least ten acres of land | 74616 |
| satisfying the definition of "land devoted exclusively to | 74617 |
| agricultural use" under section 5713.30 of the Revised Code, | 74618 |
| regardless of whether the land is valued for tax purposes as such | 74619 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 74620 |
| trust is a pass-through entity investor, section 5747.231 of the | 74621 |
| Revised Code applies in ascertaining if the trust is eligible to | 74622 |
| claim the deduction provided by division (S)(12) of this section | 74623 |
| in connection with the pass-through entity's farm income. | 74624 |
| Except for farm income attributable to the S portion of an | 74625 |
| electing small business trust, the deduction provided by division | 74626 |
| (S)(12) of this section is allowed only to the extent that the | 74627 |
| trust has not distributed such farm income. Division (S)(12) of | 74628 |
| this section applies only to taxable years of a trust beginning in | 74629 |
| 2002 or thereafter. | 74630 |
| (13) Add the net amount of income described in section 641(c) | 74631 |
| of the Internal Revenue Code to the extent that amount is not | 74632 |
| included in federal taxable income. | 74633 |
| (14) Add or deduct the amount the taxpayer would be required | 74634 |
| to add or deduct under division (A)(20) or (21) of this section if | 74635 |
| the taxpayer's Ohio taxable income were computed in the same | 74636 |
| manner as an individual's Ohio adjusted gross income is computed | 74637 |
| under this section. In the case of a trust, division (S)(14) of | 74638 |
| this section applies only to any of the trust's taxable years | 74639 |
| beginning in 2002 or thereafter. | 74640 |
| (T) "School district income" and "school district income tax" | 74641 |
| have the same meanings as in section 5748.01 of the Revised Code. | 74642 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 74643 |
| of this section, "public obligations," "purchase obligations," and | 74644 |
| "interest or interest equivalent" have the same meanings as in | 74645 |
| section 5709.76 of the Revised Code. | 74646 |
| (V) "Limited liability company" means any limited liability | 74647 |
| company formed under Chapter 1705. of the Revised Code or under | 74648 |
| the laws of any other state. | 74649 |
| (W) "Pass-through entity investor" means any person who, | 74650 |
| during any portion of a taxable year of a pass-through entity, is | 74651 |
| a partner, member, shareholder, or equity investor in that | 74652 |
| pass-through entity. | 74653 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 74654 |
| of the Revised Code. | 74655 |
| (Y) "Month" means a calendar month. | 74656 |
| (Z) "Quarter" means the first three months, the second three | 74657 |
| months, the third three months, or the last three months of the | 74658 |
| taxpayer's taxable year. | 74659 |
| (AA)(1) "Eligible institution" means a state university or | 74660 |
| state institution of higher education as defined in section | 74661 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 74662 |
| university, or other post-secondary institution located in this | 74663 |
| state that possesses a certificate of authorization issued by the | 74664 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 74665 |
| Code or a certificate of registration issued by the state board of | 74666 |
| career colleges and schools under Chapter 3332. of the Revised | 74667 |
| Code. | 74668 |
| (2) "Qualified tuition and fees" means tuition and fees | 74669 |
| imposed by an eligible institution as a condition of enrollment or | 74670 |
| attendance, not exceeding two thousand five hundred dollars in | 74671 |
| each of the individual's first two years of post-secondary | 74672 |
| education. If the individual is a part-time student, "qualified | 74673 |
| tuition and fees" includes tuition and fees paid for the academic | 74674 |
| equivalent of the first two years of post-secondary education | 74675 |
| during a maximum of five taxable years, not exceeding a total of | 74676 |
| five thousand dollars. "Qualified tuition and fees" does not | 74677 |
| include: | 74678 |
| (a) Expenses for any course or activity involving sports, | 74679 |
| games, or hobbies unless the course or activity is part of the | 74680 |
| individual's degree or diploma program; | 74681 |
| (b) The cost of books, room and board, student activity fees, | 74682 |
| athletic fees, insurance expenses, or other expenses unrelated to | 74683 |
| the individual's academic course of instruction; | 74684 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 74685 |
| through an employer, scholarship, grant in aid, or other | 74686 |
| educational benefit program. | 74687 |
| (BB)(1) "Modified business income" means the business income | 74688 |
| included in a trust's Ohio taxable income after such taxable | 74689 |
| income is first reduced by the qualifying trust amount, if any. | 74690 |
| (2) "Qualifying trust amount" of a trust means capital gains | 74691 |
| and losses from the sale, exchange, or other disposition of equity | 74692 |
| or ownership interests in, or debt obligations of, a qualifying | 74693 |
| investee to the extent included in the trust's Ohio taxable | 74694 |
| income, but only if the following requirements are satisfied: | 74695 |
| (a) The book value of the qualifying investee's physical | 74696 |
| assets in this state and everywhere, as of the last day of the | 74697 |
| qualifying investee's fiscal or calendar year ending immediately | 74698 |
| prior to the date on which the trust recognizes the gain or loss, | 74699 |
| is available to the trust. | 74700 |
| (b) The requirements of section 5747.011 of the Revised Code | 74701 |
| are satisfied for the trust's taxable year in which the trust | 74702 |
| recognizes the gain or loss. | 74703 |
| Any gain or loss that is not a qualifying trust amount is | 74704 |
| modified business income, qualifying investment income, or | 74705 |
| modified nonbusiness income, as the case may be. | 74706 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 74707 |
| taxable income other than modified business income, other than the | 74708 |
| qualifying trust amount, and other than qualifying investment | 74709 |
| income, as defined in section 5747.012 of the Revised Code, to the | 74710 |
| extent such qualifying investment income is not otherwise part of | 74711 |
| modified business income. | 74712 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 74713 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 74714 |
| to (c) of this section: | 74715 |
| (a) The fraction, calculated under section 5747.013, and | 74716 |
| applying section 5747.231 of the Revised Code, multiplied by the | 74717 |
| sum of the following amounts: | 74718 |
| (i) The trust's modified business income; | 74719 |
| (ii) The trust's qualifying investment income, as defined in | 74720 |
| section 5747.012 of the Revised Code, but only to the extent the | 74721 |
| qualifying investment income does not otherwise constitute | 74722 |
| modified business income and does not otherwise constitute a | 74723 |
| qualifying trust amount. | 74724 |
| (b) The qualifying trust amount multiplied by a fraction, the | 74725 |
| numerator of which is the sum of the book value of the qualifying | 74726 |
| investee's physical assets in this state on the last day of the | 74727 |
| qualifying investee's fiscal or calendar year ending immediately | 74728 |
| prior to the day on which the trust recognizes the qualifying | 74729 |
| trust amount, and the denominator of which is the sum of the book | 74730 |
| value of the qualifying investee's total physical assets | 74731 |
| everywhere on the last day of the qualifying investee's fiscal or | 74732 |
| calendar year ending immediately prior to the day on which the | 74733 |
| trust recognizes the qualifying trust amount. If, for a taxable | 74734 |
| year, the trust recognizes a qualifying trust amount with respect | 74735 |
| to more than one qualifying investee, the amount described in | 74736 |
| division (BB)(4)(b) of this section shall equal the sum of the | 74737 |
| products so computed for each such qualifying investee. | 74738 |
| (c)(i) With respect to a trust or portion of a trust that is | 74739 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 74740 |
| this section, its modified nonbusiness income. | 74741 |
| (ii) With respect to a trust or portion of a trust that is | 74742 |
| not a resident as ascertained in accordance with division | 74743 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 74744 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 74745 |
| section 5747.20 of the Revised Code, except as otherwise provided | 74746 |
| in division (BB)(4)(c)(ii) of this section. With respect to a | 74747 |
| trust or portion of a trust that is not a resident as ascertained | 74748 |
| in accordance with division (I)(3)(d) of this section, the trust's | 74749 |
| portion of modified nonbusiness income recognized from the sale, | 74750 |
| exchange, or other disposition of a debt interest in or equity | 74751 |
| interest in a section 5747.212 entity, as defined in section | 74752 |
| 5747.212 of the Revised Code, without regard to division (A) of | 74753 |
| that section, shall not be allocated to this state in accordance | 74754 |
| with section 5747.20 of the Revised Code but shall be apportioned | 74755 |
| to this state in accordance with division (B) of section 5747.212 | 74756 |
| of the Revised Code without regard to division (A) of that | 74757 |
| section. | 74758 |
| If the allocation and apportionment of a trust's income under | 74759 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 74760 |
| represent the modified Ohio taxable income of the trust in this | 74761 |
| state, the alternative methods described in division (C) of | 74762 |
| section 5747.21 of the Revised Code may be applied in the manner | 74763 |
| and to the same extent provided in that section. | 74764 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 74765 |
| section, "qualifying investee" means a person in which a trust has | 74766 |
| an equity or ownership interest, or a person or unit of government | 74767 |
| the debt obligations of either of which are owned by a trust. For | 74768 |
| the purposes of division (BB)(2)(a) of this section and for the | 74769 |
| purpose of computing the fraction described in division (BB)(4)(b) | 74770 |
| of this section, all of the following apply: | 74771 |
| (i) If the qualifying investee is a member of a qualifying | 74772 |
| controlled group on the last day of the qualifying investee's | 74773 |
| fiscal or calendar year ending immediately prior to the date on | 74774 |
| which the trust recognizes the gain or loss, then "qualifying | 74775 |
| investee" includes all persons in the qualifying controlled group | 74776 |
| on such last day. | 74777 |
| (ii) If the qualifying investee, or if the qualifying | 74778 |
| investee and any members of the qualifying controlled group of | 74779 |
| which the qualifying investee is a member on the last day of the | 74780 |
| qualifying investee's fiscal or calendar year ending immediately | 74781 |
| prior to the date on which the trust recognizes the gain or loss, | 74782 |
| separately or cumulatively own, directly or indirectly, on the | 74783 |
| last day of the qualifying investee's fiscal or calendar year | 74784 |
| ending immediately prior to the date on which the trust recognizes | 74785 |
| the qualifying trust amount, more than fifty per cent of the | 74786 |
| equity of a pass-through entity, then the qualifying investee and | 74787 |
| the other members are deemed to own the proportionate share of the | 74788 |
| pass-through entity's physical assets which the pass-through | 74789 |
| entity directly or indirectly owns on the last day of the | 74790 |
| pass-through entity's calendar or fiscal year ending within or | 74791 |
| with the last day of the qualifying investee's fiscal or calendar | 74792 |
| year ending immediately prior to the date on which the trust | 74793 |
| recognizes the qualifying trust amount. | 74794 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 74795 |
| section, "upper level pass-through entity" means a pass-through | 74796 |
| entity directly or indirectly owning any equity of another | 74797 |
| pass-through entity, and "lower level pass-through entity" means | 74798 |
| that other pass-through entity. | 74799 |
| An upper level pass-through entity, whether or not it is also | 74800 |
| a qualifying investee, is deemed to own, on the last day of the | 74801 |
| upper level pass-through entity's calendar or fiscal year, the | 74802 |
| proportionate share of the lower level pass-through entity's | 74803 |
| physical assets that the lower level pass-through entity directly | 74804 |
| or indirectly owns on the last day of the lower level pass-through | 74805 |
| entity's calendar or fiscal year ending within or with the last | 74806 |
| day of the upper level pass-through entity's fiscal or calendar | 74807 |
| year. If the upper level pass-through entity directly and | 74808 |
| indirectly owns less than fifty per cent of the equity of the | 74809 |
| lower level pass-through entity on each day of the upper level | 74810 |
| pass-through entity's calendar or fiscal year in which or with | 74811 |
| which ends the calendar or fiscal year of the lower level | 74812 |
| pass-through entity and if, based upon clear and convincing | 74813 |
| evidence, complete information about the location and cost of the | 74814 |
| physical assets of the lower pass-through entity is not available | 74815 |
| to the upper level pass-through entity, then solely for purposes | 74816 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 74817 |
| amount, the upper level pass-through entity shall be deemed as | 74818 |
| owning no equity of the lower level pass-through entity for each | 74819 |
| day during the upper level pass-through entity's calendar or | 74820 |
| fiscal year in which or with which ends the lower level | 74821 |
| pass-through entity's calendar or fiscal year. Nothing in division | 74822 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 74823 |
| any deduction or exclusion in computing any trust's Ohio taxable | 74824 |
| income. | 74825 |
| (b) With respect to a trust that is not a resident for the | 74826 |
| taxable year and with respect to a part of a trust that is not a | 74827 |
| resident for the taxable year, "qualifying investee" for that | 74828 |
| taxable year does not include a C corporation if both of the | 74829 |
| following apply: | 74830 |
| (i) During the taxable year the trust or part of the trust | 74831 |
| recognizes a gain or loss from the sale, exchange, or other | 74832 |
| disposition of equity or ownership interests in, or debt | 74833 |
| obligations of, the C corporation. | 74834 |
| (ii) Such gain or loss constitutes nonbusiness income. | 74835 |
| (6) "Available" means information is such that a person is | 74836 |
| able to learn of the information by the due date plus extensions, | 74837 |
| if any, for filing the return for the taxable year in which the | 74838 |
| trust recognizes the gain or loss. | 74839 |
| (CC) "Qualifying controlled group" has the same meaning as in | 74840 |
| section 5733.04 of the Revised Code. | 74841 |
| (DD) "Related member" has the same meaning as in section | 74842 |
| 5733.042 of the Revised Code. | 74843 |
| (EE)(1) For the purposes of division (EE) of this section: | 74844 |
| (a) "Qualifying person" means any person other than a | 74845 |
| qualifying corporation. | 74846 |
| (b) "Qualifying corporation" means any person classified for | 74847 |
| federal income tax purposes as an association taxable as a | 74848 |
| corporation, except either of the following: | 74849 |
| (i) A corporation that has made an election under subchapter | 74850 |
| S, chapter one, subtitle A, of the Internal Revenue Code for its | 74851 |
| taxable year ending within, or on the last day of, the investor's | 74852 |
| taxable year; | 74853 |
| (ii) A subsidiary that is wholly owned by any corporation | 74854 |
| that has made an election under subchapter S, chapter one, | 74855 |
| subtitle A of the Internal Revenue Code for its taxable year | 74856 |
| ending within, or on the last day of, the investor's taxable year. | 74857 |
| (2) For the purposes of this chapter, unless expressly stated | 74858 |
| otherwise, no qualifying person indirectly owns any asset directly | 74859 |
| or indirectly owned by any qualifying corporation. | 74860 |
| (FF) For purposes of this chapter and Chapter 5751. of the | 74861 |
| Revised Code: | 74862 |
| (1) "Trust" does not include a qualified pre-income tax | 74863 |
| trust. | 74864 |
| (2) A "qualified pre-income tax trust" is any pre-income tax | 74865 |
| trust that makes a qualifying pre-income tax trust election as | 74866 |
| described in division (FF)(3) of this section. | 74867 |
| (3) A "qualifying pre-income tax trust election" is an | 74868 |
| election by a pre-income tax trust to subject to the tax imposed | 74869 |
| by section 5751.02 of the Revised Code the pre-income tax trust | 74870 |
| and all pass-through entities of which the trust owns or controls, | 74871 |
| directly, indirectly, or constructively through related interests, | 74872 |
| five per cent or more of the ownership or equity interests. The | 74873 |
| trustee shall notify the tax commissioner in writing of the | 74874 |
| election on or before April 15, 2006. The election, if timely | 74875 |
| made, shall be effective on and after January 1, 2006, and shall | 74876 |
| apply for all tax periods and tax years until revoked by the | 74877 |
| trustee of the trust. | 74878 |
| (4) A "pre-income tax trust" is a trust that satisfies all of | 74879 |
| the following requirements: | 74880 |
| (a) The document or instrument creating the trust was | 74881 |
| executed by the grantor before January 1, 1972; | 74882 |
| (b) The trust became irrevocable upon the creation of the | 74883 |
| trust; and | 74884 |
| (c) The grantor was domiciled in this state at the time the | 74885 |
| trust was created. | 74886 |
| Sec. 5747.02. (A) For the purpose of providing revenue for | 74887 |
| the support of schools and local government functions, to provide | 74888 |
| relief to property taxpayers, to provide revenue for the general | 74889 |
| revenue fund, and to meet the expenses of administering the tax | 74890 |
| levied by this chapter, there is hereby levied on every | 74891 |
| individual, trust, and estate residing in or earning or receiving | 74892 |
| income in this state, on every individual, trust, and estate | 74893 |
| earning or receiving lottery winnings, prizes, or awards pursuant | 74894 |
| to Chapter 3770. of the Revised Code, on every individual, trust, | 74895 |
| and estate earning or receiving winnings on casino gaming, and on | 74896 |
| every individual, trust, and estate otherwise having nexus with or | 74897 |
| in this state under the Constitution of the United States, an | 74898 |
| annual tax measured in the case of individuals by Ohio adjusted | 74899 |
| gross income less an exemption for the taxpayer, the taxpayer's | 74900 |
| spouse, and each dependent as provided in section 5747.025 of the | 74901 |
| Revised Code; measured in the case of trusts by modified Ohio | 74902 |
| taxable income under division (D) of this section; and measured in | 74903 |
| the case of estates by Ohio taxable income. The tax imposed by | 74904 |
| this section on the balance thus obtained is hereby levied as | 74905 |
| follows: | 74906 |
| (1) For taxable years beginning in 2004: | 74907 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74908 | ||
| OR | 74909 | ||
| MODIFIED OHIO | 74910 | ||
| TAXABLE INCOME (TRUSTS) | 74911 | ||
| OR | 74912 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74913 |
| $5,000 or less | .743% | 74914 | ||
| More than $5,000 but not more than $10,000 | $37.15 plus 1.486% of the amount in excess of $5,000 | 74915 | ||
| More than $10,000 but not more than $15,000 | $111.45 plus 2.972% of the amount in excess of $10,000 | 74916 | ||
| More than $15,000 but not more than $20,000 | $260.05 plus 3.715% of the amount in excess of $15,000 | 74917 | ||
| More than $20,000 but not more than $40,000 | $445.80 plus 4.457% of the amount in excess of $20,000 | 74918 | ||
| More than $40,000 but not more than $80,000 | $1,337.20 plus 5.201% of the amount in excess of $40,000 | 74919 | ||
| More than $80,000 but not more than $100,000 | $3,417.60 plus 5.943% of the amount in excess of $80,000 | 74920 | ||
| More than $100,000 but not more than $200,000 | $4,606.20 plus 6.9% of the amount in excess of $100,000 | 74921 | ||
| More than $200,000 | $11,506.20 plus 7.5% of the amount in excess of $200,000 | 74922 |
| (2) For taxable years beginning in 2005: | 74923 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74924 | ||
| OR | 74925 | ||
| MODIFIED OHIO | 74926 | ||
| TAXABLE INCOME (TRUSTS) | 74927 | ||
| OR | 74928 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74929 |
| $5,000 or less | .712% | 74930 | ||
| More than $5,000 but not more than $10,000 | $35.60 plus 1.424% of the amount in excess of $5,000 | 74931 | ||
| More than $10,000 but not more than $15,000 | $106.80 plus 2.847% of the amount in excess of $10,000 | 74932 | ||
| More than $15,000 but not more than $20,000 | $249.15 plus 3.559% of the amount in excess of $15,000 | 74933 | ||
| More than $20,000 but not more than $40,000 | $427.10 plus 4.27% of the amount in excess of $20,000 | 74934 | ||
| More than $40,000 but not more than $80,000 | $1,281.10 plus 4.983% of the amount in excess of $40,000 | 74935 | ||
| More than $80,000 but not more than $100,000 | $3,274.30 plus 5.693% of the amount in excess of $80,000 | 74936 | ||
| More than $100,000 but not more than $200,000 | $4,412.90 plus 6.61% of the amount in excess of $100,000 | 74937 | ||
| More than $200,000 | $11,022.90 plus 7.185% of the amount in excess of $200,000 | 74938 |
| (3) For taxable years beginning in 2006: | 74939 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74940 | ||
| OR | 74941 | ||
| MODIFIED OHIO | 74942 | ||
| TAXABLE INCOME (TRUSTS) | 74943 | ||
| OR | 74944 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74945 |
| $5,000 or less | .681% | 74946 | ||
| More than $5,000 but not more than $10,000 | $34.05 plus 1.361% of the amount in excess of $5,000 | 74947 | ||
| More than $10,000 but not more than $15,000 | $102.10 plus 2.722% of the amount in excess of $10,000 | 74948 | ||
| More than $15,000 but not more than $20,000 | $238.20 plus 3.403% of the amount in excess of $15,000 | 74949 | ||
| More than $20,000 but not more than $40,000 | $408.35 plus 4.083% of the amount in excess of $20,000 | 74950 | ||
| More than $40,000 but not more than $80,000 | $1,224.95 plus 4.764% of the amount in excess of $40,000 | 74951 | ||
| More than $80,000 but not more than $100,000 | $3,130.55 plus 5.444% of the amount in excess of $80,000 | 74952 | ||
| More than $100,000 but not more than $200,000 | $4,219.35 plus 6.32% of the amount in excess of $100,000 | 74953 | ||
| More than $200,000 | $10,539.35 plus 6.87% of the amount in excess of $200,000 | 74954 |
| (4) For taxable years beginning in 2007: | 74955 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74956 | ||
| OR | 74957 | ||
| MODIFIED OHIO | 74958 | ||
| TAXABLE INCOME (TRUSTS) | 74959 | ||
| OR | 74960 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74961 |
| $5,000 or less | .649% | 74962 | ||
| More than $5,000 but not more than $10,000 | $32.45 plus 1.299% of the amount in excess of $5,000 | 74963 | ||
| More than $10,000 but not more than $15,000 | $97.40 plus 2.598% of the amount in excess of $10,000 | 74964 | ||
| More than $15,000 but not more than $20,000 | $227.30 plus 3.247% of the amount in excess of $15,000 | 74965 | ||
| More than $20,000 but not more than $40,000 | $389.65 plus 3.895% of the amount in excess of $20,000 | 74966 | ||
| More than $40,000 but not more than $80,000 | $1,168.65 plus 4.546% of the amount in excess of $40,000 | 74967 | ||
| More than $80,000 but not more than $100,000 | $2,987.05 plus 5.194% of the amount in excess of $80,000 | 74968 | ||
| More than $100,000 but not more than $200,000 | $4,025.85 plus 6.031% of the amount in excess of $100,000 | 74969 | ||
| More than $200,000 | $10,056.85 plus 6.555% of the amount in excess of $200,000 | 74970 |
| (5) For taxable years beginning in 2008, 2009, or 2010: | 74971 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74972 | ||
| OR | 74973 | ||
| MODIFIED OHIO | 74974 | ||
| TAXABLE INCOME (TRUSTS) | 74975 | ||
| OR | 74976 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74977 |
| $5,000 or less | .618% | 74978 | ||
| More than $5,000 but not more than $10,000 | $30.90 plus 1.236% of the amount in excess of $5,000 | 74979 | ||
| More than $10,000 but not more than $15,000 | $92.70 plus 2.473% of the amount in excess of $10,000 | 74980 | ||
| More than $15,000 but not more than $20,000 | $216.35 plus 3.091% of the amount in excess of $15,000 | 74981 | ||
| More than $20,000 but not more than $40,000 | $370.90 plus 3.708% of the amount in excess of $20,000 | 74982 | ||
| More than $40,000 but not more than $80,000 | $1,112.50 plus 4.327% of the amount in excess of $40,000 | 74983 | ||
| More than $80,000 but not more than $100,000 | $2,843.30 plus 4.945% of the amount in excess of $80,000 | 74984 | ||
| More than $100,000 but not more than $200,000 | $3,832.30 plus 5.741% of the amount in excess of $100,000 | 74985 | ||
| More than $200,000 | $9,573.30 plus 6.24% of the amount in excess of $200,000 | 74986 |
| (6) For taxable years beginning in 2011 or thereafter: | 74987 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 74988 | ||
| OR | 74989 | ||
| MODIFIED OHIO | 74990 | ||
| TAXABLE INCOME (TRUSTS) | 74991 | ||
| OR | 74992 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 74993 |
| $5,000 or less | .587% | 74994 | ||
| More than $5,000 but not more than $10,000 | $29.35 plus 1.174% of the amount in excess of $5,000 | 74995 | ||
| More than $10,000 but not more than $15,000 | $88.05 plus 2.348% of the amount in excess of $10,000 | 74996 | ||
| More than $15,000 but not more than $20,000 | $205.45 plus 2.935% of the amount in excess of $15,000 | 74997 | ||
| More than $20,000 but not more than $40,000 | $352.20 plus 3.521% of the amount in excess of $20,000 | 74998 | ||
| More than $40,000 but not more than $80,000 | $1,056.40 plus 4.109% of the amount in excess of $40,000 | 74999 | ||
| More than $80,000 but not more than $100,000 | $2,700.00 plus 4.695% of the amount in excess of $80,000 | 75000 | ||
| More than $100,000 but not more than $200,000 | $3,639.00 plus 5.451% of the amount in excess of $100,000 | 75001 | ||
| More than $200,000 | $9,090.00 plus 5.925% of the amount in excess of $200,000 | 75002 |
| In July of each year, beginning in 2010, the tax commissioner | 75003 |
| shall adjust the income amounts prescribed in this division by | 75004 |
| multiplying the percentage increase in the gross domestic product | 75005 |
| deflator computed that year under section 5747.025 of the Revised | 75006 |
| Code by each of the income amounts resulting from the adjustment | 75007 |
| under this division in the preceding year, adding the resulting | 75008 |
| product to the corresponding income amount resulting from the | 75009 |
| adjustment in the preceding year, and rounding the resulting sum | 75010 |
| to the nearest multiple of fifty dollars. The tax commissioner | 75011 |
| also shall recompute each of the tax dollar amounts to the extent | 75012 |
| necessary to reflect the adjustment of the income amounts. The | 75013 |
| rates of taxation shall not be adjusted. | 75014 |
| The adjusted amounts apply to taxable years beginning in the | 75015 |
| calendar year in which the adjustments are made. The tax | 75016 |
| commissioner shall not make such adjustments in any year in which | 75017 |
| the amount resulting from the adjustment would be less than the | 75018 |
| amount resulting from the adjustment in the preceding year. | 75019 |
| (B)(1) If the director of budget and management makes a | 75020 |
| certification to the tax commissioner under division (B) of | 75021 |
| section 131.44 of the Revised Code, the amount of tax as | 75022 |
| determined under division (A) of this section shall be reduced by | 75023 |
| the percentage prescribed in that certification for taxable years | 75024 |
| beginning in the calendar year in which that certification is | 75025 |
| made, in addition to any reduction under division (B)(2) of this | 75026 |
| section. | 75027 |
| (2) If the director of budget and management makes a | 75028 |
| certification to the tax commissioner under division (B) of | 75029 |
| section 131.46 of the Revised Code, the amount of tax as | 75030 |
| determined under division (A) of this section shall be reduced by | 75031 |
| the percentage prescribed in that certification for taxable years | 75032 |
| beginning in the calendar year in which that certification is | 75033 |
| made, in addition to any reduction under division (B)(1) of this | 75034 |
| section. The resulting rates shall be rounded to the nearest one | 75035 |
| thousandth of one per cent. | 75036 |
| (C) The levy of this tax on income does not prevent a | 75037 |
| municipal corporation, a joint economic development zone created | 75038 |
| under section 715.691, or a joint economic development district | 75039 |
| created under section 715.70 or 715.71 or sections 715.72 to | 75040 |
| 715.81 of the Revised Code from levying a tax on income. | 75041 |
| (D) This division applies only to taxable years of a trust | 75042 |
| beginning in 2002 or thereafter. | 75043 |
| (1) The tax imposed by this section on a trust shall be | 75044 |
| computed by multiplying the Ohio modified taxable income of the | 75045 |
| trust by the rates prescribed by division (A) of this section. | 75046 |
| (2) A resident trust may claim a credit against the tax | 75047 |
| computed under division (D) of this section equal to the lesser of | 75048 |
| (1) the tax paid to another state or the District of Columbia on | 75049 |
| the resident trust's modified nonbusiness income, other than the | 75050 |
| portion of the resident trust's nonbusiness income that is | 75051 |
| qualifying investment income as defined in section 5747.012 of the | 75052 |
| Revised Code, or (2) the effective tax rate, based on modified | 75053 |
| Ohio taxable income, multiplied by the resident trust's modified | 75054 |
| nonbusiness income other than the portion of the resident trust's | 75055 |
| nonbusiness income that is qualifying investment income. The | 75056 |
| credit applies before any other applicable credits. | 75057 |
| (3) The credits enumerated in divisions (A)(1) to (13) of | 75058 |
| section 5747.98 of the Revised Code do not apply to a trust | 75059 |
| subject to division (D) of this section. Any credits enumerated in | 75060 |
| other divisions of section 5747.98 of the Revised Code apply to a | 75061 |
| trust subject to division (D) of this section. To the extent that | 75062 |
| the trust distributes income for the taxable year for which a | 75063 |
| credit is available to the trust, the credit shall be shared by | 75064 |
| the trust and its beneficiaries. The tax commissioner and the | 75065 |
| trust shall be guided by applicable regulations of the United | 75066 |
| States treasury regarding the sharing of credits. | 75067 |
| (E) For the purposes of this section, "trust" means any trust | 75068 |
| described in Subchapter J of Chapter 1 of the Internal Revenue | 75069 |
| Code, excluding trusts that are not irrevocable as defined in | 75070 |
| division (I)(3)(b) of section 5747.01 of the Revised Code and that | 75071 |
| have no modified Ohio taxable income for the taxable year, | 75072 |
| charitable remainder trusts, qualified funeral trusts and preneed | 75073 |
| funeral contract trusts established pursuant to sections 4717.31 | 75074 |
| to 4717.38 of the Revised Code that are not qualified funeral | 75075 |
| trusts, endowment and perpetual care trusts, qualified settlement | 75076 |
| trusts and funds, designated settlement trusts and funds, and | 75077 |
| trusts exempted from taxation under section 501(a) of the Internal | 75078 |
| Revenue Code. | 75079 |
| Sec. 5747.082. (A) As used in this section: | 75080 |
| (1) "Electronic technology" means electronic technology | 75081 |
| acceptable to the tax commissioner under division (B) of this | 75082 |
| section. | 75083 |
| (2) "Original tax return" means any report, return, or other | 75084 |
| tax document required to be filed under this chapter for the | 75085 |
| purpose of reporting the taxes due under, and withholdings | 75086 |
| required by, this chapter. "Original tax return" does not include | 75087 |
| an amended return or any declaration or form required by or filed | 75088 |
| in connection with section 5747.09 of the Revised Code. | 75089 |
| (3) "Related member" has the same meaning as in section | 75090 |
| 5733.042 of the Revised Code. | 75091 |
| (4) "Tax return preparer" means any person that operates a | 75092 |
| business that prepares, or directly or indirectly employs another | 75093 |
| person to prepare, for a taxpayer an original tax return in | 75094 |
| exchange for compensation or remuneration from the taxpayer or the | 75095 |
| taxpayer's related member. With respect to the preparation of a | 75096 |
| return or application for refund under this chapter, "tax return | 75097 |
| preparer" does not include an individual who performs only one or | 75098 |
| more of the following activities: | 75099 |
| (a) Furnishes typing, reproducing, or other mechanical | 75100 |
| assistance; | 75101 |
| (b) Prepares an application for refund or a return on behalf | 75102 |
| of an employer by whom the individual is regularly and | 75103 |
| continuously employed, or on behalf of an officer or employee of | 75104 |
| that employer; | 75105 |
| (c) Prepares as a fiduciary an application for refund or a | 75106 |
| return; | 75107 |
| (d) Prepares an application for refund or a return for a | 75108 |
| taxpayer in response to a notice of deficiency issued to the | 75109 |
| taxpayer or the taxpayer's related member, or in response to a | 75110 |
| waiver of restriction after the commencement of an audit of the | 75111 |
| taxpayer or the taxpayer's related member. | 75112 |
| (B) Divisions (C) and (D) of this section apply to the filing | 75113 |
| of original tax returns that are due in a calendar year only if | 75114 |
| the tax commissioner, by the last day of the calendar year | 75115 |
| immediately preceding the calendar year in which such returns are | 75116 |
| due, has published on the department of taxation's official | 75117 |
| internet web site at least one method of electronic technology | 75118 |
| acceptable to the commissioner for filing such returns. | 75119 |
| (C) A tax return preparer that prepares more than | 75120 |
| seventy-five original tax returns during any calendar year that | 75121 |
| 75122 | |
| that prepares more than eleven original tax returns during any | 75123 |
|
calendar year that begins on or after January 1, 2013, shall | 75124 |
| 75125 | |
| the tax commissioner all original tax returns prepared by the tax | 75126 |
| return preparer. This division does not apply to a tax return | 75127 |
|
preparer | 75128 |
| 2013, if, during the previous calendar year, the tax return | 75129 |
| preparer prepared no more than twenty-five original tax returns. | 75130 |
| This division does not apply to a tax return preparer in any | 75131 |
| calendar year that begins on or after January 1, 2013, if, during | 75132 |
| the previous calendar year, the tax return preparer prepared not | 75133 |
| more than ten original tax returns. | 75134 |
| (D) If a tax return preparer required by this section to | 75135 |
| submit original tax returns by electronic technology files an | 75136 |
| original tax return by some means other than by electronic | 75137 |
| technology, the tax commissioner shall impose a penalty of fifty | 75138 |
|
dollars for each return, in excess of seventy-five in | 75139 |
| year 2010, 2011, or 2012, or in excess of eleven in any calendar | 75140 |
| year thereafter, that is not filed by electronic technology. Upon | 75141 |
| good cause shown by the tax return preparer, the tax commissioner | 75142 |
| may waive all or any portion of the penalty or may refund all or | 75143 |
| any portion of the penalty the tax return preparer has paid. | 75144 |
| Sec. 5747.11. (A) The tax commissioner shall refund to | 75145 |
| employers, qualifying entities, or taxpayers, with respect to any | 75146 |
| tax imposed under section 5733.41, 5747.02, or 5747.41, or Chapter | 75147 |
| 5748. of the Revised Code: | 75148 |
| (1) Overpayments of more than one dollar; | 75149 |
| (2) Amounts in excess of one dollar paid illegally or | 75150 |
| erroneously; | 75151 |
| (3) Amounts in excess of one dollar paid on an illegal, | 75152 |
| erroneous, or excessive assessment. | 75153 |
| (B) Except as otherwise provided under divisions | 75154 |
| 75155 | |
| with the tax commissioner, on the form prescribed by the | 75156 |
| commissioner, within four years from the date of the illegal, | 75157 |
| erroneous, or excessive payment of the tax, or within any | 75158 |
| additional period allowed by division (B)(3)(b) of section | 75159 |
| 5747.05, division (B) of section 5747.10, division (A) of section | 75160 |
| 5747.13, or division (C) of section 5747.45 of the Revised Code. | 75161 |
| On filing of the refund application, the commissioner shall | 75162 |
| determine the amount of refund due and certify such amount to the | 75163 |
| director of budget and management and treasurer of state for | 75164 |
| payment from the tax refund fund created by section 5703.052 of | 75165 |
| the Revised Code. Payment shall be made as provided in division | 75166 |
| (C) of section 126.35 of the Revised Code. | 75167 |
| (C) If a taxpayer claims a refundable credit against the tax | 75168 |
| imposed under section 5747.02 of the Revised Code, any payment | 75169 |
| that is refunded to the taxpayer as a result of the allowance of | 75170 |
| the credit shall not be considered an illegal, erroneous, or | 75171 |
| excessive payment for purposes of division (B) of this section. No | 75172 |
| interest shall be allowed on an amount refunded to a taxpayer to | 75173 |
| the extent that the refund results from the allowance of a | 75174 |
| refundable credit. | 75175 |
| (D)(1) Interest shall be allowed and paid upon any illegal or | 75176 |
| erroneous assessment in excess of one dollar in respect of the tax | 75177 |
| imposed under section 5747.02 or Chapter 5748. of the Revised Code | 75178 |
| at the rate per annum prescribed by section 5703.47 of the Revised | 75179 |
|
Code | 75180 |
| 75181 | |
| 75182 | |
| 75183 | |
| 75184 | |
| 75185 | |
| 75186 | |
| 75187 |
| (2) Interest shall be allowed and paid at the rate per annum | 75188 |
| prescribed by section 5703.47 of the Revised Code upon any | 75189 |
| overpayment in excess of one dollar in respect of the tax imposed | 75190 |
| under section 5747.02 or Chapter 5748. of the Revised Code from | 75191 |
| the date of the overpayment until the date of the refund of the | 75192 |
| overpayment, except that if any overpayment is refunded within | 75193 |
| ninety days after the final filing date of the annual return or | 75194 |
| ninety days after the return is filed, whichever is later, no | 75195 |
| interest shall be allowed on such overpayment. If the overpayment | 75196 |
| results from the carryback of a net operating loss or net capital | 75197 |
| loss to a previous taxable year, the overpayment is deemed not to | 75198 |
| have been made prior to the filing date, including any extension | 75199 |
| thereof, for the taxable year in which the net operating loss or | 75200 |
| net capital loss arises. For purposes of the payment of interest | 75201 |
| on overpayments, no amount of tax, for any taxable year, shall be | 75202 |
| treated as having been paid before the date on which the tax | 75203 |
| return for that year was due without regard to any extension of | 75204 |
| time for filing such return. | 75205 |
| (3) Interest shall be allowed at the rate per annum | 75206 |
| prescribed by section 5703.47 of the Revised Code on amounts | 75207 |
| refunded with respect to the taxes imposed under sections 5733.41 | 75208 |
| and 5747.41 of the Revised Code. The interest shall run from | 75209 |
| whichever of the following days is the latest until the day the | 75210 |
| refund is paid: the day the illegal, erroneous, or excessive | 75211 |
| payment was made; the ninetieth day after the final day the annual | 75212 |
| report was required to be filed under section 5747.42 of the | 75213 |
| Revised Code; or the ninetieth day after the day that report was | 75214 |
| filed. | 75215 |
| | 75216 |
| under section 5733.41, 5747.02, or 5747.41 or Chapter 5748. of the | 75217 |
| Revised Code results from the filing of an amended return or | 75218 |
| report, or the payment accompanying an amended return or report, | 75219 |
| by an employer or taxpayer, interest on the amount refunded shall | 75220 |
| run from the date the amended return or report was filed, as | 75221 |
| determined under division (H) of section 5747.08 of the Revised | 75222 |
| Code, until the date the refund is paid. | 75223 |
| (E) "Ninety days" shall be substituted for "four years" in | 75224 |
| division (B) of this section if the taxpayer satisfies both of the | 75225 |
| following conditions: | 75226 |
| (1) The taxpayer has applied for a refund based in whole or | 75227 |
| in part upon section 5747.059 of the Revised Code; | 75228 |
| (2) The taxpayer asserts that either the imposition or | 75229 |
| collection of the tax imposed or charged by this chapter or any | 75230 |
| portion of such tax violates the Constitution of the United States | 75231 |
| or the Constitution of Ohio. | 75232 |
| | 75233 |
| all of the following conditions are satisfied: | 75234 |
| (a) A qualifying entity pays an amount of the tax imposed by | 75235 |
| section 5733.41 or 5747.41 of the Revised Code; | 75236 |
| (b) The taxpayer is a qualifying investor as to that | 75237 |
| qualifying entity; | 75238 |
| (c) The taxpayer did not claim the credit provided for in | 75239 |
| section 5747.059 of the Revised Code as to the tax described in | 75240 |
|
division | 75241 |
| (d) The four-year period described in division (B) of this | 75242 |
| section has ended as to the taxable year for which the taxpayer | 75243 |
| otherwise would have claimed that credit. | 75244 |
| (2) A taxpayer shall file an application for refund pursuant | 75245 |
|
to division | 75246 |
|
the payment described in division | 75247 |
|
made. An application filed under division | 75248 |
| section shall claim refund only of overpayments resulting from the | 75249 |
| taxpayer's failure to claim the credit described in division | 75250 |
| 75251 | |
| section shall be construed to relieve a taxpayer from complying | 75252 |
| with division (A)(16) of section 5747.01 of the Revised Code. | 75253 |
| Sec. 5747.65. There is hereby allowed a refundable credit | 75254 |
| against the tax imposed under section 5747.02 of the Revised Code. | 75255 |
| The amount of the credit shall equal the taxpayer's proportionate | 75256 |
| share of the lesser of either the tax due or the tax paid for the | 75257 |
| tax imposed by section 5726.02 of the Revised Code by a | 75258 |
| pass-through entity for the pass-through entity's taxable year | 75259 |
| ending in the taxpayer's taxable year. | 75260 |
| The taxpayer shall claim the credit for the taxpayer's | 75261 |
| taxable year that includes the last day of the pass-through | 75262 |
| entity's taxable year. For purposes of making tax payments under | 75263 |
| this chapter, taxes equal to the amount of the credit shall be | 75264 |
| considered to be paid by the taxpayer on the day the pass-through | 75265 |
| entity pays to the treasurer of state the amount due for the tax | 75266 |
| imposed by section 5726.02 of the Revised Code. | 75267 |
| In claiming the credit and determining the taxpayer's | 75268 |
| proportionate share of the tax due and the tax paid by a | 75269 |
| pass-through entity, the taxpayer shall follow the concepts set | 75270 |
| forth in subchapters J and K of the Internal Revenue Code. | 75271 |
| The credit shall be claimed in the order required under | 75272 |
| section 5747.98 of the Revised Code. If the amount of the credit | 75273 |
| exceeds the amount of tax otherwise due under section 5747.02 of | 75274 |
| the Revised Code after deduction of all other credits in that | 75275 |
| order, the taxpayer is entitled to a refund of the excess. | 75276 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 75277 |
| calculating the amount of tax due under section 5747.02 of the | 75278 |
| Revised Code, a taxpayer shall claim any credits to which the | 75279 |
| taxpayer is entitled in the following order: | 75280 |
| (1) The retirement income credit under division (B) of | 75281 |
| section 5747.055 of the Revised Code; | 75282 |
| (2) The senior citizen credit under division (C) of section | 75283 |
| 5747.05 of the Revised Code; | 75284 |
| (3) The lump sum distribution credit under division (D) of | 75285 |
| section 5747.05 of the Revised Code; | 75286 |
| (4) The dependent care credit under section 5747.054 of the | 75287 |
| Revised Code; | 75288 |
| (5) The lump sum retirement income credit under division (C) | 75289 |
| of section 5747.055 of the Revised Code; | 75290 |
| (6) The lump sum retirement income credit under division (D) | 75291 |
| of section 5747.055 of the Revised Code; | 75292 |
| (7) The lump sum retirement income credit under division (E) | 75293 |
| of section 5747.055 of the Revised Code; | 75294 |
| (8) The low-income credit under section 5747.056 of the | 75295 |
| Revised Code; | 75296 |
| (9) The credit for displaced workers who pay for job training | 75297 |
| under section 5747.27 of the Revised Code; | 75298 |
| (10) The campaign contribution credit under section 5747.29 | 75299 |
| of the Revised Code; | 75300 |
| (11) The twenty-dollar personal exemption credit under | 75301 |
| section 5747.022 of the Revised Code; | 75302 |
| (12) The joint filing credit under division (G) of section | 75303 |
| 5747.05 of the Revised Code; | 75304 |
| (13) The nonresident credit under division (A) of section | 75305 |
| 5747.05 of the Revised Code; | 75306 |
| (14) The credit for a resident's out-of-state income under | 75307 |
| division (B) of section 5747.05 of the Revised Code; | 75308 |
| (15) The credit for employers that enter into agreements with | 75309 |
| child day-care centers under section 5747.34 of the Revised Code; | 75310 |
| (16) The credit for employers that reimburse employee child | 75311 |
| care expenses under section 5747.36 of the Revised Code; | 75312 |
| (17) The credit for adoption of a minor child under section | 75313 |
| 5747.37 of the Revised Code; | 75314 |
| (18) The credit for purchases of lights and reflectors under | 75315 |
| section 5747.38 of the Revised Code; | 75316 |
| (19) The nonrefundable job retention credit under division | 75317 |
| (B) of section 5747.058 of the Revised Code; | 75318 |
| (20) The credit for selling alternative fuel under section | 75319 |
| 5747.77 of the Revised Code; | 75320 |
| (21) The second credit for purchases of new manufacturing | 75321 |
| machinery and equipment and the credit for using Ohio coal under | 75322 |
| section 5747.31 of the Revised Code; | 75323 |
| (22) The job training credit under section 5747.39 of the | 75324 |
| Revised Code; | 75325 |
| (23) The enterprise zone credit under section 5709.66 of the | 75326 |
| Revised Code; | 75327 |
| (24) The credit for the eligible costs associated with a | 75328 |
| voluntary action under section 5747.32 of the Revised Code; | 75329 |
| (25) The credit for employers that establish on-site child | 75330 |
| day-care centers under section 5747.35 of the Revised Code; | 75331 |
| (26) The ethanol plant investment credit under section | 75332 |
| 5747.75 of the Revised Code; | 75333 |
| (27) The credit for purchases of qualifying grape production | 75334 |
| property under section 5747.28 of the Revised Code; | 75335 |
| (28) The small business investment credit under section | 75336 |
| 5747.81 of the Revised Code; | 75337 |
| (29) The credit for research and development and technology | 75338 |
| transfer investors under section 5747.33 of the Revised Code; | 75339 |
| (30) The enterprise zone credits under section 5709.65 of the | 75340 |
| Revised Code; | 75341 |
| (31) The research and development credit under section | 75342 |
| 5747.331 of the Revised Code; | 75343 |
| (32) The credit for rehabilitating a historic building under | 75344 |
| section 5747.76 of the Revised Code; | 75345 |
| (33) The refundable credit for rehabilitating a historic | 75346 |
| building under section 5747.76 of the Revised Code; | 75347 |
| (34) The refundable jobs creation credit or job retention | 75348 |
| credit under division (A) of section 5747.058 of the Revised Code; | 75349 |
| (35) The refundable credit for taxes paid by a qualifying | 75350 |
| entity granted under section 5747.059 of the Revised Code; | 75351 |
| (36) The refundable credits for taxes paid by a qualifying | 75352 |
| pass-through entity granted under division (J) of section 5747.08 | 75353 |
| of the Revised Code; | 75354 |
| (37) The refundable credit for tax withheld under division | 75355 |
| (B)(1) of section 5747.062 of the Revised Code; | 75356 |
| (38) The refundable credit for tax withheld under section | 75357 |
| 5747.063 of the Revised Code; | 75358 |
| (39) The refundable credit under section 5747.80 of the | 75359 |
| Revised Code for losses on loans made to the Ohio venture capital | 75360 |
| program under sections 150.01 to 150.10 of the Revised Code; | 75361 |
| (40) The refundable motion picture production credit under | 75362 |
| section 5747.66 of the Revised Code; | 75363 |
| (41) The refundable credit for financial institution taxes | 75364 |
| paid by a pass-through entity granted under section 5747.65 of the | 75365 |
| Revised Code. | 75366 |
| (B) For any credit, except the refundable credits enumerated | 75367 |
| in this section and the credit granted under division (I) of | 75368 |
| section 5747.08 of the Revised Code, the amount of the credit for | 75369 |
| a taxable year shall not exceed the tax due after allowing for any | 75370 |
| other credit that precedes it in the order required under this | 75371 |
| section. Any excess amount of a particular credit may be carried | 75372 |
| forward if authorized under the section creating that credit. | 75373 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 75374 |
| claim, directly or indirectly, a credit more than once for a | 75375 |
| taxable year. | 75376 |
| Sec. 5749.01. As used in this chapter: | 75377 |
| (A) "Ton" shall mean two thousand pounds as measured at the | 75378 |
| point and time of severance, after the removal of any impurities, | 75379 |
| under such rules and regulations as the tax commissioner may | 75380 |
| prescribe. | 75381 |
| (B) "Taxpayer" means any person required to pay the tax | 75382 |
| levied by Chapter 5749. of the Revised Code. | 75383 |
| (C) "Natural resource" means all forms of coal, salt, | 75384 |
|
limestone, dolomite, sand, gravel, | 75385 |
| (D) "Owner" has the same meaning as in section 1509.01 of the | 75386 |
| Revised Code. | 75387 |
| (E) "Person" means any individual, firm, partnership, | 75388 |
| association, joint stock company, corporation, or estate, or | 75389 |
| combination thereof. | 75390 |
| (F) "Return" means any report or statement required to be | 75391 |
| filed pursuant to Chapter 5749. of the Revised Code used to | 75392 |
| determine the tax due. | 75393 |
| (G) "Severance" means the extraction or other removal of a | 75394 |
| natural resource from the soil or water of this state. | 75395 |
| (H) "Severed" means the point at which the natural resource | 75396 |
| has been separated from the soil or water in this state. | 75397 |
| (I) "Severer" means any person who actually removes the | 75398 |
| natural resources from the soil or water in this state. | 75399 |
| (J) "Horizontal well" has the same meaning as in section | 75400 |
| 1509.01 of the Revised Code. | 75401 |
| (K) "Condensate" has the same meaning as in section 1509.01 | 75402 |
| of the Revised Code. | 75403 |
| (L) "Gas" means pipeline quality gas. | 75404 |
| (M) "Daily closing spot price" means one of the following: | 75405 |
| (1) For oil, the WTI Cushing price; | 75406 |
| (2) For gas, the Henry hub price; | 75407 |
| (3) For condensate, the Mont Belvieu price. | 75408 |
| Sec. 5749.02. (A) For the purpose of providing revenue to | 75409 |
| administer the state's coal mining and reclamation regulatory | 75410 |
| program, to meet the environmental and resource management needs | 75411 |
| of this state, to provide funding for the shale resource income | 75412 |
| tax relief fund, and to reclaim land affected by mining, an excise | 75413 |
| tax is hereby levied on the privilege of engaging in the severance | 75414 |
| of natural resources from the soil or water of this state. The tax | 75415 |
|
shall be imposed upon the severer | 75416 |
| prescribed by divisions (A)(1) to (11) of this section: | 75417 |
| (1) Ten cents per ton of coal; | 75418 |
| (2) Four cents per ton of salt; | 75419 |
| (3) Two cents per ton of limestone or dolomite; | 75420 |
| (4) Two cents per ton of sand and gravel; | 75421 |
| (5) | 75422 |
| section, ten cents per barrel of oil; | 75423 |
| (6) | 75424 |
| of this section, the lesser of three cents per thousand cubic feet | 75425 |
|
of | 75426 |
| quarterly volume of gas multiplied by the average of the daily | 75427 |
| closing spot prices of gas reported on the new York mercantile | 75428 |
| exchange for the quarterly reporting period; | 75429 |
| (7) One cent per ton of clay, sandstone or conglomerate, | 75430 |
| shale, gypsum, or quartzite; | 75431 |
| (8) Except as otherwise provided in this division or in rules | 75432 |
| adopted by the reclamation forfeiture fund advisory board under | 75433 |
| section 1513.182 of the Revised Code, an additional fourteen cents | 75434 |
| per ton of coal produced from an area under a coal mining and | 75435 |
| reclamation permit issued under Chapter 1513. of the Revised Code | 75436 |
| for which the performance security is provided under division | 75437 |
| (C)(2) of section 1513.08 of the Revised Code. Beginning July 1, | 75438 |
| 2007, if at the end of a fiscal biennium the balance of the | 75439 |
| reclamation forfeiture fund created in section 1513.18 of the | 75440 |
| Revised Code is equal to or greater than ten million dollars, the | 75441 |
| rate levied shall be twelve cents per ton. Beginning July 1, 2007, | 75442 |
| if at the end of a fiscal biennium the balance of the fund is at | 75443 |
| least five million dollars, but less than ten million dollars, the | 75444 |
| rate levied shall be fourteen cents per ton. Beginning July 1, | 75445 |
| 2007, if at the end of a fiscal biennium the balance of the fund | 75446 |
| is less than five million dollars, the rate levied shall be | 75447 |
| sixteen cents per ton. Beginning July 1, 2009, not later than | 75448 |
| thirty days after the close of a fiscal biennium, the chief of the | 75449 |
| division of mineral resources management shall certify to the tax | 75450 |
| commissioner the amount of the balance of the reclamation | 75451 |
| forfeiture fund as of the close of the fiscal biennium. Any | 75452 |
| necessary adjustment of the rate levied shall take effect on the | 75453 |
| first day of the following January and shall remain in effect | 75454 |
| during the calendar biennium that begins on that date. | 75455 |
| (9) An additional one and two-tenths cents per ton of coal | 75456 |
| mined by surface mining methods. | 75457 |
| (10)(a) Except as otherwise provided in division (A)(10)(b) | 75458 |
| of this section, four per cent of the product of the metered | 75459 |
| quarterly volume of oil or condensate produced through use of a | 75460 |
| horizontal well multiplied by the average of the daily closing | 75461 |
| spot prices of oil reported on the new York mercantile exchange or | 75462 |
| condensate for the quarterly reporting period. | 75463 |
| (b) If the severer is the holder of a certificate issued | 75464 |
| under section 1509.51 of the Revised Code, one and one-half per | 75465 |
| cent of the product of the metered quarterly volume of oil | 75466 |
| produced through use of a horizontal well multiplied by the | 75467 |
| average of the daily closing spot prices of oil reported on the | 75468 |
| new York mercantile exchange or condensate for the quarterly | 75469 |
| reporting period. | 75470 |
| (11) One per cent of the product of the metered quarterly | 75471 |
| volume of gas, excluding condensate, produced through use of a | 75472 |
| horizontal well multiplied by the average of the daily closing | 75473 |
| spot prices of gas reported on the new York mercantile exchange | 75474 |
| for the quarterly reporting period. | 75475 |
| (B) Of the moneys received by the treasurer of state from the | 75476 |
| tax levied in division (A)(1) of this section, four and | 75477 |
| seventy-six-hundredths per cent shall be credited to the | 75478 |
| geological mapping fund created in section 1505.09 of the Revised | 75479 |
| Code, eighty and ninety-five-hundredths per cent shall be credited | 75480 |
| to the coal mining administration and reclamation reserve fund | 75481 |
| created in section 1513.181 of the Revised Code, and fourteen and | 75482 |
| twenty-nine-hundredths per cent shall be credited to the | 75483 |
| unreclaimed lands fund created in section 1513.30 of the Revised | 75484 |
| Code. | 75485 |
| The money received by the treasurer of state from the tax | 75486 |
| levied in division (A)(2) of this section shall be credited to the | 75487 |
| geological mapping fund. | 75488 |
| Of the moneys received by the treasurer of state from the tax | 75489 |
| levied in divisions (A)(3) and (4) of this section, seven and | 75490 |
| five-tenths per cent shall be credited to the geological mapping | 75491 |
| fund, forty-two and five-tenths per cent shall be credited to the | 75492 |
| unreclaimed lands fund, and the remainder shall be credited to the | 75493 |
| surface mining fund created in section 1514.06 of the Revised | 75494 |
| Code. | 75495 |
| Of the moneys received by the treasurer of state from the tax | 75496 |
| levied in divisions (A)(5) and (6) of this section, ninety per | 75497 |
| cent shall be credited to the oil and gas well fund created in | 75498 |
| section 1509.02 of the Revised Code and ten per cent shall be | 75499 |
| credited to the geological mapping fund. All of the moneys | 75500 |
| received by the treasurer of state from the tax levied in division | 75501 |
| (A)(7) of this section shall be credited to the surface mining | 75502 |
| fund. | 75503 |
| All of the moneys received by the treasurer of state from the | 75504 |
| tax levied in division (A)(8) of this section shall be credited to | 75505 |
| the reclamation forfeiture fund. | 75506 |
| All of the moneys received by the treasurer of state from the | 75507 |
| tax levied in division (A)(9) of this section shall be credited to | 75508 |
| the unreclaimed lands fund. | 75509 |
| All of the money received by the treasurer of state from the | 75510 |
| tax levied in divisions (A)(10) and (11) of this section shall be | 75511 |
| credited to the horizontal well tax fund, which is hereby created | 75512 |
| in the state treasury. Not later than the fifteenth day of | 75513 |
| September of each year, the tax commissioner shall calculate and | 75514 |
| certify to the director of budget and management the total amount | 75515 |
| that would have been collected from severances during the | 75516 |
| preceding fiscal year through use of a horizontal well if such | 75517 |
| severances had been taxed under divisions (A)(5) and (6) of this | 75518 |
| section, as those divisions existed on June 30, 2012, and not | 75519 |
| under divisions (A)(10) and (11) of this section. The director of | 75520 |
| budget and management, after consulting with the director of the | 75521 |
| department of natural resources, shall transfer, on or before the | 75522 |
| twenty-fifth day of September, the amount so certified from the | 75523 |
| horizontal well tax fund to funds used by the department of | 75524 |
| natural resources for the regulation, oversight, and management of | 75525 |
| oil and gas resources and extraction. Not later than the | 75526 |
| succeeding thirtieth day of September, the director of budget and | 75527 |
| management shall transfer any money remaining in the horizontal | 75528 |
| well tax fund from tax collected during the preceding fiscal year | 75529 |
| to the shale resource income tax relief fund created in section | 75530 |
| 131.46 of the Revised Code. | 75531 |
| (C) When, at the close of any fiscal year, the chief finds | 75532 |
| that the balance of the reclamation forfeiture fund, plus | 75533 |
| estimated transfers to it from the coal mining administration and | 75534 |
| reclamation reserve fund under section 1513.181 of the Revised | 75535 |
| Code, plus the estimated revenues from the tax levied by division | 75536 |
| (A)(8) of this section for the remainder of the calendar year that | 75537 |
| includes the close of the fiscal year, are sufficient to complete | 75538 |
| the reclamation of all lands for which the performance security | 75539 |
| has been provided under division (C)(2) of section 1513.08 of the | 75540 |
| Revised Code, the purposes for which the tax under division (A)(8) | 75541 |
| of this section is levied shall be deemed accomplished at the end | 75542 |
| of that calendar year. The chief, within thirty days after the | 75543 |
| close of the fiscal year, shall certify those findings to the tax | 75544 |
| commissioner, and the tax levied under division (A)(8) of this | 75545 |
| section shall cease to be imposed for the subsequent calendar year | 75546 |
| after the last day of that calendar year on coal produced under a | 75547 |
| coal mining and reclamation permit issued under Chapter 1513. of | 75548 |
| the Revised Code if the permittee has made tax payments under | 75549 |
| division (A)(8) of this section during each of the preceding five | 75550 |
| full calendar years. Not later than thirty days after the close of | 75551 |
| a fiscal year, the chief shall certify to the tax commissioner the | 75552 |
| identity of any permittees who accordingly no longer are required | 75553 |
| to pay the tax levied under division (A)(8) of this section for | 75554 |
| the subsequent calendar year. | 75555 |
| Sec. 5749.031. The tax imposed under division (A)(6) of | 75556 |
| section 5749.02 of the Revised Code does not apply to the | 75557 |
| severance of gas from a well that is not a horizontal well and | 75558 |
| that produces not more than ten thousand cubic feet of gas per day | 75559 |
| in a quarterly period, but the severer shall file the return | 75560 |
| required under section 5749.06 of the Revised Code to report the | 75561 |
| severance of such gas. | 75562 |
| Sec. 5751.01. As used in this chapter: | 75563 |
| (A) "Person" means, but is not limited to, individuals, | 75564 |
| combinations of individuals of any form, receivers, assignees, | 75565 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 75566 |
| business trusts, estates, partnerships, limited liability | 75567 |
| partnerships, limited liability companies, associations, joint | 75568 |
| ventures, clubs, societies, for-profit corporations, S | 75569 |
| corporations, qualified subchapter S subsidiaries, qualified | 75570 |
| subchapter S trusts, trusts, entities that are disregarded for | 75571 |
| federal income tax purposes, and any other entities. | 75572 |
| (B) "Consolidated elected taxpayer" means a group of two or | 75573 |
| more persons treated as a single taxpayer for purposes of this | 75574 |
| chapter as the result of an election made under section 5751.011 | 75575 |
| of the Revised Code. | 75576 |
| (C) "Combined taxpayer" means a group of two or more persons | 75577 |
| treated as a single taxpayer for purposes of this chapter under | 75578 |
| section 5751.012 of the Revised Code. | 75579 |
| (D) "Taxpayer" means any person, or any group of persons in | 75580 |
| the case of a consolidated elected taxpayer or combined taxpayer | 75581 |
| treated as one taxpayer, required to register or pay tax under | 75582 |
| this chapter. "Taxpayer" does not include excluded persons. | 75583 |
| (E) "Excluded person" means any of the following: | 75584 |
| (1) Any person with not more than one hundred fifty thousand | 75585 |
| dollars of taxable gross receipts during the calendar year. | 75586 |
| Division (E)(1) of this section does not apply to a person that is | 75587 |
| a member of a consolidated elected taxpayer; | 75588 |
| (2) A public utility that paid the excise tax imposed by | 75589 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 75590 |
| more measurement periods that include the entire tax period under | 75591 |
| this chapter, except that a public utility that is a combined | 75592 |
| company is a taxpayer with regard to the following gross receipts: | 75593 |
| (a) Taxable gross receipts directly attributed to a public | 75594 |
| utility activity, but not directly attributed to an activity that | 75595 |
| is subject to the excise tax imposed by section 5727.24 or 5727.30 | 75596 |
| of the Revised Code; | 75597 |
| (b) Taxable gross receipts that cannot be directly attributed | 75598 |
| to any activity, multiplied by a fraction whose numerator is the | 75599 |
| taxable gross receipts described in division (E)(2)(a) of this | 75600 |
| section and whose denominator is the total taxable gross receipts | 75601 |
| that can be directly attributed to any activity; | 75602 |
| (c) Except for any differences resulting from the use of an | 75603 |
| accrual basis method of accounting for purposes of determining | 75604 |
| gross receipts under this chapter and the use of the cash basis | 75605 |
| method of accounting for purposes of determining gross receipts | 75606 |
| under section 5727.24 of the Revised Code, the gross receipts | 75607 |
| directly attributed to the activity of a natural gas company shall | 75608 |
| be determined in a manner consistent with division (D) of section | 75609 |
| 5727.03 of the Revised Code. | 75610 |
| As used in division (E)(2) of this section, "combined | 75611 |
| company" and "public utility" have the same meanings as in section | 75612 |
| 5727.01 of the Revised Code. | 75613 |
| (3) A financial institution, as defined in section | 75614 |
| 5726.01 of the Revised Code, that paid the | 75615 |
|
tax | 75616 |
| of the Revised Code based on one or more taxable years that | 75617 |
| include the entire tax period under this chapter; | 75618 |
| (4) | 75619 |
| 75620 | |
| 75621 | |
| 75622 | |
| 75623 |
| | 75624 |
| 75625 |
| | 75626 |
| 75627 |
| | 75628 |
| 75629 | |
| 75630 | |
| 75631 |
| | 75632 |
| 75633 | |
| 75634 | |
| 75635 | |
| 75636 | |
| 75637 | |
| 75638 | |
| 75639 | |
| 75640 | |
| 75641 | |
| 75642 |
| | 75643 |
| 75644 |
| | 75645 |
| 75646 | |
| 75647 | |
| 75648 |
| | 75649 |
| 75650 | |
| 75651 | |
| 75652 | |
| 75653 |
| | 75654 |
| 75655 | |
| 75656 | |
| 75657 | |
| 75658 | |
| 75659 | |
| 75660 | |
| 75661 |
| | 75662 |
| 75663 | |
| 75664 | |
| 75665 | |
| 75666 | |
| 75667 | |
| 75668 | |
| 75669 | |
| 75670 |
| | 75671 |
| company, as defined in section 5725.01 of the Revised Code, that | 75672 |
| paid the insurance company premiums tax imposed by section 5725.18 | 75673 |
| or Chapter 5729. of the Revised Code based on one or more | 75674 |
| measurement periods that include the entire tax period under this | 75675 |
| chapter; | 75676 |
| | 75677 |
| 75678 | |
| 75679 | |
| 75680 | |
| 75681 | |
| 75682 | |
| 75683 |
| | 75684 |
| pre-income tax trust as defined in division (FF)(4) of section | 75685 |
| 5747.01 of the Revised Code and any pass-through entity of which | 75686 |
| such pre-income tax trust owns or controls, directly, indirectly, | 75687 |
| or constructively through related interests, more than five per | 75688 |
| cent of the ownership or equity interests. If the pre-income tax | 75689 |
| trust has made a qualifying pre-income tax trust election under | 75690 |
| division (FF)(3) of section 5747.01 of the Revised Code, then the | 75691 |
| trust and the pass-through entities of which it owns or controls, | 75692 |
| directly, indirectly, or constructively through related interests, | 75693 |
| more than five per cent of the ownership or equity interests, | 75694 |
| shall not be excluded persons for purposes of the tax imposed | 75695 |
| under section 5751.02 of the Revised Code. | 75696 |
| | 75697 |
| agencies, instrumentalities, or political subdivisions. | 75698 |
| (F) Except as otherwise provided in divisions (F)(2), (3), | 75699 |
| and (4) of this section, "gross receipts" means the total amount | 75700 |
| realized by a person, without deduction for the cost of goods sold | 75701 |
|
or other expenses incurred, | 75702 |
| 75703 | |
| property and any services received, and any debt transferred or | 75704 |
| forgiven as consideration. | 75705 |
| (1) The following are examples of gross receipts: | 75706 |
| (a) Amounts realized from the sale, exchange, or other | 75707 |
| disposition of the taxpayer's property to or with another; | 75708 |
| (b) Amounts realized from the taxpayer's performance of | 75709 |
| services for another; | 75710 |
| (c) Amounts realized from another's use or possession of the | 75711 |
| taxpayer's property or capital; | 75712 |
| (d) Any combination of the foregoing amounts. | 75713 |
| (2) "Gross receipts" excludes the following amounts: | 75714 |
| (a) Interest income except interest on credit sales; | 75715 |
| (b) Dividends and distributions from corporations, and | 75716 |
| distributive or proportionate shares of receipts and income from a | 75717 |
| pass-through entity as defined under section 5733.04 of the | 75718 |
| Revised Code; | 75719 |
| (c) Receipts from the sale, exchange, or other disposition of | 75720 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 75721 |
| Code, without regard to the length of time the person held the | 75722 |
| asset. Notwithstanding section 1221 of the Internal Revenue Code, | 75723 |
| receipts from hedging transactions also are excluded to the extent | 75724 |
| the transactions are entered into primarily to protect a financial | 75725 |
| position, such as managing the risk of exposure to (i) foreign | 75726 |
| currency fluctuations that affect assets, liabilities, profits, | 75727 |
| losses, equity, or investments in foreign operations; (ii) | 75728 |
| interest rate fluctuations; or (iii) commodity price fluctuations. | 75729 |
| As used in division (F)(2)(c) of this section, "hedging | 75730 |
| transaction" has the same meaning as used in section 1221 of the | 75731 |
| Internal Revenue Code and also includes transactions accorded | 75732 |
| hedge accounting treatment under statement of financial accounting | 75733 |
| standards number 133 of the financial accounting standards board. | 75734 |
| For the purposes of division (F)(2)(c) of this section, the actual | 75735 |
| transfer of title of real or tangible personal property to another | 75736 |
| entity is not a hedging transaction. | 75737 |
| (d) Proceeds received attributable to the repayment, | 75738 |
| maturity, or redemption of the principal of a loan, bond, mutual | 75739 |
| fund, certificate of deposit, or marketable instrument; | 75740 |
| (e) The principal amount received under a repurchase | 75741 |
| agreement or on account of any transaction properly characterized | 75742 |
| as a loan to the person; | 75743 |
| (f) Contributions received by a trust, plan, or other | 75744 |
| arrangement, any of which is described in section 501(a) of the | 75745 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 75746 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 75747 |
| (g) Compensation, whether current or deferred, and whether in | 75748 |
| cash or in kind, received or to be received by an employee, former | 75749 |
| employee, or the employee's legal successor for services rendered | 75750 |
| to or for an employer, including reimbursements received by or for | 75751 |
| an individual for medical or education expenses, health insurance | 75752 |
| premiums, or employee expenses, or on account of a dependent care | 75753 |
| spending account, legal services plan, any cafeteria plan | 75754 |
| described in section 125 of the Internal Revenue Code, or any | 75755 |
| similar employee reimbursement; | 75756 |
| (h) Proceeds received from the issuance of the taxpayer's own | 75757 |
| stock, options, warrants, puts, or calls, or from the sale of the | 75758 |
| taxpayer's treasury stock; | 75759 |
| (i) Proceeds received on the account of payments from | 75760 |
| insurance policies, except those proceeds received for the loss of | 75761 |
| business revenue; | 75762 |
| (j) Gifts or charitable contributions received; membership | 75763 |
| dues received by trade, professional, homeowners', or condominium | 75764 |
| associations; and payments received for educational courses, | 75765 |
| meetings, meals, or similar payments to a trade, professional, or | 75766 |
| other similar association; and fundraising receipts received by | 75767 |
| any person when any excess receipts are donated or used | 75768 |
| exclusively for charitable purposes; | 75769 |
| (k) Damages received as the result of litigation in excess of | 75770 |
| amounts that, if received without litigation, would be gross | 75771 |
| receipts; | 75772 |
| (l) Property, money, and other amounts received or acquired | 75773 |
| by an agent on behalf of another in excess of the agent's | 75774 |
| commission, fee, or other remuneration; | 75775 |
| (m) Tax refunds, other tax benefit recoveries, and | 75776 |
| reimbursements for the tax imposed under this chapter made by | 75777 |
| entities that are part of the same combined taxpayer or | 75778 |
| consolidated elected taxpayer group, and reimbursements made by | 75779 |
| entities that are not members of a combined taxpayer or | 75780 |
| consolidated elected taxpayer group that are required to be made | 75781 |
| for economic parity among multiple owners of an entity whose tax | 75782 |
| obligation under this chapter is required to be reported and paid | 75783 |
| entirely by one owner, pursuant to the requirements of sections | 75784 |
| 5751.011 and 5751.012 of the Revised Code; | 75785 |
| (n) Pension reversions; | 75786 |
| (o) Contributions to capital; | 75787 |
| (p) Sales or use taxes collected as a vendor or an | 75788 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 75789 |
| consumer or other taxes the taxpayer is required by law to collect | 75790 |
| directly from a purchaser and remit to a local, state, or federal | 75791 |
| tax authority; | 75792 |
| (q) In the case of receipts from the sale of cigarettes or | 75793 |
| tobacco products by a wholesale dealer, retail dealer, | 75794 |
| distributor, manufacturer, or seller, all as defined in section | 75795 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 75796 |
| state excise taxes paid by any person on or for such cigarettes or | 75797 |
| tobacco products under subtitle E of the Internal Revenue Code or | 75798 |
| Chapter 5743. of the Revised Code; | 75799 |
| (r) In the case of receipts from the sale of motor fuel by a | 75800 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 75801 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 75802 |
| the Revised Code, an amount equal to federal and state excise | 75803 |
| taxes paid by any person on such motor fuel under section 4081 of | 75804 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 75805 |
| (s) In the case of receipts from the sale of beer or | 75806 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 75807 |
| Code, by a person holding a permit issued under Chapter 4301. or | 75808 |
| 4303. of the Revised Code, an amount equal to federal and state | 75809 |
| excise taxes paid by any person on or for such beer or | 75810 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 75811 |
| or Chapter 4301. or 4305. of the Revised Code; | 75812 |
| (t) Receipts realized by a new motor vehicle dealer or used | 75813 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 75814 |
| Code, from the sale or other transfer of a motor vehicle, as | 75815 |
| defined in that section, to another motor vehicle dealer for the | 75816 |
| purpose of resale by the transferee motor vehicle dealer, but only | 75817 |
| if the sale or other transfer was based upon the transferee's need | 75818 |
| to meet a specific customer's preference for a motor vehicle; | 75819 |
| (u) Receipts from a financial institution described in | 75820 |
| division (E)(3) of this section for services provided to the | 75821 |
| financial institution in connection with the issuance, processing, | 75822 |
| servicing, and management of loans or credit accounts, if such | 75823 |
| financial institution and the recipient of such receipts have at | 75824 |
| least fifty per cent of their ownership interests owned or | 75825 |
| controlled, directly or constructively through related interests, | 75826 |
| by common owners; | 75827 |
| (v) Receipts realized from administering anti-neoplastic | 75828 |
| drugs and other cancer chemotherapy, biologicals, therapeutic | 75829 |
| agents, and supportive drugs in a physician's office to patients | 75830 |
| with cancer; | 75831 |
| (w) Funds received or used by a mortgage broker that is not a | 75832 |
| dealer in intangibles, other than fees or other consideration, | 75833 |
| pursuant to a table-funding mortgage loan or warehouse-lending | 75834 |
| mortgage loan. Terms used in division (F)(2)(w) of this section | 75835 |
| have the same meanings as in section 1322.01 of the Revised Code, | 75836 |
| except "mortgage broker" means a person assisting a buyer in | 75837 |
| obtaining a mortgage loan for a fee or other consideration paid by | 75838 |
| the buyer or a lender, or a person engaged in table-funding or | 75839 |
| warehouse-lending mortgage loans that are first lien mortgage | 75840 |
| loans. | 75841 |
| (x) Property, money, and other amounts received by a | 75842 |
| professional employer organization, as defined in section 4125.01 | 75843 |
| of the Revised Code, from a client employer, as defined in that | 75844 |
| section, in excess of the administrative fee charged by the | 75845 |
| professional employer organization to the client employer; | 75846 |
| (y) In the case of amounts retained as commissions by a | 75847 |
| permit holder under Chapter 3769. of the Revised Code, an amount | 75848 |
| equal to the amounts specified under that chapter that must be | 75849 |
| paid to or collected by the tax commissioner as a tax and the | 75850 |
| amounts specified under that chapter to be used as purse money; | 75851 |
| (z) Qualifying distribution center receipts. | 75852 |
| (i) For purposes of division (F)(2)(z) of this section: | 75853 |
| (I) "Qualifying distribution center receipts" means receipts | 75854 |
| of a supplier from qualified property that is delivered to a | 75855 |
| qualified distribution center, multiplied by a quantity that | 75856 |
| equals one minus the Ohio delivery percentage. | 75857 |
| (II) "Qualified property" means tangible personal property | 75858 |
| delivered to a qualified distribution center that is shipped to | 75859 |
| that qualified distribution center solely for further shipping by | 75860 |
| the qualified distribution center to another location in this | 75861 |
| state or elsewhere. "Further shipping" includes storing and | 75862 |
| repackaging such property into smaller or larger bundles, so long | 75863 |
| as such property is not subject to further manufacturing or | 75864 |
| processing. | 75865 |
| (III) "Qualified distribution center" means a warehouse or | 75866 |
| other similar facility in this state that, for the qualifying | 75867 |
| year, is operated by a person that is not part of a combined | 75868 |
| taxpayer group and that has a qualifying certificate. However, all | 75869 |
| warehouses or other similar facilities that are operated by | 75870 |
| persons in the same taxpayer group and that are located within one | 75871 |
| mile of each other shall be treated as one qualified distribution | 75872 |
| center. | 75873 |
| (IV) "Qualifying year" means the calendar year to which the | 75874 |
| qualifying certificate applies. | 75875 |
| (V) "Qualifying period" means the period of the first day of | 75876 |
| July of the second year preceding the qualifying year through the | 75877 |
| thirtieth day of June of the year preceding the qualifying year. | 75878 |
| (VI) "Qualifying certificate" means the certificate issued by | 75879 |
| the tax commissioner after the operator of a distribution center | 75880 |
| files an annual application with the commissioner. The application | 75881 |
| and annual fee shall be filed and paid for each qualified | 75882 |
| distribution center on or before the first day of September before | 75883 |
| the qualifying year or within forty-five days after the | 75884 |
| distribution center opens, whichever is later. | 75885 |
| The applicant must substantiate to the commissioner's | 75886 |
| satisfaction that, for the qualifying period, all persons | 75887 |
| operating the distribution center have more than fifty per cent of | 75888 |
| the cost of the qualified property shipped to a location such that | 75889 |
| it would be sitused outside this state under the provisions of | 75890 |
| division (E) of section 5751.033 of the Revised Code. The | 75891 |
| applicant must also substantiate that the distribution center | 75892 |
| cumulatively had costs from its suppliers equal to or exceeding | 75893 |
| five hundred million dollars during the qualifying period. (For | 75894 |
| purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" | 75895 |
| excludes any person that is part of the consolidated elected | 75896 |
| taxpayer group, if applicable, of the operator of the qualified | 75897 |
| distribution center.) The commissioner may require the applicant | 75898 |
| to have an independent certified public accountant certify that | 75899 |
| the calculation of the minimum thresholds required for a qualified | 75900 |
| distribution center by the operator of a distribution center has | 75901 |
| been made in accordance with generally accepted accounting | 75902 |
| principles. The commissioner shall issue or deny the issuance of a | 75903 |
| certificate within sixty days after the receipt of the | 75904 |
| application. A denial is subject to appeal under section 5717.02 | 75905 |
| of the Revised Code. If the operator files a timely appeal under | 75906 |
| section 5717.02 of the Revised Code, the operator shall be granted | 75907 |
| a qualifying certificate, provided that the operator is liable for | 75908 |
| any tax, interest, or penalty upon amounts claimed as qualifying | 75909 |
| distribution center receipts, other than those receipts exempt | 75910 |
| under division (C)(1) of section 5751.011 of the Revised Code, | 75911 |
| that would have otherwise not been owed by its suppliers if the | 75912 |
| qualifying certificate was valid. | 75913 |
| (VII) "Ohio delivery percentage" means the proportion of the | 75914 |
| total property delivered to a destination inside Ohio from the | 75915 |
| qualified distribution center during the qualifying period | 75916 |
| compared with total deliveries from such distribution center | 75917 |
| everywhere during the qualifying period. | 75918 |
| (ii) If the distribution center is new and was not open for | 75919 |
| the entire qualifying period, the operator of the distribution | 75920 |
| center may request that the commissioner grant a qualifying | 75921 |
| certificate. If the certificate is granted and it is later | 75922 |
| determined that more than fifty per cent of the qualified property | 75923 |
| during that year was not shipped to a location such that it would | 75924 |
| be sitused outside of this state under the provisions of division | 75925 |
| (E) of section 5751.033 of the Revised Code or if it is later | 75926 |
| determined that the person that operates the distribution center | 75927 |
| had average monthly costs from its suppliers of less than forty | 75928 |
| million dollars during that year, then the operator of the | 75929 |
| distribution center shall be liable for any tax, interest, or | 75930 |
| penalty upon amounts claimed as qualifying distribution center | 75931 |
| receipts, other than those receipts exempt under division (C)(1) | 75932 |
| of section 5751.011 of the Revised Code, that would have not | 75933 |
| otherwise been owed by its suppliers during the qualifying year if | 75934 |
| the qualifying certificate was valid. (For purposes of division | 75935 |
| (F)(2)(z)(ii) of this section, "supplier" excludes any person that | 75936 |
| is part of the consolidated elected taxpayer group, if applicable, | 75937 |
| of the operator of the qualified distribution center.) | 75938 |
| (iii) When filing an application for a qualifying certificate | 75939 |
| under division (F)(2)(z)(i)(VI) of this section, the operator of a | 75940 |
| qualified distribution center also shall provide documentation, as | 75941 |
| the commissioner requires, for the commissioner to ascertain the | 75942 |
| Ohio delivery percentage. The commissioner, upon issuing the | 75943 |
| qualifying certificate, also shall certify the Ohio delivery | 75944 |
| percentage. The operator of the qualified distribution center may | 75945 |
| appeal the commissioner's certification of the Ohio delivery | 75946 |
| percentage in the same manner as an appeal is taken from the | 75947 |
| denial of a qualifying certificate under division (F)(2)(z)(i)(VI) | 75948 |
| of this section. | 75949 |
| Within thirty days after all appeals have been exhausted, the | 75950 |
| operator of the qualified distribution center shall notify the | 75951 |
| affected suppliers of qualified property that such suppliers are | 75952 |
| required to file, within sixty days after receiving notice from | 75953 |
| the operator of the qualified distribution center, amended reports | 75954 |
| for the impacted calendar quarter or quarters or calendar year, | 75955 |
| whichever the case may be. Any additional tax liability or tax | 75956 |
| overpayment shall be subject to interest but shall not be subject | 75957 |
| to the imposition of any penalty so long as the amended returns | 75958 |
| are timely filed. The supplier of tangible personal property | 75959 |
| delivered to the qualified distribution center shall include in | 75960 |
| its report of taxable gross receipts the receipts from the total | 75961 |
| sales of property delivered to the qualified distribution center | 75962 |
| for the calendar quarter or calendar year, whichever the case may | 75963 |
| be, multiplied by the Ohio delivery percentage for the qualifying | 75964 |
| year. Nothing in division (F)(2)(z)(iii) of this section shall be | 75965 |
| construed as imposing liability on the operator of a qualified | 75966 |
| distribution center for the tax imposed by this chapter arising | 75967 |
| from any change to the Ohio delivery percentage. | 75968 |
| (iv) In the case where the distribution center is new and not | 75969 |
| open for the entire qualifying period, the operator shall make a | 75970 |
| good faith estimate of an Ohio delivery percentage for use by | 75971 |
| suppliers in their reports of taxable gross receipts for the | 75972 |
| remainder of the qualifying period. The operator of the facility | 75973 |
| shall disclose to the suppliers that such Ohio delivery percentage | 75974 |
| is an estimate and is subject to recalculation. By the due date of | 75975 |
| the next application for a qualifying certificate, the operator | 75976 |
| shall determine the actual Ohio delivery percentage for the | 75977 |
| estimated qualifying period and proceed as provided in division | 75978 |
| (F)(2)(z)(iii) of this section with respect to the calculation and | 75979 |
| recalculation of the Ohio delivery percentage. The supplier is | 75980 |
| required to file, within sixty days after receiving notice from | 75981 |
| the operator of the qualified distribution center, amended reports | 75982 |
| for the impacted calendar quarter or quarters or calendar year, | 75983 |
| whichever the case may be. Any additional tax liability or tax | 75984 |
| overpayment shall be subject to interest but shall not be subject | 75985 |
| to the imposition of any penalty so long as the amended returns | 75986 |
| are timely filed. | 75987 |
| (v) Qualifying certificates and Ohio delivery percentages | 75988 |
| issued by the commissioner shall be open to public inspection and | 75989 |
| shall be timely published by the commissioner. A supplier relying | 75990 |
| in good faith on a certificate issued under this division shall | 75991 |
| not be subject to tax on the qualifying distribution center | 75992 |
| receipts under division (F)(2)(z) of this section. A person | 75993 |
| receiving a qualifying certificate is responsible for paying the | 75994 |
| tax, interest, and penalty upon amounts claimed as qualifying | 75995 |
| distribution center receipts that would not otherwise have been | 75996 |
| owed by the supplier if the qualifying certificate were available | 75997 |
| when it is later determined that the qualifying certificate should | 75998 |
| not have been issued because the statutory requirements were in | 75999 |
| fact not met. | 76000 |
| (vi) The annual fee for a qualifying certificate shall be one | 76001 |
| hundred thousand dollars for each qualified distribution center. | 76002 |
| If a qualifying certificate is not issued, the annual fee is | 76003 |
| subject to refund after the exhaustion of all appeals provided for | 76004 |
| in division (F)(2)(z)(i)(VI) of this section. The fee imposed | 76005 |
| under this division may be assessed in the same manner as the tax | 76006 |
| imposed under this chapter. The first one hundred thousand dollars | 76007 |
| of the annual application fees collected each calendar year shall | 76008 |
|
be credited to the | 76009 |
| enhancement fund. The remainder of the annual application fees | 76010 |
| collected shall be distributed in the same manner required under | 76011 |
| section 5751.20 of the Revised Code. | 76012 |
| (vii) The tax commissioner may require that adequate security | 76013 |
| be posted by the operator of the distribution center on appeal | 76014 |
| when the commissioner disagrees that the applicant has met the | 76015 |
| minimum thresholds for a qualified distribution center as set | 76016 |
| forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this | 76017 |
| section. | 76018 |
| (aa) Receipts of an employer from payroll deductions relating | 76019 |
| to the reimbursement of the employer for advancing moneys to an | 76020 |
| unrelated third party on an employee's behalf; | 76021 |
| (bb) Cash discounts allowed and taken; | 76022 |
| (cc) Returns and allowances; | 76023 |
| (dd) Bad debts from receipts on the basis of which the tax | 76024 |
| imposed by this chapter was paid in a prior quarterly tax payment | 76025 |
| period. For the purpose of this division, "bad debts" means any | 76026 |
| debts that have become worthless or uncollectible between the | 76027 |
| preceding and current quarterly tax payment periods, have been | 76028 |
| uncollected for at least six months, and that may be claimed as a | 76029 |
| deduction under section 166 of the Internal Revenue Code and the | 76030 |
| regulations adopted under that section, or that could be claimed | 76031 |
| as such if the taxpayer kept its accounts on the accrual basis. | 76032 |
| "Bad debts" does not include repossessed property, uncollectible | 76033 |
| amounts on property that remains in the possession of the taxpayer | 76034 |
| until the full purchase price is paid, or expenses in attempting | 76035 |
| to collect any account receivable or for any portion of the debt | 76036 |
| recovered; | 76037 |
| (ee) Any amount realized from the sale of an account | 76038 |
| receivable to the extent the receipts from the underlying | 76039 |
| transaction giving rise to the account receivable were included in | 76040 |
| the gross receipts of the taxpayer; | 76041 |
| (ff) Any receipts directly attributed to providing public | 76042 |
| services pursuant to sections 126.60 to 126.605 of the Revised | 76043 |
| Code, or any receipts directly attributed to a transfer agreement | 76044 |
| or to the enterprise transferred under that agreement under | 76045 |
| section 4313.02 of the Revised Code. | 76046 |
| (gg) | 76047 |
| 76048 | |
| 76049 |
| | 76050 |
| (I) "Qualified uranium receipts" means receipts from the | 76051 |
| sale, exchange, lease, loan, production, processing, or other | 76052 |
| disposition of uranium within a uranium enrichment zone certified | 76053 |
| by the tax commissioner under division | 76054 |
| 76055 | |
| receipts" does not include any receipts with a situs in this state | 76056 |
| outside a uranium enrichment zone certified by the tax | 76057 |
|
commissioner under division
| 76058 |
| section. | 76059 |
| (II) "Uranium enrichment zone" means all real property that | 76060 |
| is part of a uranium enrichment facility licensed by the United | 76061 |
| States nuclear regulatory commission and that was or is owned or | 76062 |
| controlled by the United States department of energy or its | 76063 |
| successor. | 76064 |
| (ii) Any person that owns, leases, or operates real or | 76065 |
| tangible personal property constituting or located within a | 76066 |
| uranium enrichment zone may apply to the tax commissioner to have | 76067 |
| the uranium enrichment zone certified for the purpose of excluding | 76068 |
|
qualified uranium receipts under division | 76069 |
| this section. The application shall include such information that | 76070 |
| the tax commissioner prescribes. Within sixty days after receiving | 76071 |
| the application, the tax commissioner shall certify the zone for | 76072 |
| that purpose if the commissioner determines that the property | 76073 |
| qualifies as a uranium enrichment zone as defined in division | 76074 |
| 76075 | |
| determines that the property does not qualify, the commissioner | 76076 |
| shall deny the application or request additional information from | 76077 |
| the applicant. If the tax commissioner denies an application, the | 76078 |
| commissioner shall state the reasons for the denial. The applicant | 76079 |
| may appeal the denial of an application to the board of tax | 76080 |
| appeals pursuant to section 5717.02 of the Revised Code. If the | 76081 |
| applicant files a timely appeal, the tax commissioner shall | 76082 |
| conditionally certify the applicant's property. The conditional | 76083 |
| certification shall expire when all of the applicant's appeals are | 76084 |
| exhausted. Until final resolution of the appeal, the applicant | 76085 |
| shall retain the applicant's records in accordance with section | 76086 |
| 5751.12 of the Revised Code, notwithstanding any time limit on the | 76087 |
| preservation of records under that section. | 76088 |
| | 76089 |
| licensed permissive motor fuel dealers from the exchange of | 76090 |
| petroleum products, including motor fuel, between such dealers, | 76091 |
| provided that delivery of the petroleum products occurs at a | 76092 |
| refinery, terminal, pipeline, or marine vessel and that the | 76093 |
| exchanging dealers agree neither dealer shall require monetary | 76094 |
| compensation from the other for the value of the exchanged | 76095 |
| petroleum products other than such compensation for differences in | 76096 |
|
product location or grade. Division | 76097 |
| section does not apply to amounts realized as a result of | 76098 |
| differences in location or grade of exchanged petroleum products | 76099 |
| or from handling, lubricity, dye, or other additive injections | 76100 |
| fees, pipeline security fees, or similar fees. As used in this | 76101 |
| division, "motor fuel," "licensed motor fuel dealer," "licensed | 76102 |
| permissive motor fuel dealer," and "terminal" have the same | 76103 |
| meanings as in section 5735.01 of the Revised Code. | 76104 |
| | 76105 |
| casino operator from casino gaming, amounts in excess of the | 76106 |
| casino operator's gross casino revenue. In this division, "casino | 76107 |
| operator" and "casino gaming" have the meanings defined in section | 76108 |
| 3772.01 of the Revised Code, and "gross casino revenue" has the | 76109 |
| meaning defined in section 5753.01 of the Revised Code. | 76110 |
| (jj) Any receipts for which the tax imposed by this chapter | 76111 |
| is prohibited by the constitution or laws of the United States or | 76112 |
| the constitution of this state. | 76113 |
| (3) In the case of a taxpayer when acting as a real estate | 76114 |
| broker, "gross receipts" includes only the portion of any fee for | 76115 |
| the service of a real estate broker, or service of a real estate | 76116 |
| salesperson associated with that broker, that is retained by the | 76117 |
| broker and not paid to an associated real estate salesperson or | 76118 |
| another real estate broker. For the purposes of this division, | 76119 |
| "real estate broker" and "real estate salesperson" have the same | 76120 |
| meanings as in section 4735.01 of the Revised Code. | 76121 |
| (4) A taxpayer's method of accounting for gross receipts for | 76122 |
| a tax period shall be the same as the taxpayer's method of | 76123 |
| accounting for federal income tax purposes for the taxpayer's | 76124 |
| federal taxable year that includes the tax period. If a taxpayer's | 76125 |
| method of accounting for federal income tax purposes changes, its | 76126 |
| method of accounting for gross receipts under this chapter shall | 76127 |
| be changed accordingly. | 76128 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 76129 |
| this state under section 5751.033 of the Revised Code. | 76130 |
| (H) A person has "substantial nexus with this state" if any | 76131 |
| of the following applies. The person: | 76132 |
| (1) Owns or uses a part or all of its capital in this state; | 76133 |
| (2) Holds a certificate of compliance with the laws of this | 76134 |
| state authorizing the person to do business in this state; | 76135 |
| (3) Has bright-line presence in this state; | 76136 |
| (4) Otherwise has nexus with this state to an extent that the | 76137 |
| person can be required to remit the tax imposed under this chapter | 76138 |
| under the Constitution of the United States. | 76139 |
| (I) A person has "bright-line presence" in this state for a | 76140 |
| reporting period and for the remaining portion of the calendar | 76141 |
| year if any of the following applies. The person: | 76142 |
| (1) Has at any time during the calendar year property in this | 76143 |
| state with an aggregate value of at least fifty thousand dollars. | 76144 |
| For the purpose of division (I)(1) of this section, owned property | 76145 |
| is valued at original cost and rented property is valued at eight | 76146 |
| times the net annual rental charge. | 76147 |
| (2) Has during the calendar year payroll in this state of at | 76148 |
| least fifty thousand dollars. Payroll in this state includes all | 76149 |
| of the following: | 76150 |
| (a) Any amount subject to withholding by the person under | 76151 |
| section 5747.06 of the Revised Code; | 76152 |
| (b) Any other amount the person pays as compensation to an | 76153 |
| individual under the supervision or control of the person for work | 76154 |
| done in this state; and | 76155 |
| (c) Any amount the person pays for services performed in this | 76156 |
| state on its behalf by another. | 76157 |
| (3) Has during the calendar year taxable gross receipts of at | 76158 |
| least five hundred thousand dollars. | 76159 |
| (4) Has at any time during the calendar year within this | 76160 |
| state at least twenty-five per cent of the person's total | 76161 |
| property, total payroll, or total gross receipts. | 76162 |
| (5) Is domiciled in this state as an individual or for | 76163 |
| corporate, commercial, or other business purposes. | 76164 |
| (J) "Tangible personal property" has the same meaning as in | 76165 |
| section 5739.01 of the Revised Code. | 76166 |
| (K) "Internal Revenue Code" means the Internal Revenue Code | 76167 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 76168 |
| this chapter that is not otherwise defined has the same meaning as | 76169 |
| when used in a comparable context in the laws of the United States | 76170 |
| relating to federal income taxes unless a different meaning is | 76171 |
| clearly required. Any reference in this chapter to the Internal | 76172 |
| Revenue Code includes other laws of the United States relating to | 76173 |
| federal income taxes. | 76174 |
| (L) "Calendar quarter" means a three-month period ending on | 76175 |
| the thirty-first day of March, the thirtieth day of June, the | 76176 |
| thirtieth day of September, or the thirty-first day of December. | 76177 |
| (M) "Tax period" means the calendar quarter or calendar year | 76178 |
| on the basis of which a taxpayer is required to pay the tax | 76179 |
| imposed under this chapter. | 76180 |
| (N) "Calendar year taxpayer" means a taxpayer for which the | 76181 |
| tax period is a calendar year. | 76182 |
| (O) "Calendar quarter taxpayer" means a taxpayer for which | 76183 |
| the tax period is a calendar quarter. | 76184 |
| (P) "Agent" means a person authorized by another person to | 76185 |
| act on its behalf to undertake a transaction for the other, | 76186 |
| including any of the following: | 76187 |
| (1) A person receiving a fee to sell financial instruments; | 76188 |
| (2) A person retaining only a commission from a transaction | 76189 |
| with the other proceeds from the transaction being remitted to | 76190 |
| another person; | 76191 |
| (3) A person issuing licenses and permits under section | 76192 |
| 1533.13 of the Revised Code; | 76193 |
| (4) A lottery sales agent holding a valid license issued | 76194 |
| under section 3770.05 of the Revised Code; | 76195 |
| (5) A person acting as an agent of the division of liquor | 76196 |
| control under section 4301.17 of the Revised Code. | 76197 |
| (Q) "Received" includes amounts accrued under the accrual | 76198 |
| method of accounting. | 76199 |
| (R) "Reporting person" means a person in a consolidated | 76200 |
| elected taxpayer or combined taxpayer group that is designated by | 76201 |
| that group to legally bind the group for all filings and tax | 76202 |
| liabilities and to receive all legal notices with respect to | 76203 |
| matters under this chapter, or, for the purposes of section | 76204 |
| 5751.04 of the Revised Code, a separate taxpayer that is not a | 76205 |
| member of such a group. | 76206 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 76207 |
| to be a consolidated elected taxpayer for the purposes of this | 76208 |
| chapter if the group satisfies all of the following requirements: | 76209 |
| (1) The group elects to include all persons, including | 76210 |
|
persons enumerated in divisions (E)(2) to | 76211 |
| 5751.01 of the Revised Code, having at least eighty per cent, or | 76212 |
| having at least fifty per cent, of the value of their ownership | 76213 |
| interests owned or controlled, directly or constructively through | 76214 |
| related interests, by common owners during all or any portion of | 76215 |
| the tax period, together with the common owners. | 76216 |
| A group making its initial election on the basis of the | 76217 |
| eighty per cent ownership test may change its election so that its | 76218 |
| consolidated elected taxpayer group is formed on the basis of the | 76219 |
| fifty per cent ownership test if all of the following are | 76220 |
| satisfied: | 76221 |
| (a) When the initial election was made, the group did not | 76222 |
| have any persons satisfying the fifty per cent ownership test; | 76223 |
| (b) One or more of the persons in the initial group | 76224 |
| subsequently acquires ownership interests in a person such that | 76225 |
| the fifty per cent ownership test is satisfied, the eighty per | 76226 |
| cent ownership test is not satisfied, and the acquired person | 76227 |
| would be required to be included in a combined taxpayer group | 76228 |
| under section 5751.012 of the Revised Code; | 76229 |
| (c) The group requests the change in | 76230 |
| writing to the
| 76231 |
| 76232 | |
| 76233 | |
| of this section; | 76234 |
| (d) The group has not previously changed its election. | 76235 |
| At the election of the group, all entities that are not | 76236 |
| incorporated or formed under the laws of a state or of the United | 76237 |
| States and that meet the consolidated elected ownership test shall | 76238 |
| either be included in the group or all shall be excluded from the | 76239 |
| group. If, at the time of registration, the group does not include | 76240 |
| any such entities that meet the consolidated elected ownership | 76241 |
| test, the group shall elect to either include or exclude the newly | 76242 |
| acquired entities before the due date of the first return due | 76243 |
| after the date of the acquisition. | 76244 |
| | 76245 |
| 76246 | |
| 76247 | |
| of a person's ownership interests is owned or controlled by each | 76248 |
| of two consolidated elected taxpayer groups formed under the fifty | 76249 |
| per cent ownership or control test, that person is a member of | 76250 |
| each group for the purposes of this section, and each group shall | 76251 |
| include in the group's taxable gross receipts fifty per cent of | 76252 |
| that person's taxable gross receipts. Otherwise, all of that | 76253 |
| person's taxable gross receipts shall be included in the taxable | 76254 |
| gross receipts of the consolidated elected taxpayer group of which | 76255 |
| the person is a member. In no event shall the ownership or control | 76256 |
| of fifty per cent of the value of a person's ownership interests | 76257 |
| by two otherwise unrelated groups form the basis for consolidating | 76258 |
| the groups into a single consolidated elected taxpayer group or | 76259 |
| permit any exclusion under division (C) of this section of taxable | 76260 |
| gross receipts between members of the two groups. Division (A)(3) | 76261 |
| of this section applies with respect to the elections described in | 76262 |
| this division. | 76263 |
| (2) The group makes the election to be treated as a | 76264 |
| consolidated elected taxpayer in the manner prescribed under | 76265 |
| division (D) of this section. | 76266 |
| (3) Subject to review and audit by the tax commissioner, the | 76267 |
| group agrees that all of the following apply: | 76268 |
| (a) The group shall file reports as a single taxpayer for at | 76269 |
| least the next eight calendar quarters following the election so | 76270 |
| long as at least two or more of the members of the group meet the | 76271 |
| requirements of division (A)(1) of this section. | 76272 |
| (b) Before the expiration of the eighth such calendar | 76273 |
| quarter, the group shall notify the commissioner if it elects to | 76274 |
| cancel its designation as a consolidated elected taxpayer. If the | 76275 |
| group does not so notify the tax commissioner, the election | 76276 |
| remains in effect for another eight calendar quarters. | 76277 |
| (c) If, at any time during any of those eight calendar | 76278 |
| quarters following the election, a former member of the group no | 76279 |
| longer meets the requirements under division (A)(1) of this | 76280 |
| section, that member shall report and pay the tax imposed under | 76281 |
| this chapter separately, as a member of a combined taxpayer, or, | 76282 |
| if the former member satisfies such requirements with respect to | 76283 |
| another consolidated elected group, as a member of that | 76284 |
| consolidated elected group. | 76285 |
| (d) The group agrees to the application of division (B) of | 76286 |
| this section. | 76287 |
| (B) A group of persons making the election under this section | 76288 |
| shall report and pay tax on all of the group's taxable gross | 76289 |
| receipts even if substantial nexus with this state does not exist | 76290 |
| for one or more persons in the group. | 76291 |
| (C)(1)(a) Members of a consolidated elected taxpayer group | 76292 |
| shall exclude gross receipts among persons included in the | 76293 |
| consolidated elected taxpayer group. | 76294 |
| (b) Subject to divisions (C)(1)(c) and (C)(2) of this | 76295 |
| section, nothing in this section shall have the effect of | 76296 |
| requiring a consolidated elected taxpayer group to include gross | 76297 |
| receipts received by a person enumerated in divisions (E)(2) to | 76298 |
| 76299 | |
| member of the group pursuant to the elections made by the group | 76300 |
| under division (A)(1) of this section. | 76301 |
| (c)(i) As used in division (C)(1)(c) of this section, "dealer | 76302 |
| transfer" means a transfer of property that satisfies both of the | 76303 |
| following: (I) the property is directly transferred by any means | 76304 |
| from one member of the group to another member of the group that | 76305 |
| is a dealer in intangibles but is not a qualifying dealer as | 76306 |
| defined in section 5707.031 of the Revised Code; and (II) the | 76307 |
| property is subsequently delivered by the dealer in intangibles to | 76308 |
| a person that is not a member of the group. | 76309 |
| (ii) In the event of a dealer transfer, a consolidated | 76310 |
| elected taxpayer group shall not exclude, under division (C) of | 76311 |
| this section, gross receipts from the transfer described in | 76312 |
| division (C)(1)(c)(i)(I) of this section. | 76313 |
| (2) Gross receipts related to the sale or transmission of | 76314 |
| electricity through the use of an intermediary regional | 76315 |
| transmission organization approved by the federal energy | 76316 |
| regulatory commission shall be excluded from taxable gross | 76317 |
| receipts under division (C)(1) of this section if all other | 76318 |
| requirements of that division are met, even if the receipts are | 76319 |
| from and to the same member of the group. | 76320 |
| (D) To make the election to be a consolidated elected | 76321 |
|
taxpayer, a group of persons shall notify the | 76322 |
|
the election | 76323 |
| 76324 | |
| 76325 | |
| 76326 | |
| 76327 | |
| 76328 | |
| commissioner for that purpose, which shall be signed by one or | 76329 |
| more individuals with authority, separately or together, to make a | 76330 |
| binding election on behalf of all persons in the group. Elections | 76331 |
|
under division (A) of this section shall be made | 76332 |
| on or before the | 76333 |
| 76334 | |
| 76335 | |
| 76336 |
| | 76337 |
| 76338 | |
| 76339 | |
| 76340 |
| Any person acquired or formed after the filing of the | 76341 |
| registration shall be included in the group if the person meets | 76342 |
| the requirements of division (A)(1) of this section, and the group | 76343 |
|
shall notify the | 76344 |
| 76345 | |
| commissioner for such purpose. | 76346 |
| Sec. 5751.012. (A) All persons, other than persons | 76347 |
|
enumerated in divisions (E)(2) to | 76348 |
| the Revised Code, having more than fifty per cent of the value of | 76349 |
| their ownership interest owned or controlled, directly or | 76350 |
| constructively through related interests, by common owners during | 76351 |
| all or any portion of the tax period, together with the common | 76352 |
| owners, shall be members of a combined taxpayer group if those | 76353 |
| persons are not members of a consolidated elected taxpayer group | 76354 |
| pursuant to an election under section 5751.011 of the Revised | 76355 |
| Code. | 76356 |
| (B) A combined taxpayer group shall register, file returns, | 76357 |
|
and pay taxes under this chapter as a single taxpayer | 76358 |
| | 76359 |
| gross receipts between its members nor from others that are not | 76360 |
| members. | 76361 |
| | 76362 |
| 76363 | |
| 76364 | |
| 76365 | |
| 76366 | |
| 76367 | |
| 76368 | |
| 76369 | |
| 76370 |
| (C) Any person acquired or formed after the filing of the | 76371 |
| registration shall be included in the group if the person meets | 76372 |
| the requirements of division (A) of this section, and the group | 76373 |
|
must notify the | 76374 |
| 76375 | |
| prescribed by the commissioner for such purpose. | 76376 |
| Sec. 5751.03. (A) Except as provided in | 76377 |
|
(B) | 76378 |
| 76379 | |
| for each tax period shall be the product of two and six-tenths | 76380 |
| mills per dollar times the remainder of the taxpayer's taxable | 76381 |
| gross receipts for the tax period after subtracting the exclusion | 76382 |
| amount provided for in division (C) of this section. | 76383 |
| (B) Notwithstanding division (C) of this section, the tax on | 76384 |
| the first one million dollars in taxable gross receipts each | 76385 |
|
calendar year shall be one hundred fifty dollars. | 76386 |
| 76387 | |
| 76388 | |
| 76389 | |
| 76390 | |
| 76391 | |
| 76392 | |
| 76393 | |
| imposed under this division shall be paid not later than the tenth | 76394 |
| day of May of each year along with the first quarter or annual tax | 76395 |
| return, as applicable. | 76396 |
| (C)(1) Each | 76397 |
| 76398 | |
|
receipts for a calendar | 76399 |
| may apply the full exclusion amount to the first calendar quarter | 76400 |
| return the taxpayer files that calendar year and may carry forward | 76401 |
|
and apply any unused exclusion amount to | 76402 |
|
calendar quarters within that same calendar year. | 76403 |
| 76404 | |
| 76405 |
| (2) A taxpayer switching from a calendar year tax period to a | 76406 |
| calendar quarter tax period may, for the first quarter of the | 76407 |
|
change, apply the | 76408 |
|
exclusion | 76409 |
| taxpayer files that calendar year. Such taxpayers may carry | 76410 |
| forward and apply any unused exclusion amount to subsequent | 76411 |
| calendar quarters within that same calendar year. The tax rate | 76412 |
| shall be based on the rate imposed that calendar quarter when the | 76413 |
| taxpayer switches from a calendar year to a calendar quarter tax | 76414 |
| period. | 76415 |
| | 76416 |
| 76417 | |
| 76418 | |
| 76419 | |
| 76420 | |
| 76421 | |
| 76422 | |
| 76423 | |
| 76424 | |
| 76425 | |
| exclude more than one million dollars pursuant to division (C) of | 76426 |
| this section in a calendar year. | 76427 |
| Sec. 5751.033. For the purposes of this chapter, gross | 76428 |
| receipts shall be sitused to this state as follows: | 76429 |
| (A) Gross rents and royalties from real property located in | 76430 |
| this state shall be sitused to this state. | 76431 |
| (B) Gross rents and royalties from tangible personal property | 76432 |
| shall be sitused to this state to the extent the tangible personal | 76433 |
| property is located or used in this state. | 76434 |
| (C) Gross receipts from the sale of electricity and electric | 76435 |
| transmission and distribution services shall be sitused to this | 76436 |
| state in the manner provided under section 5733.059 of the Revised | 76437 |
| Code. | 76438 |
| (D) Gross receipts from the sale of real property located in | 76439 |
| this state shall be sitused to this state. | 76440 |
| (E) Gross receipts from the sale of tangible personal | 76441 |
| property shall be sitused to this state if the property is | 76442 |
| received in this state by the purchaser. In the case of delivery | 76443 |
|
of tangible personal property by | 76444 |
| means of transportation, the place at which such property is | 76445 |
| ultimately received after all transportation has been completed | 76446 |
| shall be considered the place where the purchaser receives the | 76447 |
| property. For purposes of this section, the phrase "delivery of | 76448 |
|
tangible personal property by | 76449 |
| means of transportation" includes the situation in which a | 76450 |
| purchaser accepts the property in this state and then transports | 76451 |
| the property directly or by other means to a location outside this | 76452 |
| state. Direct delivery in this state, other than for purposes of | 76453 |
| transportation, to a person or firm designated by a purchaser | 76454 |
| constitutes delivery to the purchaser in this state, and direct | 76455 |
| delivery outside this state to a person or firm designated by a | 76456 |
| purchaser does not constitute delivery to the purchaser in this | 76457 |
| state, regardless of where title passes or other conditions of | 76458 |
| sale. | 76459 |
| (F) Gross receipts from the sale, exchange, disposition, or | 76460 |
| other grant of the right to use trademarks, trade names, patents, | 76461 |
| copyrights, and similar intellectual property shall be sitused to | 76462 |
| this state to the extent that the receipts are based on the amount | 76463 |
| of use of the property in this state. If the receipts are not | 76464 |
| based on the amount of use of the property, but rather on the | 76465 |
| right to use the property, and the payor has the right to use the | 76466 |
| property in this state, then the receipts from the sale, exchange, | 76467 |
| disposition, or other grant of the right to use such property | 76468 |
| shall be sitused to this state to the extent the receipts are | 76469 |
| based on the right to use the property in this state. | 76470 |
| (G) Gross receipts from the sale of transportation services | 76471 |
|
by a | 76472 |
| state in proportion to the mileage traveled by the carrier during | 76473 |
| the tax period on roadways, waterways, airways, and railways in | 76474 |
| this state to the mileage traveled by the carrier during the tax | 76475 |
| period on roadways, waterways, airways, and railways everywhere. | 76476 |
|
With prior written approval of the tax commissioner, a | 76477 |
| 76478 | |
| for transportation services. | 76479 |
| (H) Gross receipts from dividends, interest, and other | 76480 |
| sources of income from financial instruments described in | 76481 |
| divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of | 76482 |
| section 5733.056 of the Revised Code shall be sitused to this | 76483 |
| state in accordance with the situsing provisions set forth in | 76484 |
| those divisions. When applying the provisions of divisions (F)(6), | 76485 |
| (8), and (13) of section 5733.056 of the Revised Code, "gross | 76486 |
| receipts" shall be substituted for "net gains" wherever "net | 76487 |
| gains" appears in those divisions. Nothing in this division limits | 76488 |
| or modifies the exclusions enumerated in divisions (E) and (F)(2) | 76489 |
| of section 5751.01 of the Revised Code. The tax commissioner may | 76490 |
| promulgate rules to further specify the manner in which to situs | 76491 |
| gross receipts subject to this division. | 76492 |
| (I) Gross receipts from the sale of all other services, and | 76493 |
| all other gross receipts not otherwise sitused under this section, | 76494 |
| shall be sitused to this state in the proportion that the | 76495 |
| purchaser's benefit in this state with respect to what was | 76496 |
| purchased bears to the purchaser's benefit everywhere with respect | 76497 |
| to what was purchased. The physical location where the purchaser | 76498 |
| ultimately uses or receives the benefit of what was purchased | 76499 |
| shall be paramount in determining the proportion of the benefit in | 76500 |
| this state to the benefit everywhere. If a taxpayer's records do | 76501 |
| not allow the taxpayer to determine that location, the taxpayer | 76502 |
| may use an alternative method to situs gross receipts under this | 76503 |
| division if the alternative method is reasonable, is consistently | 76504 |
| and uniformly applied, and is supported by the taxpayer's records | 76505 |
| as the records exist when the service is provided or within a | 76506 |
| reasonable period of time thereafter. | 76507 |
| (J) If the situsing provisions of divisions (A) to (H) of | 76508 |
| this section do not fairly represent the extent of a person's | 76509 |
| activity in this state, the person may request, or the tax | 76510 |
| commissioner may require or permit, an alternative method. Such | 76511 |
| request by a person must be made within the applicable statute of | 76512 |
| limitations set forth in this chapter. | 76513 |
| (K) The tax commissioner may adopt rules to provide | 76514 |
| additional guidance to the application of this section, and | 76515 |
| provide alternative methods of situsing gross receipts that apply | 76516 |
| to all persons, or subset of persons, that are engaged in similar | 76517 |
| business or trade activities. | 76518 |
| (L) As used in this section, "motor carrier" has the same | 76519 |
| meaning as in section 4923.01 of the Revised Code. | 76520 |
| Sec. 5751.04. (A) As used in this section, "person" includes | 76521 |
| a reporting person. | 76522 |
| (B) Not later than thirty days after a person first has more | 76523 |
| than one hundred fifty thousand dollars in taxable gross receipts | 76524 |
| in a calendar year, each person subject to this chapter shall | 76525 |
| register with the tax commissioner on the form prescribed by the | 76526 |
| commissioner. The form shall include the following: | 76527 |
| (1) The person's name; | 76528 |
| (2) | 76529 |
| 76530 |
| | 76531 |
| 76532 | |
| 76533 |
| | 76534 |
| 76535 | |
| 76536 | |
| 76537 |
| | 76538 |
| (3) The | 76539 |
| 76540 |
| | 76541 |
| 76542 | |
| 76543 |
| | 76544 |
| 76545 | |
| 76546 |
| | 76547 |
| 76548 | |
| security number or equivalent, as applicable; | 76549 |
| | 76550 |
| (6) The date the person is first subject to the tax imposed | 76551 |
| by this chapter; | 76552 |
| (7) The names, addresses, federal identification numbers or | 76553 |
| social security numbers or equivalents, and organization types of | 76554 |
| each member that is commonly owned in a consolidated elected | 76555 |
| taxpayer or combined taxpayer group; | 76556 |
| (8) All other information that the commissioner requires to | 76557 |
| administer and enforce this chapter. | 76558 |
| (C) | 76559 |
| 76560 | |
| 76561 | |
| 76562 | |
| 76563 | |
| 76564 | |
| 76565 | |
| 76566 | |
| 76567 | |
| 76568 | |
| 76569 | |
| 76570 | |
| (1) To help defray the costs of administering the tax imposed by | 76571 |
| this chapter, the commissioner shall collect a registration fee in | 76572 |
| the amount of twenty dollars per person up to a maximum of two | 76573 |
| hundred dollars per consolidated elected taxpayer or combined | 76574 |
| taxpayer group. The commissioner shall systematically deduct and | 76575 |
| collect the fee from the first tax payment each taxpayer makes | 76576 |
| after registering or adding members, as applicable. No separate | 76577 |
| registration fee may be collected in addition to the tax imposed | 76578 |
| by this chapter. | 76579 |
| (2) If a person does not register within the time prescribed | 76580 |
| by this section, an additional fee is imposed in the amount of one | 76581 |
| hundred dollars per month or part thereof that the fee is | 76582 |
| outstanding, not to exceed one thousand dollars. The tax | 76583 |
| commissioner may abate the additional fee. The fee imposed under | 76584 |
| this division may be assessed in the same manner as the tax | 76585 |
|
imposed under this chapter. | 76586 |
| (D) Proceeds from the fee imposed under division (C) of this | 76587 |
|
section shall be credited to the | 76588 |
| 76589 | |
|
in the state treasury | 76590 |
| 76591 |
| | 76592 |
| 76593 | |
| 76594 | |
| 76595 |
| | 76596 |
|
no longer a taxpayer subject to this chapter, | 76597 |
| 76598 | |
| 76599 | |
| commissioner that the person's registration should be cancelled. | 76600 |
| | 76601 |
|
commissioner before | 76602 |
| 76603 | |
| 76604 | |
| primary taxpayer on the registration shall be the reporting person | 76605 |
| until the taxpayer notifies the commissioner otherwise. | 76606 |
| Sec. 5751.05. (A) If a person subject to this chapter | 76607 |
| anticipates that the person's taxable gross receipts will be more | 76608 |
| than one million dollars in a calendar year, the person shall | 76609 |
| notify the tax commissioner on the person's initial registration | 76610 |
| form and file on a quarterly basis as a calendar quarter taxpayer. | 76611 |
| Any taxpayer with taxable gross receipts of one million dollars or | 76612 |
| less shall register as a calendar year taxpayer and shall file | 76613 |
| annually. | 76614 |
| (B) Any person that is a calendar year taxpayer under | 76615 |
| division (A) of this section shall become a calendar quarter | 76616 |
| taxpayer in the subsequent calendar year if the person's taxable | 76617 |
| gross receipts for the prior calendar year are more than one | 76618 |
| million dollars, and shall remain a calendar quarter taxpayer | 76619 |
|
until the person notifies the | 76620 |
|
approval in writing from the | 76621 |
|
being a calendar year taxpayer. | 76622 |
| 76623 | |
| 76624 | |
| 76625 | |
| 76626 |
| (C) | 76627 |
| 76628 | |
| commissioner may grant written approval for a calendar quarter | 76629 |
| taxpayer to use an alternative reporting schedule or estimate the | 76630 |
| amount of tax due for a calendar quarter if the taxpayer | 76631 |
| demonstrates to the commissioner the need for such a deviation. | 76632 |
| The commissioner may adopt a rule to apply division (C) of this | 76633 |
| section to a group of taxpayers without the taxpayers having to | 76634 |
| receive written approval from the commissioner. | 76635 |
| Sec. 5751.051. (A)(1) Not later than the tenth day of the | 76636 |
| second month after the end of each calendar quarter, every | 76637 |
| taxpayer other than a calendar year taxpayer shall file with the | 76638 |
| tax commissioner a tax return in such form as the commissioner | 76639 |
| prescribes. The return shall include, but is not limited to, the | 76640 |
| amount of the taxpayer's taxable gross receipts for the calendar | 76641 |
| quarter and shall indicate the amount of tax due under section | 76642 |
| 5751.03 of the Revised Code for the calendar quarter. | 76643 |
| (2)(a) Subject to division (C) of section 5751.05 of the | 76644 |
| Revised Code, a calendar quarter taxpayer shall report the taxable | 76645 |
| gross receipts for that calendar quarter. | 76646 |
| (b) With respect to taxable gross receipts incorrectly | 76647 |
| reported in a calendar quarter that has a lower tax rate, the tax | 76648 |
| shall be computed at the tax rate in effect for the quarterly | 76649 |
| return in which such receipts should have been reported. Nothing | 76650 |
| in division (A)(2)(b) of this section prohibits a taxpayer from | 76651 |
| filing an application for refund under section 5751.08 of the | 76652 |
| Revised Code with regard to the incorrect reporting of taxable | 76653 |
| gross receipts discovered after filing the annual return described | 76654 |
| in division (A)(3) of this section. | 76655 |
| A tax return shall not be deemed to be an incorrect reporting | 76656 |
| of taxable gross receipts for the purposes of division (A)(2)(b) | 76657 |
| of this section if the return reflects between ninety-five and one | 76658 |
| hundred five per cent of the actual taxable gross receipts for the | 76659 |
| calendar quarter. | 76660 |
| (3) For the purposes of division (A)(2)(b) of this section, | 76661 |
| the tax return filed for the fourth calendar quarter of a calendar | 76662 |
| year is the annual return for the privilege tax imposed by this | 76663 |
| chapter. Such return shall report any additional taxable gross | 76664 |
| receipts not previously reported in the calendar year and shall | 76665 |
| adjust for any over-reported taxable gross receipts in the | 76666 |
| calendar year. If the taxpayer ceases to be a taxpayer before the | 76667 |
| end of the calendar year, the last return the taxpayer is required | 76668 |
| to file shall be the annual return for the taxpayer and the | 76669 |
| taxpayer shall report any additional taxable gross receipts not | 76670 |
| previously reported in the calendar year and shall adjust for any | 76671 |
| over-reported taxable gross receipts in the calendar year. | 76672 |
| (4) Because the tax imposed by this chapter is a privilege | 76673 |
| tax, the tax rate with respect to taxable gross receipts for a | 76674 |
| calendar quarter is not fixed until the end of the measurement | 76675 |
| period for each calendar quarter. Subject to division (A)(2)(b) of | 76676 |
| this section, the total amount of taxable gross receipts reported | 76677 |
| for a given calendar quarter shall be subject to the tax rate in | 76678 |
| effect in that quarter. | 76679 |
| (5) Not later than the tenth day of May following the end of | 76680 |
| each calendar year, every calendar year taxpayer shall file with | 76681 |
| the tax commissioner a tax return in such form as the commissioner | 76682 |
| prescribes. The return shall include, but is not limited to, the | 76683 |
| amount of the taxpayer's taxable gross receipts for the calendar | 76684 |
| year and shall indicate the amount of tax due under section | 76685 |
| 5751.03 of the Revised Code for the calendar year. | 76686 |
| (B)(1) A person that first becomes subject to the tax imposed | 76687 |
| under this chapter shall pay the minimum tax imposed under | 76688 |
|
division (B) of section 5751.03 of the Revised Code | 76689 |
| 76690 | |
| before the day the return is required to be filed for that quarter | 76691 |
| under division (A)(1) of this section, regardless of whether the | 76692 |
|
person | 76693 |
| section 5751.05 of the Revised Code. | 76694 |
| (2) The amount of the minimum tax for a person subject to | 76695 |
| division (B)(1) of this section shall be reduced to seventy-five | 76696 |
| dollars if the registration is timely filed after the first day of | 76697 |
| May and before the first day of January of the following calendar | 76698 |
| year. | 76699 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 76700 |
| of the amount of taxes imposed under this chapter that are | 76701 |
| overpaid, paid illegally or erroneously, or paid on any illegal or | 76702 |
| erroneous assessment shall be filed by the reporting person with | 76703 |
| the tax commissioner, on the form prescribed by the commissioner, | 76704 |
| within four years after the date of the illegal or erroneous | 76705 |
| payment of the tax, or within any additional period allowed under | 76706 |
| division (F) of section 5751.09 of the Revised Code. The applicant | 76707 |
| shall provide the amount of the requested refund along with the | 76708 |
| claimed reasons for, and documentation to support, the issuance of | 76709 |
| a refund. | 76710 |
| (B) On the filing of the refund application, the tax | 76711 |
| commissioner shall determine the amount of refund to which the | 76712 |
| applicant is entitled. If the amount is not less than that | 76713 |
| claimed, the commissioner shall certify the amount to the director | 76714 |
| of budget and management and treasurer of state for payment from | 76715 |
| the tax refund fund created under section 5703.052 of the Revised | 76716 |
| Code. If the amount is less than that claimed, the commissioner | 76717 |
| shall proceed in accordance with section 5703.70 of the Revised | 76718 |
| Code. | 76719 |
| (C) | 76720 |
| section, interest on a refund applied for under this section, | 76721 |
| computed at the rate provided for in section 5703.47 of the | 76722 |
| Revised Code, shall be allowed from the later of the date the tax | 76723 |
| was paid or when the tax payment was due. | 76724 |
| (D) A calendar quarter taxpayer with more than one million | 76725 |
| dollars in taxable gross receipts in a calendar year other than | 76726 |
| calendar year 2005 and that is not able to exclude one million | 76727 |
| dollars in taxable gross receipts because of the operation of the | 76728 |
| taxpayer's business in that calendar year may file for a refund | 76729 |
| under this section to obtain the full exclusion of one million | 76730 |
| dollars in taxable gross receipts for that calendar year. | 76731 |
| (E) Except as provided in section 5751.081 of the Revised | 76732 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 76733 |
| provide for the crediting against tax due for a tax year the | 76734 |
| amount of any refund due the taxpayer under this chapter for a | 76735 |
| preceding tax year. | 76736 |
| (F) If a taxpayer claims a refundable credit against the tax | 76737 |
| imposed under section 5751.02 of the Revised Code, any payment | 76738 |
| that is refunded to the taxpayer as a result of the allowance of | 76739 |
| the credit shall not be considered an illegal, erroneous, or | 76740 |
| excessive payment for purposes of division (A) of this section. No | 76741 |
| interest shall be allowed on an amount refunded to a taxpayer to | 76742 |
| the extent that the refund results from the allowance of a | 76743 |
| refundable credit. | 76744 |
| Sec. 5751.12. The tax commissioner may prescribe | 76745 |
| requirements for the keeping of records and other pertinent | 76746 |
| documents, the filing of copies of federal income tax returns and | 76747 |
| determinations, and computations reconciling federal income tax | 76748 |
|
returns with the returns and reports required by section | 76749 |
| 5751.051 of the Revised Code. The commissioner may require any | 76750 |
| person, by rule or notice served on that person, to keep those | 76751 |
| records that the commissioner considers necessary to show whether, | 76752 |
| and the extent to which, a person is subject to this chapter. | 76753 |
| Those records and other documents shall be open during business | 76754 |
| hours to the inspection of the commissioner, and shall be | 76755 |
| preserved for a period of four years unless the commissioner, in | 76756 |
| writing, consents to their destruction within that period, or by | 76757 |
| order requires that they be kept longer. If such records are | 76758 |
| normally kept by the person electronically, the person shall | 76759 |
| provide such records to the commissioner electronically at the | 76760 |
| commissioner's request. | 76761 |
| Any information required by the | 76762 |
| chapter is confidential as provided for in section 5703.21 of the | 76763 |
| Revised Code. However, the commissioner shall make public an | 76764 |
| electronic list of all actively registered persons required to | 76765 |
| remit the tax under this chapter, including legal names, trade | 76766 |
| names, addresses, and account numbers. In addition, such list | 76767 |
| shall include all persons that cancelled their registration at any | 76768 |
| time during the preceding four calendar years, including the | 76769 |
| effective date of the | 76770 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 76771 |
| the Revised Code: | 76772 |
| (1) "School district," "joint vocational school district," | 76773 |
| "local taxing unit," "recognized valuation," "fixed-rate levy," | 76774 |
| and "fixed-sum levy" have the same meanings as used in section | 76775 |
| 5727.84 of the Revised Code. | 76776 |
| (2) "State education aid" for a school district means the | 76777 |
| following: | 76778 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 76779 |
| state aid amounts computed for the district under the following | 76780 |
| provisions, as they existed for the applicable fiscal year: | 76781 |
| division (A) of section 3317.022 of the Revised Code, including | 76782 |
| the amounts calculated under sections 3317.029 and 3317.0217 of | 76783 |
| the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of | 76784 |
| section 3317.022; divisions (B), (C), and (D) of section 3317.023; | 76785 |
| divisions (L) and (N) of section 3317.024; section 3317.0216; and | 76786 |
| any unit payments for gifted student services paid under sections | 76787 |
| 3317.05, 3317.052, and 3317.053 of the Revised Code; except that, | 76788 |
| for fiscal years 2008 and 2009, the amount computed for the | 76789 |
| district under Section 269.20.80 of H.B. 119 of the 127th general | 76790 |
| assembly and as that section subsequently may be amended shall be | 76791 |
| substituted for the amount computed under division (D) of section | 76792 |
| 3317.022 of the Revised Code, and the amount computed under | 76793 |
| Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 76794 |
| that section subsequently may be amended shall be included. | 76795 |
| (b) For fiscal years 2010 and 2011, the sum of the amounts | 76796 |
| computed under former sections 3306.052, 3306.12, 3306.13, | 76797 |
| 3306.19, 3306.191, and 3306.192 of the Revised Code; | 76798 |
| (c) For fiscal years 2012 and 2013, the amount paid in | 76799 |
|
accordance with | 76800 |
| 129th general assembly entitled "FUNDING FOR CITY, EXEMPTED | 76801 |
| VILLAGE, AND LOCAL SCHOOL DISTRICTS." | 76802 |
| (3) "State education aid" for a joint vocational school | 76803 |
| district means the following: | 76804 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 76805 |
| the state aid computed for the district under division (N) of | 76806 |
| section 3317.024 and section 3317.16 of the Revised Code, except | 76807 |
| that, for fiscal years 2008 and 2009, the amount computed under | 76808 |
| Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 76809 |
| that section subsequently may be amended shall be included. | 76810 |
| (b) For fiscal years 2010 and 2011, the amount paid in | 76811 |
|
accordance with | 76812 |
| 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL | 76813 |
| SCHOOL DISTRICTS." | 76814 |
| (c) For fiscal years 2012 and 2013, the amount paid in | 76815 |
|
accordance with | 76816 |
| 129th general assembly entitled "FUNDING FOR JOINT VOCATIONAL | 76817 |
| SCHOOL DISTRICTS." | 76818 |
| (4) "State education aid offset" means the amount determined | 76819 |
| for each school district or joint vocational school district under | 76820 |
| division (A)(1) of section 5751.21 of the Revised Code. | 76821 |
| (5) "Machinery and equipment property tax value loss" means | 76822 |
| the amount determined under division (C)(1) of this section. | 76823 |
| (6) "Inventory property tax value loss" means the amount | 76824 |
| determined under division (C)(2) of this section. | 76825 |
| (7) "Furniture and fixtures property tax value loss" means | 76826 |
| the amount determined under division (C)(3) of this section. | 76827 |
| (8) "Machinery and equipment fixed-rate levy loss" means the | 76828 |
| amount determined under division (D)(1) of this section. | 76829 |
| (9) "Inventory fixed-rate levy loss" means the amount | 76830 |
| determined under division (D)(2) of this section. | 76831 |
| (10) "Furniture and fixtures fixed-rate levy loss" means the | 76832 |
| amount determined under division (D)(3) of this section. | 76833 |
| (11) "Total fixed-rate levy loss" means the sum of the | 76834 |
| machinery and equipment fixed-rate levy loss, the inventory | 76835 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 76836 |
| loss, and the telephone company fixed-rate levy loss. | 76837 |
| (12) "Fixed-sum levy loss" means the amount determined under | 76838 |
| division (E) of this section. | 76839 |
| (13) "Machinery and equipment" means personal property | 76840 |
| subject to the assessment rate specified in division (F) of | 76841 |
| section 5711.22 of the Revised Code. | 76842 |
| (14) "Inventory" means personal property subject to the | 76843 |
| assessment rate specified in division (E) of section 5711.22 of | 76844 |
| the Revised Code. | 76845 |
| (15) "Furniture and fixtures" means personal property subject | 76846 |
| to the assessment rate specified in division (G) of section | 76847 |
| 5711.22 of the Revised Code. | 76848 |
| (16) "Qualifying levies" are levies in effect for tax year | 76849 |
| 2004 or applicable to tax year 2005 or approved at an election | 76850 |
| conducted before September 1, 2005. For the purpose of determining | 76851 |
| the rate of a qualifying levy authorized by section 5705.212 or | 76852 |
| 5705.213 of the Revised Code, the rate shall be the rate that | 76853 |
| would be in effect for tax year 2010. | 76854 |
| (17) "Telephone property" means tangible personal property of | 76855 |
| a telephone, telegraph, or interexchange telecommunications | 76856 |
| company subject to an assessment rate specified in section | 76857 |
| 5727.111 of the Revised Code in tax year 2004. | 76858 |
| (18) "Telephone property tax value loss" means the amount | 76859 |
| determined under division (C)(4) of this section. | 76860 |
| (19) "Telephone property fixed-rate levy loss" means the | 76861 |
| amount determined under division (D)(4) of this section. | 76862 |
| (20) "Taxes charged and payable" means taxes charged and | 76863 |
| payable after the reduction required by section 319.301 of the | 76864 |
| Revised Code but before the reductions required by sections | 76865 |
| 319.302 and 323.152 of the Revised Code. | 76866 |
| (21) "Median estate tax collections" means, in the case of a | 76867 |
| municipal corporation to which revenue from the taxes levied in | 76868 |
| Chapter 5731. of the Revised Code was distributed in each of | 76869 |
| calendar years 2006, 2007, 2008, and 2009, the median of those | 76870 |
| distributions. In the case of a municipal corporation to which no | 76871 |
| distributions were made in one or more of those years, "median | 76872 |
| estate tax collections" means zero. | 76873 |
| (22) "Total resources," in the case of a school district, | 76874 |
| means the sum of the amounts in divisions (A)(22)(a) to (h) of | 76875 |
| this section less any reduction required under division (A)(32) or | 76876 |
| (33) of this section. | 76877 |
| (a) The state education aid for fiscal year 2010; | 76878 |
| (b) The sum of the payments received by the school district | 76879 |
| in fiscal year 2010 for current expense levy losses pursuant to | 76880 |
| division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of | 76881 |
| section 5751.21 of the Revised Code, excluding the portion of such | 76882 |
| payments attributable to levies for joint vocational school | 76883 |
| district purposes; | 76884 |
| (c) The sum of fixed-sum levy loss payments received by the | 76885 |
| school district in fiscal year 2010 pursuant to division (E)(1) of | 76886 |
| section 5727.85 and division (E)(1) of section 5751.21 of the | 76887 |
|
Revised Code for fixed-sum levies | 76888 |
| a purpose other than paying debt charges; | 76889 |
| (d) Fifty per cent of the school district's taxes charged and | 76890 |
| payable against all property on the tax list of real and public | 76891 |
| utility property for current expense purposes for tax year 2008, | 76892 |
|
including taxes charged and payable from emergency levies | 76893 |
| charged and payable under section 5709.194 of the Revised Code and | 76894 |
| excluding taxes levied for joint vocational school district | 76895 |
| purposes; | 76896 |
| (e) Fifty per cent of the school district's taxes charged and | 76897 |
| payable against all property on the tax list of real and public | 76898 |
| utility property for current expenses for tax year 2009, including | 76899 |
| taxes charged and payable from emergency levies and excluding | 76900 |
| taxes levied for joint vocational school district purposes; | 76901 |
| (f) The school district's taxes charged and payable against | 76902 |
| all property on the general tax list of personal property for | 76903 |
| current expenses for tax year 2009, including taxes charged and | 76904 |
| payable from emergency levies; | 76905 |
| (g) The amount certified for fiscal year 2010 under division | 76906 |
| (A)(2) of section 3317.08 of the Revised Code; | 76907 |
| (h) Distributions received during calendar year 2009 from | 76908 |
| taxes levied under section 718.09 of the Revised Code. | 76909 |
| (23) "Total resources," in the case of a joint vocational | 76910 |
| school district, means the sum of amounts in divisions (A)(23)(a) | 76911 |
| to (g) of this section less any reduction required under division | 76912 |
| (A)(32) of this section. | 76913 |
| (a) The state education aid for fiscal year 2010; | 76914 |
| (b) The sum of the payments received by the joint vocational | 76915 |
| school district in fiscal year 2010 for current expense levy | 76916 |
| losses pursuant to division (C)(2) of section 5727.85 and | 76917 |
| divisions (C)(8) and (9) of section 5751.21 of the Revised Code; | 76918 |
| (c) Fifty per cent of the joint vocational school district's | 76919 |
| taxes charged and payable against all property on the tax list of | 76920 |
| real and public utility property for current expense purposes for | 76921 |
| tax year 2008; | 76922 |
| (d) Fifty per cent of the joint vocational school district's | 76923 |
| taxes charged and payable against all property on the tax list of | 76924 |
| real and public utility property for current expenses for tax year | 76925 |
| 2009; | 76926 |
| (e) Fifty per cent of a city, local, or exempted village | 76927 |
| school district's taxes charged and payable against all property | 76928 |
| on the tax list of real and public utility property for current | 76929 |
| expenses of the joint vocational school district for tax year | 76930 |
| 2008; | 76931 |
| (f) Fifty per cent of a city, local, or exempted village | 76932 |
| school district's taxes charged and payable against all property | 76933 |
| on the tax list of real and public utility property for current | 76934 |
| expenses of the joint vocational school district for tax year | 76935 |
| 2009; | 76936 |
| (g) The joint vocational school district's taxes charged and | 76937 |
| payable against all property on the general tax list of personal | 76938 |
| property for current expenses for tax year 2009. | 76939 |
| (24) "Total resources," in the case of county mental health | 76940 |
| and disability related functions, means the sum of the amounts in | 76941 |
| divisions (A)(24)(a) and (b) of this section less any reduction | 76942 |
| required under division (A)(32) of this section. | 76943 |
| (a) The sum of the payments received by the county for mental | 76944 |
| health and developmental disability related functions in calendar | 76945 |
|
year 2010 under division (A)(1) of section 5727.86 and | 76946 |
| divisions (A)(1) and (2) of section 5751.22 of the Revised Code as | 76947 |
| they existed at that time; | 76948 |
| (b) With respect to taxes levied by the county for mental | 76949 |
| health and developmental disability related purposes, the taxes | 76950 |
| charged and payable for such purposes against all property on the | 76951 |
| tax list of real and public utility property for tax year 2009. | 76952 |
| (25) "Total resources," in the case of county senior services | 76953 |
| related functions, means the sum of the amounts in divisions | 76954 |
| (A)(25)(a) and (b) of this section less any reduction required | 76955 |
| under division (A)(32) of this section. | 76956 |
| (a) The sum of the payments received by the county for senior | 76957 |
| services related functions in calendar year 2010 under division | 76958 |
| (A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 76959 |
| 5751.22 of the Revised Code as they existed at that time; | 76960 |
| (b) With respect to taxes levied by the county for senior | 76961 |
| services related purposes, the taxes charged and payable for such | 76962 |
| purposes against all property on the tax list of real and public | 76963 |
| utility property for tax year 2009. | 76964 |
| (26) "Total resources," in the case of county children's | 76965 |
| services related functions, means the sum of the amounts in | 76966 |
| divisions (A)(26)(a) and (b) of this section less any reduction | 76967 |
| required under division (A)(32) of this section. | 76968 |
| (a) The sum of the payments received by the county for | 76969 |
| children's services related functions in calendar year 2010 under | 76970 |
| division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of | 76971 |
| section 5751.22 of the Revised Code as they existed at that time; | 76972 |
| (b) With respect to taxes levied by the county for children's | 76973 |
| services related purposes, the taxes charged and payable for such | 76974 |
| purposes against all property on the tax list of real and public | 76975 |
| utility property for tax year 2009. | 76976 |
| (27) "Total resources," in the case of county public health | 76977 |
| related functions, means the sum of the amounts in divisions | 76978 |
| (A)(27)(a) and (b) of this section less any reduction required | 76979 |
| under division (A)(32) of this section. | 76980 |
| (a) The sum of the payments received by the county for public | 76981 |
| health related functions in calendar year 2010 under division | 76982 |
| (A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 76983 |
| 5751.22 of the Revised Code as they existed at that time; | 76984 |
| (b) With respect to taxes levied by the county for public | 76985 |
| health related purposes, the taxes charged and payable for such | 76986 |
| purposes against all property on the tax list of real and public | 76987 |
| utility property for tax year 2009. | 76988 |
| (28) "Total resources," in the case of all county functions | 76989 |
| not included in divisions (A)(24) to (27) of this section, means | 76990 |
| the sum of the amounts in divisions (A)(28)(a) to (d) of this | 76991 |
| section less any reduction required under division (A)(32) or (33) | 76992 |
| of this section. | 76993 |
| (a) The sum of the payments received by the county for all | 76994 |
| other purposes in calendar year 2010 under division (A)(1) of | 76995 |
| section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of | 76996 |
| the Revised Code as they existed at that time; | 76997 |
| (b) The county's percentage share of county undivided local | 76998 |
| government fund allocations as certified to the tax commissioner | 76999 |
| for calendar year 2010 by the county auditor under division (J) of | 77000 |
| section 5747.51 of the Revised Code or division (F) of section | 77001 |
| 5747.53 of the Revised Code multiplied by the total amount | 77002 |
| actually distributed in calendar year 2010 from the county | 77003 |
| undivided local government fund; | 77004 |
| (c) With respect to taxes levied by the county for all other | 77005 |
| purposes, the taxes charged and payable for such purposes against | 77006 |
| all property on the tax list of real and public utility property | 77007 |
| for tax year 2009, excluding taxes charged and payable for the | 77008 |
| purpose of paying debt charges; | 77009 |
| (d) The sum of the amounts distributed to the county in | 77010 |
| calendar year 2010 for the taxes levied pursuant to sections | 77011 |
| 5739.021 and 5741.021 of the Revised Code. | 77012 |
| (29) "Total resources," in the case of a municipal | 77013 |
| corporation, means the sum of the amounts in divisions (A)(29)(a) | 77014 |
| to (g) of this section less any reduction required under division | 77015 |
| (A)(32) or (33) of this section. | 77016 |
| (a) The sum of the payments received by the municipal | 77017 |
| corporation in calendar year 2010 for current expense levy losses | 77018 |
| under division (A)(1) of section 5727.86 and divisions (A)(1) and | 77019 |
| (2) of section 5751.22 of the Revised Code as they existed at that | 77020 |
| time; | 77021 |
| (b) The municipal corporation's percentage share of county | 77022 |
| undivided local government fund allocations as certified to the | 77023 |
| tax commissioner for calendar year 2010 by the county auditor | 77024 |
| under division (J) of section 5747.51 of the Revised Code or | 77025 |
| division (F) of section 5747.53 of the Revised Code multiplied by | 77026 |
| the total amount actually distributed in calendar year 2010 from | 77027 |
| the county undivided local government fund; | 77028 |
| (c) The sum of the amounts distributed to the municipal | 77029 |
| corporation in calendar year 2010 pursuant to section 5747.50 of | 77030 |
| the Revised Code; | 77031 |
| (d) With respect to taxes levied by the municipal | 77032 |
| corporation, the taxes charged and payable against all property on | 77033 |
| the tax list of real and public utility property for current | 77034 |
|
expenses, defined in division (A) | 77035 |
| year 2009; | 77036 |
| (e) The amount of admissions tax collected by the municipal | 77037 |
| corporation in calendar year 2008, or if such information has not | 77038 |
| yet been reported to the tax commissioner, in the most recent year | 77039 |
| before 2008 for which the municipal corporation has reported data | 77040 |
| to the commissioner; | 77041 |
| (f) The amount of income taxes collected by the municipal | 77042 |
| corporation in calendar year 2008, or if such information has not | 77043 |
| yet been reported to the tax commissioner, in the most recent year | 77044 |
| before 2008 for which the municipal corporation has reported data | 77045 |
| to the commissioner; | 77046 |
| (g) The municipal corporation's median estate tax | 77047 |
| collections. | 77048 |
| (30) "Total resources," in the case of a township, means the | 77049 |
| sum of the amounts in divisions (A)(30)(a) to (c) of this section | 77050 |
| less any reduction required under division (A)(32) or (33) of this | 77051 |
| section. | 77052 |
| (a) The sum of the payments received by the township in | 77053 |
| calendar year 2010 pursuant to division (A)(1) of section 5727.86 | 77054 |
| of the Revised Code and divisions (A)(1) and (2) of section | 77055 |
| 5751.22 of the Revised Code as they existed at that time, | 77056 |
| excluding payments received for debt purposes; | 77057 |
| (b) The township's percentage share of county undivided local | 77058 |
| government fund allocations as certified to the tax commissioner | 77059 |
| for calendar year 2010 by the county auditor under division (J) of | 77060 |
| section 5747.51 of the Revised Code or division (F) of section | 77061 |
| 5747.53 of the Revised Code multiplied by the total amount | 77062 |
| actually distributed in calendar year 2010 from the county | 77063 |
| undivided local government fund; | 77064 |
| (c) With respect to taxes levied by the township, the taxes | 77065 |
| charged and payable against all property on the tax list of real | 77066 |
| and public utility property for tax year 2009 excluding taxes | 77067 |
| charged and payable for the purpose of paying debt charges. | 77068 |
| (31) "Total resources," in the case of a local taxing unit | 77069 |
| that is not a county, municipal corporation, or township, means | 77070 |
| the sum of the amounts in divisions (A)(31)(a) to (e) of this | 77071 |
| section less any reduction required under division (A)(32) of this | 77072 |
| section. | 77073 |
| (a) The sum of the payments received by the local taxing unit | 77074 |
| in calendar year 2010 pursuant to division (A)(1) of section | 77075 |
| 5727.86 of the Revised Code and divisions (A)(1) and (2) of | 77076 |
| section 5751.22 of the Revised Code as they existed at that time; | 77077 |
| (b) The local taxing unit's percentage share of county | 77078 |
| undivided local government fund allocations as certified to the | 77079 |
| tax commissioner for calendar year 2010 by the county auditor | 77080 |
| under division (J) of section 5747.51 of the Revised Code or | 77081 |
| division (F) of section 5747.53 of the Revised Code multiplied by | 77082 |
| the total amount actually distributed in calendar year 2010 from | 77083 |
| the county undivided local government fund; | 77084 |
| (c) With respect to taxes levied by the local taxing unit, | 77085 |
| the taxes charged and payable against all property on the tax list | 77086 |
| of real and public utility property for tax year 2009 excluding | 77087 |
| taxes charged and payable for the purpose of paying debt charges; | 77088 |
| (d) The amount received from the tax commissioner during | 77089 |
| calendar year 2010 for sales or use taxes authorized under | 77090 |
| sections 5739.023 and 5741.022 of the Revised Code; | 77091 |
| (e) For institutions of higher education receiving tax | 77092 |
| revenue from a local levy, as identified in section 3358.02 of the | 77093 |
| Revised Code, the final state share of instruction allocation for | 77094 |
| fiscal year 2010 as calculated by the board of regents and | 77095 |
| reported to the state controlling board. | 77096 |
| (32) If a fixed-rate levy that is a qualifying levy is not | 77097 |
| 77098 | |
| "total resources" used to compute payments to be made under | 77099 |
| division (C)(12) of section 5751.21 or division (A)(1)(b) or (c) | 77100 |
| of section 5751.22 of the Revised Code in the tax years following | 77101 |
|
the last year the levy is
| 77102 |
|
reduced | 77103 |
| attributable to the fixed-rate levy loss of that levy as would be | 77104 |
| computed under division (C)(2) of section 5727.85, division (A)(1) | 77105 |
| of section 5727.85, divisions (C)(8) and (9) of section 5751.21, | 77106 |
| or division (A)(1) of section 5751.22 of the Revised Code. | 77107 |
| (33) In the case of a county, municipal corporation, school | 77108 |
| district, or township with fixed-rate levy losses attributable to | 77109 |
| a tax levied under section 5705.23 of the Revised Code, "total | 77110 |
| resources" used to compute payments to be made under division | 77111 |
| (C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86, | 77112 |
| division (C)(12) of section 5751.21, or division (A)(1)(c) of | 77113 |
| section 5751.22 of the Revised Code shall be reduced by the | 77114 |
| amounts described in divisions (A)(34)(a) to (c) of this section | 77115 |
| to the extent that those amounts were included in calculating the | 77116 |
| "total resources" of the school district or local taxing unit | 77117 |
| under division (A)(22), (28), (29), or (30) of this section. | 77118 |
| (34) "Total library resources," in the case of a county, | 77119 |
| municipal corporation, school district, or township public library | 77120 |
| that receives the proceeds of a tax levied under section 5705.23 | 77121 |
| of the Revised Code, means the sum of the amounts in divisions | 77122 |
| (A)(34)(a) to (c) of this section less any reduction required | 77123 |
| under division (A)(32) of this section. | 77124 |
| (a) The sum of the payments received by the county, municipal | 77125 |
| corporation, school district, or township public library in | 77126 |
| calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the | 77127 |
| Revised Code, as they existed at that time, for fixed-rate levy | 77128 |
| losses attributable to a tax levied under section 5705.23 of the | 77129 |
| Revised Code for the benefit of the public library; | 77130 |
| (b) The public library's percentage share of county undivided | 77131 |
| local government fund allocations as certified to the tax | 77132 |
| commissioner for calendar year 2010 by the county auditor under | 77133 |
| division (J) of section 5747.51 of the Revised Code or division | 77134 |
| (F) of section 5747.53 of the Revised Code multiplied by the total | 77135 |
| amount actually distributed in calendar year 2010 from the county | 77136 |
| undivided local government fund; | 77137 |
| (c) With respect to a tax levied pursuant to section 5705.23 | 77138 |
| of the Revised Code for the benefit of the public library, the | 77139 |
| amount of such tax that is charged and payable against all | 77140 |
| property on the tax list of real and public utility property for | 77141 |
| tax year 2009 excluding any tax that is charged and payable for | 77142 |
| the purpose of paying debt charges. | 77143 |
| (35) "Municipal current expense property tax levies" means | 77144 |
| all property tax levies of a municipality, except those with the | 77145 |
| following levy names: airport resurfacing; bond or any levy name | 77146 |
| including the word "bond"; capital improvement or any levy name | 77147 |
| including the word "capital"; debt or any levy name including the | 77148 |
| word "debt"; equipment or any levy name including the word | 77149 |
| "equipment," unless the levy is for combined operating and | 77150 |
| equipment; employee termination fund; fire pension or any levy | 77151 |
| containing the word "pension," including police pensions; | 77152 |
| fireman's fund or any practically similar name; sinking fund; road | 77153 |
| improvements or any levy containing the word "road"; fire truck or | 77154 |
| apparatus; flood or any levy containing the word "flood"; | 77155 |
| conservancy district; county health; note retirement; sewage, or | 77156 |
| any levy containing the words "sewage" or "sewer"; park | 77157 |
| improvement; parkland acquisition; storm drain; street or any levy | 77158 |
| name containing the word "street"; lighting, or any levy name | 77159 |
| containing the word "lighting"; and water. | 77160 |
| | 77161 |
| of a school district or joint vocational school district, the sum | 77162 |
| of the payments received by the school district in fiscal year | 77163 |
| 2011 pursuant to divisions (C)(10) and (11) of section 5751.21 of | 77164 |
| the Revised Code to the extent paid for current expense levies. In | 77165 |
| the case of a municipal corporation, "current expense TPP | 77166 |
| allocation" means the sum of the payments received by the | 77167 |
| municipal corporation in calendar year 2010 pursuant to divisions | 77168 |
| (A)(1) and (2) of section 5751.22 of the Revised Code to the | 77169 |
| extent paid for municipal current expense property tax levies as | 77170 |
|
defined in division (A) | 77171 |
| such payments received for current expense levy losses | 77172 |
| attributable to a tax levied under section 5705.23 of the Revised | 77173 |
| Code. If a fixed-rate levy that is a qualifying levy is not | 77174 |
| 77175 | |
| "current expense TPP allocation" used to compute payments to be | 77176 |
| made under division (C)(12) of section 5751.21 or division | 77177 |
| (A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax | 77178 |
|
years following the last year the levy is | 77179 |
|
payable shall be reduced
| 77180 |
| payments are attributable to the fixed-rate levy loss of that levy | 77181 |
| as would be computed under divisions (C)(10) and (11) of section | 77182 |
| 5751.21 or division (A)(1) of section 5751.22 of the Revised Code. | 77183 |
| | 77184 |
| by a local taxing unit in calendar year 2010 pursuant to divisions | 77185 |
| (A)(1) and (2) of section 5751.22 of the Revised Code, excluding | 77186 |
| any such payments received for fixed-rate levy losses attributable | 77187 |
| to a tax levied under section 5705.23 of the Revised Code. If a | 77188 |
|
fixed-rate levy that is a qualifying levy is not | 77189 |
| and payable in any year after tax year 2010, "TPP allocation" used | 77190 |
| to compute payments to be made under division (A)(1)(b) or (c) of | 77191 |
| section 5751.22 of the Revised Code in the tax years following the | 77192 |
|
last year the levy is | 77193 |
| 77194 | |
| attributable to the fixed-rate levy loss of that levy as would be | 77195 |
| computed under division (A)(1) of that section. | 77196 |
| | 77197 |
| school district or joint vocational school district, the sum of | 77198 |
| the amounts received in fiscal year 2011 pursuant to divisions | 77199 |
| (C)(10) and (11) and (D) of section 5751.21 of the Revised Code. | 77200 |
| In the case of a local taxing unit, "total TPP allocation" means | 77201 |
| the sum of payments received by the unit in calendar year 2010 | 77202 |
| pursuant to divisions (A)(1), (2), and (3) of section 5751.22 of | 77203 |
| the Revised Code. If a fixed-rate levy that is a qualifying levy | 77204 |
|
is not
| 77205 |
| 2010, "total TPP allocation" used to compute payments to be made | 77206 |
| under division (C)(12) of section 5751.21 or division (A)(1)(b) or | 77207 |
| (c) of section 5751.22 of the Revised Code in the tax years | 77208 |
|
following the last year the levy is | 77209 |
|
shall be reduced | 77210 |
| are attributable to the fixed-rate levy loss of that levy as would | 77211 |
| be computed under divisions (C)(10) and (11) of section 5751.21 or | 77212 |
| division (A)(1) of section 5751.22 of the Revised Code. | 77213 |
| | 77214 |
| difference of total TPP allocation minus the sum of current | 77215 |
| expense TPP allocation and the portion of total TPP allocation | 77216 |
| constituting reimbursement for debt levies, pursuant to division | 77217 |
| (D) of section 5751.21 of the Revised Code in the case of a school | 77218 |
| district or joint vocational school district and pursuant to | 77219 |
| division (A)(3) of section 5751.22 of the Revised Code in the case | 77220 |
| of a municipal corporation. | 77221 |
| | 77222 |
| of payments received by a county, municipal corporation, school | 77223 |
| district, or township public library in calendar year 2010 | 77224 |
| pursuant to section 5751.22 of the Revised Code for fixed-rate | 77225 |
| levy losses attributable to a tax levied under section 5705.23 of | 77226 |
| the Revised Code. If a fixed-rate levy authorized under section | 77227 |
| 5705.23 of the Revised Code that is a qualifying levy is not | 77228 |
| charged and payable in any year after tax year 2010, "TPP | 77229 |
| allocation for library purposes" used to compute payments to be | 77230 |
| made under division (A)(1)(d) of section 5751.22 of the Revised | 77231 |
| Code in the tax years following the last year the levy is charged | 77232 |
| and payable shall be reduced to the extent that the payments are | 77233 |
| attributable to the fixed-rate levy loss of that levy as would be | 77234 |
| computed under division (A)(1) of section 5751.22 of the Revised | 77235 |
| Code. | 77236 |
| (41) "Threshold per cent" means, in the case of a school | 77237 |
| district or joint vocational school district, two per cent for | 77238 |
| fiscal year 2012 and four per cent for fiscal years 2013 and | 77239 |
| thereafter. In the case of a local taxing unit or public library | 77240 |
| that receives the proceeds of a tax levied under section 5705.23 | 77241 |
| of the Revised Code, "threshold per cent" means two per cent for | 77242 |
| tax year 2011, four per cent for tax year 2012, and six per cent | 77243 |
| for tax years 2013 and thereafter. | 77244 |
| (B) The commercial activities tax receipts fund is hereby | 77245 |
| created in the state treasury and shall consist of money arising | 77246 |
| from the tax imposed under this chapter. Eighty-five | 77247 |
| one-hundredths of one per cent of the money credited to that fund | 77248 |
|
shall be credited to the | 77249 |
|
enhancement fund | 77250 |
| and shall be used to defray the costs incurred by the department | 77251 |
| of taxation in administering the tax imposed by this chapter and | 77252 |
| in implementing tax reform measures. The remainder in the | 77253 |
| commercial activities tax receipts fund shall be credited for each | 77254 |
| fiscal year in the following percentages to the general revenue | 77255 |
| fund, to the school district tangible property tax replacement | 77256 |
| fund, which is hereby created in the state treasury for the | 77257 |
| purpose of making the payments described in section 5751.21 of the | 77258 |
| Revised Code, and to the local government tangible property tax | 77259 |
| replacement fund, which is hereby created in the state treasury | 77260 |
| for the purpose of making the payments described in section | 77261 |
| 5751.22 of the Revised Code, in the following percentages: | 77262 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 77263 | |
| 2006 | 67.7% | 22.6% | 9.7% | 77264 | |
| 2007 | 0% | 70.0% | 30.0% | 77265 | |
| 2008 | 0% | 70.0% | 30.0% | 77266 | |
| 2009 | 0% | 70.0% | 30.0% | 77267 | |
| 2010 | 0% | 70.0% | 30.0% | 77268 | |
| 2011 | 0% | 70.0% | 30.0% | 77269 | |
| 2012 | 25.0% | 52.5% | 22.5% | 77270 | |
| 2013 and thereafter | 50.0% | 35.0% | 15.0% | 77271 |
| (C) Not later than September 15, 2005, the tax commissioner | 77272 |
| shall determine for each school district, joint vocational school | 77273 |
| district, and local taxing unit its machinery and equipment, | 77274 |
| inventory property, furniture and fixtures property, and telephone | 77275 |
| property tax value losses, which are the applicable amounts | 77276 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 77277 |
| except as provided in division (C)(5) of this section: | 77278 |
| (1) Machinery and equipment property tax value loss is the | 77279 |
| taxable value of machinery and equipment property as reported by | 77280 |
| taxpayers for tax year 2004 multiplied by: | 77281 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 77282 |
| cent; | 77283 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 77284 |
| (c) For tax year 2008, eighty-three per cent; | 77285 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 77286 |
| (2) Inventory property tax value loss is the taxable value of | 77287 |
| inventory property as reported by taxpayers for tax year 2004 | 77288 |
| multiplied by: | 77289 |
| (a) For tax year 2006, a fraction, the numerator of which is | 77290 |
| five and three-fourths and the denominator of which is | 77291 |
| twenty-three; | 77292 |
| (b) For tax year 2007, a fraction, the numerator of which is | 77293 |
| nine and one-half and the denominator of which is twenty-three; | 77294 |
| (c) For tax year 2008, a fraction, the numerator of which is | 77295 |
| thirteen and one-fourth and the denominator of which is | 77296 |
| twenty-three; | 77297 |
| (d) For tax year 2009 and thereafter a fraction, the | 77298 |
| numerator of which is seventeen and the denominator of which is | 77299 |
| twenty-three. | 77300 |
| (3) Furniture and fixtures property tax value loss is the | 77301 |
| taxable value of furniture and fixture property as reported by | 77302 |
| taxpayers for tax year 2004 multiplied by: | 77303 |
| (a) For tax year 2006, twenty-five per cent; | 77304 |
| (b) For tax year 2007, fifty per cent; | 77305 |
| (c) For tax year 2008, seventy-five per cent; | 77306 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 77307 |
| The taxable value of property reported by taxpayers used in | 77308 |
| divisions (C)(1), (2), and (3) of this section shall be such | 77309 |
| values as determined to be final by the tax commissioner as of | 77310 |
| August 31, 2005. Such determinations shall be final except for any | 77311 |
| correction of a clerical error that was made prior to August 31, | 77312 |
| 2005, by the tax commissioner. | 77313 |
| (4) Telephone property tax value loss is the taxable value of | 77314 |
| telephone property as taxpayers would have reported that property | 77315 |
| for tax year 2004 if the assessment rate for all telephone | 77316 |
| property for that year were twenty-five per cent, multiplied by: | 77317 |
| (a) For tax year 2006, zero per cent; | 77318 |
| (b) For tax year 2007, zero per cent; | 77319 |
| (c) For tax year 2008, zero per cent; | 77320 |
| (d) For tax year 2009, sixty per cent; | 77321 |
| (e) For tax year 2010, eighty per cent; | 77322 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 77323 |
| (5) Division (C)(5) of this section applies to any school | 77324 |
| district, joint vocational school district, or local taxing unit | 77325 |
| in a county in which is located a facility currently or formerly | 77326 |
| devoted to the enrichment or commercialization of uranium or | 77327 |
| uranium products, and for which the total taxable value of | 77328 |
| property listed on the general tax list of personal property for | 77329 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 77330 |
| cent or less of the taxable value of such property listed on the | 77331 |
| general tax list of personal property for the next preceding tax | 77332 |
| year. | 77333 |
| In computing the fixed-rate levy losses under divisions | 77334 |
| (D)(1), (2), and (3) of this section for any school district, | 77335 |
| joint vocational school district, or local taxing unit to which | 77336 |
| division (C)(5) of this section applies, the taxable value of such | 77337 |
| property as listed on the general tax list of personal property | 77338 |
| for tax year 2000 shall be substituted for the taxable value of | 77339 |
| such property as reported by taxpayers for tax year 2004, in the | 77340 |
| taxing district containing the uranium facility, if the taxable | 77341 |
| value listed for tax year 2000 is greater than the taxable value | 77342 |
| reported by taxpayers for tax year 2004. For the purpose of making | 77343 |
| the computations under divisions (D)(1), (2), and (3) of this | 77344 |
| section, the tax year 2000 valuation is to be allocated to | 77345 |
| machinery and equipment, inventory, and furniture and fixtures | 77346 |
| property in the same proportions as the tax year 2004 values. For | 77347 |
| the purpose of the calculations in division (A) of section 5751.21 | 77348 |
| of the Revised Code, the tax year 2004 taxable values shall be | 77349 |
| used. | 77350 |
| To facilitate the calculations required under division (C) of | 77351 |
| this section, the county auditor, upon request from the tax | 77352 |
| commissioner, shall provide by August 1, 2005, the values of | 77353 |
| machinery and equipment, inventory, and furniture and fixtures for | 77354 |
| all single-county personal property taxpayers for tax year 2004. | 77355 |
| (D) Not later than September 15, 2005, the tax commissioner | 77356 |
| shall determine for each tax year from 2006 through 2009 for each | 77357 |
| school district, joint vocational school district, and local | 77358 |
| taxing unit its machinery and equipment, inventory, and furniture | 77359 |
| and fixtures fixed-rate levy losses, and for each tax year from | 77360 |
| 2006 through 2011 its telephone property fixed-rate levy loss. | 77361 |
| Except as provided in division (F) of this section, such losses | 77362 |
| are the applicable amounts described in divisions (D)(1), (2), | 77363 |
| (3), and (4) of this section: | 77364 |
| (1) The machinery and equipment fixed-rate levy loss is the | 77365 |
| machinery and equipment property tax value loss multiplied by the | 77366 |
| sum of the tax rates of fixed-rate qualifying levies. | 77367 |
| (2) The inventory fixed-rate loss is the inventory property | 77368 |
| tax value loss multiplied by the sum of the tax rates of | 77369 |
| fixed-rate qualifying levies. | 77370 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 77371 |
| furniture and fixture property tax value loss multiplied by the | 77372 |
| sum of the tax rates of fixed-rate qualifying levies. | 77373 |
| (4) The telephone property fixed-rate levy loss is the | 77374 |
| telephone property tax value loss multiplied by the sum of the tax | 77375 |
| rates of fixed-rate qualifying levies. | 77376 |
| (E) Not later than September 15, 2005, the tax commissioner | 77377 |
| shall determine for each school district, joint vocational school | 77378 |
| district, and local taxing unit its fixed-sum levy loss. The | 77379 |
| fixed-sum levy loss is the amount obtained by subtracting the | 77380 |
| amount described in division (E)(2) of this section from the | 77381 |
| amount described in division (E)(1) of this section: | 77382 |
| (1) The sum of the machinery and equipment property tax value | 77383 |
| loss, the inventory property tax value loss, and the furniture and | 77384 |
| fixtures property tax value loss, and, for 2008 through 2010, the | 77385 |
| telephone property tax value loss of the district or unit | 77386 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 77387 |
| levies. For 2006 through 2010, this computation shall include all | 77388 |
| qualifying levies remaining in effect for the current tax year and | 77389 |
|
any school district levies | 77390 |
| section 5705.194 or 5705.213 of the Revised Code that are | 77391 |
| qualifying levies not remaining in effect for the current year. | 77392 |
| For 2011 through 2017 in the case of school district levies | 77393 |
| 77394 | |
| the Revised Code and for all years after 2010 in the case of other | 77395 |
| fixed-sum levies, this computation shall include only qualifying | 77396 |
| levies remaining in effect for the current year. For purposes of | 77397 |
|
this computation, a qualifying school district levy | 77398 |
| charged and payable under section 5705.194 or 5705.213 of the | 77399 |
| Revised Code remains in effect in a year after 2010 only if, for | 77400 |
| that year, the board of education levies a school district levy | 77401 |
| 77402 | |
| 5705.213, or 5705.219 of the Revised Code for an annual sum at | 77403 |
| least equal to the annual sum levied by the board in tax year 2004 | 77404 |
| less the amount of the payment certified under this division for | 77405 |
| 2006. | 77406 |
| (2) The total taxable value in tax year 2004 less the sum of | 77407 |
| the machinery and equipment, inventory, furniture and fixtures, | 77408 |
| and telephone property tax value losses in each school district, | 77409 |
| joint vocational school district, and local taxing unit multiplied | 77410 |
| by one-half of one mill per dollar. | 77411 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 77412 |
| section, the tax value losses are those that would be calculated | 77413 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 77414 |
| section and for tax year 2011 under division (C)(4) of this | 77415 |
| section. | 77416 |
| (4) To facilitate the calculation under divisions (D) and (E) | 77417 |
| of this section, not later than September 1, 2005, any school | 77418 |
| district, joint vocational school district, or local taxing unit | 77419 |
| that has a qualifying levy that was approved at an election | 77420 |
| conducted during 2005 before September 1, 2005, shall certify to | 77421 |
| the tax commissioner a copy of the county auditor's certificate of | 77422 |
| estimated property tax millage for such levy as required under | 77423 |
| division (B) of section 5705.03 of the Revised Code, which is the | 77424 |
| rate that shall be used in the calculations under such divisions. | 77425 |
| If the amount determined under division (E) of this section | 77426 |
| for any school district, joint vocational school district, or | 77427 |
| local taxing unit is greater than zero, that amount shall equal | 77428 |
| the reimbursement to be paid pursuant to division (E) of section | 77429 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 77430 |
| and the one-half of one mill that is subtracted under division | 77431 |
| (E)(2) of this section shall be apportioned among all contributing | 77432 |
| fixed-sum levies in the proportion that each levy bears to the sum | 77433 |
| of all fixed-sum levies within each school district, joint | 77434 |
| vocational school district, or local taxing unit. | 77435 |
| (F) If a school district levies a tax under section 5705.219 | 77436 |
| of the Revised Code, the fixed-rate levy loss for qualifying | 77437 |
| levies, to the extent repealed under that section, shall equal the | 77438 |
| sum of the following amounts in lieu of the amounts computed for | 77439 |
| such levies under division (D) of this section: | 77440 |
| (1) The sum of the rates of qualifying levies to the extent | 77441 |
| so repealed multiplied by the sum of the machinery and equipment, | 77442 |
| inventory, and furniture and fixtures tax value losses for 2009 as | 77443 |
| determined under that division; | 77444 |
| (2) The sum of the rates of qualifying levies to the extent | 77445 |
| so repealed multiplied by the telephone property tax value loss | 77446 |
| for 2011 as determined under that division. | 77447 |
| The fixed-rate levy losses for qualifying levies to the | 77448 |
| extent not repealed under section 5705.219 of the Revised Code | 77449 |
| shall be as determined under division (D) of this section. The | 77450 |
| revised fixed-rate levy losses determined under this division and | 77451 |
| division (D) of this section first apply in the year following the | 77452 |
| first year the district levies the tax under section 5705.219 of | 77453 |
| the Revised Code. | 77454 |
| (G) Not later than October 1, 2005, the tax commissioner | 77455 |
| shall certify to the department of education for every school | 77456 |
| district and joint vocational school district the machinery and | 77457 |
| equipment, inventory, furniture and fixtures, and telephone | 77458 |
| property tax value losses determined under division (C) of this | 77459 |
| section, the machinery and equipment, inventory, furniture and | 77460 |
| fixtures, and telephone fixed-rate levy losses determined under | 77461 |
| division (D) of this section, and the fixed-sum levy losses | 77462 |
| calculated under division (E) of this section. The calculations | 77463 |
| under divisions (D) and (E) of this section shall separately | 77464 |
| display the levy loss for each levy eligible for reimbursement. | 77465 |
| (H) Not later than October 1, 2005, the tax commissioner | 77466 |
| shall certify the amount of the fixed-sum levy losses to the | 77467 |
| county auditor of each county in which a school district, joint | 77468 |
| vocational school district, or local taxing unit with a fixed-sum | 77469 |
| levy loss reimbursement has territory. | 77470 |
| (I) Not later than the twenty-eighth day of February each | 77471 |
| year beginning in 2011 and ending in 2014, the tax commissioner | 77472 |
| shall certify to the department of education for each school | 77473 |
| district first levying a tax under section 5705.219 of the Revised | 77474 |
| Code in the preceding year the revised fixed-rate levy losses | 77475 |
| determined under divisions (D) and (F) of this section. | 77476 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 77477 |
| commissioner shall compute the payments to be made to each local | 77478 |
| taxing unit, and to each public library that receives the proceeds | 77479 |
| of a tax levied under section 5705.23 of the Revised Code, for | 77480 |
| each year according to divisions (A)(1), (2), (3), and (4) of this | 77481 |
| section as this section existed on that date, and shall distribute | 77482 |
| the payments in the manner prescribed by division (C) of this | 77483 |
| section. The calculation of the fixed-sum levy loss shall cover a | 77484 |
| time period sufficient to include all fixed-sum levies for which | 77485 |
| the commissioner determined, pursuant to division (E) of section | 77486 |
| 5751.20 of the Revised Code, that a fixed-sum levy loss is to be | 77487 |
| reimbursed. | 77488 |
| (1) Except as provided in division (A)(3) of this section, | 77489 |
| for fixed-rate levy losses determined under division (D) of | 77490 |
| section 5751.20 of the Revised Code, payments shall be made in an | 77491 |
| amount equal to the following: | 77492 |
| (a) For tax years 2006 through 2010, one hundred per cent of | 77493 |
| such losses; | 77494 |
| (b) For the payment in tax year 2011 to be made on or before | 77495 |
| the twentieth day of November, the sum of the amount in division | 77496 |
| (A)(1)(b)(i) or (ii) and division (A)(1)(b)(iii) of this section: | 77497 |
| (i) If the ratio of six-sevenths of the TPP allocation to | 77498 |
| total resources is equal to or less than the threshold per cent, | 77499 |
| zero; | 77500 |
| (ii) If the ratio of six-sevenths of the TPP allocation to | 77501 |
| total resources is greater than the threshold per cent, the | 77502 |
| difference of six-sevenths of the TPP allocation minus the product | 77503 |
| of total resources multiplied by the threshold per cent; | 77504 |
| (iii) In the case of a municipal corporation, six-sevenths of | 77505 |
| the product of the non-current expense TPP allocation multiplied | 77506 |
| by seventy-five per cent. | 77507 |
| (c) For tax years 2012 and thereafter, the sum of the amount | 77508 |
| in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of | 77509 |
| this section: | 77510 |
| (i) If the ratio of TPP allocation to total resources is | 77511 |
| equal to or less than the threshold per cent, zero; | 77512 |
| (ii) If the ratio of TPP allocation to total resources is | 77513 |
| greater than the threshold per cent, the TPP allocation minus the | 77514 |
| product of total resources multiplied by the threshold per cent; | 77515 |
| (iii) In the case of a municipal corporation, non-current | 77516 |
| expense TPP allocation multiplied by fifty per cent for tax year | 77517 |
| 2012 and twenty-five per cent for tax years 2013 and thereafter; | 77518 |
| (d) For tax years 2012 and thereafter, in the case of a | 77519 |
| county, school district, municipal corporation, or township public | 77520 |
| library, the amount in division (A)(1)(d)(i) or (ii) of this | 77521 |
| section: | 77522 |
| (i) If the ratio of TPP allocation for library purposes to | 77523 |
| total library resources is equal to or less than the threshold per | 77524 |
| cent, zero; | 77525 |
| (ii) If the ratio of TPP allocation for library purposes to | 77526 |
| total library resources is greater than the threshold per cent, | 77527 |
| the TPP allocation for library purposes minus the product of total | 77528 |
| library resources multiplied by the threshold per cent. | 77529 |
| (2) For fixed-sum levy losses determined under division (E) | 77530 |
| of section 5751.20 of the Revised Code, payments shall be made in | 77531 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 77532 |
|
payments required to be made in 2006 | 77533 |
| except that no payments shall be made for qualifying levies that | 77534 |
| have expired. For payments required to be made in 2012 and | 77535 |
| thereafter, payments shall be made in the amount of fifty per cent | 77536 |
| of the fixed-sum levy loss until the qualifying levy has expired. | 77537 |
| (3) For taxes levied within the ten-mill limitation or | 77538 |
| pursuant to a municipal charter for debt purposes in tax year | 77539 |
| 2005, payments shall be made based on the schedule in division | 77540 |
| (A)(1) of this section for each of the calendar years 2006 through | 77541 |
| 2010. For each of the calendar years 2011 through 2017, the | 77542 |
| percentages for calendar year 2010 shall be used for taxes levied | 77543 |
| within the ten-mill limitation or pursuant to a municipal charter | 77544 |
| for debt purposes in tax year 2010, as long as such levies | 77545 |
| continue to be used for debt purposes. If the purpose of such a | 77546 |
| qualifying levy is changed, that levy becomes subject to the | 77547 |
| payment schedules in divisions (A)(1)(a) to (h) of this section. | 77548 |
| No payments shall be made for such levies after calendar year | 77549 |
| 2017. For the purposes of this division, taxes levied pursuant to | 77550 |
| a municipal charter refer to taxes levied pursuant to a provision | 77551 |
| of a municipal charter that permits the tax to be levied without | 77552 |
| prior voter approval. | 77553 |
| (B) Beginning in 2007, by the thirty-first day of January of | 77554 |
| each year, the tax commissioner shall review the calculation | 77555 |
| originally made under division (A) of this section of the | 77556 |
| fixed-sum levy losses determined under division (E) of section | 77557 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 77558 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 77559 |
| current year has expired, a revised calculation for that and all | 77560 |
| subsequent years shall be made. | 77561 |
| (C) Payments to local taxing units and public libraries | 77562 |
| required to be made under division (A) of this section shall be | 77563 |
| paid from the local government tangible property tax replacement | 77564 |
| fund to the county undivided income tax fund in the proper county | 77565 |
| treasury. From May 2006 through November 2010, one-seventh of the | 77566 |
| amount determined under that division shall be paid by the last | 77567 |
| day of May each year, and three-sevenths shall be paid by the last | 77568 |
| day of August and October each year. From May 2011 through | 77569 |
| November 2013, one-seventh of the amount determined under that | 77570 |
| division shall be paid on or before the last day of May each year, | 77571 |
|
and six-sevenths shall be paid on or before the | 77572 |
| thirtieth day of November each year, except that in November 2011, | 77573 |
| the payment shall equal one hundred per cent of the amount | 77574 |
| calculated for that payment. Beginning in May 2014, one-half of | 77575 |
| the amount determined under that division shall be paid on or | 77576 |
| before the last day of May each year, and one-half shall be paid | 77577 |
|
on or before the | 77578 |
|
Within | 77579 |
| county treasurer shall distribute amounts determined under | 77580 |
| division (A) of this section to the proper local taxing unit or | 77581 |
| public library as if they had been levied and collected as taxes, | 77582 |
| and the local taxing unit or public library shall apportion the | 77583 |
| amounts so received among its funds in the same proportions as if | 77584 |
| those amounts had been levied and collected as taxes. | 77585 |
| (D) For each of the fiscal years 2006 through 2018, if the | 77586 |
| total amount in the local government tangible property tax | 77587 |
| replacement fund is insufficient to make all payments under | 77588 |
| division (C) of this section at the times the payments are to be | 77589 |
| made, the director of budget and management shall transfer from | 77590 |
| the general revenue fund to the local government tangible property | 77591 |
| tax replacement fund the difference between the total amount to be | 77592 |
| paid and the amount in the local government tangible property tax | 77593 |
| replacement fund. For each fiscal year after 2018, at the time | 77594 |
| payments under division (A)(2) of this section are to be made, the | 77595 |
| director of budget and management shall transfer from the general | 77596 |
| revenue fund to the local government property tax replacement fund | 77597 |
| the amount necessary to make such payments. | 77598 |
| (E) On the fifteenth day of June of each year from 2006 | 77599 |
| through 2018, the director of budget and management may transfer | 77600 |
| any balance in the local government tangible property tax | 77601 |
| replacement fund to the general revenue fund. | 77602 |
| (F) If all or a part of the territories of two or more local | 77603 |
| taxing units are merged, or unincorporated territory of a township | 77604 |
| is annexed by a municipal corporation, the tax commissioner shall | 77605 |
| adjust the payments made under this section to each of the local | 77606 |
| taxing units in proportion to the square mileage of the merged or | 77607 |
| annexed territory as a percentage of the total square mileage of | 77608 |
| the jurisdiction from which the territory originated, or as | 77609 |
| otherwise provided by a written agreement between the legislative | 77610 |
| authorities of the local taxing units certified to the | 77611 |
| commissioner not later than the first day of June of the calendar | 77612 |
| year in which the payment is to be made. | 77613 |
| Sec. 5751.54. (A) Any term used in this section has the same | 77614 |
| meaning as in section 122.85 of the Revised Code. | 77615 |
| (B) There is allowed a refundable credit against the tax | 77616 |
| imposed by section 5751.02 of the Revised Code for any person that | 77617 |
| is the certificate owner of a tax credit certificate issued under | 77618 |
| section 122.85 of the Revised Code. The credit amount equals the | 77619 |
| amount stated in the certificate. The credit shall be claimed in | 77620 |
| the order required under section 5751.98 of the Revised Code. If | 77621 |
| the credit amount exceeds the tax otherwise due under section | 77622 |
| 5751.02 of the Revised Code after deducting all other credits in | 77623 |
| that order, the excess shall be refunded. | 77624 |
| (C) Nothing in this section allows a person to claim more | 77625 |
| than one credit per tax credit-eligible production. | 77626 |
| Sec. 5751.98. (A) To provide a uniform procedure for | 77627 |
| calculating the amount of tax due under this chapter, a taxpayer | 77628 |
| shall claim any credits to which it is entitled in the following | 77629 |
| order: | 77630 |
| (1) The nonrefundable jobs retention credit under division | 77631 |
| (B) of section 5751.50 of the Revised Code; | 77632 |
| (2) The nonrefundable credit for qualified research expenses | 77633 |
| under division (B) of section 5751.51 of the Revised Code; | 77634 |
| (3) The nonrefundable credit for a borrower's qualified | 77635 |
| research and development loan payments under division (B) of | 77636 |
| section 5751.52 of the Revised Code; | 77637 |
| (4) The nonrefundable credit for calendar years 2010 to 2029 | 77638 |
| for unused net operating losses under division (B) of section | 77639 |
| 5751.53 of the Revised Code; | 77640 |
| (5) The refundable motion picture production credit | 77641 |
| 77642 | |
| 77643 |
| (6) The refundable jobs creation credit or job retention | 77644 |
| credit under division (A) of section 5751.50 of the Revised Code; | 77645 |
| (7) The refundable credit for calendar year 2030 for unused | 77646 |
| net operating losses under division (C) of section 5751.53 of the | 77647 |
| Revised Code. | 77648 |
| (B) For any credit except the refundable credits enumerated | 77649 |
| in this section, the amount of the credit for a tax period shall | 77650 |
| not exceed the tax due after allowing for any other credit that | 77651 |
| precedes it in the order required under this section. Any excess | 77652 |
| amount of a particular credit may be carried forward if authorized | 77653 |
| under the section creating the credit. | 77654 |
| Sec. 5753.03. (A) For the purpose of receiving and | 77655 |
| distributing, and accounting for, revenue received from the tax | 77656 |
| levied by section 5753.02 of the Revised Code, the following funds | 77657 |
| are created in the state treasury: | 77658 |
| (1) The casino tax revenue fund; | 77659 |
| (2) The gross casino revenue county fund; | 77660 |
| (3) The gross casino revenue county student fund; | 77661 |
| (4) The gross casino revenue host city fund; | 77662 |
| (5) The Ohio state racing commission fund; | 77663 |
| (6) The Ohio law enforcement training fund; | 77664 |
| (7) The problem casino gambling and addictions fund; | 77665 |
| (8) The casino control commission fund; | 77666 |
| (9) The casino tax administration fund; | 77667 |
| (10) The peace officer training academy fund; | 77668 |
| (11) The criminal justice services casino tax revenue fund. | 77669 |
| (B) All moneys collected from the tax levied under this | 77670 |
| chapter shall be deposited into the casino tax revenue fund. | 77671 |
| (C) From the casino tax revenue fund the director of budget | 77672 |
| and management shall transfer as needed to the tax refund fund | 77673 |
| amounts equal to the refunds certified by the tax commissioner | 77674 |
| under section 5753.06 of the Revised Code. | 77675 |
| (D) After making any transfers required by division (C) of | 77676 |
| this section, but not later than the fifteenth day of the month | 77677 |
| following the end of each calendar quarter, the director of budget | 77678 |
| and management shall transfer amounts to each fund as follows: | 77679 |
| (1) Fifty-one per cent to the gross casino revenue county | 77680 |
| fund to make payments as required by Section 6(C)(3)(a) of Article | 77681 |
| XV, Ohio Constitution; | 77682 |
| (2) Thirty-four per cent to the gross casino revenue county | 77683 |
| student fund to make payments as required by Section 6(C)(3)(b) of | 77684 |
| Article XV, Ohio Constitution; | 77685 |
| (3) Five per cent to the gross casino revenue host city fund | 77686 |
| for the benefit of the cities in which casino facilities are | 77687 |
| located; | 77688 |
| (4) Three per cent to the Ohio state racing commission fund | 77689 |
| to support the efforts and activities of the Ohio state racing | 77690 |
| commission to promote horse racing in this state at which the | 77691 |
| pari-mutuel system of wagering is conducted; | 77692 |
| (5) Two per cent to the Ohio law enforcement training fund to | 77693 |
| support law enforcement functions in the state; | 77694 |
| (6) Two per cent to the problem casino gambling and | 77695 |
| addictions fund to support efforts of the department of alcohol | 77696 |
| and drug addiction services to alleviate problem gambling and | 77697 |
| substance abuse and related research in the state under section | 77698 |
| 3793.032 of the Revised Code; | 77699 |
| (7) Three per cent to the casino control commission fund to | 77700 |
| support the operations of the Ohio casino control commission and | 77701 |
| to defray the cost of administering the tax levied under section | 77702 |
| 5753.02 of the Revised Code. | 77703 |
| Payments under divisions (D)(1), (2), and (3) of this section | 77704 |
| shall be made by the end of the month following the end of the | 77705 |
| quarterly period. The tax commissioner shall make the data | 77706 |
| available to the director of budget and management for this | 77707 |
| purpose. | 77708 |
| Of the money credited to the Ohio law enforcement training | 77709 |
| fund, the director of budget and management shall distribute | 77710 |
| eighty-five per cent of the money to the police officer training | 77711 |
| academy fund for the purpose of supporting the law enforcement | 77712 |
| training efforts of the Ohio peace officer training academy and | 77713 |
| fifteen per cent of the money to the criminal justice services | 77714 |
| casino tax revenue fund for the purpose of supporting the law | 77715 |
| enforcement training efforts of the division of criminal justice | 77716 |
| services. | 77717 |
| (E) The director of budget and management shall transfer one | 77718 |
| per cent of the money credited to the casino control commission | 77719 |
| fund to the casino tax administration fund. The tax commissioner | 77720 |
| shall use the casino tax administration fund to defray the costs | 77721 |
| incurred in administering the tax levied by this chapter. | 77722 |
| Sec. 5902.02. The duties of the director of veterans | 77723 |
| services shall include the following: | 77724 |
| (A) Furnishing the veterans service commissions of all | 77725 |
| counties of the state copies of the state laws, rules, and | 77726 |
| legislation relating to the operation of the commissions and their | 77727 |
| offices; | 77728 |
| (B) Upon application, assisting the general public in | 77729 |
| obtaining records of vital statistics pertaining to veterans or | 77730 |
| their dependents; | 77731 |
| (C) Adopting rules pursuant to Chapter 119. of the Revised | 77732 |
| Code pertaining to minimum qualifications for hiring, certifying, | 77733 |
| and accrediting county veterans service officers, pertaining to | 77734 |
| their required duties, and pertaining to revocation of the | 77735 |
| certification of county veterans service officers; | 77736 |
| (D) Adopting rules pursuant to Chapter 119. of the Revised | 77737 |
| Code for the education, training, certification, and duties of | 77738 |
| veterans service commissioners and for the revocation of the | 77739 |
| certification of a veterans service commissioner; | 77740 |
| (E) Developing and monitoring programs and agreements | 77741 |
| enhancing employment and training for veterans in single or | 77742 |
| multiple county areas; | 77743 |
| (F) Developing and monitoring programs and agreements to | 77744 |
| enable county veterans service commissions to address | 77745 |
| homelessness, indigency, and other veteran-related issues | 77746 |
| individually or jointly; | 77747 |
| (G) Developing and monitoring programs and agreements to | 77748 |
| enable state agencies, individually or jointly, that provide | 77749 |
| services to veterans, including the veterans' homes operated under | 77750 |
| Chapter 5907. of the Revised Code and the director of job and | 77751 |
| family services, to address homelessness, indigency, employment, | 77752 |
| and other veteran-related issues; | 77753 |
| (H) Establishing and providing statistical reporting formats | 77754 |
| and procedures for county veterans service commissions; | 77755 |
| (I) Publishing | 77756 |
| 77757 | |
| 77758 | |
| 77759 | |
| 77760 | |
| 77761 | |
| commission members' terms of office and the organizations they | 77762 |
| represent; the names, addresses, and telephone numbers of county | 77763 |
|
veterans service | 77764 |
| offices; and the addresses and telephone numbers of the Ohio | 77765 |
| offices and headquarters of state and national veterans service | 77766 |
| organizations. | 77767 |
| (J) Establishing a veterans advisory committee to advise and | 77768 |
| assist the department of veterans services in its duties. Members | 77769 |
| shall include a member of the national guard association of the | 77770 |
| United States who is a resident of this state, a member of the | 77771 |
| military officers association of America who is a resident of this | 77772 |
| state, a state representative of congressionally chartered | 77773 |
| veterans organizations referred to in section 5901.02 of the | 77774 |
| Revised Code, a representative of any other congressionally | 77775 |
| chartered state veterans organization that has at least one | 77776 |
| veterans service commissioner in the state, three representatives | 77777 |
| of the Ohio state association of county veterans service | 77778 |
| commissioners, who shall have a combined vote of one, three | 77779 |
| representatives of the state association of county veterans | 77780 |
| service officers, who shall have a combined vote of one, one | 77781 |
| representative of the county commissioners association of Ohio, | 77782 |
| who shall be a county commissioner not from the same county as any | 77783 |
| of the other county representatives, a representative of the | 77784 |
| advisory committee on women veterans, a representative of a labor | 77785 |
| organization, and a representative of the office of the attorney | 77786 |
| general. The department of veterans services shall submit to the | 77787 |
| advisory committee proposed rules for the committee's operation. | 77788 |
| The committee may review and revise these proposed rules prior to | 77789 |
| submitting them to the joint committee on agency rule review. | 77790 |
| (K) Adopting, with the advice and assistance of the veterans | 77791 |
| advisory committee, policy and procedural guidelines that the | 77792 |
| veterans service commissions shall adhere to in the development | 77793 |
| and implementation of rules, policies, procedures, and guidelines | 77794 |
| for the administration of Chapter 5901. of the Revised Code. The | 77795 |
| department of veterans services shall adopt no guidelines or rules | 77796 |
| regulating the purposes, scope, duration, or amounts of financial | 77797 |
| assistance provided to applicants pursuant to sections 5901.01 to | 77798 |
| 5901.15 of the Revised Code. The director of veterans services may | 77799 |
| obtain opinions from the office of the attorney general regarding | 77800 |
| rules, policies, procedures, and guidelines of the veterans | 77801 |
| service commissions and may enforce compliance with Chapter 5901. | 77802 |
| of the Revised Code. | 77803 |
| (L) Receiving copies of form DD214 filed in accordance with | 77804 |
| the director's guidelines adopted under division (L) of this | 77805 |
| section from members of veterans service commissions appointed | 77806 |
| under section 5901.02 and from county veterans service officers | 77807 |
| employed under section 5901.07 of the Revised Code; | 77808 |
| (M) Developing and maintaining and improving a resource, such | 77809 |
| as a telephone answering point or a web site, by means of which | 77810 |
| veterans and their dependents, through a single portal, can access | 77811 |
| multiple sources of information and interaction with regard to the | 77812 |
| rights of, and the benefits available to, veterans and their | 77813 |
| dependents. The director of veterans services may enter into | 77814 |
| agreements with state and federal agencies, with agencies of | 77815 |
| political subdivisions, with state and local instrumentalities, | 77816 |
| and with private entities as necessary to make the resource as | 77817 |
| complete as is possible. | 77818 |
| (N) Planning, organizing, advertising, and conducting | 77819 |
| outreach efforts, such as conferences and fairs, at which veterans | 77820 |
| and their dependents may meet, learn about the organization and | 77821 |
| operation of the department of veterans services and of veterans | 77822 |
| service commissions, and obtain information about the rights of, | 77823 |
| and the benefits and services available to, veterans and their | 77824 |
| dependents; | 77825 |
| (O) Advertising, in print, on radio and television, and | 77826 |
| otherwise, the rights of, and the benefits and services available | 77827 |
| to, veterans and their dependents; | 77828 |
| (P) Developing and advocating improved benefits and services | 77829 |
| for, and improved delivery of benefits and services to, veterans | 77830 |
| and their dependents; | 77831 |
| (Q) Searching for, identifying, and reviewing statutory and | 77832 |
| administrative policies that relate to veterans and their | 77833 |
| dependents and reporting to the general assembly statutory and | 77834 |
| administrative policies that should be consolidated in whole or in | 77835 |
| part within the organization of the department of veterans | 77836 |
| services to unify funding, delivery, and accounting of statutory | 77837 |
| and administrative policy expressions that relate particularly to | 77838 |
| veterans and their dependents; | 77839 |
| (R) Encouraging veterans service commissions to innovate and | 77840 |
| otherwise to improve efficiency in delivering benefits and | 77841 |
| services to veterans and their dependents and to report successful | 77842 |
| innovations and efficiencies to the director of veterans services; | 77843 |
| (S) Publishing and encouraging adoption of successful | 77844 |
| innovations and efficiencies veterans service commissions have | 77845 |
| achieved in delivering benefits and services to veterans and their | 77846 |
| dependents; | 77847 |
| (T) Establishing advisory committees, in addition to the | 77848 |
| veterans advisory committee established under division (K) of this | 77849 |
| section, on veterans issues; | 77850 |
| (U) Developing and maintaining a relationship with the United | 77851 |
| States department of veterans affairs, seeking optimal federal | 77852 |
| benefits and services for Ohio veterans and their dependents, and | 77853 |
| encouraging veterans service commissions to maximize the federal | 77854 |
| benefits and services to which veterans and their dependents are | 77855 |
| entitled; | 77856 |
| (V) Developing and maintaining relationships with the several | 77857 |
| veterans organizations, encouraging the organizations in their | 77858 |
| efforts at assisting veterans and their dependents, and advocating | 77859 |
| for adequate state subsidization of the organizations; | 77860 |
| (W) Requiring the several veterans organizations that receive | 77861 |
| funding from the state annually to report to the director of | 77862 |
| veterans services and prescribing the form and content of the | 77863 |
| report; | 77864 |
| (X) Investigating complaints against county veterans services | 77865 |
| commissioners and county veterans service officers if the director | 77866 |
| reasonably believes the investigation to be appropriate and | 77867 |
| necessary; | 77868 |
| (Y) Taking any other actions required by this chapter. | 77869 |
| Sec. 6109.21. (A) Except as provided in divisions | 77870 |
| 77871 | |
|
shall operate | 77872 |
| without a license issued by the director of environmental | 77873 |
|
protection. | 77874 |
| 77875 | |
| 77876 |
| | 77877 |
| 77878 |
| | 77879 |
| 77880 | |
| 77881 |
| | 77882 |
| 77883 | |
| 77884 |
| | 77885 |
| 77886 | |
| 77887 | |
| 77888 | |
| 77889 | |
| 77890 |
| | 77891 |
| 77892 | |
| 77893 | |
| 77894 | |
| 77895 | |
| 77896 | |
| 77897 |
| | 77898 |
| 77899 | |
| 77900 | |
| 77901 | |
| 77902 | |
| system, in addition to complying with section 6109.07 of the | 77903 |
| Revised Code and rules adopted under it, shall obtain an initial | 77904 |
| license from the director. The person shall submit an application | 77905 |
| for the initial license at least forty-five days prior to | 77906 |
| commencing the operation of the system. | 77907 |
| (C) A license shall expire on the thirtieth day of January in | 77908 |
| the year following its issuance. | 77909 |
| (D) A license shall be renewed annually. A person proposing | 77910 |
| to continue operating a public water system shall apply for a | 77911 |
| license renewal at least thirty days prior to the expiration date | 77912 |
| of the license. | 77913 |
| (E) Through June 30, 2014, each application for a license or | 77914 |
| license renewal shall be accompanied by the appropriate fee | 77915 |
| established under division (M) of section 3745.11 of the Revised | 77916 |
|
Code | 77917 |
|
who is proposing to operate | 77918 |
| 77919 | |
| amount of the appropriate fee established under that division for | 77920 |
| the remainder of the licensing year. | 77921 |
| | 77922 |
|
application and the appropriate license fee for | 77923 |
|
license
| 77924 |
| 77925 | |
| 77926 | |
| 77927 | |
| 77928 |
| (1) Issue the license or license renewal for the public water | 77929 |
| system; | 77930 |
| (2) Issue the license or license renewal subject to terms and | 77931 |
| conditions that the director determines are necessary to ensure | 77932 |
| compliance with this chapter and rules adopted under it; | 77933 |
| (3) Deny the license or license renewal if the director finds | 77934 |
|
that the public water system | 77935 |
| substantial compliance with this chapter and rules adopted under | 77936 |
| it. | 77937 |
| | 77938 |
| license or license renewal issued under this section at any time | 77939 |
| if the director finds that the public water system was not or will | 77940 |
| not be operated in substantial compliance with this chapter and | 77941 |
|
rules adopted under it. | 77942 |
| 77943 | |
| 77944 |
| | 77945 |
| Chapter 119. of the Revised Code establishing procedures and | 77946 |
| requirements governing both of the following: | 77947 |
| (1) Information to be included on applications for licenses | 77948 |
| and license renewals issued under this section; | 77949 |
| (2) The issuance, conditioning, suspension, revocation, and | 77950 |
| denial of licenses and license renewals under this section. | 77951 |
| (I)(1) As used in division | 77952 |
| means a fellowship of believers, congregation, society, | 77953 |
| corporation, convention, or association that is formed primarily | 77954 |
| or exclusively for religious purposes and that is not formed or | 77955 |
| operated for the private profit of any person. | 77956 |
| (2) This section does not apply to a church that operates or | 77957 |
| maintains a public water system solely to provide water for that | 77958 |
| church or for a campground that is owned by the church and | 77959 |
| operated primarily or exclusively for members of the church and | 77960 |
|
their families. | 77961 |
| 77962 | |
| 77963 |
| | 77964 |
| school that meets minimum standards of the state board of | 77965 |
| education that operates or maintains a public water system solely | 77966 |
| to provide water for that school. | 77967 |
| | 77968 |
| log filing fees on behalf of the division of soil and water | 77969 |
| resources in the department of natural resources in accordance | 77970 |
| with section 1521.05 of the Revised Code and rules adopted under | 77971 |
| it. The fees shall be submitted to the division quarterly as | 77972 |
| provided in those rules. | 77973 |
| Sec. 6111.46. (A) The environmental protection agency shall | 77974 |
| exercise general supervision of the treatment and disposal of | 77975 |
| sewage and industrial wastes and the operation and maintenance of | 77976 |
| works or means installed for the collection, treatment, and | 77977 |
| disposal of sewage and industrial wastes. Such general supervision | 77978 |
| shall apply to all features of construction, operation, and | 77979 |
| maintenance of the works or means that do or may affect the proper | 77980 |
| treatment and disposal of sewage and industrial wastes. | 77981 |
| (B)(1) The agency shall investigate the works or means | 77982 |
| employed in the collection, treatment, and disposal of sewage and | 77983 |
| industrial wastes whenever considered necessary or whenever | 77984 |
| requested to do so by local health officials and may issue and | 77985 |
| enforce orders and shall adopt rules governing the operation and | 77986 |
| maintenance of the works or means of treatment and disposal of | 77987 |
| such sewage and industrial wastes. In adopting rules under this | 77988 |
| section, the agency shall establish standards governing the | 77989 |
| construction, operation, and maintenance of the works or means of | 77990 |
| collection, treatment, and disposal of sewage that is generated at | 77991 |
| recreational vehicle parks, recreation camps, combined park-camps, | 77992 |
| and temporary park-camps that are separate from such standards | 77993 |
| relative to manufactured home parks. | 77994 |
| (2) As used in division (B)(1) of this section: | 77995 |
| (a) "Manufactured home parks" has the same meaning as in | 77996 |
|
section | 77997 |
| (b) "Recreational vehicle parks," "recreation camps," | 77998 |
| "combined park-camps," and "temporary park-camps" have the same | 77999 |
| meanings as in section 3729.01 of the Revised Code. | 78000 |
| (C) The agency may require the submission of records and data | 78001 |
| of construction, operation, and maintenance, including plans and | 78002 |
| descriptions of existing works or means of treatment and disposal | 78003 |
| of such sewage and industrial wastes. When the agency requires the | 78004 |
| submission of such records or information, the public officials or | 78005 |
| person, firm, or corporation having the works in charge shall | 78006 |
| comply promptly with that order. | 78007 |
| Sec. 6115.20. (A) When it is determined to let the work | 78008 |
| relating to the improvements for which a sanitary district was | 78009 |
|
established by contract, contracts in amounts to exceed | 78010 |
| thousand dollars shall be advertised after notice calling for bids | 78011 |
| has been published once a week for five consecutive weeks | 78012 |
| completed on the date of last publication or as provided in | 78013 |
| section 7.16 of the Revised Code, in a newspaper of general | 78014 |
| circulation within the sanitary district where the work is to be | 78015 |
| done. The board of directors of the sanitary district shall let | 78016 |
| bids as provided in this section or, if applicable, section 9.312 | 78017 |
| of the Revised Code. If the bids are for a contract for the | 78018 |
| construction, demolition, alteration, repair, or reconstruction of | 78019 |
| an improvement, the board of directors of the sanitary district | 78020 |
| shall let the contract to the lowest or best bidder who meets the | 78021 |
| requirements of section 153.54 of the Revised Code. If the bids | 78022 |
| are for a contract for any other work relating to the improvements | 78023 |
| for which a sanitary district was established, the board of | 78024 |
| directors of the sanitary district shall let the contract to the | 78025 |
| lowest or best bidder who gives a good and approved bond, with | 78026 |
| ample security, conditioned on the carrying out of the contract | 78027 |
| and the payment for all labor and material. The contract shall be | 78028 |
| in writing and shall be accompanied by or shall refer to plans and | 78029 |
| specifications for the work to be done prepared by the chief | 78030 |
| engineer. The plans and specifications at all times shall be made | 78031 |
| and considered a part of the contract. The contract shall be | 78032 |
| approved by the board and signed by the president of the board and | 78033 |
| by the contractor and shall be executed in duplicate. In case of | 78034 |
| emergency the advertising of contracts may be waived upon the | 78035 |
| consent of the board with the approval of the court or judge in | 78036 |
| vacation. | 78037 |
| (B) In the case of a sanitary district organized wholly for | 78038 |
| the purpose of providing a water supply for domestic, municipal, | 78039 |
| and public use that includes two municipal corporations in two | 78040 |
| counties, any service to be purchased, including the services of | 78041 |
| an accountant, architect, attorney at law, physician, or | 78042 |
|
professional engineer, at a cost in excess of | 78043 |
| dollars shall be obtained in the manner provided in sections | 78044 |
| 153.65 to 153.73 of the Revised Code. For the purposes of the | 78045 |
| application of those sections to division (B) of this section, all | 78046 |
| of the following apply: | 78047 |
| (1) "Public authority," as used in those sections, shall be | 78048 |
| deemed to mean a sanitary district organized wholly for the | 78049 |
| purpose of providing a water supply for domestic, municipal, and | 78050 |
| public use that includes two municipal corporations in two | 78051 |
| counties; | 78052 |
| (2) "Professional design firm," as used in those sections, | 78053 |
| shall be deemed to mean any person legally engaged in rendering | 78054 |
| professional design services as defined in division (B)(3) of this | 78055 |
| section; | 78056 |
| (3) "Professional design services," as used in those | 78057 |
| sections, shall be deemed to mean accounting, architectural, | 78058 |
| legal, medical, or professional engineering services; | 78059 |
| (4) The use of other terms in those sections shall be adapted | 78060 |
| accordingly, including, without limitation, for the purposes of | 78061 |
| division (D) of section 153.67 of the Revised Code; | 78062 |
| (5) Divisions (A) to (C) of section 153.71 of the Revised | 78063 |
| Code do not apply. | 78064 |
| (C) The board of directors of a district organized wholly for | 78065 |
| the purpose of providing a water supply for domestic, municipal, | 78066 |
| and public use may contract for, purchase, or otherwise procure | 78067 |
| for the benefit of employees of the district and pay all or any | 78068 |
| part of the cost of group insurance policies that may provide | 78069 |
| benefits, including, but not limited to, hospitalization, surgical | 78070 |
| care, major medical care, disability, dental care, vision care, | 78071 |
| medical care, hearing aids, or prescription drugs. Any group | 78072 |
| insurance policy purchased under this division shall be purchased | 78073 |
| from the health care corporation that the board of directors | 78074 |
| determines offers the most cost-effective group insurance policy. | 78075 |
| Section 101.02. That existing sections 7.10, 7.16, 102.02, | 78076 |
| 105.41, 109.57, 109.572, 109.803, 118.023, 118.06, 120.08, 120.53, | 78077 |
| 121.04, 121.08, 121.083, 121.084, 122.07, 121.22, 122.15, 122.151, | 78078 |
| 122.152, 122.153, 122.154, 122.17, 122.171, 122.28, 122.30, | 78079 |
| 122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.85, 123.01, | 78080 |
| 123.011, 123.024, 123.07, 123.08, 123.09, 123.10, 123.101, 123.11, | 78081 |
| 123.13, 123.14, 123.15, 123.152, 123.17, 123.21, 123.46, 123.47, | 78082 |
| 123.48, 123.49, 123.77, 124.04, 124.06, 124.11, 124.12, 124.14, | 78083 |
| 124.231, 124.241, 124.25, 124.26, 124.27, 124.30, 124.31, 125.082, | 78084 |
| 125.14, 126.14, 131.02, 131.44, 140.01, 140.03, 140.05, 140.08, | 78085 |
| 145.01, 145.012, 145.114, 145.116, 149.01, 149.311, 150.01, | 78086 |
| 150.03, 150.05, 150.07, 150.10, 152.18, 152.24, 153.01, 153.011, | 78087 |
| 153.013, 153.02, 153.04, 153.06, 153.07, 153.08, 153.09, 153.11, | 78088 |
| 153.12, 153.14, 153.16, 153.17, 153.502, 153.503, 153.53, 167.04, | 78089 |
| 173.14, 173.21, 173.23, 173.26, 173.27, 173.391, 173.394, 173.40, | 78090 |
| 173.42, 173.45, 173.46, 184.02, 185.01, 185.02, 185.03, 185.05, | 78091 |
| 185.06, 185.07, 185.09, 185.12, 305.171, 306.04, 306.36, 307.05, | 78092 |
| 307.051, 307.055, 309.09, 313.121, 313.122, 313.16, 317.24, | 78093 |
| 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45, | 78094 |
| 329.46, 330.04, 339.091, 340.03, 340.091, 505.37, 505.375, 505.44, | 78095 |
| 505.72, 715.013, 723.52, 723.53, 731.141, 735.05, 737.03, 742.114, | 78096 |
| 742.116, 749.26, 749.28, 749.31, 753.15, 755.29, 755.30, 901.54, | 78097 |
| 955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05, 1315.141, | 78098 |
| 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1345.05, 1501.04, | 78099 |
| 1502.01, 1502.02, 1502.03, 1502.04, 1502.05, 1502.06, 1502.07, | 78100 |
| 1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.01, 1509.06, | 78101 |
| 1509.071, 1509.36, 1541.26, 1551.33, 1555.02, 1555.03, 1555.04, | 78102 |
| 1555.05, 1555.06, 1571.14, 1701.86, 1702.47, 1707.08, 1707.391, | 78103 |
| 1733.47, 1751.01, 1751.02, 1751.13, 1761.26, 1901.18, 1909.11, | 78104 |
| 1923.01, 1923.02, 1923.061, 1923.15, 2151.86, 2152.121, 2152.22, | 78105 |
| 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 2301.24, | 78106 |
| 2301.25, 2301.26, 2301.27, 2301.271, 2301.571, 2305.01, 2305.02, | 78107 |
| 2307.89, 2317.02, 2317.422, 2317.56, 2319.27, 2501.16, 2501.17, | 78108 |
| 2743.01, 2743.02, 2743.09, 2743.10, 2743.48, 2746.01, 2746.03, | 78109 |
| 2746.04, 2903.33, 2907.27, 2907.29, 2909.21, 2909.28, 2927.023, | 78110 |
| 2929.01, 2929.19, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, | 78111 |
| 2945.401, 2953.32, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, | 78112 |
| 2967.191, 2967.193, 2967.26, 2967.28, 2981.11, 2981.14, 3125.41, | 78113 |
| 3301.55, 3304.14, 3304.16, 3304.181, 3304.182, 3307.152, 3307.154, | 78114 |
| 3309.157, 3309.159, 3313.65, 3313.71, 3316.04, 3316.06, 3318.10, | 78115 |
| 3318.30, 3318.31, 3333.04, 3333.041, 3333.123, 3333.21, 3333.31, | 78116 |
| 3333.60, 3333.61, 3333.71, 3333.72, 3345.16, 3345.28, 3345.50, | 78117 |
| 3345.51, 3345.54, 3345.69, 3345.692, 3347.03, 3383.02, 3383.07, | 78118 |
| 3701.021, 3701.023, 3701.024, 3701.025, 3701.03, 3701.05, 3701.07, | 78119 |
| 3701.072, 3701.11, 3701.132, 3701.146, 3701.161, 3701.20, | 78120 |
| 3701.201, 3701.21, 3701.221, 3701.23, 3701.232, 3701.24, 3701.241, | 78121 |
| 3701.242, 3701.248, 3701.341, 3701.342, 3701.343, 3701.344, | 78122 |
| 3701.345, 3701.347, 3701.352, 3701.40, 3701.503, 3701.507, | 78123 |
| 3701.508, 3701.509, 3701.57, 3701.63, 3701.74, 3701.87, 3701.881, | 78124 |
| 3702.141, 3702.31, 3702.51, 3702.52, 3702.522, 3702.523, 3702.524, | 78125 |
| 3702.525, 3702.526, 3702.53, 3702.531, 3702.54, 3702.55, 3702.56, | 78126 |
| 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60, 3702.62, | 78127 |
| 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, | 78128 |
| 3703.10, 3703.21, 3703.99, 3704.035, 3705.24, 3705.30, 3706.19, | 78129 |
| 3709.03, 3709.04, 3709.06, 3709.08, 3709.085, 3709.09, 3709.092, | 78130 |
| 3709.28, 3709.32, 3709.34, 3709.35, 3709.36, 3710.01, 3710.02, | 78131 |
| 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.09, | 78132 |
| 3710.10, 3710.12, 3710.13, 3710.17, 3711.04, 3711.06, 3711.08, | 78133 |
| 3711.12, 3711.21, 3712.03, 3712.04, 3712.09, 3713.01, 3713.02, | 78134 |
| 3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, | 78135 |
| 3713.10, 3714.073, 3715.01, 3715.025, 3715.60, 3715.61, 3715.62, | 78136 |
| 3715.68, 3716.01, 3716.03, 3717.01, 3717.04, 3717.05, 3717.07, | 78137 |
| 3717.45, 3717.51, 3718.02, 3718.021, 3718.022, 3718.05, 3718.06, | 78138 |
| 3718.07, 3718.09, 3721.01, 3721.011, 3721.02, 3721.03, 3721.032, | 78139 |
| 3721.04, 3721.07, 3721.071, 3721.121, 3721.13, 3721.21, 3721.28, | 78140 |
| 3721.29, 3721.50, 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, | 78141 |
| 3727.01, 3727.42, 3729.01, 3729.02, 3729.03, 3729.04, 3729.07, | 78142 |
| 3729.08, 3730.10, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, | 78143 |
| 3733.03, 3733.04, 3733.05, 3733.06, 3733.07, 3733.08, 3733.09, | 78144 |
| 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, | 78145 |
| 3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18, | 78146 |
| 3733.19, 3733.20, 3733.41, 3733.42, 3734.01, 3734.131, 3734.15, | 78147 |
| 3734.51, 3734.55, 3734.79, 3734.82, 3735.37, 3737.83, 3737.841, | 78148 |
| 3742.01, 3742.02, 3742.03, 3742.04, 3742.05, 3742.30, 3742.47, | 78149 |
| 3742.50, 3743.04, 3743.06, 3743.19, 3743.25, 3745.01, 3745.05, | 78150 |
| 3745.11, 3745.112, 3748.04, 3748.05, 3748.07, 3748.10, 3748.12, | 78151 |
| 3748.13, 3748.15, 3748.20, 3749.02, 3749.03, 3749.04, 3752.06, | 78152 |
| 3769.28, 3770.06, 3781.03, 3781.06, 3781.102, 3781.11, 3781.112, | 78153 |
| 3783.05, 3791.02, 3791.04, 3791.05, 3791.07, 3793.04, 3793.09, | 78154 |
| 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10, | 78155 |
| 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, | 78156 |
| 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01, | 78157 |
| 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11, | 78158 |
| 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, | 78159 |
| 4105.21, 4115.10, 4115.101, 4121.123, 4121.30, 4123.20, 4123.41, | 78160 |
| 4163.07, 4169.02, 4169.03, 4169.04, 4171.04, 4301.30, 4301.42, | 78161 |
| 4303.22, 4303.33, 4313.02, 4501.01, 4501.06, 4503.031, 4503.061, | 78162 |
| 4503.062, 4503.49, 4503.81, 4506.01, 4506.03, 4506.22, 4506.25, | 78163 |
| 4507.01, 4507.011, 4507.12, 4507.51, 4511.191, 4511.78, 4513.263, | 78164 |
| 4513.50, 4561.21, 4731.22, 4736.01, 4740.03, 4740.11, 4740.14, | 78165 |
| 4743.05, 4763.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, | 78166 |
| 4765.07, 4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, | 78167 |
| 4765.111, 4765.112, 4765.113, 4765.114, 4765.115, 4765.116, | 78168 |
| 4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, | 78169 |
| 4765.28, 4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, | 78170 |
| 4765.38, 4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, | 78171 |
| 4765.56, 4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, | 78172 |
| 4766.09, 4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, | 78173 |
| 4773.08, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, | 78174 |
| 4781.15, 4781.99, 4905.01, 4905.02, 4905.03, 4905.05, 4905.06, | 78175 |
| 4905.402, 4905.54, 4905.57, 4905.58, 4905.84, 4905.90, 4907.01, | 78176 |
| 4907.02, 4907.04, 4907.08, 4907.19, 4907.28, 4907.35, 4907.37, | 78177 |
| 4907.43, 4907.49, 4907.57, 4907.59, 4907.60, 4907.61, 4907.62, | 78178 |
| 4909.01, 4909.02, 4909.03, 4909.17, 4909.22, 4909.24, 4909.28, | 78179 |
| 4911.01, 4927.01, 4928.23, 4928.2314, 4929.01, 4929.02, 4933.18, | 78180 |
| 4933.19, 4939.01, 4953.04, 4961.03, 4965.54, 5101.01, 5101.46, | 78181 |
| 5101.60, 5101.61, 5104.012, 5104.013, 5104.051, 5104.09, 5104.37, | 78182 |
| 5107.05, 5111.031, 5111.032, 5111.033, 5111.034, 5111.06, | 78183 |
| 5111.091, 5111.113, 5111.171, 5111.20, 5111.222, 5111.23, | 78184 |
| 5111.242, 5111.254, 5111.862, 5111.874, 5111.877, 5111.878, | 78185 |
| 5111.894, 5111.941, 5111.97, 5112.31, 5112.33, 5112.341, 5112.37, | 78186 |
| 5112.371, 5112.39, 5119.22, 5119.61, 5119.69, 5119.691, 5119.692, | 78187 |
| 5119.99, 5120.036, 5120.105, 5120.132, 5120.66, 5122.31, 5123.01, | 78188 |
| 5123.033, 5123.042, 5123.044, 5123.0412, 5123.0414, 5123.0415, | 78189 |
| 5123.081, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164, | 78190 |
| 5123.166, 5123.169, 5123.171, 5123.19, 5123.31, 5123.38, 5123.41, | 78191 |
| 5123.50, 5123.51, 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220, | 78192 |
| 5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, 5126.15, | 78193 |
| 5126.20, 5126.21, 5126.22, 5126.25, 5126.251, 5126.51, 5139.41, | 78194 |
| 5139.43, 5149.311, 5501.03, 5501.04, 5501.07, 5501.51, 5502.01, | 78195 |
| 5502.011, 5503.02, 5503.04, 5503.21, 5503.22, 5503.23, 5503.34, | 78196 |
| 5505.068, 5505.0610, 5701.13, 5703.052, 5703.053, 5703.21, | 78197 |
| 5703.261, 5703.37, 5703.47, 5703.70, 5705.27, 5705.32, 5705.392, | 78198 |
| 5707.03, 5709.12, 5709.212, 5709.76, 5711.22, 5713.051, 5717.01, | 78199 |
| 5717.011, 5717.02, 5725.02, 5725.14, 5725.16, 5725.26, 5725.33, | 78200 |
| 5727.01, 5727.111, 5727.84, 5727.86, 5731.39, 5733.01, 5733.02, | 78201 |
| 5733.021, 5733.06, 5733.064, 5733.26, 5735.02, 5735.03, 5735.35, | 78202 |
| 5739.01, 5739.02, 5739.021, 5739.023, 5739.026, 5739.04, 5739.17, | 78203 |
| 5741.08, 5743.031, 5743.20, 5743.61, 5743.66, 5747.01, 5747.02, | 78204 |
| 5747.082, 5747.11, 5747.98, 5749.01, 5749.02, 5751.01, 5751.011, | 78205 |
| 5751.012, 5751.03, 5751.033, 5751.04, 5751.05, 5751.051, 5751.08, | 78206 |
| 5751.12, 5751.20, 5751.22, 5751.98, 5753.03, 5902.02, 6109.21, | 78207 |
| 6111.46, and 6115.20 of the Revised Code are hereby repealed. | 78208 |
| Section 105.011. That sections 109.802, 122.29, 131.44, | 78209 |
| 185.04, 185.08, 185.10, 185.11, 340.05, 2301.19, 2909.32, 2909.33, | 78210 |
| 2909.34, 3333.049, 3333.0411, 3333.33, 3333.70, 3333.80, 3334.111, | 78211 |
| 3354.23, 3701.02, 3701.032, 3701.12, 3701.33, 3701.34, 3701.35, | 78212 |
| 3702.521, 3702.5210, 3702.5211, 3702.5212, 3702.5213, 3702.58, | 78213 |
| 3702.591, 3709.081, 3733.01, 3733.031, 3745.111, 3781.183, | 78214 |
| 3791.043, 4113.11, 4121.18, 4766.02, 4766.20, 4905.80, 4905.801, | 78215 |
| 4905.81, 4905.82, 4905.83, 4919.75, 4919.76, 4919.77, 4919.78, | 78216 |
| 4919.79, 4919.99, 4921.01, 4921.02, 4921.03, 4921.04, 4921.05, | 78217 |
| 4921.06, 4921.07, 4921.08, 4921.09, 4921.10, 4921.101, 4921.11, | 78218 |
| 4921.12, 4921.13, 4921.14, 4921.15, 4921.16, 4921.17, 4921.18, | 78219 |
| 4921.19, 4921.20, 4921.23, 4921.24, 4921.25, 4921.26, 4921.27, | 78220 |
| 4921.28, 4921.30, 4921.31, 4921.32, 4921.35, 4921.36, 4921.37, | 78221 |
| 4921.38, 4921.39, 4921.40, 4921.99, 4923.01, 4923.02, 4923.03, | 78222 |
| 4923.04, 4923.05, 4923.06, 4923.07, 4923.08, 4923.09, 4923.10, | 78223 |
| 4923.11, 4923.12, 4923.13, 4923.14, 4923.17, 4923.20, 4923.26, | 78224 |
| 4923.99, 5101.97, 5111.651, 5119.614, 5119.70, 5119.701, 5119.71, | 78225 |
| 5119.711, 5119.712, 5119.72, 5119.73, 5119.731, 5119.74, 5119.75, | 78226 |
| 5119.76, 5119.77, 5119.78, 5119.79, 5119.80, 5119.81, 5119.82, | 78227 |
| 5119.83, 5119.84, 5119.85, 5119.86, 5119.87, 5119.88, 5123.082, | 78228 |
| 5123.083, 5123.192, 5126.0222, 5126.252, 5126.26, 5126.27, | 78229 |
| 5126.28, 5126.281, 5126.29, 5501.09, and 5751.032 of the Revised | 78230 |
| Code are hereby repealed. | 78231 |
| Section 105.10. That the version of section 131.44 of the | 78232 |
| Revised Code scheduled to take effect June 1, 2013, is hereby | 78233 |
| repealed. | 78234 |
| It is the intent of this section to prevent the amendment of | 78235 |
| section 131.44 of the Revised Code that was to have taken effect | 78236 |
| June 1, 2013, from taking effect. The combined effect of this | 78237 |
| action and complementary amendment made to existing section 131.44 | 78238 |
| of the Revised Code by Section 101.01 of this act is not | 78239 |
| substantive. | 78240 |
| Section 110.10. That the version of section 5122.31 of the | 78241 |
| Revised Code that is scheduled to take effect on October 1, 2012, | 78242 |
| be amended to read as follows: | 78243 |
| Sec. 5122.31. (A) All certificates, applications, records, | 78244 |
| and reports made for the purpose of this chapter and sections | 78245 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 78246 |
| Code, other than court journal entries or court docket entries, | 78247 |
| and directly or indirectly identifying a patient or former patient | 78248 |
| or person whose hospitalization has been sought under this | 78249 |
| chapter, shall be kept confidential and shall not be disclosed by | 78250 |
| any person except: | 78251 |
| (1) If the person identified, or the person's legal guardian, | 78252 |
| if any, or if the person is a minor, the person's parent or legal | 78253 |
| guardian, consents, and if the disclosure is in the best interests | 78254 |
| of the person, as may be determined by the court for judicial | 78255 |
| records and by the chief clinical officer for medical records; | 78256 |
| (2) When disclosure is provided for in this chapter or | 78257 |
| section 5123.601 of the Revised Code; | 78258 |
| (3) That hospitals, boards of alcohol, drug addiction, and | 78259 |
| mental health services, and community mental health agencies may | 78260 |
| release necessary medical information to insurers and other | 78261 |
| third-party payers, including government entities responsible for | 78262 |
| processing and authorizing payment, to obtain payment for goods | 78263 |
| and services furnished to the patient; | 78264 |
| (4) Pursuant to a court order signed by a judge; | 78265 |
| (5) That a patient shall be granted access to the patient's | 78266 |
| own psychiatric and medical records, unless access specifically is | 78267 |
| restricted in a patient's treatment plan for clear treatment | 78268 |
| reasons; | 78269 |
| (6) That hospitals and other institutions and facilities | 78270 |
| within the department of mental health may exchange psychiatric | 78271 |
| records and other pertinent information with other hospitals, | 78272 |
| institutions, and facilities of the department, and with community | 78273 |
| mental health agencies and boards of alcohol, drug addiction, and | 78274 |
| mental health services with which the department has a current | 78275 |
| agreement for patient care or services. Records and information | 78276 |
| that may be released pursuant to this division shall be limited to | 78277 |
| medication history, physical health status and history, financial | 78278 |
| status, summary of course of treatment in the hospital, summary of | 78279 |
| treatment needs, and a discharge summary, if any. | 78280 |
| (7) That hospitals within the department, other institutions | 78281 |
| and facilities within the department, hospitals licensed by the | 78282 |
| department under section 5119.20 of the Revised Code, and | 78283 |
| community mental health agencies may exchange psychiatric records | 78284 |
| and other pertinent information with payers and other providers of | 78285 |
| treatment and health services if the purpose of the exchange is to | 78286 |
| facilitate continuity of care for a patient; | 78287 |
| (8) That a patient's family member who is involved in the | 78288 |
| provision, planning, and monitoring of services to the patient may | 78289 |
| receive medication information, a summary of the patient's | 78290 |
| diagnosis and prognosis, and a list of the services and personnel | 78291 |
| available to assist the patient and the patient's family, if the | 78292 |
| patient's treating physician determines that the disclosure would | 78293 |
| be in the best interests of the patient. No such disclosure shall | 78294 |
| be made unless the patient is notified first and receives the | 78295 |
| information and does not object to the disclosure. | 78296 |
| (9) That community mental health agencies may exchange | 78297 |
| psychiatric records and certain other information with the board | 78298 |
| of alcohol, drug addiction, and mental health services and other | 78299 |
| agencies in order to provide services to a person involuntarily | 78300 |
| committed to a board. Release of records under this division shall | 78301 |
| be limited to medication history, physical health status and | 78302 |
| history, financial status, summary of course of treatment, summary | 78303 |
| of treatment needs, and discharge summary, if any. | 78304 |
| (10) That information may be disclosed to the executor or the | 78305 |
| administrator of an estate of a deceased patient when the | 78306 |
| information is necessary to administer the estate; | 78307 |
| (11) That records in the possession of the Ohio historical | 78308 |
| society may be released to the closest living relative of a | 78309 |
| deceased patient upon request of that relative; | 78310 |
| (12) That information may be disclosed to staff members of | 78311 |
| the appropriate board or to staff members designated by the | 78312 |
| director of mental health for the purpose of evaluating the | 78313 |
| quality, effectiveness, and efficiency of services and determining | 78314 |
| if the services meet minimum standards. Information obtained | 78315 |
| during such evaluations shall not be retained with the name of any | 78316 |
| patient. | 78317 |
| (13) That records pertaining to the patient's diagnosis, | 78318 |
| course of treatment, treatment needs, and prognosis shall be | 78319 |
| disclosed and released to the appropriate prosecuting attorney if | 78320 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 78321 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 78322 |
| attorney designated by the board for proceedings pursuant to | 78323 |
| involuntary commitment under this chapter. | 78324 |
| (14) That the department of mental health may exchange | 78325 |
| psychiatric hospitalization records, other mental health treatment | 78326 |
| records, and other pertinent information with the department of | 78327 |
| rehabilitation and correction to ensure continuity of care for | 78328 |
| inmates who are receiving mental health services in an institution | 78329 |
| of the department of rehabilitation and correction. The department | 78330 |
| shall not disclose those records unless the inmate is notified, | 78331 |
| receives the information, and does not object to the disclosure. | 78332 |
| The release of records under this division is limited to records | 78333 |
| regarding an inmate's medication history, physical health status | 78334 |
| and history, summary of course of treatment, summary of treatment | 78335 |
| needs, and a discharge summary, if any. | 78336 |
| (15) That a community mental health agency that ceases to | 78337 |
| operate may transfer to either a community mental health agency | 78338 |
| that assumes its caseload or to the board of alcohol, drug | 78339 |
| addiction, and mental health services of the service district in | 78340 |
| which the patient resided at the time services were most recently | 78341 |
| provided any treatment records that have not been transferred | 78342 |
| elsewhere at the patient's request. | 78343 |
| (B) Before records are disclosed pursuant to divisions | 78344 |
|
(A)(3), (6), | 78345 |
| records shall attempt to obtain the patient's consent for the | 78346 |
| disclosure. No person shall reveal the contents of a medical | 78347 |
| record of a patient except as authorized by law. | 78348 |
| (C) The managing officer of a hospital who releases necessary | 78349 |
| medical information under division (A)(3) of this section to allow | 78350 |
| an insurance carrier or other third party payor to comply with | 78351 |
| section 5121.43 of the Revised Code shall neither be subject to | 78352 |
| criminal nor civil liability. | 78353 |
| Section 110.11. That the existing version of section 5122.31 | 78354 |
| of the Revised Code that is scheduled to take effect on October 1, | 78355 |
| 2012, is hereby repealed. | 78356 |
| Section 110.12. Sections 110.10 and 110.11 of this act take | 78357 |
| effect October 1, 2012. | 78358 |
| Section 110.20. That the version of section 5123.19 of the | 78359 |
| Revised Code that is scheduled to take effect on October 1, 2012, | 78360 |
| be amended to read as follows: | 78361 |
| Sec. 5123.19. (A) As used in | 78362 |
| 78363 | |
| 5123.20 of the Revised Code: | 78364 |
| (1) | 78365 |
| 78366 | |
| 78367 | |
| 78368 | |
| 78369 | |
| 78370 | |
| 78371 | |
| 78372 | |
| 78373 | |
| 78374 |
| | 78375 |
| 78376 | |
| 78377 | |
| 78378 |
| | 78379 |
| 78380 |
| | 78381 |
| which a mentally retarded or developmentally disabled person | 78382 |
| resides in an individualized setting chosen by the person or the | 78383 |
| person's guardian, which is not dedicated principally to the | 78384 |
| provision of residential services for mentally retarded or | 78385 |
| developmentally disabled persons, and for which no financial | 78386 |
| support is received for rendering such service from any | 78387 |
| governmental agency by a provider of residential services. | 78388 |
| | 78389 |
| has the same meaning as in section 1905(d) of the "Social Security | 78390 |
| Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended. | 78391 |
| (3) "Licensee" means the person or government agency that has | 78392 |
| applied for a license to operate a residential facility and to | 78393 |
| which the license was issued under this section. | 78394 |
| (4) "Political subdivision" means a municipal corporation, | 78395 |
| county, or township. | 78396 |
| (5) "Related party" has the same meaning as in section | 78397 |
| 5123.16 of the Revised Code except that "provider" as used in the | 78398 |
| definition of "related party" means a person or government entity | 78399 |
| that held or applied for a license to operate a residential | 78400 |
| facility, rather than a person or government entity certified to | 78401 |
| provide supported living. | 78402 |
| (6)(a) Except as provided in division (A)(6)(b) of this | 78403 |
| section, "residential facility" means a home or facility, | 78404 |
| including a facility certified as an intermediate care facility | 78405 |
| for the mentally retarded, in which an individual with mental | 78406 |
| retardation or a developmental disability resides. | 78407 |
| (b) "Residential facility" does not mean any of the | 78408 |
| following: | 78409 |
| (i) The home of a relative or legal guardian in which an | 78410 |
| individual with mental retardation or a developmental disability | 78411 |
| resides; | 78412 |
| (ii) A respite care home certified under section 5126.05 of | 78413 |
| the Revised Code; | 78414 |
| (iii) A county home or district home operated pursuant to | 78415 |
| Chapter 5155. of the Revised Code; | 78416 |
| (iv) A dwelling in which the only residents with mental | 78417 |
| retardation or developmental disabilities are in independent | 78418 |
| living arrangements or are being provided supported living. | 78419 |
| (B) Every person or government agency desiring to operate a | 78420 |
| residential facility shall apply for licensure of the facility to | 78421 |
| the director of developmental disabilities unless the residential | 78422 |
|
facility is subject to section 3721.02, | 78423 |
| 5119.20, or division (A)(9)(b) of section 5119.22 of the Revised | 78424 |
|
Code. | 78425 |
| 78426 | |
| 78427 | |
| 78428 | |
| 78429 | |
| 78430 |
| (C) Subject to section 5123.196 of the Revised Code, the | 78431 |
| director of developmental disabilities shall license the operation | 78432 |
| of residential facilities. An initial license shall be issued for | 78433 |
| a period that does not exceed one year, unless the director denies | 78434 |
| the license under division (D) of this section. A license shall be | 78435 |
| renewed for a period that does not exceed three years, unless the | 78436 |
| director refuses to renew the license under division (D) of this | 78437 |
| section. The director, when issuing or renewing a license, shall | 78438 |
| specify the period for which the license is being issued or | 78439 |
| renewed. A license remains valid for the length of the licensing | 78440 |
| period specified by the director, unless the license is | 78441 |
| terminated, revoked, or voluntarily surrendered. | 78442 |
| (D) If it is determined that an applicant or licensee is not | 78443 |
| in compliance with a provision of this chapter that applies to | 78444 |
| residential facilities or the rules adopted under such a | 78445 |
| provision, the director may deny issuance of a license, refuse to | 78446 |
| renew a license, terminate a license, revoke a license, issue an | 78447 |
| order for the suspension of admissions to a facility, issue an | 78448 |
| order for the placement of a monitor at a facility, issue an order | 78449 |
| for the immediate removal of residents, or take any other action | 78450 |
| the director considers necessary consistent with the director's | 78451 |
| authority under this chapter regarding residential facilities. In | 78452 |
| the director's selection and administration of the sanction to be | 78453 |
| imposed, all of the following apply: | 78454 |
| (1) The director may deny, refuse to renew, or revoke a | 78455 |
| license, if the director determines that the applicant or licensee | 78456 |
| has demonstrated a pattern of serious noncompliance or that a | 78457 |
| violation creates a substantial risk to the health and safety of | 78458 |
| residents of a residential facility. | 78459 |
| (2) The director may terminate a license if more than twelve | 78460 |
| consecutive months have elapsed since the residential facility was | 78461 |
| last occupied by a resident or a notice required by division (K) | 78462 |
| of this section is not given. | 78463 |
| (3) The director may issue an order for the suspension of | 78464 |
| admissions to a facility for any violation that may result in | 78465 |
| sanctions under division (D)(1) of this section and for any other | 78466 |
| violation specified in rules adopted under division (H)(2) of this | 78467 |
| section. If the suspension of admissions is imposed for a | 78468 |
| violation that may result in sanctions under division (D)(1) of | 78469 |
| this section, the director may impose the suspension before | 78470 |
| providing an opportunity for an adjudication under Chapter 119. of | 78471 |
| the Revised Code. The director shall lift an order for the | 78472 |
| suspension of admissions when the director determines that the | 78473 |
| violation that formed the basis for the order has been corrected. | 78474 |
| (4) The director may order the placement of a monitor at a | 78475 |
| residential facility for any violation specified in rules adopted | 78476 |
| under division (H)(2) of this section. The director shall lift the | 78477 |
| order when the director determines that the violation that formed | 78478 |
| the basis for the order has been corrected. | 78479 |
| (5) If the director determines that two or more residential | 78480 |
| facilities owned or operated by the same person or government | 78481 |
| entity are not being operated in compliance with a provision of | 78482 |
| this chapter that applies to residential facilities or the rules | 78483 |
| adopted under such a provision, and the director's findings are | 78484 |
| based on the same or a substantially similar action, practice, | 78485 |
| circumstance, or incident that creates a substantial risk to the | 78486 |
| health and safety of the residents, the director shall conduct a | 78487 |
| survey as soon as practicable at each residential facility owned | 78488 |
| or operated by that person or government entity. The director may | 78489 |
| take any action authorized by this section with respect to any | 78490 |
| facility found to be operating in violation of a provision of this | 78491 |
| chapter that applies to residential facilities or the rules | 78492 |
| adopted under such a provision. | 78493 |
| (6) When the director initiates license revocation | 78494 |
| proceedings, no opportunity for submitting a plan of correction | 78495 |
| shall be given. The director shall notify the licensee by letter | 78496 |
| of the initiation of the proceedings. The letter shall list the | 78497 |
| deficiencies of the residential facility and inform the licensee | 78498 |
| that no plan of correction will be accepted. The director shall | 78499 |
| also send a copy of the letter to the county board of | 78500 |
| developmental disabilities. The county board shall send a copy of | 78501 |
| the letter to each of the following: | 78502 |
| (a) Each resident who receives services from the licensee; | 78503 |
| (b) The guardian of each resident who receives services from | 78504 |
| the licensee if the resident has a guardian; | 78505 |
| (c) The parent or guardian of each resident who receives | 78506 |
| services from the licensee if the resident is a minor. | 78507 |
| (7) Pursuant to rules which shall be adopted in accordance | 78508 |
| with Chapter 119. of the Revised Code, the director may order the | 78509 |
| immediate removal of residents from a residential facility | 78510 |
| whenever conditions at the facility present an immediate danger of | 78511 |
| physical or psychological harm to the residents. | 78512 |
| (8) In determining whether a residential facility is being | 78513 |
| operated in compliance with a provision of this chapter that | 78514 |
| applies to residential facilities or the rules adopted under such | 78515 |
| a provision, or whether conditions at a residential facility | 78516 |
| present an immediate danger of physical or psychological harm to | 78517 |
| the residents, the director may rely on information obtained by a | 78518 |
| county board of developmental disabilities or other governmental | 78519 |
| agencies. | 78520 |
| (9) In proceedings initiated to deny, refuse to renew, or | 78521 |
| revoke licenses, the director may deny, refuse to renew, or revoke | 78522 |
| a license regardless of whether some or all of the deficiencies | 78523 |
| that prompted the proceedings have been corrected at the time of | 78524 |
| the hearing. | 78525 |
| (E) The director shall establish a program under which public | 78526 |
| notification may be made when the director has initiated license | 78527 |
| revocation proceedings or has issued an order for the suspension | 78528 |
| of admissions, placement of a monitor, or removal of residents. | 78529 |
| The director shall adopt rules in accordance with Chapter 119. of | 78530 |
| the Revised Code to implement this division. The rules shall | 78531 |
| establish the procedures by which the public notification will be | 78532 |
| made and specify the circumstances for which the notification must | 78533 |
| be made. The rules shall require that public notification be made | 78534 |
| if the director has taken action against the facility in the | 78535 |
| eighteen-month period immediately preceding the director's latest | 78536 |
| action against the facility and the latest action is being taken | 78537 |
| for the same or a substantially similar violation of a provision | 78538 |
| of this chapter that applies to residential facilities or the | 78539 |
| rules adopted under such a provision. The rules shall specify a | 78540 |
| method for removing or amending the public notification if the | 78541 |
| director's action is found to have been unjustified or the | 78542 |
| violation at the residential facility has been corrected. | 78543 |
| (F)(1) Except as provided in division (F)(2) of this section, | 78544 |
| appeals from proceedings initiated to impose a sanction under | 78545 |
| division (D) of this section shall be conducted in accordance with | 78546 |
| Chapter 119. of the Revised Code. | 78547 |
| (2) Appeals from proceedings initiated to order the | 78548 |
| suspension of admissions to a facility shall be conducted in | 78549 |
| accordance with Chapter 119. of the Revised Code, unless the order | 78550 |
| was issued before providing an opportunity for an adjudication, in | 78551 |
| which case all of the following apply: | 78552 |
| (a) The licensee may request a hearing not later than ten | 78553 |
| days after receiving the notice specified in section 119.07 of the | 78554 |
| Revised Code. | 78555 |
| (b) If a timely request for a hearing that includes the | 78556 |
| licensee's current address is made, the hearing shall commence not | 78557 |
| later than thirty days after the department receives the request. | 78558 |
| (c) After commencing, the hearing shall continue | 78559 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 78560 |
| unless other interruptions are agreed to by the licensee and the | 78561 |
| director. | 78562 |
| (d) If the hearing is conducted by a hearing examiner, the | 78563 |
| hearing examiner shall file a report and recommendations not later | 78564 |
| than ten days after the last of the following: | 78565 |
| (i) The close of the hearing; | 78566 |
| (ii) If a transcript of the proceedings is ordered, the | 78567 |
| hearing examiner receives the transcript; | 78568 |
| (iii) If post-hearing briefs are timely filed, the hearing | 78569 |
| examiner receives the briefs. | 78570 |
| (e) A copy of the written report and recommendation of the | 78571 |
| hearing examiner shall be sent, by certified mail, to the licensee | 78572 |
| and the licensee's attorney, if applicable, not later than five | 78573 |
| days after the report is filed. | 78574 |
| (f) Not later than five days after the hearing examiner files | 78575 |
| the report and recommendations, the licensee may file objections | 78576 |
| to the report and recommendations. | 78577 |
| (g) Not later than fifteen days after the hearing examiner | 78578 |
| files the report and recommendations, the director shall issue an | 78579 |
| order approving, modifying, or disapproving the report and | 78580 |
| recommendations. | 78581 |
| (h) Notwithstanding the pendency of the hearing, the director | 78582 |
| shall lift the order for the suspension of admissions when the | 78583 |
| director determines that the violation that formed the basis for | 78584 |
| the order has been corrected. | 78585 |
| (G) Neither a person or government agency whose application | 78586 |
| for a license to operate a residential facility is denied nor a | 78587 |
| related party of the person or government agency may apply for a | 78588 |
| license to operate a residential facility before the date that is | 78589 |
| one year after the date of the denial. Neither a licensee whose | 78590 |
| residential facility license is revoked nor a related party of the | 78591 |
| licensee may apply for a residential facility license before the | 78592 |
| date that is five years after the date of the revocation. | 78593 |
| (H) In accordance with Chapter 119. of the Revised Code, the | 78594 |
| director shall adopt and may amend and rescind rules for licensing | 78595 |
|
and regulating the operation of residential facilities | 78596 |
| 78597 | |
| for residential facilities that are intermediate care facilities | 78598 |
| for the mentally retarded may differ from those for other | 78599 |
| residential facilities. The rules shall establish and specify the | 78600 |
| following: | 78601 |
| (1) Procedures and criteria for issuing and renewing | 78602 |
| licenses, including procedures and criteria for determining the | 78603 |
| length of the licensing period that the director must specify for | 78604 |
| each license when it is issued or renewed; | 78605 |
| (2) Procedures and criteria for denying, refusing to renew, | 78606 |
| terminating, and revoking licenses and for ordering the suspension | 78607 |
| of admissions to a facility, placement of a monitor at a facility, | 78608 |
| and the immediate removal of residents from a facility; | 78609 |
| (3) Fees for issuing and renewing licenses, which shall be | 78610 |
| deposited into the program fee fund created under section 5123.033 | 78611 |
| of the Revised Code; | 78612 |
| (4) Procedures for surveying residential facilities; | 78613 |
| (5) Requirements for the training of residential facility | 78614 |
| personnel; | 78615 |
| (6) Classifications for the various types of residential | 78616 |
| facilities; | 78617 |
| (7) Certification procedures for licensees and management | 78618 |
| contractors that the director determines are necessary to ensure | 78619 |
| that they have the skills and qualifications to properly operate | 78620 |
| or manage residential facilities; | 78621 |
| (8) The maximum number of persons who may be served in a | 78622 |
| particular type of residential facility; | 78623 |
| (9) Uniform procedures for admission of persons to and | 78624 |
| transfers and discharges of persons from residential facilities; | 78625 |
| (10) Other standards for the operation of residential | 78626 |
| facilities and the services provided at residential facilities; | 78627 |
| (11) Procedures for waiving any provision of any rule adopted | 78628 |
| under this section. | 78629 |
| (I) Before issuing a license, the director of the department | 78630 |
| or the director's designee shall conduct a survey of the | 78631 |
| residential facility for which application is made. The director | 78632 |
| or the director's designee shall conduct a survey of each licensed | 78633 |
| residential facility at least once during the period the license | 78634 |
| is valid and may conduct additional inspections as needed. A | 78635 |
| survey includes but is not limited to an on-site examination and | 78636 |
| evaluation of the residential facility, its personnel, and the | 78637 |
| services provided there. | 78638 |
| In conducting surveys, the director or the director's | 78639 |
| designee shall be given access to the residential facility; all | 78640 |
| records, accounts, and any other documents related to the | 78641 |
| operation of the facility; the licensee; the residents of the | 78642 |
| facility; and all persons acting on behalf of, under the control | 78643 |
| of, or in connection with the licensee. The licensee and all | 78644 |
| persons on behalf of, under the control of, or in connection with | 78645 |
| the licensee shall cooperate with the director or the director's | 78646 |
| designee in conducting the survey. | 78647 |
| Following each survey, unless the director initiates a | 78648 |
| license revocation proceeding, the director or the director's | 78649 |
| designee shall provide the licensee with a report listing any | 78650 |
| deficiencies, specifying a timetable within which the licensee | 78651 |
| shall submit a plan of correction describing how the deficiencies | 78652 |
| will be corrected, and, when appropriate, specifying a timetable | 78653 |
| within which the licensee must correct the deficiencies. After a | 78654 |
| plan of correction is submitted, the director or the director's | 78655 |
| designee shall approve or disapprove the plan. A copy of the | 78656 |
| report and any approved plan of correction shall be provided to | 78657 |
| any person who requests it. | 78658 |
| The director shall initiate disciplinary action against any | 78659 |
| department employee who notifies or causes the notification to any | 78660 |
| unauthorized person of an unannounced survey of a residential | 78661 |
| facility by an authorized representative of the department. | 78662 |
| (J) In addition to any other information which may be | 78663 |
| required of applicants for a license pursuant to this section, the | 78664 |
| director shall require each applicant to provide a copy of an | 78665 |
| approved plan for a proposed residential facility pursuant to | 78666 |
| section 5123.042 of the Revised Code. This division does not apply | 78667 |
| to renewal of a license or to an applicant for an initial or | 78668 |
|
modified license who meets the requirements of section | 78669 |
| 5123.197 of the Revised Code. | 78670 |
| (K) A licensee shall notify the owner of the building in | 78671 |
| which the licensee's residential facility is located of any | 78672 |
| significant change in the identity of the licensee or management | 78673 |
| contractor before the effective date of the change if the licensee | 78674 |
| is not the owner of the building. | 78675 |
| Pursuant to rules which shall be adopted in accordance with | 78676 |
| Chapter 119. of the Revised Code, the director may require | 78677 |
| notification to the department of any significant change in the | 78678 |
| ownership of a residential facility or in the identity of the | 78679 |
| licensee or management contractor. If the director determines that | 78680 |
| a significant change of ownership is proposed, the director shall | 78681 |
| consider the proposed change to be an application for development | 78682 |
| by a new operator pursuant to section 5123.042 of the Revised Code | 78683 |
| and shall advise the applicant within sixty days of the | 78684 |
| notification that the current license shall continue in effect or | 78685 |
| a new license will be required pursuant to this section. If the | 78686 |
| director requires a new license, the director shall permit the | 78687 |
| facility to continue to operate under the current license until | 78688 |
| the new license is issued, unless the current license is revoked, | 78689 |
| refused to be renewed, or terminated in accordance with Chapter | 78690 |
| 119. of the Revised Code. | 78691 |
| (L) A county board of developmental disabilities and any | 78692 |
| interested person may file complaints alleging violations of | 78693 |
| statute or department rule relating to residential facilities with | 78694 |
| the department. All complaints shall be in writing and shall state | 78695 |
| the facts constituting the basis of the allegation. The department | 78696 |
| shall not reveal the source of any complaint unless the | 78697 |
| complainant agrees in writing to waive the right to | 78698 |
| confidentiality or until so ordered by a court of competent | 78699 |
| jurisdiction. | 78700 |
| The department shall adopt rules in accordance with Chapter | 78701 |
| 119. of the Revised Code establishing procedures for the receipt, | 78702 |
| referral, investigation, and disposition of complaints filed with | 78703 |
| the department under this division. | 78704 |
| (M) The department shall establish procedures for the | 78705 |
| notification of interested parties of the transfer or interim care | 78706 |
| of residents from residential facilities that are closing or are | 78707 |
| losing their license. | 78708 |
| (N) Before issuing a license under this section to a | 78709 |
| residential facility that will accommodate at any time more than | 78710 |
| one mentally retarded or developmentally disabled individual, the | 78711 |
| director shall, by first class mail, notify the following: | 78712 |
| (1) If the facility will be located in a municipal | 78713 |
| corporation, the clerk of the legislative authority of the | 78714 |
| municipal corporation; | 78715 |
| (2) If the facility will be located in unincorporated | 78716 |
| territory, the clerk of the appropriate board of county | 78717 |
| commissioners and the fiscal officer of the appropriate board of | 78718 |
| township trustees. | 78719 |
| The director shall not issue the license for ten days after | 78720 |
| mailing the notice, excluding Saturdays, Sundays, and legal | 78721 |
| holidays, in order to give the notified local officials time in | 78722 |
| which to comment on the proposed issuance. | 78723 |
| Any legislative authority of a municipal corporation, board | 78724 |
| of county commissioners, or board of township trustees that | 78725 |
| receives notice under this division of the proposed issuance of a | 78726 |
| license for a residential facility may comment on it in writing to | 78727 |
| the director within ten days after the director mailed the notice, | 78728 |
| excluding Saturdays, Sundays, and legal holidays. If the director | 78729 |
| receives written comments from any notified officials within the | 78730 |
| specified time, the director shall make written findings | 78731 |
| concerning the comments and the director's decision on the | 78732 |
| issuance of the license. If the director does not receive written | 78733 |
| comments from any notified local officials within the specified | 78734 |
| time, the director shall continue the process for issuance of the | 78735 |
| license. | 78736 |
| (O) Any person may operate a licensed residential facility | 78737 |
| that provides room and board, personal care, habilitation | 78738 |
| services, and supervision in a family setting for at least six but | 78739 |
| not more than eight persons with mental retardation or a | 78740 |
| developmental disability as a permitted use in any residential | 78741 |
| district or zone, including any single-family residential district | 78742 |
| or zone, of any political subdivision. These residential | 78743 |
| facilities may be required to comply with area, height, yard, and | 78744 |
| architectural compatibility requirements that are uniformly | 78745 |
| imposed upon all single-family residences within the district or | 78746 |
| zone. | 78747 |
| (P) Any person may operate a licensed residential facility | 78748 |
| that provides room and board, personal care, habilitation | 78749 |
| services, and supervision in a family setting for at least nine | 78750 |
| but not more than sixteen persons with mental retardation or a | 78751 |
| developmental disability as a permitted use in any multiple-family | 78752 |
| residential district or zone of any political subdivision, except | 78753 |
| that a political subdivision that has enacted a zoning ordinance | 78754 |
| or resolution establishing planned unit development districts may | 78755 |
| exclude these residential facilities from those districts, and a | 78756 |
| political subdivision that has enacted a zoning ordinance or | 78757 |
| resolution may regulate these residential facilities in | 78758 |
| multiple-family residential districts or zones as a conditionally | 78759 |
| permitted use or special exception, in either case, under | 78760 |
| reasonable and specific standards and conditions set out in the | 78761 |
| zoning ordinance or resolution to: | 78762 |
| (1) Require the architectural design and site layout of the | 78763 |
| residential facility and the location, nature, and height of any | 78764 |
| walls, screens, and fences to be compatible with adjoining land | 78765 |
| uses and the residential character of the neighborhood; | 78766 |
| (2) Require compliance with yard, parking, and sign | 78767 |
| regulation; | 78768 |
| (3) Limit excessive concentration of these residential | 78769 |
| facilities. | 78770 |
| (Q) This section does not prohibit a political subdivision | 78771 |
| from applying to residential facilities nondiscriminatory | 78772 |
| regulations requiring compliance with health, fire, and safety | 78773 |
| regulations and building standards and regulations. | 78774 |
| (R) Divisions (O) and (P) of this section are not applicable | 78775 |
| to municipal corporations that had in effect on June 15, 1977, an | 78776 |
| ordinance specifically permitting in residential zones licensed | 78777 |
| residential facilities by means of permitted uses, conditional | 78778 |
| uses, or special exception, so long as such ordinance remains in | 78779 |
| effect without any substantive modification. | 78780 |
| (S)(1) The director may issue an interim license to operate a | 78781 |
| residential facility to an applicant for a license under this | 78782 |
| section if either of the following is the case: | 78783 |
| (a) The director determines that an emergency exists | 78784 |
| requiring immediate placement of persons in a residential | 78785 |
| facility, that insufficient licensed beds are available, and that | 78786 |
| the residential facility is likely to receive a permanent license | 78787 |
| under this section within thirty days after issuance of the | 78788 |
| interim license. | 78789 |
| (b) The director determines that the issuance of an interim | 78790 |
| license is necessary to meet a temporary need for a residential | 78791 |
| facility. | 78792 |
| (2) To be eligible to receive an interim license, an | 78793 |
| applicant must meet the same criteria that must be met to receive | 78794 |
| a permanent license under this section, except for any differing | 78795 |
| procedures and time frames that may apply to issuance of a | 78796 |
| permanent license. | 78797 |
| (3) An interim license shall be valid for thirty days and may | 78798 |
| be renewed by the director for a period not to exceed one hundred | 78799 |
| fifty days. | 78800 |
| (4) The director shall adopt rules in accordance with Chapter | 78801 |
| 119. of the Revised Code as the director considers necessary to | 78802 |
| administer the issuance of interim licenses. | 78803 |
| (T) Notwithstanding rules adopted pursuant to this section | 78804 |
| establishing the maximum number of persons who may be served in a | 78805 |
| particular type of residential facility, a residential facility | 78806 |
| shall be permitted to serve the same number of persons being | 78807 |
| served by the facility on the effective date of the rules or the | 78808 |
| number of persons for which the facility is authorized pursuant to | 78809 |
| a current application for a certificate of need with a letter of | 78810 |
| support from the department of developmental disabilities and | 78811 |
| which is in the review process prior to April 4, 1986. | 78812 |
| (U) The director or the director's designee may enter at any | 78813 |
| time, for purposes of investigation, any home, facility, or other | 78814 |
| structure that has been reported to the director or that the | 78815 |
| director has reasonable cause to believe is being operated as a | 78816 |
| residential facility without a license issued under this section. | 78817 |
| The director may petition the court of common pleas of the | 78818 |
| county in which an unlicensed residential facility is located for | 78819 |
| an order enjoining the person or governmental agency operating the | 78820 |
| facility from continuing to operate without a license. The court | 78821 |
| may grant the injunction on a showing that the person or | 78822 |
| governmental agency named in the petition is operating a | 78823 |
| residential facility without a license. The court may grant the | 78824 |
| injunction, regardless of whether the residential facility meets | 78825 |
| the requirements for receiving a license under this section. | 78826 |
| Section 110.21. That the existing version of section 5123.19 | 78827 |
| of the Revised Code that is scheduled to take effect on October 1, | 78828 |
| 2012, is hereby repealed. | 78829 |
| Section 110.22. Sections 110.20 and 110.21 of this act take | 78830 |
| effect October 1, 2012. | 78831 |
| Section 110.30. That the version of section 5123.61 of the | 78832 |
| Revised Code that is scheduled to take effect on October 1, 2012, | 78833 |
| be amended to read as follows: | 78834 |
| Sec. 5123.61. (A) As used in this section: | 78835 |
| (1) "Law enforcement agency" means the state highway patrol, | 78836 |
| the police department of a municipal corporation, or a county | 78837 |
| sheriff. | 78838 |
| (2) "Abuse" has the same meaning as in section 5123.50 of the | 78839 |
| Revised Code, except that it includes a misappropriation, as | 78840 |
| defined in that section. | 78841 |
| (3) "Neglect" has the same meaning as in section 5123.50 of | 78842 |
| the Revised Code. | 78843 |
| (B) The department of developmental disabilities shall | 78844 |
| establish a registry office for the purpose of maintaining reports | 78845 |
| of abuse, neglect, and other major unusual incidents made to the | 78846 |
| department under this section and reports received from county | 78847 |
| boards of developmental disabilities under section 5126.31 of the | 78848 |
| Revised Code. The department shall establish committees to review | 78849 |
| reports of abuse, neglect, and other major unusual incidents. | 78850 |
| (C)(1) Any person listed in division (C)(2) of this section, | 78851 |
| having reason to believe that a person with mental retardation or | 78852 |
| a developmental disability has suffered or faces a substantial | 78853 |
| risk of suffering any wound, injury, disability, or condition of | 78854 |
| such a nature as to reasonably indicate abuse or neglect of that | 78855 |
| person, shall immediately report or cause reports to be made of | 78856 |
| such information to the entity specified in this division. Except | 78857 |
| as provided in section 5120.173 of the Revised Code or as | 78858 |
| otherwise provided in this division, the person making the report | 78859 |
| shall make it to a law enforcement agency or to the county board | 78860 |
| of developmental disabilities. If the report concerns a resident | 78861 |
| of a facility operated by the department of developmental | 78862 |
| disabilities the report shall be made either to a law enforcement | 78863 |
| agency or to the department. If the report concerns any act or | 78864 |
| omission of an employee of a county board of developmental | 78865 |
| disabilities, the report immediately shall be made to the | 78866 |
| department and to the county board. | 78867 |
| (2) All of the following persons are required to make a | 78868 |
| report under division (C)(1) of this section: | 78869 |
| (a) Any physician, including a hospital intern or resident, | 78870 |
| any dentist, podiatrist, chiropractor, practitioner of a limited | 78871 |
| branch of medicine as specified in section 4731.15 of the Revised | 78872 |
| Code, hospital administrator or employee of a hospital, nurse | 78873 |
| licensed under Chapter 4723. of the Revised Code, employee of an | 78874 |
| ambulatory health facility as defined in section 5101.61 of the | 78875 |
|
Revised Code, employee of a home health agency, employee of | 78876 |
| 78877 | |
| section 5119.22 of the Revised Code that provides accommodations, | 78878 |
| supervision, and person care services for three to sixteen | 78879 |
| unrelated adults, or employee of a community mental health | 78880 |
| facility; | 78881 |
| (b) Any school teacher or school authority, social worker, | 78882 |
| psychologist, attorney, peace officer, coroner, or residents' | 78883 |
| rights advocate as defined in section 3721.10 of the Revised Code; | 78884 |
| (c) A superintendent, board member, or employee of a county | 78885 |
| board of developmental disabilities; an administrator, board | 78886 |
| member, or employee of a residential facility licensed under | 78887 |
| section 5123.19 of the Revised Code; an administrator, board | 78888 |
| member, or employee of any other public or private provider of | 78889 |
| services to a person with mental retardation or a developmental | 78890 |
| disability, or any MR/DD employee, as defined in section 5123.50 | 78891 |
| of the Revised Code; | 78892 |
| (d) A member of a citizen's advisory council established at | 78893 |
| an institution or branch institution of the department of | 78894 |
| developmental disabilities under section 5123.092 of the Revised | 78895 |
| Code; | 78896 |
| (e) A | 78897 |
| position that includes providing specialized services to an | 78898 |
| individual with mental retardation or another developmental | 78899 |
| disability, while acting in an official or professional capacity | 78900 |
| in that position, or a person who is employed in a position that | 78901 |
| includes providing specialized services to an individual with | 78902 |
| mental retardation or another developmental disability and who, | 78903 |
| while acting in an official or professional capacity, renders | 78904 |
| spiritual treatment through prayer in accordance with the tenets | 78905 |
| of an organized religion. | 78906 |
| (3)(a) The reporting requirements of this division do not | 78907 |
| apply to employees of the Ohio protection and advocacy system. | 78908 |
| (b) An attorney or physician is not required to make a report | 78909 |
| pursuant to division (C)(1) of this section concerning any | 78910 |
| communication the attorney or physician receives from a client or | 78911 |
| patient in an attorney-client or physician-patient relationship, | 78912 |
| if, in accordance with division (A) or (B) of section 2317.02 of | 78913 |
| the Revised Code, the attorney or physician could not testify with | 78914 |
| respect to that communication in a civil or criminal proceeding, | 78915 |
| except that the client or patient is deemed to have waived any | 78916 |
| testimonial privilege under division (A) or (B) of section 2317.02 | 78917 |
| of the Revised Code with respect to that communication and the | 78918 |
| attorney or physician shall make a report pursuant to division | 78919 |
| (C)(1) of this section, if both of the following apply: | 78920 |
| (i) The client or patient, at the time of the communication, | 78921 |
| is a person with mental retardation or a developmental disability. | 78922 |
| (ii) The attorney or physician knows or suspects, as a result | 78923 |
| of the communication or any observations made during that | 78924 |
| communication, that the client or patient has suffered or faces a | 78925 |
| substantial risk of suffering any wound, injury, disability, or | 78926 |
| condition of a nature that reasonably indicates abuse or neglect | 78927 |
| of the client or patient. | 78928 |
| (4) Any person who fails to make a report required under | 78929 |
| division (C) of this section and who is an MR/DD employee, as | 78930 |
| defined in section 5123.50 of the Revised Code, shall be eligible | 78931 |
| to be included in the registry regarding misappropriation, abuse, | 78932 |
| neglect, or other specified misconduct by MR/DD employees | 78933 |
| established under section 5123.52 of the Revised Code. | 78934 |
| (D) The reports required under division (C) of this section | 78935 |
| shall be made forthwith by telephone or in person and shall be | 78936 |
| followed by a written report. The reports shall contain the | 78937 |
| following: | 78938 |
| (1) The names and addresses of the person with mental | 78939 |
| retardation or a developmental disability and the person's | 78940 |
| custodian, if known; | 78941 |
| (2) The age of the person with mental retardation or a | 78942 |
| developmental disability; | 78943 |
| (3) Any other information that would assist in the | 78944 |
| investigation of the report. | 78945 |
| (E) When a physician performing services as a member of the | 78946 |
| staff of a hospital or similar institution has reason to believe | 78947 |
| that a person with mental retardation or a developmental | 78948 |
| disability has suffered injury, abuse, or physical neglect, the | 78949 |
| physician shall notify the person in charge of the institution or | 78950 |
| that person's designated delegate, who shall make the necessary | 78951 |
| reports. | 78952 |
| (F) Any person having reasonable cause to believe that a | 78953 |
| person with mental retardation or a developmental disability has | 78954 |
| suffered or faces a substantial risk of suffering abuse or neglect | 78955 |
| may report or cause a report to be made of that belief to the | 78956 |
| entity specified in this division. Except as provided in section | 78957 |
| 5120.173 of the Revised Code or as otherwise provided in this | 78958 |
| division, the person making the report shall make it to a law | 78959 |
| enforcement agency or the county board of developmental | 78960 |
| disabilities. If the person is a resident of a facility operated | 78961 |
| by the department of developmental disabilities, the report shall | 78962 |
| be made to a law enforcement agency or to the department. If the | 78963 |
| report concerns any act or omission of an employee of a county | 78964 |
| board of developmental disabilities, the report immediately shall | 78965 |
| be made to the department and to the county board. | 78966 |
| (G)(1) Upon the receipt of a report concerning the possible | 78967 |
| abuse or neglect of a person with mental retardation or a | 78968 |
| developmental disability, the law enforcement agency shall inform | 78969 |
| the county board of developmental disabilities or, if the person | 78970 |
| is a resident of a facility operated by the department of | 78971 |
| developmental disabilities, the director of the department or the | 78972 |
| director's designee. | 78973 |
| (2) On receipt of a report under this section that includes | 78974 |
| an allegation of action or inaction that may constitute a crime | 78975 |
| under federal law or the law of this state, the department of | 78976 |
| developmental disabilities shall notify the law enforcement | 78977 |
| agency. | 78978 |
| (3) When a county board of developmental disabilities | 78979 |
| receives a report under this section that includes an allegation | 78980 |
| of action or inaction that may constitute a crime under federal | 78981 |
| law or the law of this state, the superintendent of the board or | 78982 |
| an individual the superintendent designates under division (H) of | 78983 |
| this section shall notify the law enforcement agency. The | 78984 |
| superintendent or individual shall notify the department of | 78985 |
| developmental disabilities when it receives any report under this | 78986 |
| section. | 78987 |
| (4) When a county board of developmental disabilities | 78988 |
| receives a report under this section and believes that the degree | 78989 |
| of risk to the person is such that the report is an emergency, the | 78990 |
| superintendent of the board or an employee of the board the | 78991 |
| superintendent designates shall attempt a face-to-face contact | 78992 |
| with the person with mental retardation or a developmental | 78993 |
| disability who allegedly is the victim within one hour of the | 78994 |
| board's receipt of the report. | 78995 |
| (H) The superintendent of the board may designate an | 78996 |
| individual to be responsible for notifying the law enforcement | 78997 |
| agency and the department when the county board receives a report | 78998 |
| under this section. | 78999 |
| (I) An adult with mental retardation or a developmental | 79000 |
| disability about whom a report is made may be removed from the | 79001 |
| adult's place of residence only by law enforcement officers who | 79002 |
| consider that the adult's immediate removal is essential to | 79003 |
| protect the adult from further injury or abuse or in accordance | 79004 |
| with the order of a court made pursuant to section 5126.33 of the | 79005 |
| Revised Code. | 79006 |
| (J) A law enforcement agency shall investigate each report of | 79007 |
| abuse or neglect it receives under this section. In addition, the | 79008 |
| department, in cooperation with law enforcement officials, shall | 79009 |
| investigate each report regarding a resident of a facility | 79010 |
| operated by the department to determine the circumstances | 79011 |
| surrounding the injury, the cause of the injury, and the person | 79012 |
| responsible. The investigation shall be in accordance with the | 79013 |
| memorandum of understanding prepared under section 5126.058 of the | 79014 |
| Revised Code. The department shall determine, with the registry | 79015 |
| office which shall be maintained by the department, whether prior | 79016 |
| reports have been made concerning an adult with mental retardation | 79017 |
| or a developmental disability or other principals in the case. If | 79018 |
| the department finds that the report involves action or inaction | 79019 |
| that may constitute a crime under federal law or the law of this | 79020 |
| state, it shall submit a report of its investigation, in writing, | 79021 |
| to the law enforcement agency. If the person with mental | 79022 |
| retardation or a developmental disability is an adult, with the | 79023 |
| consent of the adult, the department shall provide such protective | 79024 |
| services as are necessary to protect the adult. The law | 79025 |
| enforcement agency shall make a written report of its findings to | 79026 |
| the department. | 79027 |
| If the person is an adult and is not a resident of a facility | 79028 |
| operated by the department, the county board of developmental | 79029 |
| disabilities shall review the report of abuse or neglect in | 79030 |
| accordance with sections 5126.30 to 5126.33 of the Revised Code | 79031 |
| and the law enforcement agency shall make the written report of | 79032 |
| its findings to the county board. | 79033 |
| (K) Any person or any hospital, institution, school, health | 79034 |
| department, or agency participating in the making of reports | 79035 |
| pursuant to this section, any person participating as a witness in | 79036 |
| an administrative or judicial proceeding resulting from the | 79037 |
| reports, or any person or governmental entity that discharges | 79038 |
| responsibilities under sections 5126.31 to 5126.33 of the Revised | 79039 |
| Code shall be immune from any civil or criminal liability that | 79040 |
| might otherwise be incurred or imposed as a result of such actions | 79041 |
| except liability for perjury, unless the person or governmental | 79042 |
| entity has acted in bad faith or with malicious purpose. | 79043 |
| (L) No employer or any person with the authority to do so | 79044 |
| shall discharge, demote, transfer, prepare a negative work | 79045 |
| performance evaluation, reduce pay or benefits, terminate work | 79046 |
| privileges, or take any other action detrimental to an employee or | 79047 |
| retaliate against an employee as a result of the employee's having | 79048 |
| made a report under this section. This division does not preclude | 79049 |
| an employer or person with authority from taking action with | 79050 |
| regard to an employee who has made a report under this section if | 79051 |
| there is another reasonable basis for the action. | 79052 |
| (M) Reports made under this section are not public records as | 79053 |
| defined in section 149.43 of the Revised Code. Information | 79054 |
| contained in the reports on request shall be made available to the | 79055 |
| person who is the subject of the report, to the person's legal | 79056 |
| counsel, and to agencies authorized to receive information in the | 79057 |
| report by the department or by a county board of developmental | 79058 |
| disabilities. | 79059 |
| (N) Notwithstanding section 4731.22 of the Revised Code, the | 79060 |
| physician-patient privilege shall not be a ground for excluding | 79061 |
| evidence regarding the injuries or physical neglect of a person | 79062 |
| with mental retardation or a developmental disability or the cause | 79063 |
| thereof in any judicial proceeding resulting from a report | 79064 |
| submitted pursuant to this section. | 79065 |
| Section 110.31. That the existing version of section 5123.61 | 79066 |
| of the Revised Code that is scheduled to take effect on October 1, | 79067 |
| 2012, is hereby repealed. | 79068 |
| Section 110.32. Sections 110.30 and 110.31 of this act take | 79069 |
| effect October 1, 2012. | 79070 |
| Section 506.10. OHP HEALTH CARE GRANTS FUND | 79071 |
| For fiscal year 2012 and fiscal year 2013, the Department of | 79072 |
| Job and Family Services may deposit into the OHP Health Care | 79073 |
| Grants Fund (Fund 3FA0) federal grants for the administration of | 79074 |
| health care programs that the Department receives under the | 79075 |
| "Patient Protection and Affordable Care Act," Public Law 111-148, | 79076 |
| and the "Health Care and Education Reconciliation Act of 2010," | 79077 |
| Public Law 111-152. The Department shall use the money in the fund | 79078 |
| to pay for expenses incurred in carrying out duties the Department | 79079 |
| assumes by accepting such federal grants, including expenses for | 79080 |
| the administration of health care programs. | 79081 |
| Section 512.10. TRANSFER OF FUNDS FOR CASINO CONTROL | 79082 |
| COMMISSION OPERATIONS | 79083 |
| During fiscal year 2013, the Director of Budget and | 79084 |
| Management may, in consultation with the Executive Director of the | 79085 |
| Casino Control Commission, transfer cash as necessary for | 79086 |
| operating expenses and casino investigations. The transfer shall | 79087 |
| be made from the General Revenue Fund to the Casino Control | 79088 |
| Commission Operating Fund (Fund 5HS0). Once funds from upfront | 79089 |
| license application fees and gross casino revenue taxes have been | 79090 |
| accumulated to sustain operations, the Director of Budget and | 79091 |
| Management, in consultation with the Executive Director of the | 79092 |
| Casino Control Commission, shall establish a repayment schedule | 79093 |
| for transfers to the General Revenue Fund from the Casino Control | 79094 |
| Commission Operating Fund (Fund 5HS0). | 79095 |
| Section 512.20. PRE-SECURITIZATION TOBACCO PAYMENTS | 79096 |
| The Pre-Securitization Tobacco Payments Fund (Fund 5LS0) is | 79097 |
| hereby created in the state treasury. All moneys received by the | 79098 |
| state in connection with releases from disputed payment accounts | 79099 |
| or amounts previously withheld under the Tobacco Master Settlement | 79100 |
| Agreement that do not constitute pledged receipts for the Buckeye | 79101 |
| Tobacco Settlement Financing Authority Tobacco Settlement Bonds, | 79102 |
| Series 2007, shall be credited to the fund and used by the | 79103 |
| Director of Budget and Management as authorized in this section. | 79104 |
| On July 1 of each fiscal year, or as soon as possible | 79105 |
| thereafter, the Director of Budget and Management shall determine, | 79106 |
| in consultation with the Attorney General, the amounts needed to | 79107 |
| fund tobacco enforcement-related activities and may transfer cash | 79108 |
| in those amounts from Fund 5LS0 to the Tobacco Oversight | 79109 |
| Administration and Enforcement Fund (Fund U087). The Director of | 79110 |
| Budget and Management may transfer remaining cash determined to be | 79111 |
| in excess of the tobacco enforcement needs of the Attorney General | 79112 |
| from Fund 5LS0 to the General Revenue Fund. | 79113 |
| Upon receipt of all pre-securitization Tobacco Master | 79114 |
| Settlement Agreement payments and the transfer of all cash | 79115 |
| credited to Fund 5LS0 as authorized in this section, Fund 5LS0 is | 79116 |
| abolished. | 79117 |
| On July 1, 2012, or as soon as possible thereafter, and upon | 79118 |
| the request of the Attorney General, the Director of Budget and | 79119 |
| Management may transfer up to $3,000,000 cash from the General | 79120 |
| Reimbursement Fund (Fund 1060) to the Tobacco Oversight | 79121 |
| Administration and Enforcement Fund (Fund U087). | 79122 |
| Section 512.30. CASH TRANSFER FROM TRAUMA AND EMERGENCY | 79123 |
| MEDICAL SERVICES GRANTS FUND | 79124 |
| On the effective date of this section, or as soon as possible | 79125 |
| thereafter, the Director of Budget and Management shall transfer | 79126 |
| the cash balance in the Trauma and Emergency Medical Services | 79127 |
| Grants Fund (Fund 83P0) to the Trauma and Emergency Medical | 79128 |
| Services Fund (Fund 83M0). The Director shall cancel any existing | 79129 |
| encumbrances against appropriation item 765637, EMS Grants, and | 79130 |
| reestablish them against appropriation item 765640, EMS – Grants. | 79131 |
| The reestablished encumbrance amounts are hereby appropriated. | 79132 |
| Section 512.40. CASH TRANSFER FROM ELEMENTARY SCHOOL SEAT | 79133 |
| BELT FUND | 79134 |
| On the effective date of this section, or as soon as possible | 79135 |
| thereafter, the Director of Budget and Management shall transfer | 79136 |
| the cash balance in the Elementary School Seat Belt Fund (Fund | 79137 |
| 83N0) to the Trauma and Emergency Medical Services Fund (Fund | 79138 |
| 83M0). The Director shall cancel any existing encumbrances against | 79139 |
| appropriation item 761611, Elementary School Seat Belt Program, | 79140 |
| and reestablish them against appropriation item 765624, Operating | 79141 |
| Expense - Trauma and EMS. The reestablished encumbrance amounts | 79142 |
| are hereby appropriated. | 79143 |
| Section 512.50. MEDICAID PROGRAM SUPPORT STATE FUND ABOLISHED | 79144 |
| The Director of Budget and Management shall transfer any | 79145 |
| remaining cash balance in the Medicaid Program Support State Fund | 79146 |
| (Fund 5C90) to the Health Care/Medicaid Support and Recoveries | 79147 |
| Fund (Fund 5DL0) created under section 5111.941 of the Revised | 79148 |
| Code. The Medicaid Program Support State Fund (Fund 5C90) shall | 79149 |
| cease to exist once the transfer is complete. | 79150 |
| Section 601.10. That Section 205.10 of Am. Sub. H.B. 114 of | 79151 |
| the 129th General Assembly, as amended by Am. Sub. H.B. 153 of the | 79152 |
| 129th General Assembly, be amended to read as follows: | 79153 |
| Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY | 79154 |
| State Highway Safety Fund Group | 79155 |
| 4W40 | 762321 | Operating Expense - BMV | $ | 80,003,146 | $ | 79156 | |||||
| 4W40 | 762410 | Registrations Supplement | $ | 28,945,176 | $ | 29,813,532 | 79157 | ||||
| 5V10 | 762682 | License Plate Contributions | $ | 2,100,000 | $ | 2,100,000 | 79158 | ||||
| 7036 | 761321 | Operating Expense - Information and Education | $ | 7,124,366 | $ | 79159 | |||||
| 7036 | 761401 | Lease Rental Payments | $ | 9,978,300 | $ | 2,315,700 | 79160 | ||||
| 7036 | 764033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 79161 | ||||
| 7036 | 764321 | Operating Expense - Highway Patrol | $ | 260,744,934 | $ | 258,365,903 | 79162 | ||||
| 7036 | 764605 | Motor Carrier Enforcement Expenses | $ | 2,860,000 | $ | 2,860,000 | 79163 | ||||
| 8300 | 761603 | Salvage and Exchange - Administration | $ | 19,469 | $ | 20,053 | 79164 | ||||
| 8310 | 761610 | Information and Education - Federal | $ | 422,084 | $ | 79165 | |||||
| 8310 | 764610 | Patrol - Federal | $ | 2,209,936 | $ | 2,276,234 | 79166 | ||||
| 8310 | 764659 | Transportation Enforcement - Federal | $ | 5,519,333 | $ | 5,684,913 | 79167 | ||||
| 8310 | 765610 | EMS - Federal | $ | 532,007 | $ | 532,007 | 79168 | ||||
| 8310 | 769610 | $ | 1,546,319 | $ | 1,546,319 | 79169 | |||||
| 8310 | 769631 | Homeland Security - Federal | $ | 2,184,000 | $ | 2,184,000 | 79170 | ||||
| 8320 | 761612 | Traffic Safety - Federal | $ | 16,577,565 | $ | 16,577,565 | 79171 | ||||
| 8350 | 762616 | Financial Responsibility Compliance | $ | 5,457,240 | $ | 79172 | |||||
| 8370 | 764602 | Turnpike Policing | $ | 11,553,959 | $ | 11,553,959 | 79173 | ||||
| 8380 | 764606 | Patrol Reimbursement | $ | 50,000 | $ | 50,000 | 79174 | ||||
| 83C0 | 764630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 79175 | ||||
| 83F0 | 764657 | Law Enforcement Automated Data System | $ | 9,053,266 | $ | 9,053,266 | 79176 | ||||
| 83G0 | 764633 | OMVI Enforcement/Education | $ | 623,230 | $ | 641,927 | 79177 | ||||
| 83J0 | 764693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 79178 | ||||
| 83M0 | 765624 | Operating Expense - Trauma and EMS | $ | 2,632,106 | $ | 79179 | |||||
| 83M0 | 765640 | EMS - Grants | $ | 0 | $ | 4,229,819 | 79180 | ||||
| 83N0 | 761611 | Elementary School Seat Belt Program | $ | 305,600 | $ | 79181 | |||||
| 83P0 | 765637 | EMS Grants | $ | 4,106,621 | $ | 79182 | |||||
| 83R0 | 762639 | Local Immobilization Reimbursement | $ | 450,000 | $ | 450,000 | 79183 | ||||
| 83T0 | 764694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 79184 | ||||
| 8400 | 764607 | State Fair Security | $ | 1,256,655 | $ | 1,294,354 | 79185 | ||||
| 8400 | 764617 | Security and Investigations | $ | 6,432,686 | $ | 6,432,686 | 79186 | ||||
| 8400 | 764626 | State Fairgrounds Police Force | $ | 849,883 | $ | 849,883 | 79187 | ||||
| 8400 | 769632 | Homeland Security - Operating | $ | 737,791 | $ | 737,791 | 79188 | ||||
| 8410 | 764603 | Salvage and Exchange - Highway Patrol | $ | 1,339,399 | $ | 1,339,399 | 79189 | ||||
| 8460 | 761625 | Motorcycle Safety Education | $ | 3,185,013 | $ | 3,280,563 | 79190 | ||||
| 8490 | 762627 | Automated Title Processing Board | $ | 17,316,755 | $ | 14,335,513 | 79191 | ||||
| TOTAL HSF State Highway Safety Fund Group | $ | 490,110,733 | $ | 79192 | |||||||
| General Services Fund Group | 79193 |
| 4P60 | 768601 | Justice Program Services | $ | 998,104 | $ | 1,028,047 | 79194 | ||||
| 4S30 | 766661 | Hilltop Utility Reimbursement | $ | 540,800 | $ | 540,800 | 79195 | ||||
| 5ET0 | 768625 | Drug Law Enforcement | $ | 3,780,000 | $ | 3,893,400 | 79196 | ||||
| 5Y10 | 764695 | Highway Patrol Continuing Professional Training | $ | 170,000 | $ | 170,000 | 79197 | ||||
| 5Y10 | 767696 | Investigative Unit Continuing Professional Training | $ | 15,000 | $ | 15,000 | 79198 | ||||
| TOTAL GSF General Services Fund Group | $ | 5,503,904 | $ | 5,647,247 | 79199 | ||||||
| Federal Special Revenue Fund Group | 79200 |
| 3290 | 763645 | Federal Mitigation Program | $ | 10,110,332 | $ | 10,413,642 | 79201 | ||||
| 3370 | 763609 | Federal Disaster Relief | $ | 27,707,636 | $ | 27,707,636 | 79202 | ||||
| 3390 | 763647 | Emergency Management Assistance and Training | $ | 75,664,821 | $ | 77,934,765 | 79203 | ||||
| 3CB0 | 768691 | Federal Justice Grants - FFY06 | $ | 200,000 | $ | 50,000 | 79204 | ||||
| 3CC0 | 768609 | Justice Assistance Grants - FFY07 | $ | 583,222 | $ | 310,000 | 79205 | ||||
| 3CD0 | 768610 | Justice Assistance Grants – FFY08 | $ | 310,000 | $ | 150,000 | 79206 | ||||
| 3CE0 | 768611 | Justice Assistance Grants – FFY09 | $ | 865,000 | $ | 1,200,000 | 79207 | ||||
| 3CV0 | 768697 | Justice Assistance Grants Supplement – FFY08 | $ | 2,000 | $ | 0 | 79208 | ||||
| 3DE0 | 768612 | Federal Stimulus - Justice Assistance Grants | $ | 1,015,000 | $ | 1,015,000 | 79209 | ||||
| 3DH0 | 768613 | Federal Stimulus - Justice Programs | $ | 150,000 | $ | 150,000 | 79210 | ||||
| 3DU0 | 762628 | BMV Grants | $ | 1,525,000 | $ | 79211 | |||||
| 3EU0 | 768614 | Justice Assistance Grants – FFY10 | $ | 650,000 | $ | 920,000 | 79212 | ||||
| 3L50 | 768604 | Justice Program | $ | 11,400,000 | $ | 11,400,000 | 79213 | ||||
| 3N50 | 763644 | U.S. Department of Energy Agreement | $ | 31,672 | $ | 31,672 | 79214 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 130,214,683 | $ | |
79215 | ||||||
| State Special Revenue Fund Group | 79216 |
| 4V30 | 763662 | EMA Service and Reimbursement | $ | 4,368,369 | $ | 4,499,420 | 79217 | ||||
| 5390 | 762614 | Motor Vehicle Dealers Board | $ | 180,000 | $ | 185,400 | 79218 | ||||
| 5B90 | 766632 | Private Investigator and Security Guard Provider | $ | 1,562,637 | $ | 1,562,637 | 79219 | ||||
| 5BK0 | 768687 | Criminal Justice Services - Operating | $ | 400,000 | $ | 400,000 | 79220 | ||||
| 5BK0 | 768689 | Family Violence Shelter Programs | $ | 750,000 | $ | 750,000 | 79221 | ||||
| 5CM0 | 767691 | $ | 300,000 | $ | 300,000 | 79222 | |||||
| 5DS0 | 769630 | Homeland Security | $ | 1,414,384 | $ | 1,414,384 | 79223 | ||||
| 5FF0 | 762621 | Indigent Interlock and Alcohol Monitoring | $ | 2,000,000 | $ | 2,000,000 | 79224 | ||||
| 5FL0 | 769634 | Investigations | $ | 899,300 | $ | 899,300 | 79225 | ||||
| 5LM0 | 768698 | Criminal Justice Services Law Enforcement Support | $ | 33,991 | $ | 816,955 | 79226 | ||||
| 6220 | 767615 | Investigative Contraband and Forfeiture | $ | 375,000 | $ | 375,000 | 79227 | ||||
| 6570 | 763652 | Utility Radiological Safety | $ | 1,415,945 | $ | 1,415,945 | 79228 | ||||
| 6810 | 763653 | SARA Title III HAZMAT Planning | $ | 262,438 | $ | 262,438 | 79229 | ||||
| 8500 | 767628 | Investigative Unit Salvage | $ | 90,000 | $ | 92,700 | 79230 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | $ | 79231 | ||||||||
| Liquor Control Fund Group | 79232 |
| 7043 | 767321 | Liquor Enforcement - Operating | $ | 11,000,000 | $ | 11,000,000 | 79233 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 11,000,000 | $ | 11,000,000 | 79234 | ||||||
| Agency Fund Group | 79235 |
| 5J90 | 761678 | Federal Salvage/GSA | $ | 1,500,000 | $ | 1,500,000 | 79236 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,500,000 | $ | 1,500,000 | 79237 | ||||||
| Holding Account Redistribution Fund Group | 79238 |
| R024 | 762619 | Unidentified Motor Vehicle Receipts | $ | 1,885,000 | $ | 1,885,000 | 79239 | ||||
| R052 | 762623 | Security Deposits | $ | 350,000 | $ | 350,000 | 79240 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,235,000 | $ | 2,235,000 | 79241 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | |
79242 | ||||||
| MOTOR VEHICLE REGISTRATION | 79243 |
| The Registrar of Motor Vehicles may deposit revenues to meet | 79244 |
| the cash needs of the State Bureau of Motor Vehicles Fund (Fund | 79245 |
| 4W40) established in section 4501.25 of the Revised Code, obtained | 79246 |
| under sections 4503.02 and 4504.02 of the Revised Code, less all | 79247 |
| other available cash. Revenue deposited pursuant to this paragraph | 79248 |
| shall support, in part, appropriations for operating expenses and | 79249 |
| defray the cost of manufacturing and distributing license plates | 79250 |
| and license plate stickers and enforcing the law relative to the | 79251 |
| operation and registration of motor vehicles. Notwithstanding | 79252 |
| section 4501.03 of the Revised Code, the revenues shall be paid | 79253 |
| into Fund 4W40 before any revenues obtained pursuant to sections | 79254 |
| 4503.02 and 4504.02 of the Revised Code are paid into any other | 79255 |
| fund. The deposit of revenues to meet the aforementioned cash | 79256 |
| needs shall be in approximately equal amounts on a monthly basis | 79257 |
| or as otherwise determined by the Director of Budget and | 79258 |
| Management pursuant to a plan submitted by the Registrar of Motor | 79259 |
| Vehicles. | 79260 |
| CAPITAL PROJECTS | 79261 |
| The Registrar of Motor Vehicles may transfer cash from the | 79262 |
| State Bureau of Motor Vehicles Fund (Fund 4W40) to the State | 79263 |
| Highway Safety Fund (Fund 7036) to meet its obligations for | 79264 |
| capital projects CIR-047, Department of Public Safety Office | 79265 |
| Building and CIR-049, Warehouse Facility. | 79266 |
| OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS | 79267 |
| The foregoing appropriation item 761401, Lease Rental | 79268 |
| Payments, shall be used for payments to the Ohio Building | 79269 |
| Authority for the period July 1, 2011, to June 30, 2013, under the | 79270 |
| primary leases and agreements for public safety related buildings | 79271 |
| financed by obligations issued under Chapter 152. of the Revised | 79272 |
| Code. Notwithstanding section 152.24 of the Revised Code, the Ohio | 79273 |
| Building Authority may, with approval of the Director of Budget | 79274 |
| and Management, lease capital facilities to the Department of | 79275 |
| Public Safety. | 79276 |
| HILLTOP TRANSFER | 79277 |
| The Director of Public Safety shall determine, per an | 79278 |
| agreement with the Director of Transportation, the share of each | 79279 |
| debt service payment made out of appropriation item 761401, Lease | 79280 |
| Rental Payments, that relates to the Department of | 79281 |
| Transportation's portion of the Hilltop Building Project, and | 79282 |
| shall certify to the Director of Budget and Management the amounts | 79283 |
| of this share. The Director of Budget and Management shall | 79284 |
| transfer the amounts of such shares from the Highway Operating | 79285 |
| Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036). | 79286 |
| CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND | 79287 |
| On July 1, 2011, or as soon as possible thereafter, the | 79288 |
| Director of Budget and Management shall transfer the unexpended | 79289 |
| and unencumbered cash balance in the Seat Belt Education Fund | 79290 |
| (Fund 8440) to the Trauma and Emergency Medical Services Fund | 79291 |
| (Fund 83M0). Upon completion of the transfer, Fund 8440 is | 79292 |
| abolished. The Director shall cancel any existing encumbrances | 79293 |
| against appropriation item 761613, Seat Belt Education Program, | 79294 |
| and reestablish them against appropriation item 765624, Operating | 79295 |
| Expense - Trauma and EMS. The reestablished encumbrance amounts | 79296 |
| are hereby appropriated. | 79297 |
| CASH TRANSFERS BETWEEN FUNDS | 79298 |
| Notwithstanding any provision of law to the contrary, the | 79299 |
| Director of Budget and Management, upon the written request of the | 79300 |
| Director of Public Safety, may approve the transfer of cash | 79301 |
| between the following six funds: the Trauma and Emergency Medical | 79302 |
| Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0), | 79303 |
| the Investigations Fund (Fund 5FL0), the Emergency Management | 79304 |
| Agency Service and Reimbursement Fund (Fund 4V30), the Justice | 79305 |
| Program Services Fund (Fund 4P60), and the State Bureau of Motor | 79306 |
| Vehicles Fund (Fund 4W40). | 79307 |
| CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND | 79308 |
| Notwithstanding any provision of law to the contrary, the | 79309 |
| Director of Budget and Management, upon the written request of the | 79310 |
| Director of Public Safety, may approve the transfer of cash from | 79311 |
| the Continuing Professional Training Fund (Fund 5Y10), the State | 79312 |
| Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0), | 79313 |
| the Trauma and Emergency Medical Services Fund (Fund 83M0), and | 79314 |
| the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund | 79315 |
| 8410) to the Security, Investigations, and Policing Fund (Fund | 79316 |
| 8400). | 79317 |
| CASH TRANSFERS OF SEAT BELT FINE REVENUES | 79318 |
| Notwithstanding any provision of law to the contrary, the | 79319 |
| Controlling Board, upon request of the Director of Public Safety, | 79320 |
|
may approve the transfer of cash between the following | 79321 |
| funds that receive fine revenues from enforcement of the mandatory | 79322 |
| seat belt law: the Trauma and Emergency Medical Services Fund | 79323 |
| (Fund 83M0), the Elementary School Program Fund (Fund 83N0), and | 79324 |
| the Trauma and Emergency Medical Services Grants Fund (Fund 83P0). | 79325 |
| STATE DISASTER RELIEF | 79326 |
| The State Disaster Relief Fund (Fund 5330) may accept | 79327 |
| transfers of cash and appropriations from Controlling Board | 79328 |
| appropriation items for Ohio Emergency Management Agency disaster | 79329 |
| response costs and disaster program management costs, and may also | 79330 |
| be used for the following purposes: | 79331 |
| (A) To accept transfers of cash and appropriations from | 79332 |
| Controlling Board appropriation items for Ohio Emergency | 79333 |
| Management Agency public assistance and mitigation program match | 79334 |
| costs to reimburse eligible local governments and private | 79335 |
| nonprofit organizations for costs related to disasters; | 79336 |
| (B) To accept and transfer cash to reimburse the costs | 79337 |
| associated with Emergency Management Assistance Compact (EMAC) | 79338 |
| deployments; | 79339 |
| (C) To accept disaster related reimbursement from federal, | 79340 |
| state, and local governments. The Director of Budget and | 79341 |
| Management may transfer cash from reimbursements received by this | 79342 |
| fund to other funds of the state from which transfers were | 79343 |
| originally approved by the Controlling Board. | 79344 |
| (D) To accept transfers of cash and appropriations from | 79345 |
| Controlling Board appropriation items to fund the State Disaster | 79346 |
| Relief Program, for disasters that have been declared by the | 79347 |
| Governor, and the State Individual Assistance Program for | 79348 |
| disasters that have been declared by the Governor and the federal | 79349 |
| Small Business Administration. The Ohio Emergency Management | 79350 |
| Agency shall publish and make available application packets | 79351 |
| outlining procedures for the State Disaster Relief Program and the | 79352 |
| State Individual Assistance Program. | 79353 |
| JUSTICE ASSISTANCE GRANT FUND | 79354 |
| The federal payments made to the state for the Byrne Justice | 79355 |
| Assistance Grants Program under Title II of Division A of the | 79356 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 79357 |
| to the credit of the Justice Assistance Grant Fund (Fund 3DE0), | 79358 |
| which is hereby created in the state treasury. All investment | 79359 |
| earnings of the fund shall be credited to the fund. | 79360 |
| FEDERAL STIMULUS – JUSTICE PROGRAMS | 79361 |
| The federal payments made to the state for the Violence | 79362 |
| Against Women Formula Grant under Title II of Division A of the | 79363 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 79364 |
| to the credit of the Federal Stimulus – Justice Programs Fund | 79365 |
| (Fund 3DH0). | 79366 |
| TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT | 79367 |
| AGENCY SERVICE AND REIMBURSEMENT FUND | 79368 |
| On July 1 of each fiscal year, or as soon as possible | 79369 |
| thereafter, the Director of Budget and Management shall transfer | 79370 |
| $200,000 in cash from the State Fire Marshal Fund (Fund 5460) to | 79371 |
| the Emergency Management Agency Service and Reimbursement Fund | 79372 |
| (Fund 4V30) to be distributed to the Ohio Task Force One – Urban | 79373 |
| Search and Rescue Unit and other urban search and rescue programs | 79374 |
| around the state. | 79375 |
| FAMILY VIOLENCE PREVENTION FUND | 79376 |
| Notwithstanding any provision of law to the contrary, in each | 79377 |
| of fiscal years 2012 and 2013, the first $750,000 received to the | 79378 |
| credit of the Family Violence Prevention Fund (Fund 5BK0) shall be | 79379 |
| appropriated to appropriation item 768689, Family Violence Shelter | 79380 |
| Programs, and the next $400,000 received to the credit of Fund | 79381 |
| 5BK0 in each of those fiscal years shall be appropriated to | 79382 |
| appropriation item 768687, Criminal Justice Services - Operating. | 79383 |
| Any moneys received to the credit of Fund 5BK0 in excess of the | 79384 |
| aforementioned appropriated amounts in each fiscal year shall, | 79385 |
| upon the approval of the Controlling Board, be used to provide | 79386 |
| grants to family violence shelters in Ohio. | 79387 |
| SARA TITLE III HAZMAT PLANNING | 79388 |
| The SARA Title III HAZMAT Planning Fund (Fund 6810) is | 79389 |
| entitled to receive grant funds from the Emergency Response | 79390 |
| Commission to implement the Emergency Management Agency's | 79391 |
| responsibilities under Chapter 3750. of the Revised Code. | 79392 |
| COLLECTIVE BARGAINING INCREASES | 79393 |
| Notwithstanding division (D) of section 127.14 and division | 79394 |
| (B) of section 131.35 of the Revised Code, except for the General | 79395 |
| Revenue Fund, the Controlling Board may, upon the request of | 79396 |
| either the Director of Budget and Management, or the Department of | 79397 |
| Public Safety with the approval of the Director of Budget and | 79398 |
| Management, increase appropriations for any fund, as necessary for | 79399 |
| the Department of Public Safety, to assist in paying the costs of | 79400 |
| increases in employee compensation that have occurred pursuant to | 79401 |
| collective bargaining agreements under Chapter 4117. of the | 79402 |
| Revised Code and, for exempt employees, under section 124.152 of | 79403 |
| the Revised Code. | 79404 |
| CASH BALANCE FUND REVIEW | 79405 |
| Not later than the first day of April in each fiscal year of | 79406 |
| the biennium, the Director of Budget and Management shall review | 79407 |
| the cash balances for each fund, except the State Highway Safety | 79408 |
| Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund | 79409 |
| 4W40), in the State Highway Safety Fund Group, and shall recommend | 79410 |
| to the Controlling Board an amount to be transferred to the credit | 79411 |
| of Fund 7036 or Fund 4W40, as appropriate. | 79412 |
| Section 601.11. That existing Section 205.10 of Am. Sub. H.B. | 79413 |
| 114 of the 129th General Assembly, as amended by Am. Sub. H.B. 153 | 79414 |
| of the 129th General Assembly, is hereby repealed. | 79415 |
| Section 601.20. That Section 201 of Sub. H.B. 123 of the | 79416 |
| 129th General Assembly be amended to read as follows: | 79417 |
| Sec. 201. All items in Sections 201 and 203 of this act are | 79418 |
| hereby appropriated out of any moneys in the state treasury to the | 79419 |
| credit of the designated fund. For all appropriations made in this | 79420 |
| act, those in the first column are for fiscal year 2012, and those | 79421 |
| in the second column are for fiscal year 2013. | 79422 |
| FND | AI | AI TITLE | Appropriations | 79423 | |||||||
| 79424 | |
| Workers' Compensation Fund Group | 79425 |
| 7023 | 855401 | William Green Lease Payments to OBA | $ | 18,291,365 | $ | 17,533,370 | 79426 | ||||
| 7023 | 855407 | Claims, Risk and Medical Management | $ | 125,427,732 | $ | 79427 | |||||
| 7023 | 855408 | Fraud Prevention | $ | 11,331,154 | $ | 11,164,226 | 79428 | ||||
| 7023 | 855409 | Administrative Services | $ | 101,724,950 | $ | 79429 | |||||
| 7023 | 855410 | Attorney General Payments | $ | 4,621,850 | $ | 4,621,850 | 79430 | ||||
| 8220 | 855606 | Coal Workers' Fund | $ | 150,586 | $ | 147,666 | 79431 | ||||
| 8230 | 855608 | Marine Industry | $ | 76,532 | $ | 75,527 | 79432 | ||||
| 8250 | 855605 | Disabled Workers Relief Fund | $ | 322,266 | $ | 319,718 | 79433 | ||||
| 8260 | 855609 | Safety and Hygiene Operating | $ | 20,382,567 | $ | 20,161,132 | 79434 | ||||
| 8260 | 855610 | Gear Program | $ | 4,000,000 | $ | 4,000,000 | 79435 | ||||
| 8290 | 855604 | Long Term Care Loan Program | $ | 1,000,000 | $ | 79436 | |||||
| TOTAL WCF Workers' Compensation | 79437 | ||||||||||
| Fund Group | $ | 287,329,002 | $ | 79438 | |||||||
| Federal Special Revenue Fund Group | 79439 |
| 3490 | 855601 | OSHA Enforcement | $ | 1,670,998 | $ | 1,647,515 | 79440 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,670,998 | $ | 1,647,515 | 79441 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 289,000,000 | $ | 79442 | |||||||
| WILLIAM GREEN LEASE PAYMENTS | 79443 |
| The foregoing appropriation item 855401, William Green Lease | 79444 |
| Payments to OBA, shall be used for lease payments to the Ohio | 79445 |
| Building Authority, and these appropriations shall be used to meet | 79446 |
| all payments at the times they are required to be made during the | 79447 |
| period from July 1, 2011, to June 30, 2013, by the Bureau of | 79448 |
| Workers' Compensation to the Ohio Building Authority pursuant to | 79449 |
| leases and agreements made under Chapter 152. of the Revised Code | 79450 |
| and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly. | 79451 |
| Of the amounts received in Fund 7023, appropriation item 855401, | 79452 |
| William Green Lease Payments to OBA, up to $35,824,735 shall be | 79453 |
| restricted for lease rental payments to the Ohio Building | 79454 |
| Authority. If it is determined that additional appropriations are | 79455 |
| necessary for such purpose, such amounts are hereby appropriated. | 79456 |
| Notwithstanding any provision of law to the contrary, all | 79457 |
| tenants of the William Green Building not funded by the Workers' | 79458 |
| Compensation Fund (Fund 7023) shall pay their fair share of the | 79459 |
| costs of lease payments to the Workers' Compensation Fund (Fund | 79460 |
| 7023) by intrastate transfer voucher. | 79461 |
| WORKERS' COMPENSATION FRAUD UNIT | 79462 |
| The Workers' Compensation Section Fund (Fund 1950) | 79463 |
| administered by the Attorney General shall receive payments from | 79464 |
| the Bureau of Workers' Compensation at the beginning of each | 79465 |
| quarter of each fiscal year to fund expenses of the Workers' | 79466 |
| Compensation Fraud Unit within the Attorney General's Office. Of | 79467 |
| the foregoing appropriation item 855410, Attorney General | 79468 |
| Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year | 79469 |
| 2013 shall be used to provide these payments. | 79470 |
| SAFETY AND HYGIENE | 79471 |
| Notwithstanding section 4121.37 of the Revised Code, the | 79472 |
| Treasurer of State shall transfer $20,382,567 cash in fiscal year | 79473 |
| 2012 and $20,161,132 cash in fiscal year 2013 from the State | 79474 |
| Insurance Fund to the Safety and Hygiene Fund (Fund 8260). | 79475 |
| OSHA ON-SITE CONSULTATION PROGRAM | 79476 |
| The Bureau of Workers' Compensation may designate a portion | 79477 |
| of appropriation item 855609, Safety and Hygiene Operating, to be | 79478 |
| used to match federal funding for the federal Occupational Safety | 79479 |
| and Health Administration's (OSHA) on-site consultation program. | 79480 |
| VOCATIONAL REHABILITATION | 79481 |
| The Bureau of Workers' Compensation and the Rehabilitation | 79482 |
| Services Commission shall enter into an interagency agreement for | 79483 |
| the provision of vocational rehabilitation services and staff to | 79484 |
| mutually eligible clients. The bureau shall provide $605,407 in | 79485 |
| fiscal year 2012 and $605,407 in fiscal year 2013 from the State | 79486 |
| Insurance Fund to fund vocational rehabilitation services and | 79487 |
| staff in accordance with the interagency agreement. | 79488 |
| FUND BALANCE | 79489 |
| Any unencumbered cash balance in excess of $45,000,000 in the | 79490 |
| Workers' Compensation Fund (Fund 7023) on the thirtieth day of | 79491 |
| June of each fiscal year shall be used to reduce the | 79492 |
| administrative cost rate charged to employers to cover | 79493 |
| appropriations for Bureau of Workers' Compensation operations. | 79494 |
| Section 601.21. That existing Section 201 of Sub. H.B. 123 of | 79495 |
| the 129th General Assembly is hereby repealed. | 79496 |
| Section 601.30. That Section 1 of H.B. 124 of the 129th | 79497 |
| General Assembly be amended to read as follows: | 79498 |
| Sec. 1. All items in this section are hereby appropriated out | 79499 |
| of any moneys in the state treasury to the credit of the | 79500 |
| designated fund. For all appropriations made in this section, | 79501 |
| those in the first column are for fiscal year 2012, and those in | 79502 |
| the second column are for fiscal year 2013. | 79503 |
| Appropriations | 79504 | |||||
| FND | AI | AI TITLE | FY 2012 | FY 2013 | 79505 |
| 79506 | |
| Workers' Compensation Fund Group | 79507 |
| 5W30 | 845321 | Operating Expenses | $ | 50,100,000 | $ | 79508 | |||||
| 5W30 | 845402 | Rent - William Green Building | $ | 5,500,000 | $ | 5,500,000 | 79509 | ||||
| 5W30 | 845410 | Attorney General Payments | $ | 3,900,000 | $ | 4,000,000 | 79510 | ||||
| TOTAL WCF Workers' Compensation | 79511 | ||||||||||
| Fund Group | $ | 59,500,000 | $ | 79512 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 59,500,000 | $ | 79513 | |||||||
| RENT - WILLIAM GREEN BUILDING | 79514 |
| The foregoing appropriation item 845402, Rent - William Green | 79515 |
| Building, shall be used for rent and operating expenses for the | 79516 |
| space occupied by the Industrial Commission in the William Green | 79517 |
| Building. | 79518 |
| Section 601.31. That existing Section 1 of H.B. 124 of the | 79519 |
| 129th General Assembly is hereby repealed. | 79520 |
| Section 601.40. That Sections 205.10, 207.10, 207.10.80, | 79521 |
| 207.20.30, 207.20.90, 209.10, 209.20, 211.10, 215.10, 223.10, | 79522 |
| 229.10, 243.10, 247.10, 263.10, 263.10.30, 263.10.90, 263.20.40, | 79523 |
| 263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40, 267.30.20, | 79524 |
| 267.30.40, 279.10, 307.10, 291.10, 309.10, 309.30.30, 309.30.33, | 79525 |
| 309.35.73, 315.10, 327.10, 335.10, 343.10, 365.10, 367.10, 369.10, | 79526 |
| 371.10, 371.60.80, 373.10, 375.10, 379.10, 387.10, 403.10, 411.10, | 79527 |
| 415.10, 503.50, 521.70, and 753.25 of Am. Sub. H.B. 153 of the | 79528 |
| 129th General Assembly be amended to read as follows: | 79529 |
| Sec. 205.10. ADJ ADJUTANT GENERAL | 79530 |
| General Revenue Fund | 79531 |
| GRF | 745401 | Ohio Military Reserve | $ | 12,308 | $ | 12,308 | 79532 | ||||
| GRF | 745404 | Air National Guard | $ | 1,810,606 | $ | 1,810,606 | 79533 | ||||
| GRF | 745407 | National Guard Benefits | $ | 400,000 | $ | 400,000 | 79534 | ||||
| GRF | 745409 | Central Administration | $ | 2,692,098 | $ | 79535 | |||||
| GRF | 745499 | Army National Guard | $ | 3,687,888 | $ | 3,689,871 | 79536 | ||||
| TOTAL GRF General Revenue Fund | $ | 8,602,900 | $ | 79537 | |||||||
| General Services Fund Group | 79538 |
| 5340 | 745612 | Property Operations Management | $ | 534,304 | $ | 534,304 | 79539 | ||||
| 5360 | 745605 | Marksmanship Activities | $ | 128,600 | $ | 128,600 | 79540 | ||||
| 5360 | 745620 | Camp Perry and Buckeye Inn Operations | $ | 1,178,311 | $ | 978,846 | 79541 | ||||
| 5370 | 745604 | Ohio National Guard Facilities Maintenance | $ | 62,000 | $ | 62,000 | 79542 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,903,215 | $ | 1,703,750 | 79543 | ||||||
| Federal Special Revenue Fund Group | 79544 |
| 3410 | 745615 | Air National Guard Base Security | $ | 2,977,692 | $ | 2,977,692 | 79545 | ||||
| 3420 | 745616 | Army National Guard Service Agreement | $ | 10,970,050 | $ | 10,970,050 | 79546 | ||||
| 3E80 | 745628 | Air National Guard Operations and Maintenance | $ | 16,958,595 | $ | 16,958,595 | 79547 | ||||
| 3R80 | 745603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 79548 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 30,931,337 | $ | 30,931,337 | 79549 | ||||||
| State Special Revenue Fund Group | 79550 |
| 5U80 | 745613 | Community Match Armories | $ | 250,000 | $ | 250,000 | 79551 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 250,000 | $ | 250,000 | 79552 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 41,687,452 | $ | 79553 | |||||||
| NATIONAL GUARD BENEFITS | 79554 |
| The foregoing appropriation item 745407, National Guard | 79555 |
| Benefits, shall be used for purposes of sections 5919.31 and | 79556 |
| 5919.33 of the Revised Code, and for administrative costs of the | 79557 |
| associated programs. | 79558 |
| For active duty members of the Ohio National Guard who died | 79559 |
| after October 7, 2001, while performing active duty, the death | 79560 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 79561 |
| paid to the beneficiary or beneficiaries designated on the | 79562 |
| member's Servicemembers' Group Life Insurance Policy. | 79563 |
| STATE ACTIVE DUTY COSTS | 79564 |
| Of the foregoing appropriation item 745409, Central | 79565 |
| Administration, $50,000 in each fiscal year shall be used for the | 79566 |
| purpose of paying expenses related to state active duty of members | 79567 |
| of the Ohio organized militia, in accordance with a proclamation | 79568 |
| of the Governor. Expenses include, but are not limited to, the | 79569 |
| cost of equipment, supplies, and services, as determined by the | 79570 |
| Adjutant General's Department. | 79571 |
| Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 79572 |
| General Revenue Fund | 79573 |
| GRF | 100403 | Public Employees Health Care Program | $ | 400,000 | $ | 79574 | |||||
| GRF | 100415 | OAKS Rental Payments | $ | 23,024,500 | $ | 23,006,300 | 79575 | ||||
| GRF | 100416 | STARS Lease Rental Payments | $ | 4,970,700 | $ | 4,971,300 | 79576 | ||||
| GRF | 100418 | Web Sites and Business Gateway | $ | 2,895,063 | $ | 79577 | |||||
| GRF | 100419 | IT Security Infrastructure | $ | 742,535 | $ | 79578 | |||||
| GRF | 100439 | Equal Opportunity Certification Programs | $ | 625,000 | $ | 79579 | |||||
| GRF | 100447 | OBA - Building Rent Payments | $ | 53,260,000 | $ | 83,504,200 | 79580 | ||||
| GRF | 100448 | OBA - Building Operating Payments | $ | 21,000,000 | $ | 21,000,000 | 79581 | ||||
| GRF | 100449 | DAS - Building Operating Payments | $ | 7,551,245 | $ | 7,551,571 | 79582 | ||||
| GRF | 100451 | Minority Affairs | $ | 24,016 | $ | 79583 | |||||
| GRF | 100452 | Efficiency & Results Program | $ | 0 | $ | 650,000 | 79584 | ||||
| GRF | 100456 | State IT Services | $ | 0 | $ | 3,537,824 | 79585 | ||||
| GRF | 100457 | Equal Opportunity Services | $ | 0 | $ | 1,610,516 | 79586 | ||||
| GRF | 100458 | State Construction Management Services | $ | 0 | $ | 2,745,751 | 79587 | ||||
| GRF | 102321 | Construction Compliance | $ | 920,000 | $ | 79588 | |||||
| GRF | 130321 | State Agency Support Services | $ | 2,779,457 | $ | 79589 | |||||
| TOTAL GRF General Revenue Fund | $ | 118,192,516 | $ | 79590 | |||||||
| General Services Fund Group | 79591 |
| 1120 | 100616 | DAS Administration | $ | 5,974,625 | $ | 79592 | |||||
| 1150 | 100632 | Central Service Agency | $ | 911,995 | $ | 79593 | |||||
| 1170 | 100644 | General Services Division - Operating | $ | 13,000,000 | $ | 13,000,000 | 79594 | ||||
| 1220 | 100637 | Fleet Management | $ | 3,978,827 | $ | 79595 | |||||
| 1250 | 100622 | Human Resources Division - Operating | $ | 16,922,295 | $ | 79596 | |||||
| 1250 | 100657 | Benefits Communication | $ | 925,586 | $ | 79597 | |||||
| 1280 | 100620 | Collective Bargaining | $ | 3,462,529 | $ | 79598 | |||||
| 1300 | 100606 | Risk Management Reserve | $ | 10,349,494 | $ | 79599 | |||||
| 1310 | 100639 | State Architect's Office | $ | 9,812,132 | $ | 79600 | |||||
| 1320 | 100631 | DAS Building Management | $ | 11,000,000 | $ | 11,000,000 | 79601 | ||||
| 1330 | 100607 | IT Services Delivery | $ | 58,088,940 | $ | 79602 | |||||
| 1880 | 100649 | Equal Opportunity Division - Operating | $ | 939,559 | $ | 863,013 | 79603 | ||||
| 2100 | 100612 | State Printing | $ | 17,597,054 | $ | 16,659,526 | 79604 | ||||
| 2290 | 100630 | IT Governance | $ | 14,000,000 | $ | 14,000,000 | 79605 | ||||
| 2290 | 100640 | Leveraged Enterprise Purchases | $ | 3,000,000 | $ | 79606 | |||||
| 4270 | 100602 | Investment Recovery | $ | 4,100,000 | $ | 79607 | |||||
| 4N60 | 100617 | Major IT Purchases | $ | 1,950,000 | $ | 4,950,000 | 79608 | ||||
| 4P30 | 100603 | DAS Information Services | $ | 5,047,565 | $ | 79609 | |||||
| 5C20 | 100605 | MARCS Administration | $ | 14,075,705 | $ | 14,077,467 | 79610 | ||||
| 5C30 | 100608 | Skilled Trades | $ | 404,297 | $ | 79611 | |||||
| 5EB0 | 100635 | OAKS Support Organization | $ | 19,000,539 | $ | 79612 | |||||
| 5EB0 | 100656 | OAKS Updates and Developments | $ | 12,265,952 | $ | 79613 | |||||
| 5HU0 | 100655 | Construction Reform Demo Compliance | $ | 150,000 | $ | 150,000 | 79614 | ||||
| 5L70 | 100610 | Professional Development | $ | 2,496,679 | $ | 2,496,760 | 79615 | ||||
| 5V60 | 100619 | Employee Educational Development | $ | 800,000 | $ | 850,000 | 79616 | ||||
| 5X30 | 100634 | Centralized Gateway Enhancement | $ | 2,052,308 | $ | 2,052,308 | 79617 | ||||
| TOTAL GSF General Services Fund | 79618 | ||||||||||
| Group | $ | 232,306,081 | $ | 79619 | |||||||
| Federal Special Revenue Fund Group | 79620 |
| 3AJ0 | 100654 | ARRA Broadband Mapping Grant | $ | 270,756 | $ | 106,347 | 79621 | ||||
| TOTAL FED Federal Special Revenue | 79622 | ||||||||||
| Fund Group | $ | 270,756 | $ | 106,347 | 79623 | ||||||
| State Special Revenue Fund Group | 79624 |
| 5JQ0 | 100658 | $ | 2,000,000 | $ | 79625 | ||||||
| TOTAL SSR State Special Revenue | 79626 | ||||||||||
| Fund Group | $ | 2,000,000 | $ | 79627 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 352,769,353 | $ | 79628 | |||||||
| Sec. 207.10.80. DAS - BUILDING OPERATING PAYMENTS | 79630 |
| The foregoing appropriation item 100449, DAS - Building | 79631 |
| Operating Payments, shall be used to pay the rent expenses of | 79632 |
| veterans organizations pursuant to section 123.024 of the Revised | 79633 |
| Code in fiscal years 2012 and 2013. | 79634 |
| The foregoing appropriation item, 100449, DAS - Building | 79635 |
| Operating Payments, also may be used to provide funding for the | 79636 |
| cost of property appraisals or building studies that the | 79637 |
| Department of Administrative Services may be required to obtain | 79638 |
| for property that is being sold by the state or property under | 79639 |
| consideration to be renovated or purchased by the state. | 79640 |
| Notwithstanding section 125.28 of the Revised Code, the | 79641 |
| remaining portion of the appropriation may be used to pay the | 79642 |
| operating expenses of state facilities maintained by the | 79643 |
| Department of Administrative Services that are not billed to | 79644 |
| building tenants, or other costs associated with the Voinovich | 79645 |
| Center in Youngstown, Ohio. These expenses may include, but are | 79646 |
| not limited to, the costs for vacant space and space undergoing | 79647 |
| renovation, and the rent expenses of tenants that are relocated | 79648 |
| because of building renovations. These payments shall be processed | 79649 |
| by the Department of Administrative Services through intrastate | 79650 |
| transfer vouchers and placed in the Building Management Fund (Fund | 79651 |
| 1320). | 79652 |
| STATE IT SERVICES | 79653 |
| The foregoing appropriation item 100456, State IT Services, | 79654 |
| shall be used to pay costs associated with the Ohio Business | 79655 |
| Gateway, State Portal, and Shared Hosting Service that were | 79656 |
| formerly paid from appropriation item 100418, Web Sites and | 79657 |
| Business Gateway, and costs associated with statewide operators | 79658 |
| and the Ohio Geographically Referenced Information Program that | 79659 |
| were formerly paid from appropriation item 100419, IT Security | 79660 |
| Infrastructure. The Director of Budget and Management shall cancel | 79661 |
| any existing encumbrances against appropriation items 100418, Web | 79662 |
| Site and Business Gateway and 100419, IT Security Infrastructure, | 79663 |
| and reestablish them against appropriation item 100456, State IT | 79664 |
| Services. The reestablished encumbrance amounts are hereby | 79665 |
| appropriated. | 79666 |
| EQUAL OPPORTUNITY SERVICES | 79667 |
| The foregoing appropriation item 100457, Equal Opportunity | 79668 |
| Services, shall be used to pay costs associated with the | 79669 |
| certification of businesses for participation in the Minority | 79670 |
| Business Enterprise and Encouraging Diversity, Growth and Equity | 79671 |
| Programs that were formerly paid from appropriation item 100439, | 79672 |
| Equal Opportunity Certification Programs; the activities of the | 79673 |
| Ohio Dr. Martin Luther King, Jr. Holiday Commission that were | 79674 |
| formerly paid from appropriation item 100451, Minority Affairs; | 79675 |
| and the monitoring of equal employment opportunity (EEO) and | 79676 |
| affirmative action requirements to ensure contractors bidding on | 79677 |
| and receiving contracts comply with EEO laws, rules, and | 79678 |
| regulations that were formerly paid from appropriation item | 79679 |
| 102321, Construction Compliance. The Director of Budget and | 79680 |
| Management shall cancel any existing encumbrances against | 79681 |
| appropriation items 100439, Equal Opportunity Certification | 79682 |
| Programs; 100451, Minority Affairs; and 102321, Construction | 79683 |
| Compliance, and reestablish them against appropriation item | 79684 |
| 100457, Equal Opportunity Services. The reestablished encumbrance | 79685 |
| amounts are hereby appropriated. | 79686 |
| STATE CONSTRUCTION MANAGEMENT SERVICES | 79687 |
| The foregoing appropriation item 100458, State Construction | 79688 |
| Management Services, shall be used to pay costs of statewide | 79689 |
| shared construction-related services and capital improvement | 79690 |
| project management services provided through the state's | 79691 |
| enterprise resource planning system. | 79692 |
| CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE | 79693 |
| HUMAN RESOURCES SERVICES FUND | 79694 |
| Upon request of the Director of Administrative Services, in | 79695 |
| FY 2013, the Director of Budget and Management shall transfer up | 79696 |
| to $975,000 from the Workforce Development Fund (Fund 5D70) to the | 79697 |
| Human Resources Services Fund (Fund 1250) to support one-time | 79698 |
| human resources administration activities for state agencies. | 79699 |
| Sec. 207.20.30. EQUAL OPPORTUNITY PROGRAM | 79700 |
| The Department of Administrative Services, with the approval | 79701 |
| of the Director of Budget and Management, shall establish charges | 79702 |
| for recovering the costs of administering the activities supported | 79703 |
| by the State EEO Fund (Fund 1880). These charges shall be | 79704 |
| deposited to the credit of the State EEO Fund (Fund 1880) upon | 79705 |
| payment made by state agencies, state-supported or state-assisted | 79706 |
| institutions of higher education, and tax-supported agencies, | 79707 |
| municipal corporations, and other political subdivisions of the | 79708 |
| state, for services rendered. | 79709 |
| LEVERAGED ENTERPRISE PURCHASES | 79710 |
| The foregoing appropriation item 100640, Leveraged Enterprise | 79711 |
| Purchases, shall be used by the Department of Administrative | 79712 |
| Services to make information technology purchases for the benefit | 79713 |
| of one or more government entities as authorized under division | 79714 |
| (G) of section 125.18 of the Revised Code. If the Director of | 79715 |
| Administrative Services determines that the existing appropriation | 79716 |
| is insufficient to timely make such purchases, the Director of | 79717 |
| Administrative Services shall seek the approval of the Director of | 79718 |
| Budget and Management to make the requested purchases. Upon the | 79719 |
| approval of the Director of Budget and Management, the additional | 79720 |
| amounts necessary to make the purchases are hereby appropriated. | 79721 |
| Sec. 207.20.90. | 79722 |
| 79723 |
| | 79724 |
| 79725 | |
| 79726 |
| | 79727 |
| 79728 | |
| 79729 | |
| 79730 | |
| 79731 |
| | 79732 |
| 79733 | |
| 79734 | |
| 79735 |
| CASH TRANSFERS TO THE MAJOR IT PURCHASES FUND | 79736 |
| Upon request of the Director of Administrative Services, the | 79737 |
| Director of Budget and Management may transfer up to $4,000,000 | 79738 |
| from the OAKS Support Organization Fund (Fund 5EB0) to the Major | 79739 |
| IT Purchases Fund (Fund 4N60). This amount represents cash | 79740 |
| transferred from Fund 4N60 during fiscal year 2010 pursuant to | 79741 |
| Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General | 79742 |
| Assembly. Any portion of appropriation item 100617, Major IT | 79743 |
| Purchases, that is unencumbered and unexpended at the end of | 79744 |
| fiscal year 2012 is hereby reappropriated for fiscal year 2013. | 79745 |
| Sec. 209.10. AGE DEPARTMENT OF AGING | 79746 |
| General Revenue Fund | 79747 |
| GRF | 490321 | Operating Expenses | $ | 1,501,616 | $ | 79748 | |||||
| GRF | 490410 | Long-Term Care Ombudsman | $ | 482,271 | $ | 79749 | |||||
| GRF | 490411 | Senior Community Services | $ | 7,130,952 | $ | 79750 | |||||
| GRF | 490414 | Alzheimer's Respite | $ | 1,917,740 | $ | 79751 | |||||
| GRF | 490423 | Long-Term Care Budget - State | $ | 3,419,250 | $ | 79752 | |||||
| GRF | 490506 | National Senior Service Corps | $ | 241,413 | $ | 241,413 | 79753 | ||||
| TOTAL GRF General Revenue Fund | $ | 14,693,242 | $ | 79754 | |||||||
| General Services Fund Group | 79755 |
| 4800 | 490606 | Senior Community Outreach and Education | $ | 372,518 | $ | 372,523 | 79756 | ||||
| TOTAL GSF General Services Fund | 79757 | ||||||||||
| Group | $ | 372,518 | $ | 372,523 | 79758 | ||||||
| Federal Special Revenue Fund Group | 79759 |
| 3220 | 490618 | Federal Aging Grants | $ | 14,000,000 | $ | 14,000,000 | 79760 | ||||
| 3C40 | 490623 | Long-Term Care Budget | $ | 3,525,000 | $ | 3,525,000 | 79761 | ||||
| 3M40 | 490612 | Federal Independence Services | $ | 63,655,080 | $ | 63,655,080 | 79762 | ||||
| TOTAL FED Federal Special Revenue | 79763 | ||||||||||
| Fund Group | $ | 81,180,080 | $ | 81,180,080 | 79764 | ||||||
| State Special Revenue Fund Group | 79765 |
| 4C40 | 490609 | Regional Long-Term Care Ombudsman Program | $ | 935,000 | $ | 935,000 | 79766 | ||||
| 5BA0 | 490620 | Ombudsman Support | $ | 750,000 | $ | 750,000 | 79767 | ||||
| 5K90 | 490613 | Long-Term Care Consumers Guide | $ | 1,059,400 | $ | 1,059,400 | 79768 | ||||
| 5W10 | 490616 | Resident Services Coordinator Program | $ | 344,692 | $ | 344,700 | 79769 | ||||
| TOTAL SSR State Special Revenue | 79770 | ||||||||||
| Fund Group | $ | 3,089,092 | $ | 3,089,100 | 79771 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,334,932 | $ | 79772 | |||||||
| Sec. 209.20. LONG-TERM CARE | 79774 |
| Pursuant to an interagency agreement, the Department of Job | 79775 |
|
and Family Services | 79776 |
| perform assessments under section 5111.204 of the Revised Code. | 79777 |
| The Department of Aging shall provide long-term care consultations | 79778 |
| under section 173.42 of the Revised Code to assist individuals in | 79779 |
| planning for their long-term health care needs. | 79780 |
| The Department of Aging shall administer the Medicaid | 79781 |
| waiver-funded PASSPORT Home Care Program, the Choices Program, the | 79782 |
| Assisted Living Program, and the PACE Program as delegated by the | 79783 |
| Department of Job and Family Services in an interagency agreement. | 79784 |
| The foregoing appropriation items 490423, Long-Term Care Budget - | 79785 |
| State, and 490623, Long-Term Care Budget, may be used to support | 79786 |
| the Department of Aging's administrative costs associated with | 79787 |
| operating the PASSPORT, Choices, Assisted Living, and PACE | 79788 |
| programs. | 79789 |
| Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE | 79790 |
| General Revenue Fund | 79791 |
| GRF | 700401 | Animal Disease Control | $ | 3,936,687 | $ | 3,936,687 | 79792 | ||||
| GRF | 700403 | Dairy Division | $ | 1,088,115 | $ | 1,088,115 | 79793 | ||||
| GRF | 700404 | Ohio Proud | $ | 50,000 | $ | 50,000 | 79794 | ||||
| GRF | 700406 | Consumer Analytical Lab | $ | 1,287,556 | $ | 1,287,556 | 79795 | ||||
| GRF | 700407 | Food Safety | $ | 848,792 | $ | 848,792 | 79796 | ||||
| GRF | 700409 | Farmland Preservation | $ | 72,750 | $ | 72,750 | 79797 | ||||
| GRF | 700412 | Weights and Measures | $ | 600,000 | $ | 600,000 | 79798 | ||||
| GRF | 700415 | Poultry Inspection | $ | 392,978 | $ | 392,978 | 79799 | ||||
| GRF | 700418 | Livestock Regulation Program | $ | 1,108,071 | $ | 1,108,071 | 79800 | ||||
| GRF | 700424 | Livestock Testing and Inspections | $ | 102,770 | $ | 102,770 | 79801 | ||||
| GRF | 700499 | Meat Inspection Program - State Share | $ | 4,175,097 | $ | 4,175,097 | 79802 | ||||
| GRF | 700501 | County Agricultural Societies | $ | 391,413 | $ | 391,413 | 79803 | ||||
| TOTAL GRF General Revenue Fund | $ | 14,054,229 | $ | 14,054,229 | 79804 | ||||||
| General Services Fund Group | 79805 |
| 5DA0 | 700644 | Laboratory Administration Support | $ | 1,094,867 | $ | 1,094,867 | 79806 | ||||
| 5GH0 | 700655 | Central Support Indirect Cost | $ | 4,456,842 | $ | 4,456,842 | 79807 | ||||
| TOTAL GSF General Services Fund Group | $ | 5,551,709 | $ | 5,551,709 | 79808 | ||||||
| Federal Special Revenue Fund Group | 79809 |
| 3260 | 700618 | Meat Inspection Program - Federal Share | $ | 4,950,000 | $ | 4,950,000 | 79810 | ||||
| 3360 | 700617 | Ohio Farm Loan Revolving Fund | $ | 150,000 | $ | 150,000 | 79811 | ||||
| 3820 | 700601 | Cooperative Contracts | $ | 2,000,000 | $ | 2,000,000 | 79812 | ||||
| 3AB0 | 700641 | Agricultural Easement | $ | 1,000,000 | $ | 1,000,000 | 79813 | ||||
| 3J40 | 700607 | Indirect Cost | $ | 600,000 | $ | 600,000 | 79814 | ||||
| 3R20 | 700614 | Federal Plant Industry | $ | 1,000,000 | $ | 1,000,000 | 79815 | ||||
| TOTAL FED Federal Special Revenue | 79816 | ||||||||||
| Fund Group | $ | 9,700,000 | $ | 9,700,000 | 79817 | ||||||
| State Special Revenue Fund Group | 79818 |
| 4960 | 700626 | Ohio Grape Industries | $ | 846,611 | $ | 846,611 | 79819 | ||||
| 4970 | 700627 | Commodity Handlers Regulatory Program | $ | 483,402 | $ | 483,402 | 79820 | ||||
| 4C90 | 700605 | Commercial Feed and Seed | $ | 1,816,897 | $ | 1,816,897 | 79821 | ||||
| 4D20 | 700609 | Auction Education | $ | 41,000 | $ | 41,000 | 79822 | ||||
| 4E40 | 700606 | Utility Radiological Safety | $ | 131,785 | $ | 131,785 | 79823 | ||||
| 4P70 | 700610 | Food Safety Inspection | $ | 1,085,836 | $ | 1,085,836 | 79824 | ||||
| 4R00 | 700636 | Ohio Proud Marketing | $ | 30,500 | $ | 30,500 | 79825 | ||||
| 4R20 | 700637 | Dairy Industry Inspection | $ | 1,758,247 | $ | 1,758,247 | 79826 | ||||
| 4T60 | 700611 | Poultry and Meat Inspection | $ | 180,000 | $ | 180,000 | 79827 | ||||
| 4T70 | 700613 | Ohio Proud International and Domestic Market Development | $ | 50,000 | $ | 50,000 | 79828 | ||||
| 5780 | 700620 | Ride Inspection Fees | $ | 1,175,142 | $ | 1,175,142 | 79829 | ||||
| 5B80 | 700629 | Auctioneers | $ | 359,823 | $ | 359,823 | 79830 | ||||
| 5FC0 | 700648 | Plant Pest Program | $ | 1,164,000 | $ | 1,164,000 | 79831 | ||||
| 5H20 | 700608 | Metrology Lab and Scale Certification | $ | 750,000 | $ | 750,000 | 79832 | ||||
| 5HP0 | 700656 | Livestock Care Standards Board | $ | 80,000 | $ | 80,000 | 79833 | ||||
| 5L80 | 700604 | Livestock Management Program | $ | 584,000 | $ | 584,000 | 79834 | ||||
| 6520 | 700634 | Animal and Consumer Analytical Laboratory | $ | 4,366,383 | $ | 4,366,383 | 79835 | ||||
| 6690 | 700635 | Pesticide, Fertilizer, and Lime Inspection Program | $ | 3,418,041 | $ | 3,418,041 | 79836 | ||||
| TOTAL SSR State Special Revenue | 79837 | ||||||||||
| Fund Group | $ | 18,321,667 | $ | 18,321,667 | 79838 | ||||||
| Clean Ohio Conservation Fund Group | 79839 |
| 7057 | 700632 | Clean Ohio Agricultural Easement | $ | 310,000 | $ | 310,000 | 79840 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 310,000 | $ | 310,000 | 79841 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 47,937,605 | $ | 47,937,605 | 79842 | ||||||
| COUNTY AGRICULTURAL SOCIETIES | 79843 |
| The foregoing appropriation item 700501, County Agricultural | 79844 |
| Societies, shall be used to reimburse county and independent | 79845 |
| agricultural societies for expenses related to Junior Fair | 79846 |
| activities. | 79847 |
| ABOLISHMENT OF VARIOUS FUNDS | 79848 |
| Upon the effective date of this amendment, or as soon as | 79849 |
| possible thereafter, the Director of Budget and Management shall | 79850 |
| transfer the cash balances in the following twelve funds to the | 79851 |
| Indirect Cost Fund (Fund 5GH0): (1) the Federal Grants Fund (Fund | 79852 |
| 3X60), (2) the Specialty Crops Support Fund (Fund 3X70), (3) the | 79853 |
| Fruits and Vegetables Fund (Fund 4930), (4) the Dairy Fund (Fund | 79854 |
| 4V00), (5) the Animal Industry Fund (Fund 4VS0), (6) the Scale | 79855 |
| Certification Fund (Fund 5790), (7) the Weights and Measures | 79856 |
| Permits Fund (Fund 58F0), (8) the Food Policy Council Fund (Fund | 79857 |
| 5FD0), (9) the Sustainable Agriculture Fund (Fund 5FE0), (10) the | 79858 |
| Pilot Farmland Preservation Fund (Fund 5GS0), (11) the Farm | 79859 |
| Service Electronic Filing Fund (Fund SY70), and (12) the Seed Fund | 79860 |
| (Fund SZ40). Upon completion of the cash transfers, the funds from | 79861 |
| which the required cash transfers were made are abolished. The | 79862 |
| Director shall cancel any existing encumbrances against applicable | 79863 |
| line items within the abolished funds and re-establish them | 79864 |
| against Fund 5GH0 appropriation item 700655, Central Support | 79865 |
| Indirect Cost. The re-established encumbrance amounts are hereby | 79866 |
| appropriated. | 79867 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 79868 |
| The foregoing appropriation item 700632, Clean Ohio | 79869 |
| Agricultural Easement, shall be used by the Department of | 79870 |
| Agriculture in administering Ohio Agricultural Easement Fund (Fund | 79871 |
| 7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to | 79872 |
| 5301.70 of the Revised Code. | 79873 |
| Sec. 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 79874 |
| SERVICES | 79875 |
| General Revenue Fund | 79876 |
| GRF | 038401 | Treatment Services | $ | 11,225,590 | $ | 7,020,974 | 79877 | ||||
| GRF | 038404 | Prevention Services | $ | 868,659 | $ | 868,659 | 79878 | ||||
| GRF | 038501 | Medicaid Match | $ | 23,959,113 | $ | 0 | 79879 | ||||
| TOTAL GRF General Revenue Fund | $ | 36,053,362 | $ | 7,889,633 | 79880 | ||||||
| General Services Fund | 79881 |
| 5T90 | 038616 | Problem Gambling Services | $ | 335,000 | $ | 335,000 | 79882 | ||||
| TOTAL GSF General Services Fund Group | $ | 335,000 | $ | 335,000 | 79883 | ||||||
| Federal Special Revenue Fund Group | 79884 |
| 3G40 | 038614 | Substance Abuse Block Grant | $ | 69,000,000 | $ | 69,000,000 | 79885 | ||||
| 3H80 | 038609 | Demonstration Grants | $ | 8,675,580 | $ | 8,675,580 | 79886 | ||||
| 3J80 | 038610 | Medicaid | $ | 69,200,000 | $ | 0 | 79887 | ||||
| 3N80 | 038611 | Administrative Reimbursement | $ | 300,000 | $ | 300,000 | 79888 | ||||
| TOTAL FED Federal Special Revenue | 79889 | ||||||||||
| Fund Group | $ | 147,175,580 | $ | 77,975,580 | 79890 | ||||||
| State Special Revenue Fund Group | 79891 |
| 4750 | 038621 | Statewide Treatment and Prevention | $ | 16,000,000 | $ | 14,000,000 | 79892 | ||||
| 5JL0 | 038629 | Problem Casino Gambling and Addictions Fund | $ | 226,612 | $ | 5,446,364 | 79893 | ||||
| 5JW0 | 038615 | Board Match Reimbursement | $ | 3,000,000 | $ | 3,000,000 | 79894 | ||||
| 6890 | 038604 | Education and Conferences | $ | 75,000 | $ | 75,000 | 79895 | ||||
| TOTAL SSR State Special Revenue | 79896 | ||||||||||
| Fund Group | $ | $ | 79897 | ||||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 79898 | ||||||||
| Sec. 223.10. AGO ATTORNEY GENERAL | 79900 |
| General Revenue Fund | 79901 |
| GRF | 055321 | Operating Expenses | $ | 42,514,169 | $ | 42,514,169 | 79902 | ||||
| GRF | 055405 | Law-Related Education | $ | 100,000 | $ | 100,000 | 79903 | ||||
| GRF | 055411 | County Sheriffs' Pay Supplement | $ | 757,921 | $ | 757,921 | 79904 | ||||
| GRF | 055415 | County Prosecutors' Pay Supplement | $ | 831,499 | $ | 831,499 | 79905 | ||||
| TOTAL GRF General Revenue Fund | $ | 44,203,589 | $ | 44,203,589 | 79906 | ||||||
| General Services Fund Group | 79907 |
| 1060 | 055612 | General Reimbursement | $ | 43,357,968 | $ | 43,011,277 | 79908 | ||||
| 1950 | 055660 | Workers' Compensation Section | $ | 8,415,504 | $ | 8,415,504 | 79909 | ||||
| 4180 | 055615 | Charitable Foundations | $ | 7,286,000 | $ | 7,286,000 | 79910 | ||||
| 4200 | 055603 | Attorney General Antitrust | $ | 1,871,674 | $ | 1,839,074 | 79911 | ||||
| 4210 | 055617 | Police Officers' Training Academy Fee | $ | 2,124,942 | $ | 2,088,805 | 79912 | ||||
| 4Z20 | 055609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,529,685 | $ | 1,521,731 | 79913 | ||||
| 5900 | 055633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 79914 | ||||
| 5A90 | 055618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 79915 | ||||
| 5L50 | 055619 | Law Enforcement Assistance Program | $ | 300,222 | $ | 0 | 79916 | ||||
| 5LR0 | 055655 | Peace Officer Training - Casino | $ | 192,620 | $ | 4,629,409 | 79917 | ||||
| 6310 | 055637 | Consumer Protection Enforcement | $ | 3,799,115 | $ | 3,718,973 | 79918 | ||||
| TOTAL GSF General Services Fund | 79919 | ||||||||||
| Group | $ | $ | 79920 | ||||||||
| Federal Special Revenue Fund Group | 79921 |
| 3060 | 055620 | Medicaid Fraud Control | $ | 4,211,235 | $ | 4,122,399 | 79922 | ||||
| 3810 | 055611 | Civil Rights Legal Service | $ | 402,540 | $ | 402,540 | 79923 | ||||
| 3830 | 055634 | Crime Victims Assistance | $ | 13,000,000 | $ | 13,000,000 | 79924 | ||||
| 3E50 | 055638 | Attorney General Pass-Through Funds | $ | 1,223,606 | $ | 1,222,172 | 79925 | ||||
| 3R60 | 055613 | Attorney General Federal Funds | $ | 3,823,251 | $ | 3,673,251 | 79926 | ||||
| TOTAL FED Federal Special Revenue | 79927 | ||||||||||
| Fund Group | $ | 22,660,632 | $ | 22,420,362 | 79928 | ||||||
| State Special Revenue Fund Group | 79929 |
| 4020 | 055616 | Victims of Crime | $ | 26,000,000 | $ | 26,000,000 | 79930 | ||||
| 4170 | 055621 | Domestic Violence Shelter | $ | 25,000 | $ | 25,000 | 79931 | ||||
| 4190 | 055623 | Claims Section | $ | 44,197,843 | $ | 41,953,025 | 79932 | ||||
| 4L60 | 055606 | DARE Programs | $ | 4,477,962 | $ | 4,477,962 | 79933 | ||||
| 4Y70 | 055608 | Title Defect Recision | $ | 600,000 | $ | 600,000 | 79934 | ||||
| 6590 | 055641 | Solid and Hazardous Waste Background Investigations | $ | 662,227 | $ | 651,049 | 79935 | ||||
| TOTAL SSR State Special Revenue | 79936 | ||||||||||
| Fund Group | $ | 75,963,032 | $ | 73,707,036 | 79937 | ||||||
| Holding Account Redistribution Fund Group | 79938 |
| R004 | 055631 | General Holding Account | $ | 1,000,000 | $ | 1,000,000 | 79939 | ||||
| R005 | 055632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 79940 | ||||
| R018 | 055630 | Consumer Frauds | $ | 750,000 | $ | 750,000 | 79941 | ||||
| R042 | 055601 | Organized Crime Commission Distributions | $ | 25,025 | $ | 25,025 | 79942 | ||||
| R054 | 055650 | Collection Outside Counsel Payments | $ | 4,500,000 | $ | 4,500,000 | 79943 | ||||
| TOTAL 090 Holding Account | 79944 | ||||||||||
| Redistribution Fund Group | $ | 6,276,025 | $ | 6,276,025 | 79945 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 79946 |
| J087 | 055635 | Law Enforcement Technology, Training, and Facility Enhancements | $ | 2,300,000 | $ | 0 | 79947 | ||||
| U087 | 055402 | Tobacco Settlement Oversight, Administration, and Enforcement | $ | 2,527,992 | $ | 2,514,690 | 79948 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 4,827,992 | $ | 2,514,690 | 79949 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 79950 | ||||||||
| COUNTY SHERIFFS' PAY SUPPLEMENT | 79951 |
| The foregoing appropriation item 055411, County Sheriffs' Pay | 79952 |
| Supplement, shall be used for the purpose of supplementing the | 79953 |
| annual compensation of county sheriffs as required by section | 79954 |
| 325.06 of the Revised Code. | 79955 |
| At the request of the Attorney General, the Director of | 79956 |
| Budget and Management may transfer appropriation from | 79957 |
| appropriation item 055321, Operating Expenses, to appropriation | 79958 |
| item 055411, County Sheriffs' Pay Supplement. Any appropriation so | 79959 |
| transferred shall be used to supplement the annual compensation of | 79960 |
| county sheriffs as required by section 325.06 of the Revised Code. | 79961 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 79962 |
| The foregoing appropriation item 055415, County Prosecutors' | 79963 |
| Pay Supplement, shall be used for the purpose of supplementing the | 79964 |
| annual compensation of certain county prosecutors as required by | 79965 |
| section 325.111 of the Revised Code. | 79966 |
| At the request of the Attorney General, the Director of | 79967 |
| Budget and Management may transfer appropriation from | 79968 |
| appropriation item 055321, Operating Expenses, to appropriation | 79969 |
| item 055415, County Prosecutors' Pay Supplement. Any appropriation | 79970 |
| so transferred shall be used to supplement the annual compensation | 79971 |
| of county prosecutors as required by section 325.111 of the | 79972 |
| Revised Code. | 79973 |
| GENERAL REIMBURSEMENT FUND | 79974 |
| Notwithstanding any other provision of law to the contrary, | 79975 |
| on July 1, 2011, or as soon as possible thereafter, the Director | 79976 |
| of Budget and Management shall transfer $160,000 cash from the | 79977 |
| General Revenue Fund to the General Reimbursement Fund (Fund 1060) | 79978 |
| used by the Office of the Attorney General. | 79979 |
| WORKERS' COMPENSATION SECTION | 79980 |
| The Workers' Compensation Fund (Fund 1950) is entitled to | 79981 |
| receive payments from the Bureau of Workers' Compensation and the | 79982 |
| Ohio Industrial Commission at the beginning of each quarter of | 79983 |
| each fiscal year to fund legal services to be provided to the | 79984 |
| Bureau of Workers' Compensation and the Ohio Industrial Commission | 79985 |
| during the ensuing quarter. The advance payment shall be subject | 79986 |
| to adjustment. | 79987 |
| In addition, the Bureau of Workers' Compensation shall | 79988 |
| transfer payments at the beginning of each quarter for the support | 79989 |
| of the Workers' Compensation Fraud Unit. | 79990 |
| All amounts shall be mutually agreed upon by the Attorney | 79991 |
| General, the Bureau of Workers' Compensation, and the Ohio | 79992 |
| Industrial Commission. | 79993 |
| ATTORNEY GENERAL PASS-THROUGH FUNDS | 79994 |
| The foregoing appropriation item 055638, Attorney General | 79995 |
| Pass-Through Funds, shall be used to receive federal grant funds | 79996 |
| provided to the Attorney General by other state agencies, | 79997 |
| including, but not limited to, the Department of Youth Services | 79998 |
| and the Department of Public Safety. | 79999 |
| GENERAL HOLDING ACCOUNT | 80000 |
| The foregoing appropriation item 055631, General Holding | 80001 |
| Account, shall be used to distribute moneys under the terms of | 80002 |
| relevant court orders or other settlements received in a variety | 80003 |
| of cases involving the Office of the Attorney General. If it is | 80004 |
| determined that additional amounts are necessary for this purpose, | 80005 |
| the amounts are hereby appropriated. | 80006 |
| ANTITRUST SETTLEMENTS | 80007 |
| The foregoing appropriation item 055632, Antitrust | 80008 |
| Settlements, shall be used to distribute moneys under the terms of | 80009 |
| relevant court orders or other out of court settlements in | 80010 |
| antitrust cases or antitrust matters involving the Office of the | 80011 |
| Attorney General. If it is determined that additional amounts are | 80012 |
| necessary for this purpose, the amounts are hereby appropriated. | 80013 |
| CONSUMER FRAUDS | 80014 |
| The foregoing appropriation item 055630, Consumer Frauds, | 80015 |
| shall be used for distribution of moneys from court-ordered | 80016 |
| judgments against sellers in actions brought by the Office of | 80017 |
| Attorney General under sections 1334.08 and 4549.48 and division | 80018 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 80019 |
| used to provide restitution to consumers victimized by the fraud | 80020 |
| that generated the court-ordered judgments. If it is determined | 80021 |
| that additional amounts are necessary for this purpose, the | 80022 |
| amounts are hereby appropriated. | 80023 |
| ORGANIZED CRIME COMMISSION DISTRIBUTIONS | 80024 |
| The foregoing appropriation item 055601, Organized Crime | 80025 |
| Commission Distributions, shall be used by the Organized Crime | 80026 |
| Investigations Commission, as provided by section 177.011 of the | 80027 |
| Revised Code, to reimburse political subdivisions for the expenses | 80028 |
| the political subdivisions incur when their law enforcement | 80029 |
| officers participate in an organized crime task force. If it is | 80030 |
| determined that additional amounts are necessary for this purpose, | 80031 |
| the amounts are hereby appropriated. | 80032 |
| COLLECTION OUTSIDE COUNSEL PAYMENTS | 80033 |
| The foregoing appropriation item 055650, Collection Outside | 80034 |
| Counsel Payments, shall be used for the purpose of paying | 80035 |
| contingency counsel fees for cases where debtors mistakenly paid | 80036 |
| the client agencies instead of the Attorney General's Revenue | 80037 |
| Recovery/Collections Enforcement Section. If it is determined that | 80038 |
| additional amounts are necessary for this purpose, the amounts are | 80039 |
| hereby appropriated. | 80040 |
| Sec. 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT | 80041 |
| General Revenue Fund | 80042 |
| GRF | 042321 | Budget Development and Implementation | $ | 2,362,025 | $ | 80043 | |||||
| GRF | 042409 | Commission Closures | $ | 50,000 | $ | 50,000 | 80044 | ||||
| GRF | 042416 | Office of Health Transformation | $ | 306,285 | $ | 80045 | |||||
| GRF | 042423 | Liquor Enterprise Transaction | $ | 500,000 | $ | 0 | 80046 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,218,310 | $ | 80047 | |||||||
| General Services Fund Group | 80048 |
| 1050 | 042603 | State Accounting and Budgeting | $ | $ | 80049 | ||||||
| 5N40 | 042602 | OAKS Project Implementation | $ | 1,358,000 | $ | 80050 | |||||
| 5Z80 | 042608 | Office of Health Transformation Administration | $ | 57,752 | $ | 0 | 80051 | ||||
| TOTAL GSF General Services Fund Group | $ | $ | 80052 | ||||||||
| Federal Special Revenue Fund Group | 80053 |
| 3CM0 | 042606 | Office of Health Transformation - Federal | $ | 384,037 | $ | 80054 | |||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 384,037 | $ | 80055 | |||||||
| Agency Fund Group | 80056 |
| 5EH0 | 042604 | Forgery Recovery | $ | 50,000 | $ | 80057 | |||||
| TOTAL AGY Agency Fund Group | $ | 50,000 | $ | 80058 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 80059 | ||||||||
| COMMISSION CLOSURES | 80060 |
| The foregoing appropriation item 042409, Commission Closures, | 80061 |
| may be used to pay obligations associated with the closure of the | 80062 |
| Commission on Dispute Resolution and Conflict Management, the | 80063 |
| School Employees Health Care Board, the Legal Rights Service, and | 80064 |
| the Workers' Compensation Council. Notwithstanding any provision | 80065 |
| of law to the contrary, this appropriation item may also be used | 80066 |
| to pay final payroll expenses occurring after the closure of the | 80067 |
| Commission on Dispute Resolution and Conflict Management, the | 80068 |
| School Employees Health Care Board, the Legal Rights Service, and | 80069 |
| the Workers' Compensation Council in the event that appropriations | 80070 |
| or cash in the closing agency are insufficient to do so. | 80071 |
| The Director of Budget and Management may request Controlling | 80072 |
| Board approval for funds to be transferred to appropriation item | 80073 |
| 042409, Commission Closures, from appropriation item 911614, CB | 80074 |
| Emergency Purposes, for anticipated expenses associated with | 80075 |
| agency closures. | 80076 |
| LIQUOR ENTERPRISE TRANSACTION | 80077 |
| The foregoing appropriation item 042423, Liquor Enterprise | 80078 |
| Transaction, shall be used by the Director of Budget and | 80079 |
| Management, without need for any other approval, to retain or | 80080 |
| contract for the services of commercial appraisers, underwriters, | 80081 |
| investment bankers, and financial advisers, as are necessary in | 80082 |
| the Director's judgment to commence negotiation of the transfer | 80083 |
| agreement referred to in sections 4313.01 and 4313.02 of the | 80084 |
|
Revised Code, as enacted by | 80085 |
| 129th General Assembly. Any amounts expended from appropriation | 80086 |
| item 042423 shall be reimbursed from the proceeds of the | 80087 |
| enterprise acquisition project transaction authorized in those | 80088 |
| sections. | 80089 |
| The Director of Budget and Management, in consultation with | 80090 |
| the Director of Commerce, may negotiate an initial agreement with | 80091 |
| JobsOhio, which shall be executed by the Directors of Budget and | 80092 |
| Management and Commerce upon its completion. | 80093 |
| AUDIT COSTS AND DUES | 80094 |
| All centralized audit costs associated with either Single | 80095 |
| Audit Schedules or financial statements prepared in conformance | 80096 |
| with generally accepted accounting principles for the state shall | 80097 |
| be paid from the foregoing appropriation item 042603, State | 80098 |
| Accounting and Budgeting. | 80099 |
| Costs associated with the audit of the Auditor of State and | 80100 |
| national association dues shall be paid from the foregoing | 80101 |
| appropriation item 042321, Budget Development and Implementation. | 80102 |
| SHARED SERVICES CENTER | 80103 |
| The Director of Budget and Management shall use the OAKS | 80104 |
| Project Implementation Fund (Fund 5N40) and the Accounting and | 80105 |
| Budgeting Fund (Fund 1050) to support a Shared Services Center | 80106 |
| within the Office of Budget and Management for the purpose of | 80107 |
| consolidating statewide business functions and common | 80108 |
| transactional processes. | 80109 |
| The Director of Budget and Management shall include the | 80110 |
| recovery of costs to operate the Shared Services Center in the | 80111 |
| accounting and budgeting services payroll rate and through a | 80112 |
| direct charge using intrastate transfer vouchers to agencies for | 80113 |
| services rendered. The Director of Budget and Management shall | 80114 |
| determine the cost recovery methodology. Such cost recovery | 80115 |
| revenues shall be deposited to the credit of Fund 1050. | 80116 |
| INTERNAL CONTROL AND AUDIT OVERSIGHT | 80117 |
| The Director of Budget and Management shall include the | 80118 |
| recovery of costs to operate the Internal Control and Audit | 80119 |
| Oversight Program in the accounting and budgeting services payroll | 80120 |
| rate and through a direct charge using intrastate transfer | 80121 |
| vouchers to agencies reviewed by the program. The Director of | 80122 |
| Budget and Management, with advice from the Internal Audit | 80123 |
| Advisory Council, shall determine the cost recovery methodology. | 80124 |
| Such cost recovery revenues shall be deposited to the credit of | 80125 |
| the Accounting and Budgeting Fund (Fund 1050). | 80126 |
| FORGERY RECOVERY | 80127 |
| The foregoing appropriation item 042604, Forgery Recovery, | 80128 |
| shall be used to reissue warrants that have been certified as | 80129 |
| forgeries by the rightful recipient as determined by the Bureau of | 80130 |
| Criminal Identification and Investigation and the Treasurer of | 80131 |
| State. Upon receipt of funds to cover the reissuance of the | 80132 |
| warrant, the Director of Budget and Management shall reissue a | 80133 |
| state warrant of the same amount. | 80134 |
| GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND | 80135 |
| On July 1 of each fiscal year, or as soon as possible | 80136 |
| thereafter, the Director of Budget and Management shall transfer | 80137 |
| an amount not to exceed $1,100,000 in cash from the General | 80138 |
| Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40). | 80139 |
| Sec. 243.10. COM DEPARTMENT OF COMMERCE | 80140 |
| General Services Fund Group | 80141 |
| 1630 | 800620 | Division of Administration | $ | 6,200,000 | $ | 6,200,000 | 80142 | ||||
| 1630 | 800637 | Information Technology | $ | 5,999,892 | $ | 6,011,977 | 80143 | ||||
| 5430 | 800602 | Unclaimed Funds-Operating | $ | 7,836,107 | $ | 7,841,473 | 80144 | ||||
| 5430 | 800625 | Unclaimed Funds-Claims | $ | 69,700,000 | $ | 80145 | |||||
| 5F10 | 800635 | Small Government Fire Departments | $ | 300,000 | $ | 300,000 | 80146 | ||||
| TOTAL GSF General Services Fund | 80147 | ||||||||||
| Group | $ | 90,035,999 | $ | 80148 | |||||||
| Federal Special Revenue Fund Group | 80149 |
| 3480 | 800622 | Underground Storage Tanks | $ | 1,129,518 | $ | 1,129,518 | 80150 | ||||
| 3480 | 800624 | Leaking Underground Storage Tanks | $ | 1,556,211 | $ | 1,556,211 | 80151 | ||||
| TOTAL FED Federal Special Revenue | 80152 | ||||||||||
| Fund Group | $ | 2,685,729 | $ | 2,685,729 | 80153 | ||||||
| State Special Revenue Fund Group | 80154 |
| 4B20 | 800631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 80155 | ||||
| 4H90 | 800608 | Cemeteries | $ | 268,067 | $ | 268,293 | 80156 | ||||
| 4X20 | 800619 | Financial Institutions | $ | 2,186,271 | $ | 80157 | |||||
| 5440 | 800612 | Banks | $ | 7,242,364 | $ | 80158 | |||||
| 5450 | 800613 | Savings Institutions | $ | 2,257,220 | $ | 2,259,536 | 80159 | ||||
| 5460 | 800610 | Fire Marshal | $ | 15,400,000 | $ | 80160 | |||||
| 5460 | 800639 | Fire Department Grants | $ | 1,698,802 | $ | 1,698,802 | 80161 | ||||
| 5470 | 800603 | Real Estate Education/Research | $ | 125,000 | $ | 80162 | |||||
| 5480 | 800611 | Real Estate Recovery | $ | 25,000 | $ | 25,000 | 80163 | ||||
| 5490 | 800614 | Real Estate | $ | 3,413,708 | $ | 3,332,308 | 80164 | ||||
| 5500 | 800617 | Securities | $ | 4,312,434 | $ | 80165 | |||||
| 5520 | 800604 | Credit Union | $ | 3,450,390 | $ | 80166 | |||||
| 5530 | 800607 | Consumer Finance | $ | 3,613,016 | $ | 80167 | |||||
| 5560 | 800615 | Industrial Compliance | $ | 27,639,372 | $ | 80168 | |||||
| 5FW0 | 800616 | Financial Literacy Education | $ | 240,000 | $ | 80169 | |||||
| 5GK0 | 800609 | Securities Investor Education/Enforcement | $ | 1,135,000 | $ | 80170 | |||||
| 5HV0 | 800641 | Cigarette Enforcement | $ | 120,000 | $ | 80171 | |||||
| 5LN0 | 800645 | Liquor Operating Services | $ | 0 | $ | 5,500,000 | 80172 | ||||
| 5LP0 | 800646 | Liquor Regulatory Operating Expense | $ | 0 | $ | 8,500,000 | 80173 | ||||
| 5X60 | 800623 | Video Service | $ | 340,299 | $ | 80174 | |||||
| 6530 | 800629 | UST Registration/Permit Fee | $ | 1,854,675 | $ | 80175 | |||||
| 6A40 | 800630 | Real Estate Appraiser-Operating | $ | 699,565 | $ | 648,890 | 80176 | ||||
| TOTAL SSR State Special Revenue | 80177 | ||||||||||
| Fund Group | $ | 76,056,183 | $ | 80178 | |||||||
| Liquor Control Fund Group | 80179 |
| 7043 | 800601 | Merchandising | $ | 472,209,274 | $ | 0 | 80180 | ||||
| 7043 | 800627 | Liquor Control Operating | $ | 13,398,274 | $ | 80181 | |||||
| 7043 | 800633 | Development Assistance Debt Service | $ | 51,973,200 | $ | 0 | 80182 | ||||
| 7043 | 800636 | Revitalization Debt Service | $ | 21,129,800 | $ | 0 | 80183 | ||||
| TOTAL LCF Liquor Control | 80184 | ||||||||||
| Fund Group | $ | 558,710,548 | $ | 80185 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 727,488,459 | $ | 80186 | |||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 80187 |
| Notwithstanding section 3737.17 of the Revised Code, the | 80188 |
| foregoing appropriation item 800635, Small Government Fire | 80189 |
| Departments, may be used to provide loans to private fire | 80190 |
| departments. | 80191 |
| UNCLAIMED FUNDS PAYMENTS | 80192 |
| The foregoing appropriation item 800625, Unclaimed | 80193 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 80194 |
| the Revised Code. If it is determined that additional amounts are | 80195 |
| necessary, the amounts are appropriated. | 80196 |
| UNCLAIMED FUNDS TRANSFERS | 80197 |
| Notwithstanding division (A) of section 169.05 of the Revised | 80198 |
| Code, during the FY 2012-FY 2013 biennium, the Director of Budget | 80199 |
| and Management shall request the Director of Commerce to transfer | 80200 |
| to the General Revenue Fund up to $215,000,000 of unclaimed funds | 80201 |
| that have been reported by holders of unclaimed funds under | 80202 |
| section 169.05 of the Revised Code, irrespective of the allocation | 80203 |
| of the unclaimed funds under that section. The Director of | 80204 |
| Commerce shall transfer the funds at the times requested by the | 80205 |
| Director of Budget and Management. | 80206 |
| FIRE DEPARTMENT GRANTS | 80207 |
| Of the foregoing appropriation item 800639, Fire Department | 80208 |
| Grants, up to $1,647,140 in each fiscal year shall be used to make | 80209 |
| annual grants to the following eligible recipients: volunteer fire | 80210 |
| departments, fire departments that serve one or more small | 80211 |
| municipalities or small townships, joint fire districts comprised | 80212 |
| of fire departments that primarily serve small municipalities or | 80213 |
| small townships, local units of government responsible for such | 80214 |
| fire departments, and local units of government responsible for | 80215 |
| the provision of fire protection services for small municipalities | 80216 |
| or small townships. For the purposes of these grants, a private | 80217 |
| fire company, as that phrase is defined in section 9.60 of the | 80218 |
| Revised Code, that is providing fire protection services under a | 80219 |
| contract to a political subdivision of the state, is an additional | 80220 |
| eligible recipient for a training grant. | 80221 |
| Eligible recipients that consist of small municipalities or | 80222 |
| small townships that all intend to contract with the same fire | 80223 |
| department or private fire company for fire protection services | 80224 |
| may jointly apply and be considered for a grant. If a joint | 80225 |
| applicant is awarded a grant, the State Fire Marshal shall, if | 80226 |
| feasible, proportionately award the grant and any equipment | 80227 |
| purchased with grant funds to each of the joint applicants based | 80228 |
| upon each applicant's contribution to and demonstrated need for | 80229 |
| fire protection services. | 80230 |
| If the grant awarded to joint applicants is an equipment | 80231 |
| grant and the equipment to be purchased cannot be readily | 80232 |
| distributed or possessed by multiple recipients, each of the joint | 80233 |
| applicants shall be awarded by the State Fire Marshal an ownership | 80234 |
| interest in the equipment so purchased in proportion to each | 80235 |
| applicant's contribution to and demonstrated need for fire | 80236 |
| protection services. The joint applicants shall then mutually | 80237 |
| agree on how the equipment is to be maintained, operated, stored, | 80238 |
| or disposed of. If, for any reason, the joint applicants cannot | 80239 |
| agree as to how jointly owned equipment is to be maintained, | 80240 |
| operated, stored, or disposed of or any of the joint applicants no | 80241 |
| longer maintain a contract with the same fire protection service | 80242 |
| provider as the other applicants, then the joint applicants shall, | 80243 |
| with the assistance of the State Fire Marshal, mutually agree as | 80244 |
| to how the jointly owned equipment is to be maintained, operated, | 80245 |
| stored, disposed of, or owned. If the joint applicants cannot | 80246 |
| agree how the grant equipment is to be maintained, operated, | 80247 |
| stored, disposed of, or owned, the State Fire Marshal may, in its | 80248 |
| discretion, require all of the equipment acquired by the joint | 80249 |
| applicants with grant funds to be returned to the State Fire | 80250 |
| Marshal. The State Fire Marshal may then award the returned | 80251 |
| equipment to any eligible recipients. | 80252 |
| The grants shall be used by recipients to purchase | 80253 |
| firefighting or rescue equipment or gear or similar items, to | 80254 |
| provide full or partial reimbursement for the documented costs of | 80255 |
| firefighter training, or, at the discretion of the State Fire | 80256 |
| Marshal, to cover fire department costs for providing fire | 80257 |
| protection services in that grant recipient's jurisdiction. | 80258 |
| Grant awards for firefighting or rescue equipment or gear or | 80259 |
| for fire department costs of providing fire protection services | 80260 |
| shall be up to $15,000 per fiscal year, or up to $25,000 per | 80261 |
| fiscal year if an eligible entity serves a jurisdiction in which | 80262 |
| the Governor declared a natural disaster during the preceding or | 80263 |
| current fiscal year in which the grant was awarded. In addition to | 80264 |
| any grant funds awarded for rescue equipment or gear, or for fire | 80265 |
| department costs associated with the provision of fire protection | 80266 |
| services, an eligible entity may receive a grant for up to $15,000 | 80267 |
| per fiscal year for full or partial reimbursement of the | 80268 |
| documented costs of firefighter training. For each fiscal year, | 80269 |
| the State Fire Marshal shall determine the total amounts to be | 80270 |
| allocated for each eligible purpose. | 80271 |
| The grant program shall be administered by the State Fire | 80272 |
| Marshal in accordance with rules the State Fire Marshal adopts as | 80273 |
| part of the state fire code adopted pursuant to section 3737.82 of | 80274 |
| the Revised Code that are necessary for the administration and | 80275 |
| operation of the grant program. The rules may further define the | 80276 |
| entities eligible to receive grants and establish criteria for the | 80277 |
| awarding and expenditure of grant funds, including methods the | 80278 |
| State Fire Marshal may use to verify the proper use of grant funds | 80279 |
| or to obtain reimbursement for or the return of equipment for | 80280 |
| improperly used grant funds. Any amounts in appropriation item | 80281 |
| 800639, Fire Department Grants, in excess of the amount allocated | 80282 |
| for these grants may be used for the administration of the grant | 80283 |
| program. | 80284 |
| CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR | 80285 |
| EDUCATION AND ENFORCEMENT EXPENSE FUND | 80286 |
| The Director of Budget and Management, upon the request of | 80287 |
| the Director of Commerce, shall transfer up to $485,000 in cash in | 80288 |
| each fiscal year from the Division of Securities Fund (Fund 5500) | 80289 |
| to the Division of Securities Investor Education and Enforcement | 80290 |
| Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised | 80291 |
| Code. | 80292 |
| CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND | 80293 |
| The Director of Budget and Management, upon the request of | 80294 |
| the Director of Commerce, shall transfer up to $340,000 in cash in | 80295 |
| each fiscal year from the Division of Administration Fund (Fund | 80296 |
| 1630) to the Video Service Authorization Fund (Fund 5X60). | 80297 |
| INCREASED APPROPRIATION - MERCHANDISING | 80298 |
| The foregoing appropriation item 800601, Merchandising, shall | 80299 |
| be used under section 4301.12 of the Revised Code. If it is | 80300 |
| determined that additional expenditures are necessary, the amounts | 80301 |
| are hereby appropriated. | 80302 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 80303 |
| The foregoing appropriation item 800633, Development | 80304 |
| Assistance Debt Service, shall be used to pay debt service and | 80305 |
| related financing costs at the times they are required to be made | 80306 |
| during the period from July 1, 2011, to June 30, 2012, for bond | 80307 |
| service charges on obligations issued under Chapter 166. of the | 80308 |
| Revised Code. If it is determined that additional appropriations | 80309 |
| are necessary for this purpose, such amounts are appropriated, | 80310 |
| subject to the limitations set forth in section 166.11 of the | 80311 |
| Revised Code. An appropriation for this purpose is not required, | 80312 |
|
but is made in this form and in | 80313 |
| 129th General Assembly for record purposes only. | 80314 |
| REVITALIZATION DEBT SERVICE | 80315 |
| The foregoing appropriation item 800636, Revitalization Debt | 80316 |
| Service, shall be used to pay debt service and related financing | 80317 |
| costs at the times they are required to be made pursuant to | 80318 |
| sections 151.01 and 151.40 of the Revised Code during the period | 80319 |
| from July 1, 2011, to June 30, 2012. If it is determined that | 80320 |
| additional appropriations are necessary for this purpose, such | 80321 |
| amounts are hereby appropriated. The General Assembly acknowledges | 80322 |
| the priority of the pledge of a portion of receipts from that | 80323 |
| source to obligations issued and to be issued under Chapter 166. | 80324 |
| of the Revised Code. | 80325 |
| LIQUOR CONTROL FUND TRANSFER | 80326 |
| On January 1, 2012, or as soon as possible thereafter, the | 80327 |
| Director of Budget and Management may transfer up to $10,600,000 | 80328 |
| in cash from the General Revenue Fund to the Liquor Control Fund | 80329 |
| (Fund 7043) for the liquor permitting and compliance functions of | 80330 |
| the Division of Liquor Control in the Department of Commerce and | 80331 |
| for the operations of the Liquor Control Commission and the | 80332 |
| Department of Public Safety pursuant to Chapter 4301. of the | 80333 |
| Revised Code. | 80334 |
| On July 1, 2012, or as soon as possible thereafter, the | 80335 |
| Director of Budget and Management may transfer up to $21,800,000 | 80336 |
| in cash from the General Revenue Fund to the Liquor Control Fund | 80337 |
| (Fund 7043) for the liquor permitting and compliance functions of | 80338 |
| the Division of Liquor Control in the Department of Commerce and | 80339 |
| for the operations of the Liquor Control Commission and the | 80340 |
| Department of Public Safety pursuant to Chapter 4301. of the | 80341 |
| Revised Code. | 80342 |
| On July 1, 2012, or as soon as possible thereafter, the | 80343 |
| Director of Budget and Management shall transfer $500,000 in cash | 80344 |
| from the Liquor Control Fund (Fund 7043) to the State Liquor | 80345 |
| Regulatory Fund (Fund 5LP0) created in section 4301.30 of the | 80346 |
| Revised Code. | 80347 |
| ADMINISTRATIVE ASSESSMENTS | 80348 |
| Notwithstanding any other provision of law to the contrary, | 80349 |
| the Division of Administration Fund (Fund 1630) is entitled to | 80350 |
| receive assessments from all operating funds of the Department in | 80351 |
| accordance with procedures prescribed by the Director of Commerce | 80352 |
| and approved by the Director of Budget and Management. | 80353 |
| Sec. 247.10. CEB CONTROLLING BOARD | 80354 |
| General Revenue Fund | 80355 |
| GRF | 911404 | Mandate Assistance | $ | 2,750,000 | $ | 0 | 80356 | ||||
| GRF | 911441 | Ballot Advertising Costs | $ | 475,000 | $ | 475,000 | 80357 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,225,000 | $ | 475,000 | 80358 | ||||||
| General Services Fund Group | 80359 |
| 5KM0 | 911614 | CB Emergency Purposes | $ | 10,000,000 | $ | 10,000,000 | 80360 | ||||
| TOTAL GSF General Services Fund Group | $ | 10,000,000 | $ | 10,000,000 | 80361 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,225,000 | $ | 10,475,000 | 80362 | ||||||
| FEDERAL SHARE | 80363 |
| In transferring appropriations to or from appropriation items | 80364 |
| that have federal shares identified in this act, the Controlling | 80365 |
| Board shall add or subtract corresponding amounts of federal | 80366 |
| matching funds at the percentages indicated by the state and | 80367 |
| federal division of the appropriations in this act. Such changes | 80368 |
| are hereby appropriated. | 80369 |
| REDISTRICTING IMPLEMENTATION | 80370 |
| The foregoing appropriation item 911404, Mandate Assistance, | 80371 |
| shall be used in a method prescribed by the Secretary of State and | 80372 |
| transferred by the Director of Budget and Management to implement | 80373 |
| this act, which includes remapping and reprecincting counties, and | 80374 |
| reprogramming database systems and voting machines. At the end of | 80375 |
| fiscal year 2012, an amount equal to the unexpended, unencumbered | 80376 |
| portion of appropriation item 911404, Mandate Assistance, is | 80377 |
| hereby reappropriated in fiscal year 2013 for the same purpose. | 80378 |
| DISASTER SERVICES | 80379 |
| Pursuant to requests submitted by the Department of Public | 80380 |
| Safety, the Controlling Board may approve transfers from the | 80381 |
| Disaster Services Fund (5E20) to a fund and appropriation item | 80382 |
| used by the Department of Public Safety to provide for assistance | 80383 |
| to political subdivisions made necessary by natural disasters or | 80384 |
| emergencies. These transfers may be requested and approved prior | 80385 |
| to the occurrence of any specific natural disasters or emergencies | 80386 |
| in order to facilitate the provision of timely assistance. The | 80387 |
| Emergency Management Agency of the Department of Public Safety | 80388 |
| shall use the funding to fund the State Disaster Relief Program | 80389 |
| for disasters that have been declared by the Governor, and the | 80390 |
| State Individual Assistance Program for disasters that have been | 80391 |
| declared by the Governor and the federal Small Business | 80392 |
| Administration. The Ohio Emergency Management Agency shall publish | 80393 |
| and make available application packets outlining procedures for | 80394 |
| the State Disaster Relief Program and the State Individual | 80395 |
| Assistance Program. | 80396 |
| Fund 5E20 shall be used by the Controlling Board, pursuant to | 80397 |
| requests submitted by state agencies, to transfer cash and | 80398 |
| appropriations to any fund and appropriation item for the payment | 80399 |
| of state agency disaster relief program expenses for disasters | 80400 |
| declared by the Governor, if the Director of Budget and Management | 80401 |
| determines that sufficient funds exist. | 80402 |
| Upon the request of the Department of Public Safety, the | 80403 |
| Controlling Board may release up to $3,000,000 for Blanchard River | 80404 |
| flood mitigation projects. | 80405 |
| BALLOT ADVERTISING COSTS | 80406 |
| Pursuant to section 3501.17 of the Revised Code, and upon | 80407 |
| requests submitted by the Secretary of State, the Controlling | 80408 |
| Board shall approve transfers from the foregoing appropriation | 80409 |
| item 911441, Ballot Advertising Costs, to appropriation item | 80410 |
| 050621, Statewide Ballot Advertising, in order to pay for the cost | 80411 |
| of public notices associated with statewide ballot initiatives. | 80412 |
| CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS | 80413 |
| ELIGIBILITY | 80414 |
| A state agency director shall request that the Controlling | 80415 |
| Board increase the amount of the agency's capital appropriations | 80416 |
| if the director determines such an increase is necessary for the | 80417 |
| agency to receive and use funds under the federal American | 80418 |
| Recovery and Reinvestment Act of 2009. The Controlling Board may | 80419 |
| increase the capital appropriations pursuant to the request up to | 80420 |
| the exact amount necessary under the federal act if the Board | 80421 |
| determines it is necessary for the agency to receive and use those | 80422 |
| federal funds. | 80423 |
| Sec. 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES | 80424 |
| General Revenue Fund | 80425 |
| GRF | 320321 | Central Administration | $ | 4,422,794 | $ | 4,422,794 | 80426 | ||||
| GRF | 320412 | Protective Services | $ | 2,174,826 | $ | 1,957,343 | 80427 | ||||
| GRF | 320415 | Lease-Rental Payments | $ | 18,394,250 | $ | 80428 | |||||
| GRF | 322407 | Medicaid State Match | $ | 218,034,162 | $ | 214,902,506 | 80429 | ||||
| GRF | 322420 | Screening and Early Intervention | $ | 0 | $ | 300,000 | 80430 | ||||
| GRF | 322451 | Family Support Services | $ | 5,932,758 | $ | 5,932,758 | 80431 | ||||
| GRF | 322501 | County Boards Subsidies | $ | 40,906,365 | $ | 44,449,280 | 80432 | ||||
| GRF | 322503 | Tax Equity | $ | 14,000,000 | $ | 14,000,000 | 80433 | ||||
| TOTAL GRF General Revenue Fund | $ | 303,865,155 | $ | 80434 | |||||||
| General Services Fund Group | 80435 |
| 1520 | 323609 | Developmental Center and Residential Operating Services | $ | 3,414,317 | $ | 3,414,317 | 80436 | ||||
| TOTAL GSF General Services Fund Group | $ | 3,414,317 | $ | 3,414,317 | 80437 | ||||||
| Federal Special Revenue Fund Group | 80438 |
| 3A50 | 320613 | DD Council | $ | 3,341,572 | $ | 3,341,572 | 80439 | ||||
| 3250 | 322612 | Community Social Service Programs | $ | 11,017,754 | $ | 10,604,896 | 80440 | ||||
| 3DZ0 | 322648 | Enhanced Medicaid - Federal | $ | 10,000,000 | $ | 0 | 80441 | ||||
| 3G60 | 322639 | Medicaid Waiver - Federal | $ | 866,566,007 | $ | 985,566,007 | 80442 | ||||
| 3M70 | 322650 | CAFS Medicaid | $ | 29,349,502 | $ | 80443 | |||||
| 3A40 | 323605 | Developmental Center and Residential Facility Services and Support | $ | 180,266,029 | $ | 80444 | |||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,100,540,864 | $ | 80445 | |||||||
| State Special Revenue Fund Group | 80446 |
| 5GE0 | 320606 | Operating and Services | $ | 7,406,609 | $ | 7,407,297 | 80447 | ||||
| 2210 | 322620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 80448 | ||||
| 4K80 | 322604 | Medicaid Waiver - State Match | $ | 12,000,000 | $ | 12,000,000 | 80449 | ||||
| 5CT0 | 322632 | Intensive Behavioral Needs | $ | 1,000,000 | $ | 1,000,000 | 80450 | ||||
| 5DJ0 | 322625 | Targeted Case Management Match | $ | 21,000,000 | $ | 24,000,000 | 80451 | ||||
| 5DJ0 | 322626 | Targeted Case Management Services | $ | 57,307,357 | $ | 66,000,000 | 80452 | ||||
| 5DK0 | 322629 | Capital Replacement Facilities | $ | 750,000 | $ | 750,000 | 80453 | ||||
| 5EV0 | 322627 | Program Fees | $ | 685,000 | $ | 685,000 | 80454 | ||||
| 5H00 | 322619 | Medicaid Repayment | $ | 160,000 | $ | 160,000 | 80455 | ||||
| 5JX0 | 322651 | Interagency Workgroup - Autism | $ | 45,000 | 45,000 | 80456 | |||||
| 5Z10 | 322624 | County Board Waiver Match | $ | 235,000,000 | $ | 290,000,000 | 80457 | ||||
| 4890 | 323632 | Developmental Center Direct Care Support | $ | 16,497,170 | $ | 16,497,169 | 80458 | ||||
| 5S20 | 590622 | Medicaid Administration & Oversight | $ | 20,875,567 | $ | 21,727,540 | 80459 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 372,876,703 | $ | 440,422,006 | 80460 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,780,697,039 | $ | 80461 | |||||||
| Sec. 263.10.30. | 80463 |
| The foregoing appropriation item 322420, Screening and Early | 80464 |
| Intervention, shall be used for screening and early intervention | 80465 |
| programs for children with autism selected by the Director. | 80466 |
| FAMILY SUPPORT SERVICES SUBSIDY | 80467 |
| (A) The foregoing appropriation item 322451, Family Support | 80468 |
| Services, may be used as follows in fiscal year 2012 and fiscal | 80469 |
| year 2013: | 80470 |
| (1) The appropriation item may be used to provide a subsidy | 80471 |
| to county boards of developmental disabilities for family support | 80472 |
| services provided under section 5126.11 of the Revised Code. The | 80473 |
| subsidy shall be paid in quarterly installments and allocated to | 80474 |
| county boards according to a formula the Director of Developmental | 80475 |
| Disabilities shall develop in consultation with representatives of | 80476 |
| county boards. A county board shall use not more than seven per | 80477 |
| cent of its subsidy for administrative costs. | 80478 |
| (2) The appropriation item may be used to distribute funds to | 80479 |
| county boards for the purpose of addressing economic hardships and | 80480 |
| to promote efficiency of operations. In consultation with | 80481 |
| representatives of county boards, the Director shall determine the | 80482 |
| amount of funds to distribute for these purposes and the criteria | 80483 |
| for distributing the funds. | 80484 |
| (B) Each county board shall submit reports to the Department | 80485 |
| of Developmental Disabilities on the use of funds received under | 80486 |
| this section. The reports shall be submitted at the times and in | 80487 |
| the manner specified in rules the Director shall adopt in | 80488 |
| accordance with Chapter 119. of the Revised Code. | 80489 |
| Sec. 263.10.90. TARGETED CASE MANAGEMENT SERVICES | 80490 |
| County boards of developmental disabilities shall pay the | 80491 |
| nonfederal portion of targeted case management costs to the | 80492 |
| Department of Developmental Disabilities. | 80493 |
| The Directors of Developmental Disabilities and Job and | 80494 |
| Family Services may enter into an interagency agreement under | 80495 |
| which the Department of Developmental Disabilities shall transfer | 80496 |
| cash from the Targeted Case Management Fund (Fund 5DJ0) to the | 80497 |
| 80498 | |
|
Recoveries Fund (Fund | 80499 |
| Family Services in an amount equal to the nonfederal portion of | 80500 |
| the cost of targeted case management services paid by county | 80501 |
| boards, and the Department of Job and Family Services shall pay | 80502 |
| the total cost of targeted case management claims. The transfer | 80503 |
| shall be made using an intrastate transfer voucher. | 80504 |
| Sec. 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 80505 |
| PHARMACY PROGRAMS | 80506 |
| The Director of Developmental Disabilities shall quarterly | 80507 |
| transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the | 80508 |
| 80509 | |
|
Recoveries Fund (Fund | 80510 |
| Family Services, in an amount equal to the nonfederal share of | 80511 |
| Medicaid prescription drug claim costs for all developmental | 80512 |
| centers paid by the Department of Job and Family Services. The | 80513 |
| quarterly transfer shall be made using an intrastate transfer | 80514 |
| voucher. | 80515 |
| Sec. 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS SERVING | 80516 |
| FORMER RESIDENTS OF DEVELOPMENTAL CENTERS OR RESIDENTS OF | 80517 |
| CONVERTED FACILITIES | 80518 |
| | 80519 |
| means an intermediate care facility for the mentally retarded as | 80520 |
| defined in section 5111.20 of the Revised Code, or former | 80521 |
| intermediate care facility for the mentally retarded, that | 80522 |
| converted some or all of its beds to providing home and | 80523 |
| community-based services under the Individual Options Waiver | 80524 |
| pursuant to section 5111.874 of the Revised Code. | 80525 |
| (B) Subject to approval by the Centers for Medicare and | 80526 |
| Medicaid Services, the Department of Job and Family Services shall | 80527 |
| increase the rate paid to a provider under the Individual Options | 80528 |
| Waiver by fifty-two cents for each fifteen minutes of routine | 80529 |
| homemaker/personal care provided to an individual for up to a year | 80530 |
| if all of the following apply: | 80531 |
| | 80532 |
| center or converted facility immediately prior to enrollment in | 80533 |
| the waiver; | 80534 |
| | 80535 |
| July 1, 2011; | 80536 |
| | 80537 |
| that the increased rate is warranted by the individual's special | 80538 |
| circumstances, including the individual's diagnosis, service | 80539 |
| needs, or length of stay at the developmental center or converted | 80540 |
| facility, and that serving the individual through the Individual | 80541 |
| Options Waiver is fiscally prudent for the Medicaid program. | 80542 |
| Sec. 267.10. EDU DEPARTMENT OF EDUCATION | 80543 |
| General Revenue Fund | 80544 |
| GRF | 200100 | Personal Services | $ | 8,579,178 | $ | 80545 | |||||
| GRF | 200320 | Maintenance and Equipment | $ | 2,830,407 | $ | 80546 | |||||
| GRF | 200321 | Operating Expenses | $ | 0 | $ | 13,142,780 | 80547 | ||||
| GRF | 200408 | Early Childhood Education | $ | 23,268,341 | $ | 23,268,341 | 80548 | ||||
| GRF | 200416 | Career-Technical Education Match | $ | 2,233,195 | $ | 80549 | |||||
| GRF | 200420 | $ | 4,241,296 | $ | 4,241,296 | 80550 | |||||
| GRF | 200421 | Alternative Education Programs | $ | 7,403,998 | $ | 7,403,998 | 80551 | ||||
| GRF | 200422 | School Management Assistance | $ | 2,842,812 | $ | 3,000,000 | 80552 | ||||
| GRF | 200424 | Policy Analysis | $ | 328,558 | $ | 328,558 | 80553 | ||||
| GRF | 200425 | Tech Prep Consortia Support | $ | 260,542 | $ | 260,542 | 80554 | ||||
| GRF | 200426 | Ohio Educational Computer Network | $ | 17,974,489 | $ | 17,974,489 | 80555 | ||||
| GRF | 200427 | Academic Standards | $ | 4,346,060 | $ | 3,700,000 | 80556 | ||||
| GRF | 200437 | Student Assessment | $ | 55,002,167 | $ | 55,002,167 | 80557 | ||||
| GRF | 200439 | Accountability/Report Cards | $ | 3,579,279 | $ | 3,579,279 | 80558 | ||||
| GRF | 200442 | Child Care Licensing | $ | 827,140 | $ | 827,140 | 80559 | ||||
| GRF | 200446 | Education Management Information System | $ | 6,833,070 | $ | 6,833,070 | 80560 | ||||
| GRF | 200447 | GED Testing | $ | 879,551 | $ | 879,551 | 80561 | ||||
| GRF | 200448 | Educator Preparation | $ | 786,737 | $ | 786,737 | 80562 | ||||
| GRF | 200455 | Community Schools and Choice Programs | $ | 2,200,000 | $ | 2,200,000 | 80563 | ||||
| GRF | 200502 | Pupil Transportation | $ | 438,248,936 | $ | 442,113,527 | 80564 | ||||
| GRF | 200505 | School Lunch Match | $ | 9,100,000 | $ | 9,100,000 | 80565 | ||||
| GRF | 200511 | Auxiliary Services | $ | 124,194,099 | $ | 126,194,099 | 80566 | ||||
| GRF | 200532 | Nonpublic Administrative Cost Reimbursement | $ | 56,164,384 | $ | 57,006,850 | 80567 | ||||
| GRF | 200540 | Special Education Enhancements | $ | 135,820,668 | $ | 135,820,668 | 80568 | ||||
| GRF | 200545 | Career-Technical Education Enhancements | $ | 8,802,699 | $ | 8,802,699 | 80569 | ||||
| GRF | 200550 | Foundation Funding | $ | 5,536,347,861 | $ | 5,610,290,686 | 80570 | ||||
| GRF | 200901 | Property Tax Allocation - Education | $ | 1,086,500,000 | $ | 1,095,000,000 | 80571 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,539,595,467 | $ | 80572 | |||||||
| General Services Fund Group | 80573 |
| 1380 | 200606 | $ | 7,600,090 | $ | 80574 | ||||||
| 4520 | 200638 | $ | 300,000 | $ | 300,000 | 80575 | |||||
| 4L20 | 200681 | Teacher Certification and Licensure | $ | 8,147,756 | $ | 8,147,756 | 80576 | ||||
| 5960 | 200656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 80577 | ||||
| 5H30 | 200687 | School District Solvency Assistance | $ | 25,000,000 | $ | 25,000,000 | 80578 | ||||
| TOTAL GSF General Services | 80579 | ||||||||||
| Fund Group | $ | 41,577,607 | $ | 80580 | |||||||
| Federal Special Revenue Fund Group | 80581 |
| 3090 | 200601 | Neglected and Delinquent Education | $ | 2,168,642 | $ | 2,168,642 | 80582 | ||||
| 3670 | 200607 | School Food Services | $ | 6,803,472 | $ | 6,959,906 | 80583 | ||||
| 3690 | 200616 | Career-Technical Education Federal Enhancement | $ | 5,000,000 | $ | 5,000,000 | 80584 | ||||
| 3700 | 200624 | Education of Exceptional Children | $ | 1,905,000 | $ | 0 | 80585 | ||||
| 3780 | 200660 | Learn and Serve | $ | 619,211 | $ | 619,211 | 80586 | ||||
| 3AF0 | 200603 | Schools Medicaid Administrative Claims | $ | 639,000 | $ | 639,000 | 80587 | ||||
| 3AN0 | 200671 | School Improvement Grants | $ | 20,400,000 | $ | 20,400,000 | 80588 | ||||
| 3AX0 | 200698 | Improving Health and Educational Outcomes of Young People | $ | 630,954 | $ | 630,954 | 80589 | ||||
| 3BK0 | 200628 | Longitudinal Data Systems | $ | 500,000 | $ | 250,000 | 80590 | ||||
| 3C50 | 200661 | Early Childhood Education | $ | 14,554,749 | $ | 14,554,749 | 80591 | ||||
| 3CG0 | 200646 | Teacher Incentive Fund | $ | 1,925,881 | $ | 0 | 80592 | ||||
| 3D10 | 200664 | Drug Free Schools | $ | 1,500,000 | $ | 0 | 80593 | ||||
| 3D20 | 200667 | Math Science Partnerships | $ | 9,500,001 | $ | 9,500,001 | 80594 | ||||
| 3DG0 | 200630 | Federal Stimulus - McKinney Vento Grants | $ | 330,512 | $ | 0 | 80595 | ||||
| 3DJ0 | 200699 | IDEA Part B - Federal Stimulus | $ | 21,886,803 | $ | 0 | 80596 | ||||
| 3DK0 | 200642 | Title 1A - Federal Stimulus | $ | 18,633,673 | $ | 0 | 80597 | ||||
| 3DL0 | 200650 | IDEA Preschool - Federal Stimulus | $ | 670,000 | $ | 0 | 80598 | ||||
| 3DM0 | 200651 | Title IID Technology - Federal Stimulus | $ | 1,195,100 | $ | 0 | 80599 | ||||
| 3DP0 | 200652 | Title I School Improvement - Federal Stimulus | $ | 48,500,000 | $ | 30,000,000 | 80600 | ||||
| 3EC0 | 200653 | Teacher Incentive - Federal Stimulus | $ | 7,500,000 | $ | 7,500,000 | 80601 | ||||
| 3EH0 | 200620 | Migrant Education | $ | 2,645,905 | $ | 2,645,905 | 80602 | ||||
| 3EJ0 | 200622 | Homeless Children Education | $ | 1,759,782 | $ | 1,759,782 | 80603 | ||||
| 3EN0 | 200655 | State Data Systems - Federal Stimulus | $ | 2,500,000 | $ | 2,500,000 | 80604 | ||||
| 3ES0 | 200657 | General Supervisory Enhancement Grant | $ | 500,000 | $ | 500,000 | 80605 | ||||
| 3ET0 | 200658 | Education Jobs Fund | $ | 300,000,000 | $ | 50,000,000 | 80606 | ||||
| 3FD0 | 200665 | Race to the Top | $ | 100,000,000 | $ | 100,000,000 | 80607 | ||||
| 3FE0 | 200669 | Striving Readers | $ | 180,000 | $ | 100,000 | 80608 | ||||
| 3H90 | 200605 | Head Start Collaboration Project | $ | 225,000 | $ | 225,000 | 80609 | ||||
| 3L60 | 200617 | Federal School Lunch | $ | 327,516,539 | $ | 337,323,792 | 80610 | ||||
| 3L70 | 200618 | Federal School Breakfast | $ | 87,596,850 | $ | 90,224,756 | 80611 | ||||
| 3L80 | 200619 | Child/Adult Food Programs | $ | 100,850,833 | $ | 103,876,359 | 80612 | ||||
| 3L90 | 200621 | Career-Technical Education Basic Grant | $ | 48,466,864 | $ | 48,466,864 | 80613 | ||||
| 3M00 | 200623 | ESEA Title 1A | $ | 530,010,000 | $ | 530,010,000 | 80614 | ||||
| 3M20 | 200680 | Individuals with Disabilities Education Act | $ | 443,170,050 | $ | 443,170,050 | 80615 | ||||
| 3S20 | 200641 | Education Technology | $ | 9,487,397 | $ | 9,487,397 | 80616 | ||||
| 3T40 | 200613 | Public Charter Schools | $ | 14,291,353 | $ | 14,291,353 | 80617 | ||||
| 3Y20 | 200688 | 21st Century Community Learning Centers | $ | 43,720,462 | $ | 45,906,485 | 80618 | ||||
| 3Y60 | 200635 | Improving Teacher Quality | $ | 101,900,000 | $ | 101,900,000 | 80619 | ||||
| 3Y70 | 200689 | English Language Acquisition | $ | 8,373,995 | $ | 8,373,995 | 80620 | ||||
| 3Y80 | 200639 | Rural and Low Income Technical Assistance | $ | 1,500,000 | $ | 1,500,000 | 80621 | ||||
| 3Z20 | 200690 | State Assessments | $ | 11,882,258 | $ | 11,882,258 | 80622 | ||||
| 3Z30 | 200645 | Consolidated Federal Grant Administration | $ | 8,949,280 | $ | 80623 | |||||
| TOTAL FED Federal Special | 80624 | ||||||||||
| Revenue Fund Group | $ | 2,310,389,566 | $ | 80625 | |||||||
| State Special Revenue Fund Group | 80626 |
| 4540 | 200610 | $ | 1,050,000 | $ | 1,050,000 | 80627 | |||||
| 4550 | 200608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 80628 | ||||
| 4R70 | 200695 | Indirect Operational Support | $ | 6,500,000 | $ | 6,600,000 | 80629 | ||||
| 4V70 | 200633 | Interagency |
$ | 1,117,725 | $ | 80630 | |||||
| 5980 | 200659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 80631 | ||||
| 5BB0 | 200696 | State Action for Education Leadership | $ | 231,300 | $ | 0 | 80632 | ||||
| 5BJ0 | 200626 | Half-Mill Maintenance Equalization | $ | 17,300,000 | $ | 18,000,000 | 80633 | ||||
| 5U20 | 200685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 80634 | ||||
| 6200 | 200615 | Educational Improvement Grants | $ | 3,000,000 | $ | 3,000,000 | 80635 | ||||
| TOTAL SSR State Special Revenue | 80636 | ||||||||||
| Fund Group | $ | 54,827,935 | $ | 80637 | |||||||
| Lottery Profits Education Fund Group | 80638 |
| 7017 | 200612 | Foundation Funding | $ | 717,500,000 | $ | 680,500,000 | 80639 | ||||
| TOTAL LPE Lottery Profits | 80640 | ||||||||||
| Education Fund Group | $ | 717,500,000 | $ | 680,500,000 | 80641 | ||||||
| Revenue Distribution Fund Group | 80642 |
| 7047 | 200909 | School District Property Tax Replacement-Business | $ | 722,000,000 | $ | 475,000,000 | 80643 | ||||
| 7053 | 200900 | School District Property Tax Replacement-Utility | $ | 34,000,000 | $ | 30,000,000 | 80644 | ||||
| TOTAL RDF Revenue Distribution | 80645 | ||||||||||
| Fund Group | $ | 756,000,000 | $ | 505,000,000 | 80646 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,419,890,575 | $ | 80647 | |||||||
| Sec. 267.10.10. OPERATING EXPENSES | 80649 |
| The foregoing appropriation item 200321, Operating Expenses, | 80650 |
| shall be used to support the same activities as are supported | 80651 |
| prior to July 1, 2012, by appropriation items 200100, Personal | 80652 |
| Services, and 200320, Maintenance and Equipment. A portion of this | 80653 |
| appropriation item also shall be used by the Department of | 80654 |
| Education to provide matching funds under 20 U.S.C. 2321, which | 80655 |
| are provided by appropriation item 200416, Career-Technical | 80656 |
| Education Match, prior to July 1, 2012. | 80657 |
| On July 1, 2012, or as soon as possible thereafter, the | 80658 |
| Director of Budget and Management shall cancel any existing | 80659 |
| encumbrances against appropriation items 200100, Personal | 80660 |
| Services, 200320, Maintenance and Equipment, and 200416, | 80661 |
| Career-Technical Education Match, and reestablish them against | 80662 |
| appropriation item 200321, Operating Expenses. The reestablished | 80663 |
| encumbrance amounts are hereby appropriated. | 80664 |
| EARLY CHILDHOOD EDUCATION | 80665 |
| The Department of Education shall distribute the foregoing | 80666 |
| appropriation item 200408, Early Childhood Education, to pay the | 80667 |
| costs of early childhood education programs. | 80668 |
| (A) As used in this section: | 80669 |
| (1) "Provider" means a city, local, exempted village, or | 80670 |
| joint vocational school district, or an educational service | 80671 |
| center. | 80672 |
| (2) In the case of a city, local, or exempted village school | 80673 |
| district, "new eligible provider" means a district that did not | 80674 |
| receive state funding for Early Childhood Education in the | 80675 |
| previous fiscal year or demonstrates a need for early childhood | 80676 |
| programs as defined in division (D) of this section. | 80677 |
| (3) "Eligible child" means a child who is at least three | 80678 |
| years of age as of the district entry date for kindergarten, is | 80679 |
| not of the age to be eligible for kindergarten, and whose family | 80680 |
| earns not more than two hundred per cent of the federal poverty | 80681 |
| guidelines as defined in division (A)(3) of section 5101.46 of the | 80682 |
| Revised Code. Children with an Individualized Education Program | 80683 |
| and where the Early Childhood Education program is the least | 80684 |
| restrictive environment may be enrolled on their third birthday. | 80685 |
| (B) In each fiscal year, up to two per cent of the total | 80686 |
| appropriation may be used by the Department for program support | 80687 |
| and technical assistance. The Department shall distribute the | 80688 |
| remainder of the appropriation in each fiscal year to serve | 80689 |
| eligible children. | 80690 |
| (C) The Department shall provide an annual report to the | 80691 |
| Governor, the Speaker of the House of Representatives, and the | 80692 |
| President of the Senate and post the report to the Department's | 80693 |
| web site, regarding early childhood education programs operated | 80694 |
| under this section and the early learning program guidelines. | 80695 |
| (D) After setting aside the amounts to make payments due from | 80696 |
| the previous fiscal year, in fiscal year 2012, the Department | 80697 |
| shall distribute funds first to recipients of funds for early | 80698 |
| childhood education programs under Section 265.10.20 of Am. Sub. | 80699 |
| H.B. 1 of the 128th General Assembly in the previous fiscal year | 80700 |
| and the balance to new eligible providers of early childhood | 80701 |
| education programs under this section or to existing providers to | 80702 |
| serve more eligible children or for purposes of program expansion, | 80703 |
| improvement, or special projects to promote quality and | 80704 |
| innovation. | 80705 |
| After setting aside the amounts to make payments due from the | 80706 |
| previous fiscal year, in fiscal year 2013, the Department shall | 80707 |
| distribute funds first to providers of early childhood education | 80708 |
| programs under this section in the previous fiscal year and the | 80709 |
| balance to new eligible providers or to existing providers to | 80710 |
| serve more eligible children or for purposes of program expansion, | 80711 |
| improvement, or special projects to promote quality and | 80712 |
| innovation. | 80713 |
| Awards under this section shall be distributed on a per-pupil | 80714 |
| basis, and in accordance with division (H) of this section. The | 80715 |
| Department may adjust the per-pupil amount so that the per-pupil | 80716 |
| amount multiplied by the number of eligible children enrolled and | 80717 |
| receiving services on the first day of December or the business | 80718 |
| day closest to that date equals the amount allocated under this | 80719 |
| section. | 80720 |
| (E) Costs for developing and administering an early childhood | 80721 |
| education program may not exceed fifteen per cent of the total | 80722 |
| approved costs of the program. | 80723 |
| All providers shall maintain such fiscal control and | 80724 |
| accounting procedures as may be necessary to ensure the | 80725 |
| disbursement of, and accounting for, these funds. The control of | 80726 |
| funds provided in this program, and title to property obtained, | 80727 |
| shall be under the authority of the approved provider for purposes | 80728 |
| provided in the program unless, as described in division (J) of | 80729 |
| this section, the program waives its right for funding or a | 80730 |
| program's funding is eliminated or reduced due to its inability to | 80731 |
| meet financial or early learning program guidelines. The approved | 80732 |
| provider shall administer and use such property and funds for the | 80733 |
| purposes specified. | 80734 |
| (F) The Department may examine a provider's financial and | 80735 |
| program records. If the financial practices of the program are not | 80736 |
| in accordance with standard accounting principles or do not meet | 80737 |
| financial standards outlined under division (E) of this section, | 80738 |
| or if the program fails to substantially meet the early learning | 80739 |
| program guidelines, meet a quality rating level in the tiered | 80740 |
| quality rating and improvement system developed under section | 80741 |
| 5104.30 of the Revised Code as prescribed by the Department, or | 80742 |
| exhibits below average performance as measured against the | 80743 |
| guidelines, the early childhood education program shall propose | 80744 |
| and implement a corrective action plan that has been approved by | 80745 |
| the Department. The approved corrective action plan shall be | 80746 |
| signed by the chief executive officer and the executive of the | 80747 |
| official governing body of the provider. The corrective action | 80748 |
| plan shall include a schedule for monitoring by the Department. | 80749 |
| Such monitoring may include monthly reports, inspections, a | 80750 |
| timeline for correction of deficiencies, and technical assistance | 80751 |
| to be provided by the Department or obtained by the early | 80752 |
| childhood education program. The Department may withhold funding | 80753 |
| pending corrective action. If an early childhood education program | 80754 |
| fails to satisfactorily complete a corrective action plan, the | 80755 |
| Department may deny expansion funding to the program or withdraw | 80756 |
| all or part of the funding to the program and establish a new | 80757 |
| eligible provider through a selection process established by the | 80758 |
| Department. | 80759 |
| (G) Each early childhood education program shall do all of | 80760 |
| the following: | 80761 |
| (1) Meet teacher qualification requirements prescribed by | 80762 |
| section 3301.311 of the Revised Code; | 80763 |
| (2) Align curriculum to the early learning content standards | 80764 |
| developed by the Department; | 80765 |
| (3) Meet any child or program assessment requirements | 80766 |
| prescribed by the Department; | 80767 |
| (4) Require teachers, except teachers enrolled and working to | 80768 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 80769 |
| to attend a minimum of twenty hours every two years of | 80770 |
| professional development as prescribed by the Department; | 80771 |
| (5) Document and report child progress as prescribed by the | 80772 |
| Department; | 80773 |
| (6) Meet and report compliance with the early learning | 80774 |
| program guidelines as prescribed by the Department; | 80775 |
| (7) Participate in the tiered quality rating and improvement | 80776 |
| system developed under section 5104.30 of the Revised Code. | 80777 |
| Effective July 1, 2016, all programs shall be rated through the | 80778 |
| system. | 80779 |
| (H) Per-pupil funding for programs subject to this section | 80780 |
| shall be sufficient to provide eligible children with services for | 80781 |
| a standard early childhood schedule which shall be defined in this | 80782 |
| section as a minimum of twelve and one-half hours per school week | 80783 |
| as defined in section 3313.62 of the Revised Code for the minimum | 80784 |
| school year as defined in sections 3313.48, 3313.481, and 3313.482 | 80785 |
| of the Revised Code. Nothing in this section shall be construed to | 80786 |
| prohibit program providers from utilizing other funds to serve | 80787 |
| eligible children in programs that exceed the twelve and one-half | 80788 |
| hours per week or that exceed the minimum school year. For any | 80789 |
| provider for which a standard early childhood education schedule | 80790 |
| creates a hardship or for which the provider shows evidence that | 80791 |
| the provider is working in collaboration with a preschool special | 80792 |
| education program, the provider may submit a waiver to the | 80793 |
| Department requesting an alternate schedule. If the Department | 80794 |
| approves a waiver for an alternate schedule that provides services | 80795 |
| for less time than the standard early childhood education | 80796 |
| schedule, the Department may reduce the provider's annual | 80797 |
| allocation proportionately. Under no circumstances shall an annual | 80798 |
| allocation be increased because of the approval of an alternate | 80799 |
| schedule. | 80800 |
| (I) Each provider shall develop a sliding fee scale based on | 80801 |
| family incomes and shall charge families who earn more than two | 80802 |
| hundred per cent of the federal poverty guidelines, as defined in | 80803 |
| division (A)(3) of section 5101.46 of the Revised Code, for the | 80804 |
| early childhood education program. | 80805 |
| The Department shall conduct an annual survey of each | 80806 |
| provider to determine whether the provider charges families | 80807 |
| tuition or fees, the amount families are charged relative to | 80808 |
| family income levels, and the number of families and students | 80809 |
| charged tuition and fees for the early childhood program. | 80810 |
| (J) If an early childhood education program voluntarily | 80811 |
| waives its right for funding, or has its funding eliminated for | 80812 |
| not meeting financial standards or the early learning program | 80813 |
| guidelines, the provider shall transfer control of title to | 80814 |
| property, equipment, and remaining supplies obtained through the | 80815 |
| program to providers designated by the Department and return any | 80816 |
| unexpended funds to the Department along with any reports | 80817 |
| prescribed by the Department. The funding made available from a | 80818 |
| program that waives its right for funding or has its funding | 80819 |
| eliminated or reduced may be used by the Department for new grant | 80820 |
| awards or expansion grants. The Department may award new grants or | 80821 |
| expansion grants to eligible providers who apply. The eligible | 80822 |
| providers who apply must do so in accordance with the selection | 80823 |
| process established by the Department. | 80824 |
| (K) As used in this section, "early learning program | 80825 |
| guidelines" means the guidelines established by the Department | 80826 |
| pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B. | 80827 |
| 66 of the 126th General Assembly. | 80828 |
| (L) Eligible expenditures for the Early Childhood Education | 80829 |
| program shall be claimed each fiscal year to help meet the state's | 80830 |
| TANF maintenance of effort requirement. The Superintendent of | 80831 |
| Public Instruction and the Director of Job and Family Services | 80832 |
| shall enter into an interagency agreement to carry out the | 80833 |
| requirements under this division, which shall include developing | 80834 |
| reporting guidelines for these expenditures. | 80835 |
| Sec. 267.10.20. CAREER-TECHNICAL EDUCATION MATCH | 80836 |
| | 80837 |
| 200416, Career-Technical Education Match, shall be used by the | 80838 |
|
Department of Education to provide | 80839 |
|
matching funds under 20 U.S.C. | 80840 |
| | 80841 |
| 80842 | |
| 80843 | |
| 80844 | |
| 80845 |
| | 80846 |
| DEVELOPMENT AND SUPPORT | 80847 |
| The foregoing appropriation item 200420, | 80848 |
| 80849 | |
| and Support, shall be used to support the development and | 80850 |
| implementation of information technology solutions designed to | 80851 |
| improve the performance and services of the Department of | 80852 |
| Education. Funds may be used for personnel, maintenance, and | 80853 |
| equipment costs related to the development and implementation of | 80854 |
| these technical system projects. Implementation of these systems | 80855 |
| shall allow the Department to provide greater levels of assistance | 80856 |
| to school districts and to provide more timely information to the | 80857 |
| public, including school districts, administrators, and | 80858 |
| legislators. Funds may also be used to support data-driven | 80859 |
| decision-making and differentiated instruction, as well as to | 80860 |
| communicate academic content standards and curriculum models to | 80861 |
| schools through web-based applications. | 80862 |
| Sec. 267.10.40. SCHOOL MANAGEMENT ASSISTANCE | 80863 |
| Of the foregoing appropriation item 200422, School Management | 80864 |
|
Assistance, $1,000,000 in each fiscal year | 80865 |
| 80866 | |
| consultation with the Department of Education for expenses | 80867 |
| incurred in the Auditor of State's role relating to fiscal | 80868 |
| caution, fiscal watch, and fiscal emergency activities as defined | 80869 |
| in Chapter 3316. of the Revised Code and may also be used by the | 80870 |
| Auditor of State to conduct performance audits of other school | 80871 |
| districts with priority given to districts in fiscal distress. | 80872 |
| Districts in fiscal distress shall be determined by the Auditor of | 80873 |
| State and shall include districts that the Auditor of State, in | 80874 |
| consultation with the Department of Education, determines are | 80875 |
| employing fiscal practices or experiencing budgetary conditions | 80876 |
| that could produce a state of fiscal watch or fiscal emergency. | 80877 |
| The remainder of appropriation item 200422, School Management | 80878 |
| Assistance, shall be used by the Department of Education to | 80879 |
| provide fiscal technical assistance and inservice education for | 80880 |
| school district management personnel and to administer, monitor, | 80881 |
| and implement the fiscal caution, fiscal watch, and fiscal | 80882 |
| emergency provisions under Chapter 3316. of the Revised Code. | 80883 |
| Sec. 267.30.20. SPECIAL EDUCATION ENHANCEMENTS | 80884 |
| Of the foregoing appropriation item 200540, Special Education | 80885 |
| Enhancements, up to $2,206,875 in each fiscal year shall be used | 80886 |
| for home instruction for children with disabilities. | 80887 |
| Of the foregoing appropriation item 200540, Special Education | 80888 |
| Enhancements, up to $45,282,959 in each fiscal year shall be used | 80889 |
| to fund special education and related services at county boards of | 80890 |
| developmental disabilities for eligible students under section | 80891 |
| 3317.20 of the Revised Code and at institutions for eligible | 80892 |
| students under section 3317.201 of the Revised Code. | 80893 |
| Notwithstanding the distribution formulas under sections 3317.20 | 80894 |
| and 3317.201 of the Revised Code, funding for DD boards and | 80895 |
| institutions for fiscal year 2012 and fiscal year 2013 shall be | 80896 |
| determined by providing the per pupil amount received by each DD | 80897 |
| board and institution for the prior fiscal year for each student | 80898 |
| served in the current fiscal year. | 80899 |
| Of the foregoing appropriation item 200540, Special Education | 80900 |
| Enhancements, up to $1,333,468 in each fiscal year shall be used | 80901 |
| for parent mentoring programs. | 80902 |
| Of the foregoing appropriation item 200540, Special Education | 80903 |
| Enhancements, up to $2,537,824 in each fiscal year may be used for | 80904 |
| school psychology interns. | 80905 |
| The remainder of appropriation item 200540, Special Education | 80906 |
| Enhancements, shall be distributed by the Department of Education | 80907 |
| to county boards of developmental disabilities, educational | 80908 |
| service centers, and school districts for preschool special | 80909 |
| education units and preschool supervisory units under section | 80910 |
| 3317.052 of the Revised Code. To the greatest extent possible, the | 80911 |
| Department of Education shall allocate these units to school | 80912 |
| districts and educational service centers. | 80913 |
| The Department may reimburse county DD boards, educational | 80914 |
| service centers, and school districts for services provided by | 80915 |
| instructional assistants, related services as defined in rule | 80916 |
| 3301-51-11 of the Administrative Code, physical therapy services | 80917 |
| provided by a licensed physical therapist or physical therapist | 80918 |
| assistant under the supervision of a licensed physical therapist | 80919 |
| as required under Chapter 4755. of the Revised Code and Chapter | 80920 |
| 4755-27 of the Administrative Code and occupational therapy | 80921 |
| services provided by a licensed occupational therapist or | 80922 |
| occupational therapy assistant under the supervision of a licensed | 80923 |
| occupational therapist as required under Chapter 4755. of the | 80924 |
| Revised Code and Chapter 4755-7 of the Administrative Code. | 80925 |
| Nothing in this section authorizes occupational therapy assistants | 80926 |
| or physical therapist assistants to generate or manage their own | 80927 |
| caseloads. | 80928 |
| The Department of Education shall require school districts, | 80929 |
| educational service centers, and county DD boards serving | 80930 |
| preschool children with disabilities to adhere to Ohio's Early | 80931 |
| Learning Program Guidelines, participate in the tiered quality | 80932 |
| rating and improvement system developed under section 5104.30 of | 80933 |
| the Revised Code, and document child progress using research-based | 80934 |
| indicators prescribed by the Department and report results | 80935 |
| annually. The reporting dates and method shall be determined by | 80936 |
| the Department. Effective July 1, 2018, all programs shall be | 80937 |
| rated through the tiered quality rating and improvement system. | 80938 |
| Sec. 267.30.40. FOUNDATION FUNDING | 80939 |
| Of the foregoing appropriation item 200550, Foundation | 80940 |
| Funding, up to $675,000 in each fiscal year shall be used to | 80941 |
| support the work of the College of Education and Human Ecology at | 80942 |
| the Ohio State University in reviewing and assessing the alignment | 80943 |
| of courses offered through the distance learning clearinghouse | 80944 |
| established in sections 3333.81 to 3333.88 of the Revised Code | 80945 |
| with the academic content standards adopted under division (A) of | 80946 |
| section 3301.079 of the Revised Code. | 80947 |
| Of the foregoing appropriation item 200550, Foundation | 80948 |
| Funding, up to $250,000 in each fiscal year may be used by the | 80949 |
| Department to fund a shared services pilot project involving at | 80950 |
| least two educational service centers. The pilot project shall | 80951 |
| focus on the design, implementation, and evaluation of a shared | 80952 |
| service delivery model. The educational service centers | 80953 |
| participating in the pilot project shall submit a report not later | 80954 |
| than September 1, 2013, to the Governor, members of the General | 80955 |
| Assembly, and members of the State Board of Education, reviewing | 80956 |
| the opportunities and challenges of implementing shared services | 80957 |
| initiatives as well as any real or projected cost efficiencies | 80958 |
| achieved through the pilot project. | 80959 |
| Of the foregoing appropriation item 200550, Foundation | 80960 |
| Funding, up to $50,000 shall be expended in each fiscal year for | 80961 |
| court payments under section 2151.362 of the Revised Code. | 80962 |
| Of the foregoing appropriation item 200550, Foundation | 80963 |
| Funding, up to $8,100,000 in each fiscal year shall be used to | 80964 |
| fund gifted education at educational service centers. | 80965 |
| Notwithstanding division (D)(5) of section 3317.018 of the Revised | 80966 |
| Code, the Department shall distribute the funding through the | 80967 |
| unit-based funding methodology in place under division (L) of | 80968 |
| section 3317.024, division (E) of section 3317.05, and divisions | 80969 |
| (A), (B), and (C) of section 3317.053 of the Revised Code as they | 80970 |
| existed prior to fiscal year 2010. | 80971 |
| Of the foregoing appropriation item 200550, Foundation | 80972 |
| Funding, up to $10,000,000 in each fiscal year shall be used to | 80973 |
| provide additional state aid to school districts, joint vocational | 80974 |
| school districts, and community schools for special education | 80975 |
| students under division (C)(3) of section 3317.022 of the Revised | 80976 |
| Code, except that the Controlling Board may increase these amounts | 80977 |
| if presented with such a request from the Department of Education | 80978 |
| at the final meeting of the fiscal year; and up to $2,000,000 in | 80979 |
| each fiscal year shall be reserved for Youth Services tuition | 80980 |
| payments under section 3317.024 of the Revised Code. | 80981 |
| Of the foregoing appropriation item 200550, Foundation | 80982 |
| Funding, up to $41,760,000 in fiscal year 2012 and up to | 80983 |
| $35,496,000 in fiscal year 2013 shall be reserved to fund the | 80984 |
| state reimbursement of educational service centers under section | 80985 |
| 3317.11 of the Revised Code and the section of this act entitled | 80986 |
| "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in | 80987 |
| each fiscal year shall be distributed to educational service | 80988 |
| centers for School Improvement Initiatives. Educational service | 80989 |
| centers shall be required to support districts in the development | 80990 |
| and implementation of their continuous improvement plans as | 80991 |
| required in section 3302.04 of the Revised Code and to provide | 80992 |
| technical assistance and support in accordance with Title I of the | 80993 |
| "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. | 80994 |
| 6317. | 80995 |
| Of the foregoing appropriation item 200550, Foundation | 80996 |
| Funding, up to $700,000 in each fiscal year shall be used by the | 80997 |
| Department of Education for a program to pay for educational | 80998 |
| services for youth who have been assigned by a juvenile court or | 80999 |
| other authorized agency to any of the facilities described in | 81000 |
| division (A) of the section of this act entitled "PRIVATE | 81001 |
| TREATMENT FACILITY PROJECT." | 81002 |
| Of the foregoing appropriation item 200550, Foundation | 81003 |
| Funding, up to $12,522,860 in each fiscal year shall be used to | 81004 |
|
support | 81005 |
| Of the portion of the funds distributed to the Cleveland | 81006 |
| Municipal School District under this section, up to $11,901,887 in | 81007 |
| each fiscal year shall be used to operate the school choice | 81008 |
| program in the Cleveland Municipal School District under sections | 81009 |
| 3313.974 to 3313.979 of the Revised Code. Notwithstanding | 81010 |
| divisions (B) and (C) of section 3313.978 and division (C) of | 81011 |
| section 3313.979 of the Revised Code, up to $1,000,000 in each | 81012 |
| fiscal year of this amount shall be used by the Cleveland | 81013 |
| Municipal School District to provide tutorial assistance as | 81014 |
| provided in division (H) of section 3313.974 of the Revised Code. | 81015 |
| The Cleveland Municipal School District shall report the use of | 81016 |
| these funds in the district's three-year continuous improvement | 81017 |
| plan as described in section 3302.04 of the Revised Code in a | 81018 |
| manner approved by the Department of Education. | 81019 |
| Of the foregoing appropriation item 200550, Foundation | 81020 |
| Funding, an amount shall be available in each fiscal year to be | 81021 |
| paid to joint vocational school districts in accordance with the | 81022 |
| section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL | 81023 |
| DISTRICTS." | 81024 |
| Of the foregoing appropriation item 200550, Foundation | 81025 |
| Funding, a portion in each fiscal year shall be paid to city, | 81026 |
| exempted village, and local school districts in accordance with | 81027 |
| the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT | 81028 |
| FUNDING." | 81029 |
| Of the foregoing appropriation item 200550, Foundation | 81030 |
| Funding, a portion in each fiscal year shall be paid to school | 81031 |
| districts and community schools in accordance with the section of | 81032 |
| this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS." | 81033 |
| The remainder of appropriation item 200550, Foundation | 81034 |
| Funding, shall be used to distribute the amounts calculated for | 81035 |
| formula aid under Section 267.30.50 of this act. | 81036 |
| Appropriation items 200502, Pupil Transportation, 200540, | 81037 |
| Special Education Enhancements, and 200550, Foundation Funding, | 81038 |
| other than specific set-asides, are collectively used in each | 81039 |
| fiscal year to pay state formula aid obligations for school | 81040 |
| districts, community schools, STEM schools, and joint vocational | 81041 |
| school districts under this act. The first priority of these | 81042 |
| appropriation items, with the exception of specific set-asides, is | 81043 |
| to fund state formula aid obligations. It may be necessary to | 81044 |
| reallocate funds among these appropriation items or use excess | 81045 |
| funds from other general revenue fund appropriation items in the | 81046 |
| Department of Education's budget in each fiscal year, in order to | 81047 |
| meet state formula aid obligations. If it is determined that it is | 81048 |
| necessary to transfer funds among these appropriation items or to | 81049 |
| transfer funds from other General Revenue Fund appropriations in | 81050 |
| the Department of Education's budget to meet state formula aid | 81051 |
| obligations, the Department of Education shall seek approval from | 81052 |
| the Controlling Board to transfer funds as needed. | 81053 |
| Sec. 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY | 81054 |
| General Services Fund Group | 81055 |
| 1990 | 715602 | Laboratory Services | $ | 402,295 | $ | 408,560 | 81056 | ||||
| 2190 | 715604 | Central Support Indirect | $ | 8,594,348 | $ | 8,555,680 | 81057 | ||||
| 4A10 | 715640 | Operating Expenses | $ | 2,304,267 | $ | 2,093,039 | 81058 | ||||
| 4D50 | 715618 | Recycled State Materials | $ | 0 | $ | 50,000 | 81059 | ||||
| TOTAL GSF General Services | 81060 | ||||||||||
| Fund Group | $ | 11,300,910 | $ | 81061 | |||||||
| Federal Special Revenue Fund Group | 81062 |
| 3530 | 715612 | Public Water Supply | $ | 2,941,282 | $ | 2,941,282 | 81063 | ||||
| 3540 | 715614 | Hazardous Waste Management - Federal | $ | 4,193,000 | $ | 4,193,000 | 81064 | ||||
| 3570 | 715619 | Air Pollution Control - Federal | $ | 6,310,203 | $ | 6,310,203 | 81065 | ||||
| 3620 | 715605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 81066 | ||||
| 3BU0 | 715684 | Water Quality Protection | $ | 8,100,000 | $ | 6,785,000 | 81067 | ||||
| 3CS0 | 715688 | Federal NRD Settlements | $ | 100,000 | $ | 100,000 | 81068 | ||||
| 3F20 | 715630 | Revolving Loan Fund - Operating | $ | 907,543 | $ | 907,543 | 81069 | ||||
| 3F30 | 715632 | Federally Supported Cleanup and Response | $ | 3,344,746 | $ | 3,290,405 | 81070 | ||||
| 3F50 | 715641 | Nonpoint Source Pollution Management | $ | 6,265,000 | $ | 6,260,000 | 81071 | ||||
| 3T30 | 715669 | Drinking Water State Revolving Fund | $ | 2,273,323 | $ | 2,273,323 | 81072 | ||||
| 3V70 | 715606 | Agencywide Grants | $ | 600,000 | $ | 600,000 | 81073 | ||||
| TOTAL FED Federal Special Revenue | 81074 | ||||||||||
| Fund Group | $ | 35,146,971 | $ | 33,772,630 | 81075 | ||||||
| State Special Revenue Fund Group | 81076 |
| 4J00 | 715638 | Underground Injection Control | $ | 445,234 | $ | 445,571 | 81077 | ||||
| 4K20 | 715648 | Clean Air - Non Title V | $ | 3,152,306 | $ | 2,906,267 | 81078 | ||||
| 4K30 | 715649 | Solid Waste | $ | 16,742,551 | $ | 16,414,654 | 81079 | ||||
| 4K40 | 715650 | Surface Water Protection | $ | 7,642,625 | $ | 6,672,246 | 81080 | ||||
| 4K40 | 715686 | Environmental Lab Service | $ | 2,096,007 | $ | 2,096,007 | 81081 | ||||
| 4K50 | 715651 | Drinking Water Protection | $ | 7,410,118 | $ | 7,405,428 | 81082 | ||||
| 4P50 | 715654 | Cozart Landfill | $ | 100,000 | $ | 100,000 | 81083 | ||||
| 4R50 | 715656 | Scrap Tire Management | $ | 1,368,610 | $ | 1,376,742 | 81084 | ||||
| 4R90 | 715658 | Voluntary Action Program | $ | 999,503 | $ | 997,425 | 81085 | ||||
| 4T30 | 715659 | Clean Air - Title V Permit Program | $ | 16,349,471 | $ | 16,241,822 | 81086 | ||||
| 4U70 | 715660 | Construction and Demolition Debris | $ | 425,913 | $ | 433,591 | 81087 | ||||
| 5000 | 715608 | Immediate Removal Special Account | $ | 633,832 | $ | 634,033 | 81088 | ||||
| 5030 | 715621 | Hazardous Waste Facility Management | $ | 10,241,107 | $ | 9,789,620 | 81089 | ||||
| 5050 | 715623 | Hazardous Waste Cleanup | $ | 12,511,234 | $ | 12,331,272 | 81090 | ||||
| 5050 | 715674 | Clean Ohio Environmental Review | $ | 108,104 | $ | 108,104 | 81091 | ||||
| 5320 | 715646 | Recycling and Litter Control | $ | 0 | $ | 4,911,575 | 81092 | ||||
| 5410 | 715670 | Site Specific Cleanup | $ | 2,048,101 | $ | 2,048,101 | 81093 | ||||
| 5420 | 715671 | Risk Management Reporting | $ | 132,636 | $ | 132,636 | 81094 | ||||
| 5860 | 715637 | Scrap Tire Market Development | $ | 0 | $ | 1,497,645 | 81095 | ||||
| 5920 | 715627 | Anti Tampering Settlement | $ | 2,285 | $ | 2,285 | 81096 | ||||
| 5BC0 | 715617 | Clean Ohio | $ | 611,455 | $ | 611,455 | 81097 | ||||
| 5BC0 | 715622 | Local Air Pollution Control | $ | 2,297,980 | $ | 2,297,980 | 81098 | ||||
| 5BC0 | 715624 | Surface Water | $ | 8,970,181 | $ | 9,114,974 | 81099 | ||||
| 5BC0 | 715672 | Air Pollution Control | $ | 4,438,629 | $ | 4,534,758 | 81100 | ||||
| 5BC0 | 715673 | Drinking and Ground Water | $ | 4,317,527 | $ | 4,323,521 | 81101 | ||||
| 5BC0 | 715675 | Hazardous Waste | $ | 95,266 | $ | 95,266 | 81102 | ||||
| 5BC0 | 715676 | Assistance and Prevention | $ | 640,179 | $ | 645,069 | 81103 | ||||
| 5BC0 | 715677 | Laboratory | $ | 939,717 | $ | 958,586 | 81104 | ||||
| 5BC0 | 715678 | Corrective Actions | $ | 31,765 | $ | 105,423 | 81105 | ||||
| 5BC0 | 715687 | Areawide Planning Agencies | $ | 450,000 | $ | 450,000 | 81106 | ||||
| 5BC0 | 715692 | Administration | $ | 8,562,476 | $ | 8,212,627 | 81107 | ||||
| 5BT0 | 715679 | C&DD Groundwater Monitoring | $ | 203,800 | $ | 203,800 | 81108 | ||||
| 5BY0 | 715681 | Auto Emissions Test | $ | 13,029,952 | $ | 81109 | |||||
| 5CD0 | 715682 | Clean Diesel School Buses | $ | 600,000 | $ | 600,000 | 81110 | ||||
| 5H40 | 715664 | Groundwater Support | $ | 77,508 | $ | 78,212 | 81111 | ||||
| 5N20 | 715613 | Dredge and Fill | $ | 29,250 | $ | 29,250 | 81112 | ||||
| 5Y30 | 715685 | Surface Water Improvement | $ | 2,800,000 | $ | 2,800,000 | 81113 | ||||
| 6440 | 715631 | ER Radiological Safety | $ | 279,838 | $ | 279,966 | 81114 | ||||
| 6600 | 715629 | Infectious Waste Management | $ | 91,573 | $ | 88,764 | 81115 | ||||
| 6760 | 715642 | Water Pollution Control Loan Administration | $ | 4,317,376 | $ | 4,321,605 | 81116 | ||||
| 6780 | 715635 | Air Toxic Release | $ | 138,669 | $ | 138,669 | 81117 | ||||
| 6790 | 715636 | Emergency Planning | $ | 2,623,192 | $ | 2,623,252 | 81118 | ||||
| 6960 | 715643 | Air Pollution Control Administration | $ | 1,100,000 | $ | 1,100,000 | 81119 | ||||
| 6990 | 715644 | Water Pollution Control Administration | $ | 220,000 | $ | 220,000 | 81120 | ||||
| 6A10 | 715645 | Environmental Education | $ | 1,488,260 | $ | 1,488,718 | 81121 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 140,764,230 | $ | 81122 | |||||||
| Clean Ohio Conservation Fund Group | 81123 |
| 5S10 | 715607 | Clean Ohio - Operating | $ | 284,083 | $ | 284,124 | 81124 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 284,083 | $ | 284,124 | 81125 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 187,496,194 | $ | 81126 | |||||||
| AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT | 81127 |
| On July 1 of each fiscal year, or as soon as possible | 81128 |
| thereafter, the Director of Budget and Management may transfer up | 81129 |
|
to $13,029,952 in cash in fiscal year 2012, and up to $ | 81130 |
| 11,242,762 in cash in fiscal year 2013 from the General Revenue | 81131 |
| Fund to the Auto Emissions Test Fund (Fund 5BY0) for the operation | 81132 |
| and oversight of the auto emissions testing program. | 81133 |
| AREAWIDE PLANNING AGENCIES | 81134 |
| The Director of Environmental Protection Agency may award | 81135 |
| grants from appropriation item 715687, Areawide Planning Agencies, | 81136 |
| to areawide planning agencies engaged in areawide water quality | 81137 |
| management and planning activities in accordance with Section 208 | 81138 |
| of the "Federal Clean Water Act," 33 U.S.C. 1288. | 81139 |
| CORRECTIVE CASH TRANSFERS | 81140 |
| On July 1, 2011, or as soon as possible thereafter, the | 81141 |
| Director of Budget and Management shall transfer $376,891.85 in | 81142 |
| cash that was mistakenly deposited in the Clean Air Non Title V | 81143 |
| Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30). | 81144 |
| On July 1, 2011, or as soon as possible thereafter, the | 81145 |
| Director of Budget and Management shall transfer $133,026.63 in | 81146 |
| cash that was mistakenly deposited in the Scrap Tire Management | 81147 |
| Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410). | 81148 |
| Sec. 291.10. DOH DEPARTMENT OF HEALTH | 81149 |
| General Revenue Fund | 81150 |
| GRF | 440412 | Cancer Incidence Surveillance System | $ | 600,000 | $ | 600,000 | 81151 | ||||
| GRF | 440413 | Local Health Department Support | $ | 2,302,788 | $ | 2,303,061 | 81152 | ||||
| GRF | 440416 | Mothers and Children Safety Net Services | $ | 4,227,842 | $ | 4,228,015 | 81153 | ||||
| GRF | 440418 | Immunizations | $ | 6,430,538 | $ | 81154 | |||||
| GRF | 440431 | Free Clinics Safety Net Services | $ | 437,326 | $ | 437,326 | 81155 | ||||
| GRF | 440438 | Breast and Cervical Cancer Screening | $ | 823,217 | $ | 823,217 | 81156 | ||||
| GRF | 440444 | AIDS Prevention and Treatment | $ | 5,842,315 | $ | 5,842,315 | 81157 | ||||
| GRF | 440451 | Public Health Laboratory | $ | 3,654,348 | $ | 3,655,449 | 81158 | ||||
| GRF | 440452 | Child and Family Health Services Match | $ | 630,390 | $ | 630,444 | 81159 | ||||
| GRF | 440453 | Health Care Quality Assurance | $ | 8,170,694 | $ | 8,174,361 | 81160 | ||||
| GRF | 440454 | Local Environmental Health | $ | 1,310,141 | $ | 81161 | |||||
| GRF | 440459 | Help Me Grow | $ | 33,673,545 | $ | 33,673,987 | 81162 | ||||
| GRF | 440465 | Federally Qualified Health Centers | $ | 458,688 | $ | 81163 | |||||
| GRF | 440467 | Access to Dental Care | $ | 540,484 | $ | 540,484 | 81164 | ||||
| GRF | 440468 | Chronic Disease and Injury Prevention | $ | 2,577,251 | $ | 81165 | |||||
| GRF | 440472 | Alcohol Testing | $ | 550,000 | $ | 1,100,000 | 81166 | ||||
| GRF | 440505 | Medically Handicapped Children | $ | 7,512,451 | $ | 7,512,451 | 81167 | ||||
| GRF | 440507 | Targeted Health Care Services Over 21 | $ | 1,045,414 | $ | 1,045,414 | 81168 | ||||
| TOTAL GRF General Revenue Fund | $ | 80,787,432 | $ | 81169 | |||||||
| State Highway Safety Fund Group | 81170 |
| 4T40 | 440603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 81171 | ||||
| TOTAL HSF State Highway Safety | 81172 | ||||||||||
| Fund Group | $ | 233,894 | $ | 233,894 | 81173 | ||||||
| General Services Fund Group | 81174 |
| 1420 | 440646 | Agency Health Services | $ | 8,825,788 | $ | 8,826,146 | 81175 | ||||
| 2110 | 440613 | Central Support Indirect Costs | $ | 28,900,000 | $ | 29,000,000 | 81176 | ||||
| 4730 | 440622 | Lab Operating Expenses | $ | 5,000,000 | $ | 5,000,000 | 81177 | ||||
| 5HB0 | 440470 | Breast and Cervical Cancer Screening | $ | 1,000,000 | $ | 0 | 81178 | ||||
| 6830 | 440633 | Employee Assistance Program | $ | 1,100,000 | $ | 1,100,000 | 81179 | ||||
| 6980 | 440634 | Nurse Aide Training | $ | 99,239 | $ | 99,265 | 81180 | ||||
| TOTAL GSF General Services | 81181 | ||||||||||
| Fund Group | $ | 44,925,027 | $ | 44,025,411 | 81182 | ||||||
| Federal Special Revenue Fund Group | 81183 |
| 3200 | 440601 | Maternal Child Health Block Grant | $ | 27,068,886 | $ | 27,068,886 | 81184 | ||||
| 3870 | 440602 | Preventive Health Block Grant | $ | 7,826,659 | $ | 7,826,659 | 81185 | ||||
| 3890 | 440604 | Women, Infants, and Children | $ | 308,672,689 | $ | 308,672,689 | 81186 | ||||
| 3910 | 440606 | Medicaid/Medicare | $ | 29,625,467 | $ | 29,257,457 | 81187 | ||||
| 3920 | 440618 | Federal Public Health Programs | $ | 137,976,988 | $ | 137,976,988 | 81188 | ||||
| TOTAL FED Federal Special Revenue | 81189 | ||||||||||
| Fund Group | $ | 511,170,689 | $ | 510,802,679 | 81190 | ||||||
| State Special Revenue Fund Group | 81191 |
| 4700 | 440647 | Fee Supported Programs | $ | 24,503,065 | $ | 81192 | |||||
| 4710 | 440619 | Certificate of Need | $ | 878,145 | $ | 878,433 | 81193 | ||||
| 4770 | 440627 | Medically Handicapped Children Audit | $ | 3,692,704 | $ | 3,692,703 | 81194 | ||||
| 4D60 | 440608 | Genetics Services | $ | 3,310,953 | $ | 3,311,039 | 81195 | ||||
| 4F90 | 440610 | Sickle Cell Disease Control | $ | 1,032,754 | $ | 1,032,824 | 81196 | ||||
| 4G00 | 440636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 81197 | ||||
| 4G00 | 440637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 81198 | ||||
| 4L30 | 440609 | Miscellaneous Expenses | $ | 3,333,164 | $ | 3,333,164 | 81199 | ||||
| 4P40 | 440628 | Ohio Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 81200 | ||||
| 4V60 | 440641 | Save Our Sight | $ | 2,255,760 | $ | 2,255,789 | 81201 | ||||
| 5B50 | 440616 | Quality, Monitoring, and Inspection | $ | 878,638 | $ | 878,997 | 81202 | ||||
| 5C00 | 440615 | Alcohol Testing and Permit | $ | 551,018 | $ | 0 | 81203 | ||||
| 5CN0 | 440645 | Choose Life | $ | 75,000 | $ | 75,000 | 81204 | ||||
| 5D60 | 440620 | Second Chance Trust | $ | 1,151,815 | $ | 1,151,902 | 81205 | ||||
| 5ED0 | 440651 | Smoke Free Indoor Air | $ | 190,452 | $ | 190,452 | 81206 | ||||
| 5G40 | 440639 | Adoption Services | $ | 20,000 | $ | 20,000 | 81207 | ||||
| 5L10 | 440623 | Nursing Facility Technical Assistance Program | $ | 687,500 | $ | 687,528 | 81208 | ||||
| 5Z70 | 440624 | Ohio Dentist Loan Repayment | $ | 140,000 | $ | 140,000 | 81209 | ||||
| 6100 | 440626 | Radiation Emergency Response | $ | 930,525 | $ | 930,576 | 81210 | ||||
| 6660 | 440607 | Medically Handicapped Children - County Assessments | $ | 19,738,286 | $ | 19,739,617 | 81211 | ||||
| TOTAL SSR State Special Revenue | 81212 | ||||||||||
| Fund Group | $ | 63,856,649 | $ | 81213 | |||||||
| Holding Account Redistribution Fund Group | 81214 |
| R014 | 440631 | Vital Statistics | $ | 44,986 | $ | 44,986 | 81215 | ||||
| R048 | 440625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 81216 | ||||
| TOTAL 090 Holding Account | 81217 | ||||||||||
| Redistribution Fund Group | $ | 64,986 | $ | 64,986 | 81218 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 81219 |
| 5BX0 | 440656 | Tobacco Use Prevention | $ | 1,000,000 | $ | 1,000,000 | 81220 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,000,000 | $ | 1,000,000 | 81221 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 702,038,677 | $ | 81222 | |||||||
| Sec. 307.10. INS DEPARTMENT OF INSURANCE | 81224 |
| Federal Special Revenue Fund Group | 81225 |
| 3EV0 | 820610 | Health Insurance Premium Review | $ | 1,000,000 | $ | 1,000,000 | 81226 | ||||
| 3EW0 | 820611 | Health Exchange Planning | $ | 1,000,000 | $ | 1,000,000 | 81227 | ||||
| 3U50 | 820602 | OSHIIP Operating Grant | $ | 2,270,726 | $ | 2,270,725 | 81228 | ||||
| TOTAL FED Federal Special | 81229 | ||||||||||
| Revenue Fund Group | $ | 4,270,726 | $ | 4,270,725 | 81230 | ||||||
| State Special Revenue Fund Group | 81231 |
| 5540 | 820601 | Operating Expenses - OSHIIP | $ | 190,000 | $ | 180,000 | 81232 | ||||
| 5540 | 820606 | Operating Expenses | $ | 22,745,538 | $ | 81233 | |||||
| 5550 | 820605 | Examination | $ | 9,065,684 | $ | 81234 | |||||
| TOTAL SSR State Special Revenue | 81235 | ||||||||||
| Fund Group | $ | 32,001,222 | $ | 81236 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 36,271,948 | $ | 81237 | |||||||
| MARKET CONDUCT EXAMINATION | 81238 |
| When conducting a market conduct examination of any insurer | 81239 |
| doing business in this state, the Superintendent of Insurance may | 81240 |
| assess the costs of the examination against the insurer. The | 81241 |
| superintendent may enter into consent agreements to impose | 81242 |
| administrative assessments or fines for conduct discovered that | 81243 |
| may be violations of statutes or rules administered by the | 81244 |
| superintendent. All costs, assessments, or fines collected shall | 81245 |
| be deposited to the credit of the Department of Insurance | 81246 |
| Operating Fund (Fund 5540). | 81247 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 81248 |
| The Director of Budget and Management, at the request of the | 81249 |
| Superintendent of Insurance, may transfer funds from the | 81250 |
| Department of Insurance Operating Fund (Fund 5540), established by | 81251 |
| section 3901.021 of the Revised Code, to the Superintendent's | 81252 |
| Examination Fund (Fund 5550), established by section 3901.071 of | 81253 |
| the Revised Code, only for expenses incurred in examining domestic | 81254 |
| fraternal benefit societies as required by section 3921.28 of the | 81255 |
| Revised Code. | 81256 |
| TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND | 81257 |
| Not later than the thirty-first day of July each fiscal year, | 81258 |
| the Director of Budget and Management shall transfer $5,000,000 | 81259 |
| from the Department of Insurance Operating Fund (Fund 5540) to the | 81260 |
| General Revenue Fund. | 81261 |
| Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 81262 |
| General Revenue Fund | 81263 |
| GRF | 600321 | Program Support |
81264 | ||||||||
| State | $ | 34,801,760 | $ | 81265 | |||||||
| Federal | $ | 9,322,222 | $ | 81266 | |||||||
| Program Support |
$ | 44,123,982 | $ | 81267 | |||||||
| GRF | 600410 | TANF State/Maintenance of Effort | $ | 151,386,934 | $ | 151,386,934 | 81268 | ||||
| GRF | 600413 | Child Care |
$ | 84,732,730 | $ | 84,732,730 | 81269 | ||||
| GRF | 600416 | 81270 | |||||||||
| State | $ | 67,955,340 | $ | 81271 | |||||||
| Federal | $ | 13,105,167 | $ | 81272 | |||||||
| $ | 81,060,507 | $ | 81273 | ||||||||
| GRF | 600417 | Medicaid Provider Audits | $ | 1,312,992 | $ | 81274 | |||||
| GRF | 600420 | Child Support |
$ | 6,163,534 | $ | 81275 | |||||
| GRF | 600421 | $ | 3,768,929 | $ | 81276 | ||||||
| GRF | 600423 | $ | 5,123,406 | $ | 4,978,756 | 81277 | |||||
| GRF | 600425 | 81278 | |||||||||
| State | $ | 13,149,582 | $ | 81279 | |||||||
| Federal | $ | 12,556,921 | $ | 81280 | |||||||
| $ | 25,706,503 | $ | 81281 | ||||||||
| GRF | 600502 | $ | 23,814,103 | $ | 23,814,103 | 81282 | |||||
| GRF | 600511 | Disability Financial Assistance | $ | 26,599,666 | $ | 27,108,734 | 81283 | ||||
| GRF | 600521 | $ | 72,200,721 | $ | 72,200,721 | 81284 | |||||
| GRF | 600523 | Family and Children |
$ | $ | 81285 | ||||||
| GRF | 600525 | Health Care/Medicaid | 81286 | ||||||||
| State | $ | 4,313,761,372 | $ | 81287 | |||||||
| Federal | $ | 7,530,008,024 | $ | 81288 | |||||||
| Health Care Total | $ | 11,843,769,396 | $ | 81289 | |||||||
| GRF | 600526 | Medicare Part D | $ | 277,996,490 | $ | 296,964,743 | 81290 | ||||
| GRF | 600528 | Adoption Services | 81291 | ||||||||
| State | $ | 29,257,932 | $ | 29,257,932 | 81292 | ||||||
| Federal | $ | 41,085,169 | $ | 41,085,169 | 81293 | ||||||
| Adoption Services Total | $ | 70,343,101 | $ | 70,343,101 | 81294 | ||||||
| GRF | 600533 | Child, Family, and Adult Community & Protective Services | $ | 13,500,000 | $ | 81295 | |||||
| GRF | 600534 | Adult Protective Services | $ | 366,003 | $ | 81296 | |||||
| GRF | 600535 | Early Care and Education | $ | 123,596,474 | $ | 123,596,474 | 81297 | ||||
| GRF | 600537 | Children's Hospital | $ | 6,000,000 | $ | 6,000,000 | 81298 | ||||
| GRF | 600540 | Second Harvest Food Banks | $ | 4,000,000 | $ | 4,000,000 | 81299 | ||||
| GRF | 600541 | Kinship Permanency Incentive Program | $ | 2,500,000 | $ | 3,500,000 | 81300 | ||||
| TOTAL GRF General Revenue Fund | 81301 | ||||||||||
| State | $ | $ | 81302 | ||||||||
| Federal | $ | 7,606,077,503 | $ | 81303 | |||||||
| GRF Total | $ | $ | 81304 | ||||||||
| General Services Fund Group | 81305 |
| 4A80 | 600658 | Public Assistance Activities | $ | 34,000,000 | $ | 34,000,000 | 81306 | ||||
| 5C90 | 600671 | Medicaid Program Support | $ | 85,800,878 | $ | 81307 | |||||
| 5DL0 | 600639 | $ | 89,256,974 | $ | 81308 | ||||||
| 5DM0 | 600633 | Administration & Operating | $ | 20,392,173 | $ | 81309 | |||||
| 5FX0 | 600638 | Medicaid Payment Withholding | $ | 5,000,000 | $ | 6,000,000 | 81310 | ||||
| 5HL0 | 600602 | State and County Shared services | $ | 3,020,000 | $ | 3,020,000 | 81311 | ||||
| 5P50 | 600692 | $ | 220,600,000 | $ | 242,600,000 | 81312 | |||||
| 6130 | 600645 | Training Activities | $ | 500,000 | $ | 500,000 | 81313 | ||||
| TOTAL GSF General Services | 81314 | ||||||||||
| Fund Group | $ | 458,570,025 | $ | 81315 | |||||||
| Federal Special Revenue Fund Group | 81316 |
| 3270 | 600606 | Child Welfare | $ | 29,769,865 | $ | 29,769,866 | 81317 | ||||
| 3310 | 600615 | Veterans Programs | $ | 0 | $ | 8,000,000 | 81318 | ||||
| 3310 | 600624 | Employment Services Programs | $ | 0 | $ | 33,943,023 | 81319 | ||||
| 3310 | 600686 | $ | 49,128,140 | $ | 81320 | ||||||
| 3840 | 600610 | Food Assistance |
$ | 180,381,394 | $ | 180,381,394 | 81321 | ||||
| 3850 | 600614 | Refugee Services | $ | 11,582,440 | $ | 12,564,952 | 81322 | ||||
| 3950 | 600616 | $ | 2,259,264 | $ | 2,259,264 | 81323 | |||||
| 3960 | 600620 | Social Services Block Grant | $ | 64,999,999 | $ | 64,999,998 | 81324 | ||||
| 3970 | 600626 | Child Support - Federal | $ | 255,812,837 | $ | 255,813,528 | 81325 | ||||
| 3980 | 600627 | Adoption |
$ | 352,183,862 | $ | 81326 | |||||
| 3A20 | 600641 | Emergency Food Distribution | $ | 5,000,000 | $ | 5,000,000 | 81327 | ||||
| 3AW0 | 600675 | Faith Based Initiatives | $ | 544,140 | $ | 544,140 | 81328 | ||||
| 3D30 | 600648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 81329 | ||||
| 3ER0 | 600603 | Health Information Technology | $ | 411,661,286 | $ | 416,395,286 | 81330 | ||||
| 3F00 | 600623 | Health Care Federal | $ | 2,637,061,505 | $ | 2,720,724,869 | 81331 | ||||
| 3F00 | 600650 | Hospital Care Assurance |
$ | 372,784,046 | $ | 380,645,627 | 81332 | ||||
| 3FA0 | 600680 | $ | 9,405,000 | $ | 20,000,000 | 81333 | |||||
| 3G50 | 600655 | Interagency Reimbursement | $ | 1,621,305,787 | $ | 1,380,391,478 | 81334 | ||||
| 3H70 | 600617 | Child Care Federal | $ | 208,290,036 | $ | 204,813,731 | 81335 | ||||
| 3N00 | 600628 | $ | 133,963,142 | $ | 81336 | ||||||
| 3S50 | 600622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 81337 | ||||
| 3V00 | 600688 | Workforce Investment Act Programs | $ | 176,496,250 | $ | 172,805,562 | 81338 | ||||
| 3V40 | 600678 | Federal Unemployment Programs | $ | 188,680,096 | $ | 186,723,415 | 81339 | ||||
| 3V40 | 600679 | $ | 4,166,988 | $ | 4,068,758 | 81340 | |||||
| 3V60 | 600689 | TANF Block Grant | $ | 727,968,260 | $ | 727,968,260 | 81341 | ||||
| TOTAL FED Federal Special Revenue | 81342 | ||||||||||
| Fund Group | $ | 7,446,018,911 | $ | 7,302,795,120 | 81343 | ||||||
| State Special Revenue Fund Group | 81344 |
| 1980 | 600647 | Children's Trust Fund | $ | 5,873,637 | $ | 5,873,848 | 81345 | ||||
| 4A90 | 600607 | Unemployment Compensation Administration Fund | $ | 21,924,998 | $ | 21,424,998 | 81346 | ||||
| 4A90 | 600694 | $ | 2,173,167 | $ | 2,117,031 | 81347 | |||||
| 4E30 | 600605 | $ | 2,878,320 | $ | 2,878,319 | 81348 | |||||
| 4E70 | 600604 | $ | 400,000 | $ | 400,000 | 81349 | |||||
| 4F10 | 600609 | Family and Children |
$ | 683,359 | $ | 683,549 | 81350 | ||||
| 4K10 | 600621 | $ | 41,405,596 | $ | 44,372,874 | 81351 | |||||
| 4Z10 | 600625 | HealthCare Compliance | $ | 11,551,076 | $ | 14,582,000 | 81352 | ||||
| 5AJ0 | 600631 | Money Follows the Person | $ | 5,483,080 | $ | 4,733,080 | 81353 | ||||
| 5DB0 | 600637 | Military Injury |
$ | 2,000,000 | $ | 2,000,000 | 81354 | ||||
| 5DP0 | 600634 | Adoption Assistance Loan | $ | 500,000 | $ | 500,000 | 81355 | ||||
| 5ES0 | 600630 | Food Bank Assistance | $ | 500,000 | $ | 500,000 | 81356 | ||||
| 5GF0 | 600656 | $ | 436,000,000 | $ | 436,000,000 | 81357 | |||||
| 5KC0 | 600682 | Health Care |
$ | 10,000,000 | $ | 10,000,000 | 81358 | ||||
| 5KU0 | 600611 | Unemployment Compensation Support - Other Sources | $ | 2,000,000 | $ | 4,000,000 | 81359 | ||||
| 5R20 | 600608 | $ | 402,489,308 | $ | 407,100,746 | 81360 | |||||
| 5S30 | 600629 | $ | 9,252,738 | $ | 9,147,791 | 81361 | |||||
| 5U30 | 600654 | Health Care |
$ | 24,400,000 | $ | 81362 | |||||
| 5U60 | 600663 | $ | 4,000,000 | $ | 4,000,000 | 81363 | |||||
| 6510 | 600649 | Hospital Care Assurance Program Fund | $ | 212,526,123 | $ | 217,008,050 | 81364 | ||||
| TOTAL SSR State Special Revenue | 81365 | ||||||||||
| Fund Group | $ | $ | 81366 | ||||||||
| Agency Fund Group | 81367 |
| 1920 | 600646 | Child Support Intercept - Federal | $ | 130,000,000 | $ | 81368 | |||||
| 5830 | 600642 | Child Support Intercept - State | $ | 16,000,000 | $ | 81369 | |||||
| 5B60 | 600601 | Food Assistance Intercept | $ | 2,000,000 | $ | 81370 | |||||
| TOTAL AGY Agency Fund Group | $ | 148,000,000 | $ | 81371 | |||||||
| Holding Account Redistribution Fund Group | 81372 |
| R012 | 600643 | Refunds and Audit Settlements | $ | 2,200,000 | $ | 2,200,000 | 81373 | ||||
| R013 | 600644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 81374 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,210,000 | $ | 2,210,000 | 81375 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 81376 | ||||||||
| Sec. 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES | 81378 |
| (A) As used in this section, "charge high trim point" means a | 81379 |
| measure, excluding the measure established by paragraph (A)(6) of | 81380 |
| rule 5101:3-2-07.9 of the Administrative Code, used to determine | 81381 |
| whether a claim for a hospital inpatient service qualifies for a | 81382 |
| cost outlier payment under the Medicaid program. | 81383 |
| (B) For fiscal year 2012 and fiscal year 2013, the Director | 81384 |
| of Job and Family Services shall implement purchasing strategies | 81385 |
| and rate reductions for hospital and other Medicaid-covered | 81386 |
| services, as determined by the Director, that result in payment | 81387 |
| rates for those services being at least two per cent less than the | 81388 |
| respective payment rates for fiscal year 2011. In implementing the | 81389 |
| purchasing strategies and rate reductions, the Director shall do | 81390 |
| the following: | 81391 |
| (1) Notwithstanding the section of | 81392 |
| of the 129th General Assembly titled "CONTINUATION OF MEDICAID | 81393 |
| RATES FOR HOSPITAL INPATIENT AND OUTPATIENT SERVICES," modernize | 81394 |
| hospital inpatient and outpatient reimbursement methodologies by | 81395 |
| doing the following: | 81396 |
| (a) Modifying the inpatient hospital capital reimbursement | 81397 |
| methodology; | 81398 |
| (b) Establishing new diagnosis-related groups in a | 81399 |
| cost-neutral manner; | 81400 |
| (c) For hospital discharges that occur during the period | 81401 |
| beginning October 1, 2011, and ending January 1, 2012, modifying | 81402 |
| charge high trim points, as in effect on January 1, 2011, by a | 81403 |
| factor of 13.6%; | 81404 |
| (d) For hospital discharges that occur during the period | 81405 |
| beginning January 1, 2012, and ending on the effective date of the | 81406 |
| first of the new diagnosis-related groups established under | 81407 |
| division (B)(1)(b) of this section, modifying charge high trim | 81408 |
| points, as in effect on October 1, 2011, by a factor of 9.72%; | 81409 |
| (e) Implementing other changes the Director considers | 81410 |
| appropriate. | 81411 |
| (2) Establish selective contracting and prior authorization | 81412 |
| requirements for types of medical assistance the Director | 81413 |
| identifies. | 81414 |
| (C) The Director shall adopt rules under section 5111.02 and | 81415 |
| 5111.85 of the Revised Code as necessary to implement this | 81416 |
| section. The rules adopted to implement divisions (B)(1)(a), (b), | 81417 |
| and (e) of this section shall include quality factors and | 81418 |
| quality-based incentive payments. | 81419 |
| (D) This section does not apply to nursing facility and | 81420 |
| intermediate care facility for the mentally retarded services | 81421 |
| provided under the Medicaid program. | 81422 |
| Sec. 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT | 81423 |
| SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE | 81424 |
| HOSPITAL INCENTIVE PAYMENT PROGRAM | 81425 |
| (A) As used in this section: | 81426 |
| (1) "Hospital" has the same meaning as in section 5112.40 of | 81427 |
| the Revised Code. | 81428 |
| (2) "Hospital Assessment Fund" means the fund created under | 81429 |
| section 5112.45 of the Revised Code. | 81430 |
| (3) "Medicaid managed care organization" means an entity | 81431 |
| under contract pursuant to section 5111.17 of the Revised Code to | 81432 |
| provide or arrange services for Medicaid recipients who are | 81433 |
| required or permitted to participate in the Medicaid care | 81434 |
| management system. | 81435 |
| (B) The Department of Job and Family Services shall submit to | 81436 |
| the United States Secretary of Health and Human Services a | 81437 |
| Medicaid state plan amendment to do both of the following: | 81438 |
| (1) Continue the Hospital Inpatient and Outpatient | 81439 |
| Supplemental Upper Payment Limit Program that was established | 81440 |
| pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th | 81441 |
| General Assembly, with any modifications necessary to implement | 81442 |
| the program as described under division (D) of this section; | 81443 |
| (2) Create the Medicaid Managed Care Hospital Incentive | 81444 |
| Payment Program, as described under division (E) of this section. | 81445 |
| (C) Of the amounts deposited into the Hospital Assessment | 81446 |
| Fund in fiscal year 2012 and fiscal year 2013: | 81447 |
| (1) Up to $432,432,725 (state and federal) in fiscal year | 81448 |
| 2012 and up to $415,162,388 (state and federal) in fiscal year | 81449 |
| 2013 shall be used for the Hospital Inpatient and Outpatient | 81450 |
| Supplemental Upper Payment Limit Program; | 81451 |
| (2) Up to $162,000,000 (state and federal) in each fiscal | 81452 |
| year shall be used for the Medicaid Managed Care Hospital | 81453 |
| Incentive Payment Program; | 81454 |
| (3) Up to $176,021,111 (state and federal) in fiscal year | 81455 |
| 2012 and up to $195,158,394 (state and federal) in fiscal year | 81456 |
| 2013 shall be used for the program authorized by the section of | 81457 |
| 81458 | |
| "CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND | 81459 |
| OUTPATIENT SERVICES." | 81460 |
| (D)(1) If the Medicaid state plan amendment submitted under | 81461 |
| division (B)(1) of this section is approved, the Department shall | 81462 |
| implement the Hospital Inpatient and Outpatient Supplemental Upper | 81463 |
| Payment Limit Program during fiscal year 2012 and fiscal year | 81464 |
| 2013. Under the Program, subject to division (D)(2) of this | 81465 |
| section, supplemental Medicaid payments shall be made to hospitals | 81466 |
| for Medicaid-covered inpatient and outpatient services. The | 81467 |
| Department shall make the payments through amounts that are made | 81468 |
| available for the Program under division (C) of this section and | 81469 |
| any federal financial participation available for the Program. | 81470 |
| (2) The Department shall take all actions necessary to cease | 81471 |
| implementation of the Program if the United States Secretary | 81472 |
| determines that the assessment imposed under section 5112.41 of | 81473 |
| the Revised Code is an impermissible healthcare-related tax under | 81474 |
| section 1903(w) of the "Social Security Act," 105 Stat. 1793 | 81475 |
| (1991), 42 U.S.C. 1396b(w), as amended. | 81476 |
| (E)(1) If the Medicaid state plan amendment submitted under | 81477 |
| division (B)(2) of this section is approved, the Department shall | 81478 |
| implement the Medicaid Managed Care Hospital Incentive Payment | 81479 |
| Program. The purpose of the Program is to increase access to | 81480 |
| hospital services for Medicaid recipients who are enrolled in | 81481 |
| Medicaid managed care organizations. | 81482 |
| Under the Program, subject to division (E)(3) of this | 81483 |
| section, funds shall be provided to Medicaid managed care | 81484 |
| organizations, which shall use the funds to increase payments to | 81485 |
| hospitals for providing services to Medicaid recipients who are | 81486 |
| enrolled in the organizations. The Department shall provide the | 81487 |
| funds through amounts that are made available for the Program | 81488 |
| under division (C) of this section and any federal financial | 81489 |
| participation available for the Program. | 81490 |
| (2) Not later than July 1, 2012, the Department shall select | 81491 |
| an actuary to conduct a study of the contracted reimbursement | 81492 |
| rates between Medicaid managed care organizations and hospitals. | 81493 |
| The actuary shall determine if a reduction in the capitation rates | 81494 |
| paid to Medicaid managed care organizations in fiscal year 2013 is | 81495 |
| appropriate as a result of the contracted reimbursement rates | 81496 |
| between the organizations and hospitals. The actuary shall notify | 81497 |
| the Department of its determination. | 81498 |
| If the actuary determines that a reduction in the capitation | 81499 |
| rates paid to Medicaid managed care organizations in fiscal year | 81500 |
| 2013 will not achieve $22 million in state savings in fiscal year | 81501 |
| 2013, the state shall receive the difference between what the | 81502 |
| actuary determines the state will save and $22 million. The | 81503 |
| Department, in consultation with the Ohio Association of Health | 81504 |
| Plans and the Ohio Hospital Association, shall establish a | 81505 |
| methodology under which the difference is paid equally by Medicaid | 81506 |
| managed care organizations and hospitals in this state. | 81507 |
| Notwithstanding anything to the contrary specified in | 81508 |
| division (E)(3)(b) or (c) of this section, the Medicaid managed | 81509 |
| care organizations and hospitals shall pay the amounts determined | 81510 |
| under the methodology, unless the Department waives the | 81511 |
| requirement to make the payments. The requirement may be waived if | 81512 |
| spending for the Medicaid program in fiscal year 2013 is less than | 81513 |
| the amount that is budgeted for that fiscal year. If payments are | 81514 |
| made, the amount received by the Department shall be deposited | 81515 |
| into the state treasury to the credit of the Health Care | 81516 |
|
Compliance Fund created under section | 81517 |
| Revised Code. | 81518 |
| (3)(a) The Department shall not provide funds to Medicaid | 81519 |
| managed care organizations under the Program unless an actuary | 81520 |
| selected by the Department certifies that the Program would not | 81521 |
| violate the actuarial soundness of the capitation rates paid to | 81522 |
| Medicaid managed care organizations. | 81523 |
| (b) The Department shall not implement the Program in a | 81524 |
| manner that causes a hospital to receive less money from the | 81525 |
| Hospital Assessment Fund than the hospital would have received if | 81526 |
| the Program were not implemented. | 81527 |
| (c) The Department shall not implement the Program in a | 81528 |
| manner that causes a Medicaid managed care organization to receive | 81529 |
| a lower capitation payment rate solely because funds are made | 81530 |
| available to the organization under the Program. | 81531 |
| (d) The Department shall take all necessary actions to cease | 81532 |
| implementation of the Program if the United States Secretary | 81533 |
| determines that the assessment imposed under section 5112.41 of | 81534 |
| the Revised Code is an impermissible healthcare-related tax under | 81535 |
| section 1903(w) of the "Social Security Act," 105 Stat. 1793 | 81536 |
| (1991), 42 U.S.C. 1396b(w), as amended. | 81537 |
| (F) The Director of Budget and Management may authorize | 81538 |
| additional expenditures from appropriation item 600623, Health | 81539 |
| Care Federal, appropriation item 600525, Health Care/Medicaid, and | 81540 |
| appropriation item 600656, Medicaid-Hospital, in order to | 81541 |
| implement the programs authorized by this section and to implement | 81542 |
|
the section of | 81543 |
| Assembly titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL | 81544 |
| INPATIENT AND OUTPATIENT SERVICES." Any amounts authorized are | 81545 |
| hereby appropriated. | 81546 |
| (G) Nothing in this section reduces payments to children's | 81547 |
|
hospitals authorized under the section of | 81548 |
| 153 of the 129th General Assembly titled "CHILDREN'S HOSPITALS | 81549 |
| SUPPLEMENTAL FUNDING." | 81550 |
| Sec. 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION | 81551 |
| Notwithstanding the provisions of section | 81552 |
|
of the Revised Code specifying the uses of the | 81553 |
| Care Compliance Fund, appropriations in appropriation item 600625, | 81554 |
| HealthCare Compliance, may be used for expenses incurred in | 81555 |
| implementation or operation of Health Home programs, contracts for | 81556 |
| consultants regarding Medicaid, and for the creation, | 81557 |
| modification, or replacement of any federally funded Medicaid | 81558 |
| healthcare systems in fiscal year 2012 and fiscal year 2013. | 81559 |
| Sec. 315.10. JSC THE JUDICIARY/SUPREME COURT | 81560 |
| General Revenue Fund | 81561 |
| GRF | 005321 | Operating Expenses - Judiciary/Supreme Court | $ | $ | 81562 | ||||||
| GRF | 005406 | Law-Related Education | $ | 236,172 | $ | 236,172 | 81563 | ||||
| GRF | 005409 | Ohio Courts Technology Initiative | $ | 2,150,000 | $ | 2,150,000 | 81564 | ||||
| TOTAL GRF General Revenue Fund | $ | $ | 81565 | ||||||||
| General Services Fund Group | 81566 |
| 6720 | 005601 | Continuing Judicial Education | $ | 172,142 | $ | 169,420 | 81567 | ||||
| TOTAL GSF General Services Fund Group | $ | 172,142 | $ | 169,420 | 81568 | ||||||
| Federal Special Revenue Fund Group | 81569 |
| 3J00 | 005603 | Federal Grants | $ | 1,653,317 | $ | 1,605,717 | 81570 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,653,317 | $ | 1,605,717 | 81571 | ||||||
| State Special Revenue Fund Group | 81572 |
| 4C80 | 005605 | Attorney Services | $ | 3,718,328 | $ | 3,695,192 | 81573 | ||||
| 5HT0 | 005617 | Court Interpreter Certification | $ | 39,000 | $ | 39,000 | 81574 | ||||
| 5T80 | 005609 | Grants and Awards | $ | 50,000 | $ | 50,000 | 81575 | ||||
| 6A80 | 005606 | Supreme Court Admissions | $ | 1,223,340 | $ | 1,205,056 | 81576 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,030,668 | $ | 4,989,248 | 81577 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 81578 | ||||||||
| OPERATING EXPENSES - JUDICIARY/SUPREME COURT | 81579 |
| Of the foregoing appropriation item 005321, Operating | 81580 |
| Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal | 81581 |
| year may be used to support the functions of the State Criminal | 81582 |
| Sentencing Council. | 81583 |
| LAW-RELATED EDUCATION | 81584 |
| The foregoing appropriation item 005406, Law-Related | 81585 |
| Education, shall be distributed directly to the Ohio Center for | 81586 |
| Law-Related Education for the purposes of providing continuing | 81587 |
| citizenship education activities to primary and secondary | 81588 |
| students, expanding delinquency prevention programs, increasing | 81589 |
| activities for at-risk youth, and accessing additional public and | 81590 |
| private money for new programs. | 81591 |
| OHIO COURTS TECHNOLOGY INITIATIVE | 81592 |
| The foregoing appropriation item 005409, Ohio Courts | 81593 |
| Technology Initiative, shall be used to fund an initiative by the | 81594 |
| Supreme Court to facilitate the exchange of information and | 81595 |
| warehousing of data by and between Ohio courts and other justice | 81596 |
| system partners through the creation of an Ohio Courts Network, | 81597 |
| the delivery of technology services to courts throughout the | 81598 |
| state, including the provision of hardware, software, and the | 81599 |
| development and implementation of educational and training | 81600 |
| programs for judges and court personnel, and operation of the | 81601 |
| Commission on Technology and the Courts by the Supreme Court for | 81602 |
| the promulgation of statewide rules, policies, and uniform | 81603 |
| standards, and to aid in the orderly adoption and comprehensive | 81604 |
| use of technology in Ohio courts. | 81605 |
| CONTINUING JUDICIAL EDUCATION | 81606 |
| The Continuing Judicial Education Fund (Fund 6720) shall | 81607 |
| consist of fees paid by judges and court personnel for attending | 81608 |
| continuing education courses and other gifts and grants received | 81609 |
| for the purpose of continuing judicial education. The foregoing | 81610 |
| appropriation item 005601, Continuing Judicial Education, shall be | 81611 |
| used to pay expenses for continuing education courses for judges | 81612 |
| and court personnel. If it is determined by the Administrative | 81613 |
| Director of the Supreme Court that additional appropriations are | 81614 |
| necessary, the amounts are hereby appropriated. | 81615 |
| No money in Fund 6720 shall be transferred to any other fund | 81616 |
| by the Director of Budget and Management or the Controlling Board. | 81617 |
| Interest earned on money in Fund 6720 shall be credited to the | 81618 |
| fund. | 81619 |
| FEDERAL GRANTS | 81620 |
| The Federal Grants Fund (Fund 3J00) shall consist of grants | 81621 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 81622 |
| the United States Government or other entities that receive the | 81623 |
| moneys directly from the United States Government and distribute | 81624 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 81625 |
| appropriation item 005603, Federal Grants, shall be used in a | 81626 |
| manner consistent with the purpose of the grant or award. If it is | 81627 |
| determined by the Administrative Director of the Supreme Court | 81628 |
| that additional appropriations are necessary, the amounts are | 81629 |
| hereby appropriated. | 81630 |
| No money in Fund 3J00 shall be transferred to any other fund | 81631 |
| by the Director of Budget and Management or the Controlling Board. | 81632 |
| However, interest earned on money in Fund 3J00 shall be credited | 81633 |
| or transferred to the General Revenue Fund. | 81634 |
| ATTORNEY SERVICES | 81635 |
| The Attorney Services Fund (Fund 4C80), formerly known as the | 81636 |
| Attorney Registration Fund, shall consist of money received by the | 81637 |
| Supreme Court (The Judiciary) pursuant to the Rules for the | 81638 |
| Government of the Bar of Ohio. In addition to funding other | 81639 |
| activities considered appropriate by the Supreme Court, the | 81640 |
| foregoing appropriation item 005605, Attorney Services, may be | 81641 |
| used to compensate employees and to fund appropriate activities of | 81642 |
| the following offices established by the Supreme Court: the Office | 81643 |
| of Disciplinary Counsel, the Board of Commissioners on Grievances | 81644 |
| and Discipline, the Clients' Security Fund, and the Attorney | 81645 |
| Services Division. If it is determined by the Administrative | 81646 |
| Director of the Supreme Court that additional appropriations are | 81647 |
| necessary, the amounts are hereby appropriated. | 81648 |
| No money in Fund 4C80 shall be transferred to any other fund | 81649 |
| by the Director of Budget and Management or the Controlling Board. | 81650 |
| Interest earned on money in Fund 4C80 shall be credited to the | 81651 |
| fund. | 81652 |
| COURT INTERPRETER CERTIFICATION | 81653 |
| The Court Interpreter Certification Fund (Fund 5HT0) shall | 81654 |
| consist of money received by the Supreme Court (The Judiciary) | 81655 |
| pursuant to Rules 80 through 87 of the Rules of Superintendence | 81656 |
| for the Courts of Ohio. The foregoing appropriation item 005617, | 81657 |
| Court Interpreter Certification, shall be used to provide | 81658 |
| training, to provide the written examination, and to pay language | 81659 |
| experts to rate, or grade, the oral examinations of those applying | 81660 |
| to become certified court interpreters. If it is determined by the | 81661 |
| Administrative Director that additional appropriations are | 81662 |
| necessary, the amounts are hereby appropriated. | 81663 |
| No money in Fund 5HT0 shall be transferred to any other fund | 81664 |
| by the Director of Budget and Management or the Controlling Board. | 81665 |
| Interest earned on money in Fund 5HT0 shall be credited to the | 81666 |
| fund. | 81667 |
| GRANTS AND AWARDS | 81668 |
| The Grants and Awards Fund (Fund 5T80) shall consist of | 81669 |
| grants and other money awarded to the Supreme Court (The | 81670 |
| Judiciary) by the State Justice Institute, the Division of | 81671 |
| Criminal Justice Services, or other entities. The foregoing | 81672 |
| appropriation item 005609, Grants and Awards, shall be used in a | 81673 |
| manner consistent with the purpose of the grant or award. If it is | 81674 |
| determined by the Administrative Director of the Supreme Court | 81675 |
| that additional appropriations are necessary, the amounts are | 81676 |
| hereby appropriated. | 81677 |
| No money in Fund 5T80 shall be transferred to any other fund | 81678 |
| by the Director of Budget and Management or the Controlling Board. | 81679 |
| However, interest earned on money in Fund 5T80 shall be credited | 81680 |
| or transferred to the General Revenue Fund. | 81681 |
| SUPREME COURT ADMISSIONS | 81682 |
| The foregoing appropriation item 005606, Supreme Court | 81683 |
| Admissions, shall be used to compensate Supreme Court employees | 81684 |
| who are primarily responsible for administering the attorney | 81685 |
| admissions program under the Rules for the Government of the Bar | 81686 |
| of Ohio, and to fund any other activities considered appropriate | 81687 |
| by the court. Moneys shall be deposited into the Supreme Court | 81688 |
| Admissions Fund (Fund 6A80) under the Supreme Court Rules for the | 81689 |
| Government of the Bar of Ohio. If it is determined by the | 81690 |
| Administrative Director of the Supreme Court that additional | 81691 |
| appropriations are necessary, the amounts are hereby appropriated. | 81692 |
| No money in Fund 6A80 shall be transferred to any other fund | 81693 |
| by the Director of Budget and Management or the Controlling Board. | 81694 |
| Interest earned on money in Fund 6A80 shall be credited to the | 81695 |
| fund. | 81696 |
| Sec. 327.10. LCO LIQUOR CONTROL COMMISSION | 81697 |
| State Special Revenue Fund Group | 81698 |
| 5LP0 | 970601 | Commission Operating Expense | $ | 0 | $ | 754,146 | 81699 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 0 | $ | 754,146 | 81700 | ||||||
| Liquor Control Fund Group | 81701 |
| 7043 | 970321 | Operating Expenses | $ | 753,933 | $ | 81702 | |||||
| TOTAL LCF Liquor Control Fund Group | $ | 753,933 | $ | 81703 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 753,933 | $ | 754,146 | 81704 | ||||||
| Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD | 81706 |
| General Services Fund Group | 81707 |
| 4K90 | 915604 | Operating Expenses | $ | 493,641 | $ | 81708 | |||||
| TOTAL GSF General Services | 81709 | ||||||||||
| Fund Group | $ | 493,641 | $ | 81710 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 493,641 | $ | 81711 | |||||||
| Sec. 337.10. DMH DEPARTMENT OF MENTAL HEALTH | 81713 |
| General Revenue Fund | 81714 |
| GRF | 332401 | Forensic Services | $ | 3,244,251 | $ | 3,244,251 | 81715 | ||||
| GRF | 333321 | Central Administration | $ | 16,000,000 | $ | 16,000,000 | 81716 | ||||
| GRF | 333402 | Resident Trainees | $ | 450,000 | $ | 450,000 | 81717 | ||||
| GRF | 333403 | Pre-Admission Screening Expenses | $ | 486,119 | $ | 81718 | |||||
| GRF | 333415 | Lease-Rental Payments | $ | 18,394,250 | $ | 81719 | |||||
| GRF | 333416 | Research Program Evaluation | $ | 421,724 | $ | 421,998 | 81720 | ||||
| GRF | 334412 | Hospital Services | $ | 194,918,888 | $ | 81721 | |||||
| GRF | 334506 | Court Costs | $ | 584,210 | $ | 584,210 | 81722 | ||||
| GRF | 335405 | Family & Children First | $ | 1,386,000 | $ | 1,386,000 | 81723 | ||||
| GRF | 335419 | Community Medication Subsidy | $ | 8,963,818 | $ | 8,963,818 | 81724 | ||||
| GRF | 335501 | Mental Health Medicaid Match | $ | 186,400,000 | $ | 0 | 81725 | ||||
| GRF | 335505 | Local Mental Health Systems of Care | $ | 49,963,776 | $ | 81726 | |||||
| GRF | 335506 | Residential State Supplement | $ | 4,702,875 | $ | 4,702,875 | 81727 | ||||
| TOTAL GRF General Revenue Fund | $ | 485,915,911 | $ | 81728 | |||||||
| General Services Fund Group | 81729 |
| 1490 | 333609 | Central Office Operating | $ | 1,343,190 | $ | 1,343,190 | 81730 | ||||
| 1490 | 334609 | Hospital - Operating Expenses | $ | 28,190,000 | $ | 28,190,000 | 81731 | ||||
| 1500 | 334620 | Special Education | $ | 150,000 | $ | 150,000 | 81732 | ||||
| 4P90 | 335604 | Community Mental Health Projects | $ | 4,061,100 | $ | 250,000 | 81733 | ||||
| 1510 | 336601 | Office of Support Services | $ | 129,770,770 | $ | 81734 | |||||
| TOTAL GSF General Services Fund Group | $ | 163,515,060 | $ | 81735 | |||||||
| Federal Special Revenue Fund Group | 81736 |
| 3240 | 333605 | Medicaid/Medicare | $ | 154,500 | $ | 154,500 | 81737 | ||||
| 3A60 | 333608 | Federal Miscellaneous | $ | 140,000 | $ | 140,000 | 81738 | ||||
| 3A70 | 333612 | Social Services Block Grant | $ | 50,000 | $ | 50,000 | 81739 | ||||
| 3A80 | 333613 | Federal Grant - Administration | $ | 4,717,000 | $ | 4,717,000 | 81740 | ||||
| 3A90 | 333614 | Mental Health Block Grant - Administration | $ | 748,470 | $ | 748,470 | 81741 | ||||
| 3B10 | 333635 | Community Medicaid Expansion | $ | 13,691,682 | $ | 13,691,682 | 81742 | ||||
| 3240 | 334605 | Medicaid/Medicare | $ | 28,200,000 | $ | 28,200,000 | 81743 | ||||
| 3A60 | 334608 | Federal Miscellaneous | $ | 200,000 | $ | 200,000 | 81744 | ||||
| 3A80 | 334613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 81745 | ||||
| 3A60 | 335608 | Federal Miscellaneous | $ | 2,170,000 | $ | 2,170,000 | 81746 | ||||
| 3A70 | 335612 | Social Services Block Grant | $ | 8,400,000 | $ | 8,400,000 | 81747 | ||||
| 3A80 | 335613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,500,000 | $ | 2,500,000 | 81748 | ||||
| 3A90 | 335614 | Mental Health Block Grant | $ | 14,200,000 | $ | 14,200,000 | 81749 | ||||
| 3B10 | 335635 | Community Medicaid Expansion | $ | 346,200,000 | $ | 0 | 81750 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 421,571,652 | $ | 75,371,652 | 81751 | ||||||
| State Special Revenue Fund Group | 81752 |
| 2320 | 333621 | Family and Children First Administration | $ | 448,286 | $ | 432,197 | 81753 | ||||
| 4850 | 333632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 81754 | ||||
| 4X50 | 333607 | Behavioral Health Medicaid Services | $ | 3,000,624 | $ | 3,000,624 | 81755 | ||||
| 5V20 | 333611 | Non-Federal Miscellaneous | $ | 100,000 | $ | 100,000 | 81756 | ||||
| 4850 | 334632 | Mental Health Operating | $ | 2,477,500 | $ | 2,477,500 | 81757 | ||||
| 5AU0 | 335615 | Behavioral Healthcare | $ | 6,690,000 | $ | 6,690,000 | 81758 | ||||
| 6320 | 335616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 81759 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 13,200,643 | $ | 13,184,554 | 81760 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,084,203,266 | $ | 81761 | |||||||
| Sec. 343.10. DNR DEPARTMENT OF NATURAL RESOURCES | 81763 |
| General Revenue Fund | 81764 |
| GRF | 725401 | Wildlife-GRF Central Support | $ | 1,800,000 | $ | 1,800,000 | 81765 | ||||
| GRF | 725413 | Lease Rental Payments | $ | 20,568,600 | $ | 19,734,700 | 81766 | ||||
| GRF | 725456 | Canal Lands | $ | 135,000 | $ | 135,000 | 81767 | ||||
| GRF | 725502 | Soil and Water Districts | $ | 2,900,000 | $ | 2,900,000 | 81768 | ||||
| GRF | 725903 | Natural Resources General Obligation Debt Service | $ | 5,375,300 | $ | 25,209,100 | 81769 | ||||
| GRF | 727321 | Division of Forestry | $ | 4,878,338 | $ | 4,880,000 | 81770 | ||||
| GRF | 729321 | Office of Information Technology | $ | 194,118 | $ | 197,117 | 81771 | ||||
| GRF | 730321 | Division of Parks and Recreation | $ | 30,000,000 | $ | 30,000,000 | 81772 | ||||
| GRF | 736321 | Division of Engineering | $ | 3,024,459 | $ | 81773 | |||||
| GRF | 737321 | Division of Soil and Water Resources | $ | 4,982,961 | $ | 4,983,356 | 81774 | ||||
| GRF | 741321 | Division of Natural Areas and Preserves | $ | 1,200,000 | $ | 1,200,000 | 81775 | ||||
| TOTAL GRF General Revenue Fund | $ | 75,058,776 | $ | 81776 | |||||||
| General Services Fund Group | 81777 |
| 1550 | 725601 | Departmental Projects | $ | 3,365,651 | $ | 81778 | |||||
| 1570 | 725651 | Central Support Indirect | $ | 5,854,167 | $ | 5,857,800 | 81779 | ||||
| 2040 | 725687 | Information Services | $ | 4,659,276 | $ | 4,643,835 | 81780 | ||||
| 2070 | 725690 | Real Estate Services | $ | 50,000 | $ | 50,000 | 81781 | ||||
| 2230 | 725665 | Law Enforcement Administration | $ | 2,106,776 | $ | 2,126,432 | 81782 | ||||
| 2270 | 725406 | Parks Projects Personnel | $ | 436,500 | $ | 436,500 | 81783 | ||||
| 4300 | 725671 | Canal Lands | $ | 907,618 | $ | 81784 | |||||
| 4D50 | 725618 | Recycled Materials | $ | 50,000 | $ | 81785 | |||||
| 4S90 | 725622 | NatureWorks Personnel | $ | 400,358 | $ | 400,358 | 81786 | ||||
| 4X80 | 725662 | Water Resources Council | $ | 138,011 | $ | 138,005 | 81787 | ||||
| 5100 | 725631 | Maintenance - State-owned Residences | $ | 303,611 | $ | 303,611 | 81788 | ||||
| 5160 | 725620 | Water Management | $ | 2,541,565 | $ | 2,559,292 | 81789 | ||||
| 6350 | 725664 | Fountain Square Facilities Management | $ | 3,544,623 | $ | 81790 | |||||
| 6970 | 725670 | Submerged Lands | $ | 836,162 | $ | 848,546 | 81791 | ||||
| TOTAL GSF General Services | 81792 | ||||||||||
| Fund Group | $ | 25,194,318 | $ | 81793 | |||||||
| Federal Special Revenue Fund Group | 81794 |
| 3320 | 725669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 81795 | ||||
| 3B30 | 725640 | Federal Forest Pass-Thru | $ | 600,000 | $ | 600,000 | 81796 | ||||
| 3B40 | 725641 | Federal Flood Pass-Thru | $ | 600,000 | $ | 600,000 | 81797 | ||||
| 3B50 | 725645 | Federal Abandoned Mine Lands | $ | 21,007,667 | $ | 21,207,667 | 81798 | ||||
| 3B60 | 725653 | Federal Land and Water Conservation Grants | $ | 1,150,000 | $ | 1,150,000 | 81799 | ||||
| 3B70 | 725654 | Reclamation - Regulatory | $ | 3,200,000 | $ | 3,200,000 | 81800 | ||||
| 3P10 | 725632 | Geological Survey - Federal | $ | 692,401 | $ | 692,401 | 81801 | ||||
| 3P20 | 725642 | Oil and Gas-Federal | $ | 234,509 | $ | 234,509 | 81802 | ||||
| 3P30 | 725650 | Coastal Management - Federal | $ | 3,290,633 | $ | 3,290,633 | 81803 | ||||
| 3P40 | 725660 | Federal - Soil and Water Resources | $ | 1,213,048 | $ | 1,209,957 | 81804 | ||||
| 3R50 | 725673 | Acid Mine Drainage Abatement/Treatment | $ | 2,025,001 | $ | 2,025,001 | 81805 | ||||
| 3Z50 | 725657 | Federal Recreation and Trails | $ | 1,850,000 | $ | 1,850,000 | 81806 | ||||
| TOTAL FED Federal Special Revenue | 81807 | ||||||||||
| Fund Group | $ | 36,121,361 | $ | 36,318,270 | 81808 | ||||||
| State Special Revenue Fund Group | 81809 |
| 4J20 | 725628 | Injection Well Review | $ | 130,899 | $ | 128,466 | 81810 | ||||
| 4M70 | 725686 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 81811 | ||||
| 4U60 | 725668 | Scenic Rivers Protection | $ | 100,000 | $ | 100,000 | 81812 | ||||
| 5090 | 725602 | State Forest | $ | 7,891,747 | $ | 7,058,793 | 81813 | ||||
| 5110 | 725646 | Ohio Geological Mapping | $ | 704,777 | $ | 705,130 | 81814 | ||||
| 5120 | 725605 | State Parks Operations | $ | 32,284,117 | $ | 31,550,444 | 81815 | ||||
| 5140 | 725606 | Lake Erie Shoreline | $ | 1,502,654 | $ | 1,505,983 | 81816 | ||||
| 5180 | 725643 | Oil and Gas Permit Fees | $ | 5,821,970 | $ | 81817 | |||||
| 5180 | 725677 | Oil and Gas Well Plugging | $ | 800,000 | $ | 800,000 | 81818 | ||||
| 5210 | 725627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 81819 | ||||
| 5220 | 725656 | Natural Areas and Preserves | $ | 546,580 | $ | 546,639 | 81820 | ||||
| 5260 | 725610 | Strip Mining Administration Fee | $ | 2,000,000 | $ | 2,000,000 | 81821 | ||||
| 5270 | 725637 | Surface Mining Administration | $ | 1,940,977 | $ | 1,941,532 | 81822 | ||||
| 5290 | 725639 | Unreclaimed Land Fund | $ | 2,004,180 | $ | 2,004,180 | 81823 | ||||
| 5310 | 725648 | Reclamation Forfeiture | $ | 1,423,000 | $ | 81824 | |||||
| 5320 | 725644 | Litter Control and Recycling | $ | 4,926,730 | $ | 81825 | |||||
| 5860 | 725633 | Scrap Tire Program | $ | 1,497,645 | $ | 81826 | |||||
| 5B30 | 725674 | Mining Regulation | $ | 28,135 | $ | 28,135 | 81827 | ||||
| 5BV0 | 725658 | Heidelberg Water Quality Lab | $ | 250,000 | $ | 250,000 | 81828 | ||||
| 5BV0 | 725683 | Soil and Water Districts | $ | 8,000,000 | $ | 8,000,000 | 81829 | ||||
| 5CU0 | 725647 | Mine Safety | $ | 3,000,000 | $ | 3,000,000 | 81830 | ||||
| 5EJ0 | 725608 | Forestry Law Enforcement | $ | 1,000 | $ | 1,000 | 81831 | ||||
| 5EK0 | 725611 | Natural Areas & Preserves Law Enforcement | $ | 1,000 | $ | 1,000 | 81832 | ||||
| 5EL0 | 725612 | Wildlife Law Enforcement | $ | 12,000 | $ | 12,000 | 81833 | ||||
| 5EM0 | 725613 | Park Law Enforcement | $ | 34,000 | $ | 34,000 | 81834 | ||||
| 5EN0 | 725614 | Watercraft Law Enforcement | $ | 2,500 | $ | 2,500 | 81835 | ||||
| 5HK0 | 725625 | Ohio Nature Preserves | $ | 1,000 | $ | 1,000 | 81836 | ||||
| 6150 | 725661 | Dam Safety | $ | 925,344 | $ | 926,028 | 81837 | ||||
| TOTAL SSR State Special Revenue | 81838 | ||||||||||
| Fund Group | $ | 76,073,745 | $ | 81839 | |||||||
| Clean Ohio Conservation Fund Group | 81840 |
| 7061 | 725405 | Clean Ohio Operating | $ | 300,775 | $ | 300,775 | 81841 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 300,775 | $ | 300,775 | 81842 | ||||||
| Wildlife Fund Group | 81843 |
| 5P20 | 725634 | Wildlife Boater Angler Administration | $ | 4,000,000 | $ | 4,000,000 | 81844 | ||||
| 7015 | 740401 | Division of Wildlife Conservation | $ | 52,721,044 | $ | 51,669,158 | 81845 | ||||
| 8150 | 725636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 81846 | ||||
| 8160 | 725649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 81847 | ||||
| 8170 | 725655 | Wildlife Conservation Checkoff Fund | $ | 3,240,000 | $ | 3,240,000 | 81848 | ||||
| 8180 | 725629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 81849 | ||||
| 8190 | 725685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 81850 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 62,676,962 | $ | 61,625,076 | 81851 | ||||||
| Waterways Safety Fund Group | 81852 |
| 7086 | 725414 | Waterways Improvement | $ | 5,692,601 | $ | 5,693,671 | 81853 | ||||
| 7086 | 725418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 81854 | ||||
| 7086 | 725501 | Waterway Safety Grants | $ | 120,000 | $ | 120,000 | 81855 | ||||
| 7086 | 725506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 81856 | ||||
| 7086 | 725513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 81857 | ||||
| 7086 | 739401 | Division of Watercraft | $ | 18,040,593 | $ | 17,552,370 | 81858 | ||||
| TOTAL WSF Waterways Safety Fund | 81859 | ||||||||||
| Group | $ | 24,848,172 | $ | 24,361,019 | 81860 | ||||||
| Accrued Leave Liability Fund Group | 81861 |
| 4M80 | 725675 | FOP Contract | $ | 20,219 | $ | 20,219 | 81862 | ||||
| TOTAL ALF Accrued Leave | 81863 | ||||||||||
| Liability Fund Group | $ | 20,219 | $ | 20,219 | 81864 | ||||||
| Holding Account Redistribution Fund Group | 81865 |
| R017 | 725659 | Performance Cash Bond Refunds | $ | 296,263 | $ | 296,263 | 81866 | ||||
| R043 | 725624 | Forestry | $ | 2,000,000 | $ | 2,154,750 | 81867 | ||||
| TOTAL 090 Holding Account | 81868 | ||||||||||
| Redistribution Fund Group | $ | 2,296,263 | $ | 2,451,013 | 81869 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 302,590,591 | $ | 81870 | |||||||
| Sec. 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 81872 |
| General Services Fund Group | 81873 |
| 5F60 | 870622 | Utility and Railroad Regulation | $ | 30,637,234 | $ | 31,638,708 | 81874 | ||||
| 5F60 | 870624 | NARUC/NRRI Subsidy | $ | 158,000 | $ | 81875 | |||||
| 5F60 | 870625 | Motor Transportation Regulation | $ | 4,976,641 | $ | 81876 | |||||
| 5Q50 | 870626 | Telecommunications Relay Service | $ | 5,000,000 | $ | 5,000,000 | 81877 | ||||
| TOTAL GSF General Services | 81878 | ||||||||||
| Fund Group | $ | 40,771,875 | $ | 81879 | |||||||
| Federal Special Revenue Fund Group | 81880 |
| 3330 | 870601 | Gas Pipeline Safety | $ | 597,959 | $ | 597,959 | 81881 | ||||
| 3500 | 870608 | Motor Carrier Safety | $ | 7,351,660 | $ | 7,351,660 | 81882 | ||||
| 3CU0 | 870627 | Electric Market Modeling | $ | 91,183 | $ | 0 | 81883 | ||||
| 3EA0 | 870630 | Energy Assurance Planning | $ | 384,000 | $ | 384,000 | 81884 | ||||
| 3ED0 | 870631 | State Regulators Assistance | $ | 231,824 | $ | 231,824 | 81885 | ||||
| 3V30 | 870604 | Commercial Vehicle Information Systems/Networks | $ | 100,000 | $ | 100,000 | 81886 | ||||
| TOTAL FED Federal Special Revenue | 81887 | ||||||||||
| Fund Group | $ | 8,756,626 | $ | 8,665,443 | 81888 | ||||||
| State Special Revenue Fund Group | 81889 |
| 4A30 | 870614 | Grade Crossing Protection Devices-State | $ | 1,347,357 | $ | 1,347,357 | 81890 | ||||
| 4L80 | 870617 | Pipeline Safety-State | $ | 181,992 | $ | 181,992 | 81891 | ||||
| 4S60 | 870618 | Hazardous Material Registration | $ | 450,395 | $ | 81892 | |||||
| 4S60 | 870621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 81893 | |||||
| 4U80 | 870620 | Civil Forfeitures | $ | 277,347 | $ | 81894 | |||||
| 5590 | 870605 | Public Utilities Territorial Administration | $ | 3,880 | $ | 81895 | |||||
| 5600 | 870607 | Special Assessment | $ | 97,000 | $ | 81896 | |||||
| 5610 | 870606 | Power Siting Board | $ | 631,508 | $ | 81897 | |||||
| 5BP0 | 870623 | Wireless 9-1-1 Administration | $ | 36,440,000 | $ | 81898 | |||||
| 5HD0 | 870629 | Radioactive Waste Transportation | $ | 98,800 | $ | 81899 | |||||
| 5LT0 | 870640 | Intrastate Registration | $ | 0 | $ | 180,000 | 81900 | ||||
| 5LT0 | 870641 | Unified Carrier Registration | $ | 0 | $ | 420,000 | 81901 | ||||
| 5LT0 | 870642 | Hazardous Materials Registration | $ | 0 | $ | 823,741 | 81902 | ||||
| 5LT0 | 870643 | Nonhazardous Materials Civil Forfeiture | $ | 0 | $ | 277,496 | 81903 | ||||
| 5LT0 | 870644 | Hazardous Materials Civil Forfeiture | $ | 0 | $ | 898,800 | 81904 | ||||
| 5LT0 | 870645 | Motor Carrier Enforcement | $ | 0 | $ | 5,401,318 | 81905 | ||||
| 6380 | 870611 | Biofuels/Municipal Waste Technology | $ | 570 | $ | 0 | 81906 | ||||
| 6610 | 870612 | Hazardous Materials Transportation | $ | 898,800 | $ | 81907 | |||||
| TOTAL SSR State Special Revenue | 81908 | ||||||||||
| Fund Group | $ | 40,800,995 | $ | 81909 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 90,329,496 | $ | 81910 | |||||||
| COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM | 81911 |
| The Community-voicemail Service Pilot Program assessments | 81912 |
| authorized by Section 6 of Sub. S.B. 162 of the 128th General | 81913 |
| Assembly shall cease. These assessments shall be refunded without | 81914 |
| interest to those assessed under the program by the Public | 81915 |
| Utilities Commission within 60 days of the effective date of this | 81916 |
| section. | 81917 |
| FUND ADJUSTMENTS | 81918 |
| On July 1, 2012, or as soon as practicable thereafter, the | 81919 |
| Director of Budget and Management shall transfer the cash balances | 81920 |
| in the Hazardous Materials Registration Fund (Fund 4S60) and the | 81921 |
| Base State Registration Fund (Fund 4G40) to the Public Utilities | 81922 |
| Transportation Safety Fund (Fund 5LT0). The Director shall cancel | 81923 |
| any existing encumbrances against appropriation items 870618, | 81924 |
| Hazardous Material Registration, and 870621, Hazardous Materials | 81925 |
| Base State Registration, and reestablish them against | 81926 |
| appropriation item 870642, Hazardous Materials Registration. The | 81927 |
| amounts of the reestablished encumbrances are hereby appropriated. | 81928 |
| Upon completion of these transfers, the Hazardous Materials | 81929 |
| Registration Fund (Fund 4S60) and the Base State Registration Fund | 81930 |
| (Fund 4G40) are hereby abolished. | 81931 |
| On July 1, 2012, or as soon as practicable thereafter, the | 81932 |
| Director of Budget and Management shall transfer the cash balance | 81933 |
| in the Transportation Enforcement Fund (Fund 4U80) to the Public | 81934 |
| Utilities Transportation Safety Fund (Fund 5LT0). The Director | 81935 |
| shall cancel any existing encumbrances against appropriation item | 81936 |
| 870620, Civil Forfeitures, and reestablish them against | 81937 |
| appropriation item 870643, Nonhazardous Materials Civil | 81938 |
| Forfeitures. The amounts of the reestablished encumbrances are | 81939 |
| hereby appropriated. Upon completion of these transfers, the | 81940 |
| Transportation Enforcement Fund (Fund 4U80) is hereby abolished. | 81941 |
| On July 1, 2012, or as soon as practicable thereafter, the | 81942 |
| Director of Budget and Management shall transfer the cash balance | 81943 |
| in the Radioactive Waste Transportation Fund (Fund 5HD0) to the | 81944 |
| Public Utilities Transportation Safety Fund (Fund 5LT0). The | 81945 |
| Director shall cancel any existing encumbrances against | 81946 |
| appropriation item 870629, Radioactive Waste Transportation, and | 81947 |
| reestablish them against appropriation item 870645, Motor Carrier | 81948 |
| Enforcement. The amounts of the reestablished encumbrances are | 81949 |
| hereby appropriated. Upon completion of these transfers, the | 81950 |
| Radioactive Waste Transportation Fund (Fund 5HD0) is hereby | 81951 |
| abolished. | 81952 |
| On July 1, 2012, or as soon as practicable thereafter, the | 81953 |
| Director of Budget and Management shall transfer the cash balance | 81954 |
| in the Hazardous Materials Transportation Fund (Fund 6610) to the | 81955 |
| Public Utilities Transportation Safety Fund (Fund 5LT0). The | 81956 |
| Director shall cancel any existing encumbrances against | 81957 |
| appropriation item 870612, Hazardous Materials Transportation, and | 81958 |
| reestablish them against appropriation item 870644, Hazardous | 81959 |
| Materials Civil Forfeitures. The amounts of the reestablished | 81960 |
| encumbrances are hereby appropriated. Upon completion of these | 81961 |
| transfers, the Hazardous Materials Transportation Fund (Fund 6610) | 81962 |
| is hereby abolished. | 81963 |
| On July 1, 2012, or as soon as practicable thereafter, the | 81964 |
| Director of Budget and Management shall transfer cash in an amount | 81965 |
| up to $21,000,000 from the Public Utilities Fund (Fund 5F60) to | 81966 |
| the Public Utilities Transportation Safety Fund (Fund 5LT0). The | 81967 |
| Director shall cancel any existing encumbrances against | 81968 |
| appropriation item 870625, Motor Transportation Regulation, and | 81969 |
| reestablish encumbrances or parts of encumbrances as needed in the | 81970 |
| fiscal year in the appropriate fund and appropriation item for the | 81971 |
| same purpose and to the same vendor. The amounts of the | 81972 |
| reestablished encumbrances are hereby appropriated. | 81973 |
| The fund created by division (E) of section 4921.21 of the | 81974 |
| Revised Code is the same fund, with the same name, as the Motor | 81975 |
| Carrier Safety Fund (Fund 3500). | 81976 |
| The fund created by division (D) of section 4921.21 of the | 81977 |
| Revised Code is the same fund, with the same name, as the | 81978 |
| Commercial Vehicle Transportation Systems Fund (Fund 3V30). | 81979 |
| Sec. 367.10. PWC PUBLIC WORKS COMMISSION | 81980 |
| General Revenue Fund | 81981 |
| GRF | 150904 | Conservation General Obligation Debt Service | $ | 21,953,000 | $ | 29,297,300 | 81982 | ||||
| GRF | 150907 | State Capital Improvements | $ | 106,770,600 | $ | 81983 | |||||
| General Obligation Debt Service | 81984 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 128,723,600 | $ | 81985 | |||||||
| Clean Ohio Conservation Fund Group | 81986 |
| 7056 | 150403 | Clean Ohio Operating Expenses | $ | 300,000 | $ | 288,980 | 81987 | ||||
| TOTAL 056 Clean Ohio Conservation Fund Group | $ | 300,000 | $ | 288,980 | 81988 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 129,023,600 | $ | 81989 | |||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 81990 |
| The foregoing appropriation item 150904, Conservation General | 81991 |
| Obligation Debt Service, shall be used to pay all debt service and | 81992 |
| related financing costs during the period from July 1, 2011, | 81993 |
| through June 30, 2013, at the times they are required to be made | 81994 |
| for obligations issued under sections 151.01 and 151.09 of the | 81995 |
| Revised Code. | 81996 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 81997 |
| The foregoing appropriation item 150907, State Capital | 81998 |
| Improvements General Obligation Debt Service, shall be used to pay | 81999 |
| all debt service and related financing costs during the period | 82000 |
| from July 1, 2011, through June 30, 2013, at the times they are | 82001 |
| required to be made for obligations issued under sections 151.01 | 82002 |
| and 151.08 of the Revised Code. | 82003 |
| CLEAN OHIO OPERATING EXPENSES | 82004 |
| The foregoing appropriation item 150403, Clean Ohio Operating | 82005 |
| Expenses, shall be used by the Ohio Public Works Commission in | 82006 |
| administering Clean Ohio Conservation Fund (Fund 7056) projects | 82007 |
| pursuant to sections 164.20 to 164.27 of the Revised Code. | 82008 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 82009 |
| (A) On or before July 15, 2013, the Director of the Public | 82010 |
| Works Commission shall certify to the Director of Budget and | 82011 |
| Management the following: | 82012 |
| (1) The total amount disbursed from appropriation item | 82013 |
| 700409, Farmland Preservation, during the FY 2012-FY 2013 | 82014 |
| biennium; and | 82015 |
| (2) The amount of interest earnings that have been credited | 82016 |
| to the Clean Ohio Conservation Fund (Fund 7056) that are in excess | 82017 |
| of the amount needed for other purposes as calculated by the | 82018 |
| Director of the Public Works Commission. | 82019 |
| (B) If the Director of Budget and Management determines under | 82020 |
| division (A)(2) of this section that there are excess interest | 82021 |
| earnings, the Director of Budget and Management shall, on or | 82022 |
| before July 15, 2013, transfer the excess interest earnings to the | 82023 |
| General Revenue Fund in an amount equal to the total amount | 82024 |
| disbursed under division (A)(1) of this section from the Clean | 82025 |
| Ohio Conservation Fund (Fund 7056). | 82026 |
| Sec. 369.10. RAC STATE RACING COMMISSION | 82027 |
| State Special Revenue Fund Group | 82028 |
| 5620 | 875601 | Thoroughbred Race Fund | $ | 1,796,328 | $ | 1,696,456 | 82029 | ||||
| 5630 | 875602 | Standardbred Development Fund | $ | 1,697,418 | $ | 1,697,452 | 82030 | ||||
| 5640 | 875603 | Quarter Horse Development Fund | $ | 1,000 | $ | 1,000 | 82031 | ||||
| 5650 | 875604 | Racing Commission Operating | $ | 3,095,331 | $ | 2,934,178 | 82032 | ||||
| 5C40 | 875607 | Simulcast Horse Racing Purse | $ | 12,000,000 | $ | 12,000,000 | 82033 | ||||
| 5JK0 | 875610 | Racing Commission Fund | $ | 339,919 | $ | 8,169,547 | 82034 | ||||
| TOTAL SSR State Special Revenue | 82035 | ||||||||||
| Fund Group | $ | $ | 82036 | ||||||||
| Holding Account Redistribution Fund Group | 82037 |
| R021 | 875605 | Bond Reimbursements | $ | 100,000 | $ | 100,000 | 82038 | ||||
| TOTAL 090 Holding Account Redistribution | 82039 | ||||||||||
| Fund Group | $ | 100,000 | $ | 100,000 | 82040 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 82041 | ||||||||
| Sec. 371.10. BOR BOARD OF REGENTS | 82043 |
| General Revenue Fund | 82044 |
| GRF | 235321 | Operating Expenses | $ | 2,300,000 | $ | 2,300,000 | 82045 | ||||
| GRF | 235401 | Lease Rental Payments | $ | 83,151,600 | $ | 57,634,400 | 82046 | ||||
| GRF | 235402 | Sea Grants | $ | 285,000 | $ | 285,000 | 82047 | ||||
| GRF | 235406 | Articulation and Transfer | $ | 2,000,000 | $ | 2,000,000 | 82048 | ||||
| GRF | 235408 | Midwest Higher Education Compact | $ | 95,000 | $ | 95,000 | 82049 | ||||
| GRF | 235409 | HEI Information System | $ | 800,000 | $ | 800,000 | 82050 | ||||
| GRF | 235414 | State Grants and Scholarship Administration | $ | 1,230,000 | $ | 1,230,000 | 82051 | ||||
| GRF | 235417 | $ | 2,532,688 | $ | 2,532,688 | 82052 | |||||
| GRF | 235428 | Appalachian New Economy Partnership | $ | 737,366 | $ | 737,366 | 82053 | ||||
| GRF | 235433 | Economic Growth Challenge | $ | 440,000 | $ | 440,000 | 82054 | ||||
| GRF | 235438 | Choose Ohio First Scholarship | $ | 15,750,085 | $ | 15,750,085 | 82055 | ||||
| GRF | 235443 | Adult Basic and Literacy Education - State | $ | 7,302,416 | $ | 7,302,416 | 82056 | ||||
| GRF | 235444 | Post-Secondary Adult Career-Technical Education | $ | 15,317,547 | $ | 15,317,547 | 82057 | ||||
| GRF | 235474 | Area Health Education Centers Program Support | $ | 900,000 | $ | 900,000 | 82058 | ||||
| GRF | 235501 | State Share of Instruction | $ | 1,735,530,031 | $ | 1,751,225,497 | 82059 | ||||
| GRF | 235502 | Student Support Services | $ | 632,974 | $ | 632,974 | 82060 | ||||
| GRF | 235504 | War Orphans Scholarships | $ | 4,787,833 | $ | 4,787,833 | 82061 | ||||
| GRF | 235507 | OhioLINK | $ | 6,100,000 | $ | 6,100,000 | 82062 | ||||
| GRF | 235508 | Air Force Institute of Technology | $ | 1,740,803 | $ | 1,740,803 | 82063 | ||||
| GRF | 235510 | Ohio Supercomputer Center | $ | 3,347,418 | $ | 3,347,418 | 82064 | ||||
| GRF | 235511 | Cooperative Extension Service | $ | 22,220,910 | $ | 22,220,910 | 82065 | ||||
| GRF | 235514 | Central State Supplement | $ | 11,503,651 | $ | 10,928,468 | 82066 | ||||
| GRF | 235515 | Case Western Reserve University School of Medicine | $ | 2,146,253 | $ | 2,146,253 | 82067 | ||||
| GRF | 235519 | Family Practice | $ | 3,166,185 | $ | 3,166,185 | 82068 | ||||
| GRF | 235520 | Shawnee State Supplement | $ | 2,448,523 | $ | 2,326,097 | 82069 | ||||
| GRF | 235524 | Police and Fire Protection | $ | 107,814 | $ | 107,814 | 82070 | ||||
| GRF | 235525 | Geriatric Medicine | $ | 522,151 | $ | 522,151 | 82071 | ||||
| GRF | 235526 | Primary Care Residencies | $ | 1,500,000 | $ | 1,500,000 | 82072 | ||||
| GRF | 235535 | Ohio Agricultural Research and Development Center | $ | 33,100,000 | $ | 33,100,000 | 82073 | ||||
| GRF | 235536 | The Ohio State University Clinical Teaching | $ | 9,668,941 | $ | 9,668,941 | 82074 | ||||
| GRF | 235537 | University of Cincinnati Clinical Teaching | $ | 7,952,573 | $ | 7,952,573 | 82075 | ||||
| GRF | 235538 | University of Toledo Clinical Teaching | $ | 6,198,600 | $ | 6,198,600 | 82076 | ||||
| GRF | 235539 | Wright State University Clinical Teaching | $ | 3,011,400 | $ | 3,011,400 | 82077 | ||||
| GRF | 235540 | Ohio University Clinical Teaching | $ | 2,911,212 | $ | 2,911,212 | 82078 | ||||
| GRF | 235541 | Northeast Ohio Medical University Clinical Teaching | $ | 2,994,178 | $ | 2,994,178 | 82079 | ||||
| GRF | 235552 | Capital Component | $ | 20,638,274 | $ | 82080 | |||||
| GRF | 235555 | Library Depositories | $ | 1,440,342 | $ | 1,440,342 | 82081 | ||||
| GRF | 235556 | Ohio Academic Resources Network | $ | 3,172,519 | $ | 3,172,519 | 82082 | ||||
| GRF | 235558 | Long-term Care Research | $ | 195,300 | $ | 195,300 | 82083 | ||||
| GRF | 235563 | Ohio College Opportunity Grant | $ | 80,284,265 | $ | 80,284,265 | 82084 | ||||
| GRF | 235572 | The Ohio State University Clinic Support | $ | 766,533 | $ | 766,533 | 82085 | ||||
| GRF | 235599 | National Guard Scholarship Program | $ | 16,912,271 | $ | 18,143,293 | 82086 | ||||
| GRF | 235909 | Higher Education General Obligation Debt Service | $ | 108,262,500 | $ | 201,555,000 | 82087 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,226,105,156 | $ | 82088 | |||||||
| General Services Fund Group | 82089 |
| 2200 | 235614 | Program Approval and Reauthorization | $ | 1,311,567 | $ | 1,457,959 | 82090 | ||||
| 4560 | 235603 | Sales and Services | $ | 199,250 | $ | 199,250 | 82091 | ||||
| 5JC0 | 235649 | Co-op Internship Program | $ | 12,000,000 | $ | 12,000,000 | 82092 | ||||
| 5JC0 | 235667 | Ohio College Opportunity Grant-Proprietary | $ | 6,000,000 | $ | 6,000,000 | 82093 | ||||
| 5JC0 | 235668 | Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute | $ | 4,000,000 | $ | 4,000,000 | 82094 | ||||
| TOTAL GSF General Services | 82095 | ||||||||||
| Fund Group | $ | 23,510,817 | $ | 23,657,209 | 82096 | ||||||
| Federal Special Revenue Fund Group | 82097 |
| 3120 | 235609 | Tech Prep | $ | 183,850 | $ | 82098 | |||||
| 3120 | 235611 | Gear-up Grant | $ | 3,900,000 | $ | 82099 | |||||
| 3120 | 235612 | Carl D. Perkins Grant/Plan Administration | $ | 912,961 | $ | 912,961 | 82100 | ||||
| 3120 | 235617 | Improving Teacher Quality Grant | $ | 3,200,000 | $ | 3,200,000 | 82101 | ||||
| 3120 | 235641 | Adult Basic and Literacy Education - Federal | $ | 14,835,671 | $ | 14,835,671 | 82102 | ||||
| 3120 | 235659 | Race to the Top Scholarship Program | $ | 2,400,000 | $ | 82103 | |||||
| 3120 | 235660 | Race to the Top Educator Preparation Reform Initiative | $ | 448,000 | $ | 82104 | |||||
| 3120 | 235661 | Americorps Grant | $ | 260,000 | $ | 82105 | |||||
| 3H20 | 235608 | Human Services Project | $ | 3,500,000 | $ | 3,500,000 | 82106 | ||||
| 3N60 | 235638 | College Access Challenge Grant | $ | 4,381,431 | $ | 4,381,431 | 82107 | ||||
| TOTAL FED Federal Special Revenue | 82108 | ||||||||||
| Fund Group | $ | 34,021,913 | $ | 82109 | |||||||
| State Special Revenue Fund Group | 82110 |
| 4E80 | 235602 | Higher Educational Facility Commission Administration | $ | 29,100 | $ | 29,100 | 82111 | ||||
| 5FR0 | 235640 | $ | 919,719 | $ | 919,719 | 82112 | |||||
| 5FR0 | 235647 | Developmental Education Initiatives | $ | 135,000 | $ | 135,000 | 82113 | ||||
| 5FR0 | 235657 | Win-Win Grant | $ | 37,000 | $ | 15,000 | 82114 | ||||
| 5P30 | 235663 | Variable Savings Plan | $ | 8,946,994 | $ | 9,072,136 | 82115 | ||||
| 6450 | 235664 | Guaranteed Savings Plan | $ | 900,293 | $ | 907,514 | 82116 | ||||
| 6820 | 235606 | Nursing Loan Program | $ | 891,320 | $ | 891,320 | 82117 | ||||
| TOTAL SSR State Special Revenue | 82118 | ||||||||||
| Fund Group | $ | 11,859,426 | $ | 11,969,789 | 82119 | ||||||
| Third Frontier Research & Development Fund Group | 82120 |
| 7011 | 235634 | Research Incentive Third Frontier Fund | $ | 8,000,000 | $ | 8,000,000 | 82121 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 8,000,000 | $ | 8,000,000 | 82122 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,303,497,312 | $ | 82123 | |||||||
| Sec. 371.60.80. (A) The Ohio Digital Learning Task Force is | 82125 |
| hereby established to develop a strategy for the expansion of | 82126 |
| digital learning that enables students to customize their | 82127 |
| education, produces cost savings, and meets the needs of Ohio's | 82128 |
| economy. The Task Force shall consist of the following members: | 82129 |
| (1) The Chancellor of the Ohio Board of Regents or the | 82130 |
| Chancellor's designee; | 82131 |
| (2) The Superintendent of Public Instruction or the | 82132 |
| Superintendent's designee; | 82133 |
| (3) The Director of the Governor's Office of 21st Century | 82134 |
| Education or the Director's designee; | 82135 |
| (4) Up to six members appointed by the Governor, who shall be | 82136 |
| representatives of school districts or community schools, | 82137 |
| established under Chapter 3314. of the Revised Code, that are | 82138 |
| high-performing of their type and have demonstrated the ability to | 82139 |
| incorporate technology into the classroom successfully; | 82140 |
| (5) A member appointed by the President of the Senate; | 82141 |
| (6) A member appointed by the Speaker of the House of | 82142 |
| Representatives. | 82143 |
| (B) Members of the Task Force shall be appointed not later | 82144 |
| than sixty days after the effective date of this section. | 82145 |
| Vacancies on the Task Force shall be filled in the same manner as | 82146 |
| the original appointments. Members shall serve without | 82147 |
| compensation. | 82148 |
| (C) The Governor shall designate the chairperson of the Task | 82149 |
| Force. All meetings of the Task Force shall be held at the call of | 82150 |
| the chairperson. | 82151 |
| (D) The Task Force shall do all of the following: | 82152 |
| (1) Request information from textbook publishers about the | 82153 |
| development of digital textbooks and other new digital content | 82154 |
| distribution methods for use by primary, secondary, and | 82155 |
| post-secondary schools and institutions and examine that | 82156 |
| information; | 82157 |
| (2) Examine potential cost savings and efficiency of | 82158 |
| utilizing digital textbooks and other new digital content | 82159 |
| distribution methods in primary, secondary, and post-secondary | 82160 |
| schools and institutions; | 82161 |
| (3) Examine potential academic benefits of utilizing digital | 82162 |
| textbooks and other new digital content distribution methods, | 82163 |
| including, but not limited to, the ability to individualize | 82164 |
| content to specific student learning styles, accessibility for | 82165 |
| individuals with disabilities, and the integration of formative | 82166 |
| and other online assessments; | 82167 |
| (4) Examine digital content pilot programs and initiatives | 82168 |
| currently operating at primary, secondary, and post-secondary | 82169 |
| schools and institutions in Ohio, including, but not limited to, | 82170 |
| those financed in part with federal funds; | 82171 |
| (5) Examine any state-level initiatives to provide or | 82172 |
| facilitate use of digital content in primary, secondary, and | 82173 |
| post-secondary schools and institutions in Ohio. | 82174 |
| (E) The Task Force shall make recommendations regarding all | 82175 |
| of the following: | 82176 |
| (1) The creation of high quality digital content and | 82177 |
| instruction in grades kindergarten to twelve for free access by | 82178 |
| public and nonpublic schools and students receiving home | 82179 |
| instruction; | 82180 |
| (2) High quality professional development for teachers and | 82181 |
| principals providing online instruction or blended learning | 82182 |
| programs; | 82183 |
| (3) Funding strategies that create incentives for high | 82184 |
| performance, innovation, and options in course providers and | 82185 |
| delivery; | 82186 |
| (4) Student assessment and accountability; | 82187 |
| (5) Infrastructure to support digital learning; | 82188 |
| (6) Mobile learning and mobile learning applications; | 82189 |
| (7) The clearinghouse established under section 3333.82 of | 82190 |
| the Revised Code; | 82191 |
| (8) Ways to align the resources and digital learning | 82192 |
| initiatives of state agencies and offices; | 82193 |
| (9) Methods for removing redundancy and inefficiency in, and | 82194 |
| for providing coordination, of all digital learning programs, | 82195 |
| including the provision of free online instruction to public and | 82196 |
| nonpublic schools on a statewide basis; | 82197 |
| (10) Methods of addressing future changes in technology and | 82198 |
| learning. | 82199 |
| | 82200 |
| issue a report of its findings and recommendations to the | 82201 |
| Governor, the President of the Senate, and the Speaker of the | 82202 |
|
House of Representatives. | 82203 |
| report, the Task Force shall monitor the implementation of its | 82204 |
| recommendations. Not later than June 30, 2013, the Task Force | 82205 |
| shall report to the Governor, the President of the Senate, and the | 82206 |
| Speaker of the House of Representatives whether digital learning | 82207 |
| is advancing in Ohio schools and submit any recommendations to | 82208 |
| further enhance the full deployment of useful digital learning | 82209 |
| programs and services. The Task Force shall cease to exist on June | 82210 |
| 30, 2013. | 82211 |
| Sec. 373.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION | 82212 |
| General Revenue Fund | 82213 | ||||||||||
| GRF | 501321 | Institutional Operations | $ | 909,547,156 | $ | 866,592,589 | 82214 | ||||
| GRF | 501403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 82215 | ||||
| GRF | 501405 | Halfway House | $ | 43,637,069 | $ | 43,622,104 | 82216 | ||||
| GRF | 501406 | Lease Rental Payments | $ | 42,863,100 | $ | 104,301,500 | 82217 | ||||
| GRF | 501407 | Community Nonresidential Programs | $ | 25,859,382 | $ | 25,839,390 | 82218 | ||||
| GRF | 501408 | Community Misdemeanor Programs | $ | 14,906,800 | $ | 14,906,800 | 82219 | ||||
| GRF | 501501 | Community Residential Programs - CBCF | $ | 62,692,785 | $ | 62,477,785 | 82220 | ||||
| GRF | 502321 | Mental Health Services | $ | 58,525,816 | $ | 51,778,513 | 82221 | ||||
| GRF | 503321 | Parole and Community Operations | $ | 68,197,272 | $ | 63,783,848 | 82222 | ||||
| GRF | 504321 | Administrative Operations | $ | 21,996,504 | $ | 20,085,474 | 82223 | ||||
| GRF | 505321 | Institution Medical Services | $ | 209,231,014 | $ | 195,241,961 | 82224 | ||||
| GRF | 506321 | Institution Education Services | $ | 20,237,576 | $ | 18,086,492 | 82225 | ||||
| GRF | 507321 | Institution Recovery Services | $ | 5,786,109 | $ | 5,375,737 | 82226 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,492,079,838 | $ | 1,480,691,448 | 82227 | ||||||
| General Services Fund Group | 82228 |
| 1480 | 501602 | $ | 3,579,250 | $ | 3,584,263 | 82229 | |||||
| 2000 | 501607 | Ohio Penal Industries | $ | 38,000,000 | $ | 38,000,000 | 82230 | ||||
| 4830 | 501605 | Property Receipts | $ | 182,723 | $ | 182,086 | 82231 | ||||
| 4B00 | 501601 | Sewer Treatment Services | $ | 2,145,630 | $ | 82232 | |||||
| 4D40 | 501603 | Prisoner Programs | $ | 14,900,000 | $ | 14,900,000 | 82233 | ||||
| 4L40 | 501604 | Transitional Control | $ | 1,168,843 | $ | 82234 | |||||
| 4S50 | 501608 | Education Services | $ | 2,376,041 | $ | 2,359,775 | 82235 | ||||
| 5710 | 501606 | Training Academy Receipts | $ | 125,000 | $ | 125,000 | 82236 | ||||
| 5930 | 501618 | Laboratory Services | $ | 6,665,137 | $ | 6,664,729 | 82237 | ||||
| 5AF0 | 501609 | State and Non-Federal Awards | $ | 1,440,000 | $ | 1,440,000 | 82238 | ||||
| 5H80 | 501617 | Offender Financial Responsibility | $ | 2,000,000 | $ | 2,000,000 | 82239 | ||||
| 5L60 | 501611 | Information Technology Services | $ | 600,000 | $ | 82240 | |||||
| TOTAL GSF General Services Fund Group | $ | 73,182,624 | $ | 82241 | |||||||
| Federal Special Revenue Fund Group | 82242 |
| 3230 | 501619 | Federal Grants | $ | 9,013,558 | $ | 9,180,703 | 82243 | ||||
| TOTAL FED Federal Special Revenue | 82244 | ||||||||||
| Fund Group | $ | 9,013,558 | $ | 9,180,703 | 82245 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,574,276,020 | $ | 82246 | |||||||
| TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL | 82247 |
| SENTENCING REFORMS | 82248 |
| For the purposes of implementing criminal sentencing reforms, | 82249 |
| and notwithstanding any other provision of law to the contrary, | 82250 |
| the Director of Budget and Management, at the request of the | 82251 |
| Director of Rehabilitation and Correction, may transfer up to | 82252 |
| $14,000,000 in appropriations, in each of fiscal years 2012 and | 82253 |
| 2013, from appropriation item 501321, Institutional Operations, to | 82254 |
| any combination of appropriation items 501405, Halfway House; | 82255 |
| 501407, Community Residential Programs; 501408, Community | 82256 |
| Misdemeanor Programs; and 501501, Community Residential Programs - | 82257 |
| CBCF. | 82258 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 82259 |
| The foregoing appropriation item 501406, Lease Rental | 82260 |
| Payments, shall be used to meet all payments at the times they are | 82261 |
| required to be made during the period from July 1, 2011, through | 82262 |
| June 30, 2013, by the Department of Rehabilitation and Correction | 82263 |
| to the Ohio Building Authority under the primary leases and | 82264 |
| agreements for those buildings made under Chapter 152. of the | 82265 |
| Revised Code. These appropriations are the source of funds pledged | 82266 |
| for bond service charges or obligations issued pursuant to Chapter | 82267 |
| 152. of the Revised Code. | 82268 |
| OSU MEDICAL CHARGES | 82269 |
| Notwithstanding section 341.192 of the Revised Code, at the | 82270 |
| request of the Department of Rehabilitation and Correction, The | 82271 |
| Ohio State University Medical Center, including the James Cancer | 82272 |
| Hospital and Solove Research Institute and the Richard M. Ross | 82273 |
| Heart Hospital, shall provide necessary care to persons who are | 82274 |
| confined in state adult correctional facilities. The provision of | 82275 |
| necessary care shall be billed to the Department at a rate not to | 82276 |
| exceed the authorized reimbursement rate for the same service | 82277 |
| established by the Department of Job and Family Services under the | 82278 |
| Medical Assistance Program. | 82279 |
| CASH TRANSFER FROM INSTITUTIONAL SERVICES FUND TO OHIO PENAL | 82280 |
| INDUSTRIES FUND | 82281 |
| The Director of Budget and Management may transfer an amount | 82282 |
| not to exceed $4,000,000 in cash in fiscal year 2013 from the | 82283 |
| Institutional Services Fund (Fund 1480) to the Ohio Penal | 82284 |
| Industries Fund (Fund 2000). | 82285 |
| Sec. 375.10. RSC REHABILITATION SERVICES COMMISSION | 82286 |
| General Revenue Fund | 82287 |
| GRF | 415402 | Independent Living Council | $ | 252,000 | $ | 252,000 | 82288 | ||||
| GRF | 415406 | Assistive Technology | $ | 26,618 | $ | 26,618 | 82289 | ||||
| GRF | 415431 | Office for People with Brain Injury | $ | 126,567 | $ | 126,567 | 82290 | ||||
| GRF | 415506 | Services for People with Disabilities | $ | 12,777,884 | $ | 12,777,884 | 82291 | ||||
| GRF | 415508 | Services for the Deaf | $ | 28,000 | $ | 28,000 | 82292 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,211,069 | $ | 13,211,069 | 82293 | ||||||
| General Services Fund Group | 82294 |
| 4670 | 415609 | Business Enterprise Operating Expenses | $ | 1,308,431 | $ | 1,303,090 | 82295 | ||||
| TOTAL GSF General Services | 82296 | ||||||||||
| Fund Group | $ | 1,308,431 | $ | 1,303,090 | 82297 | ||||||
| Federal Special Revenue Fund Group | 82298 |
| 3170 | 415620 | Disability Determination | $ | 97,579,095 | $ | 82299 | |||||
| 3790 | 415616 | Federal - Vocational Rehabilitation | $ | 103,160,426 | $ | 103,150,102 | 82300 | ||||
| 3L10 | 415601 | Social Security Personal Care Assistance | $ | 3,370,000 | $ | 3,370,000 | 82301 | ||||
| 3L10 | 415605 | Social Security Community Centers for the Deaf | $ | 772,000 | $ | 772,000 | 82302 | ||||
| 3L10 | 415608 | Social Security Special Programs/Assistance | $ | 1,521,406 | $ | 1,520,184 | 82303 | ||||
| 3L40 | 415612 | Federal Independent Living Centers or Services | $ | 652,222 | $ | 652,222 | 82304 | ||||
| 3L40 | 415615 | Federal - Supported Employment | $ | 929,755 | $ | 929,755 | 82305 | ||||
| 3L40 | 415617 | Independent Living/Vocational Rehabilitation Programs | $ | 2,137,338 | $ | 2,137,338 | 82306 | ||||
| TOTAL FED Federal Special | 82307 | ||||||||||
| Revenue Fund Group | $ | 210,122,242 | $ | 82308 | |||||||
| State Special Revenue Fund Group | 82309 |
| 4680 | 415618 | Third Party Funding | $ | 10,802,589 | $ | 10,802,589 | 82310 | ||||
| 4L10 | 415619 | Services for Rehabilitation | $ | 3,700,000 | $ | 3,700,000 | 82311 | ||||
| 4W50 | 415606 | Program Management Expenses | $ | 11,636,730 | $ | 11,587,201 | 82312 | ||||
| TOTAL SSR State Special | 82313 | ||||||||||
| Revenue Fund Group | $ | 26,139,319 | $ | 26,089,790 | 82314 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 250,781,061 | $ | 82315 | |||||||
| INDEPENDENT LIVING COUNCIL | 82316 |
| The foregoing appropriation item 415402, Independent Living | 82317 |
| Council, shall be used to fund the operations of the State | 82318 |
| Independent Living Council and to support state independent living | 82319 |
| centers and independent living services under Title VII of the | 82320 |
| Independent Living Services and Centers for Independent Living of | 82321 |
| the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 82322 |
| U.S.C. 796d. | 82323 |
| Of the foregoing appropriation item 415402, Independent | 82324 |
| Living Council, $67,662 in each fiscal year shall be used as state | 82325 |
| matching funds for vocational rehabilitation innovation and | 82326 |
| expansion activities. | 82327 |
| ASSISTIVE TECHNOLOGY | 82328 |
| The total amount of the foregoing appropriation item 415406, | 82329 |
| Assistive Technology, shall be provided to Assistive Technology of | 82330 |
| Ohio to provide grants and assistive technology services for | 82331 |
| people with disabilities in the State of Ohio. | 82332 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 82333 |
| The foregoing appropriation item 415431, Office for People | 82334 |
| with Brain Injury, shall be used to plan and coordinate | 82335 |
| head-injury-related services provided by state agencies and other | 82336 |
| government or private entities, to assess the needs for such | 82337 |
| services, and to set priorities in this area. | 82338 |
| Of the foregoing appropriation item 415431, Office for People | 82339 |
| with Brain Injury, $44,067 in each fiscal year shall be used as | 82340 |
| state matching funds to provide vocational rehabilitation services | 82341 |
| to eligible consumers. | 82342 |
| VOCATIONAL REHABILITATION SERVICES | 82343 |
| The foregoing appropriation item 415506, Services for People | 82344 |
| with Disabilities, shall be used as state matching funds to | 82345 |
| provide vocational rehabilitation services to eligible consumers. | 82346 |
| At the request of the Chancellor of the Board of Regents, the | 82347 |
| Director of Budget and Management may transfer any unexpended, | 82348 |
| unencumbered appropriation in fiscal year 2012 or fiscal year 2013 | 82349 |
| from appropriation item 235502, Student Support Services, to | 82350 |
| appropriation item 415506, Services for People with Disabilities. | 82351 |
| Any appropriation so transferred shall be used by the Ohio | 82352 |
| Rehabilitation Services Commission to obtain additional federal | 82353 |
| matching funds to serve disabled students. | 82354 |
| SERVICES FOR THE DEAF | 82355 |
| The foregoing appropriation item 415508, Services for the | 82356 |
| Deaf, shall be used to provide grants to community centers for the | 82357 |
| deaf. | 82358 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 82359 |
| The foregoing appropriation item 415617, Independent | 82360 |
| Living/Vocational Rehabilitation Programs, shall be used to | 82361 |
| support vocational rehabilitation programs. | 82362 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 82363 |
| Reimbursement funds received from the Social Security | 82364 |
| Administration, United States Department of Health and Human | 82365 |
| Services, for the costs of providing services and training to | 82366 |
| return disability recipients to gainful employment shall be | 82367 |
| expended from the Social Security Reimbursement Fund (Fund 3L10), | 82368 |
| to the extent funds are available, as follows: | 82369 |
| (A) Appropriation item 415601, Social Security Personal Care | 82370 |
| Assistance, to provide personal care services in accordance with | 82371 |
| section 3304.41 of the Revised Code; | 82372 |
| (B) Appropriation item 415605, Social Security Community | 82373 |
| Centers for the Deaf, to provide grants to community centers for | 82374 |
| the deaf in Ohio for services to individuals with hearing | 82375 |
| impairments; and | 82376 |
| (C) Appropriation item 415608, Social Security Special | 82377 |
| Programs/Assistance, to provide vocational rehabilitation services | 82378 |
| to individuals with severe disabilities who are Social Security | 82379 |
| beneficiaries, to enable them to achieve competitive employment. | 82380 |
| This appropriation item shall also be used to pay a portion of | 82381 |
| indirect costs of the Personal Care Assistance Program and the | 82382 |
| Independent Living Programs as mandated by federal OMB Circular | 82383 |
| A-87. | 82384 |
| PROGRAM MANAGEMENT EXPENSES | 82385 |
| The foregoing appropriation item 415606, Program Management | 82386 |
| Expenses, shall be used to support the administrative functions of | 82387 |
| the commission related to the provision of vocational | 82388 |
| rehabilitation, disability determination services, and ancillary | 82389 |
| programs. | 82390 |
| Sec. 379.10. RDF REVENUE DISTRIBUTION FUNDS | 82391 |
| Volunteer Firefighters' Dependents Fund | 82392 |
| 7085 | 800985 | Volunteer Firemen's Dependents Fund | $ | 300,000 | $ | 300,000 | 82393 | ||||
| TOTAL 085 Volunteer Firefighters' | 82394 | ||||||||||
| Dependents Fund | $ | 300,000 | $ | 300,000 | 82395 | ||||||
| Agency Fund Group | 82396 | ||||||||||
| 4P80 | 001698 | Cash Management Improvement Fund | $ | 3,100,000 | $ | 3,100,000 | 82397 | ||||
| 5JG0 | 110633 | Gross Casino Revenue County Fund | $ | 5,778,617 | $ | 138,882,294 | 82398 | ||||
| 5JH0 | 110634 | Gross Casino Revenue County Student Fund | $ | 3,852,412 | $ | 92,588,196 | 82399 | ||||
| 5JJ0 | 110636 | Gross Casino Revenue Host City Fund | $ | 566,531 | $ | 13,615,911 | 82400 | ||||
| 82401 | |||||||||||
| 82402 | |||||||||||
| 82403 | |||||||||||
| 6080 | 001699 | Investment Earnings | $ | 50,000,000 | $ | 150,000,000 | 82404 | ||||
| 7062 | 110962 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,000,000 | 82405 | ||||
| 7063 | 110963 | Permissive Tax Distribution | $ | 1,904,500,000 | $ | 1,980,700,000 | 82406 | ||||
| 7067 | 110967 | School District Income Tax | $ | 317,000,000 | $ | 330,000,000 | 82407 | ||||
| TOTAL AGY Agency Fund Group | $ | $ | 82408 | ||||||||
| Holding Account Redistribution | 82409 |
| R045 | 110617 | International Fuel Tax Distribution | $ | 40,000,000 | $ | 40,000,000 | 82410 | ||||
| TOTAL 090 Holding Account Redistribution Fund | 82411 | ||||||||||
| Revenue Distribution Fund Group | $ | 40,000,000 | $ | 40,000,000 | 82412 | ||||||
| 7049 | 038900 | Indigent Drivers Alcohol Treatment | $ | 2,200,000 | $ | 2,200,000 | 82413 | ||||
| 7050 | 762900 | International Registration Plan Distribution | $ | 30,000,000 | $ | 30,000,000 | 82414 | ||||
| 7051 | 762901 | Auto Registration Distribution | $ | 539,000,000 | $ | 539,000,000 | 82415 | ||||
| 7054 | 110954 | Local Government Property Tax Replacement - Utility | $ | 16,000,000 | $ | 11,000,000 | 82416 | ||||
| 7060 | 110960 | Gasoline Excise Tax Fund | $ | 393,000,000 | $ | 395,000,000 | 82417 | ||||
| 7065 | 110965 | Public Library Fund | $ | 354,000,000 | $ | 345,000,000 | 82418 | ||||
| 7066 | 800966 | Undivided Liquor Permits | $ | 14,100,000 | $ | 14,100,000 | 82419 | ||||
| 7068 | 110968 | State and Local Government Highway Distribution | $ | 193,000,000 | $ | 196,000,000 | 82420 | ||||
| 7069 | 110969 | Local Government Fund | $ | 577,000,000 | $ | 348,000,000 | 82421 | ||||
| 7081 | 110981 | Local Government Property Tax Replacement-Business | $ | 291,000,000 | $ | 181,000,000 | 82422 | ||||
| 7082 | 110982 | Horse Racing Tax | $ | 100,000 | $ | 100,000 | 82423 | ||||
| 7083 | 700900 | Ohio Fairs Fund | $ | 1,400,000 | $ | 1,400,000 | 82424 | ||||
| TOTAL RDF Revenue Distribution | 82425 | ||||||||||
| Fund Group | $ | 2,410,800,000 | $ | 2,062,800,000 | 82426 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 82427 | ||||||||
| ADDITIONAL APPROPRIATIONS | 82428 |
| Appropriation items in this section shall be used for the | 82429 |
| purpose of administering and distributing the designated revenue | 82430 |
| distribution funds according to the Revised Code. If it is | 82431 |
| determined that additional appropriations are necessary for this | 82432 |
| purpose, such amounts are hereby appropriated. | 82433 |
| GENERAL REVENUE FUND TRANSFERS | 82434 |
| Notwithstanding any provision of law to the contrary, in | 82435 |
| fiscal year 2012 and fiscal year 2013, the Director of Budget and | 82436 |
| Management may transfer from the General Revenue Fund to the Local | 82437 |
| Government Tangible Property Tax Replacement Fund (Fund 7081) in | 82438 |
| the Revenue Distribution Fund Group, those amounts necessary to | 82439 |
| reimburse local taxing units under section 5751.22 of the Revised | 82440 |
| Code. Also, in fiscal year 2012 and fiscal year 2013, the Director | 82441 |
| of Budget and Management may make temporary transfers from the | 82442 |
| General Revenue Fund to ensure sufficient balances in the Local | 82443 |
| Government Tangible Property Tax Replacement Fund (Fund 7081) and | 82444 |
| to replenish the General Revenue Fund for such transfers. | 82445 |
| Sec. 387.10. SFC SCHOOL FACILITIES COMMISSION | 82446 |
| General Revenue Fund | 82447 |
| GRF | 230908 | Common Schools General Obligation Debt Service | $ | 150,604,900 | $ | 82448 | |||||
| TOTAL GRF General Revenue Fund | $ | 150,604,900 | $ | 82449 | |||||||
| State Special Revenue Fund Group | 82450 |
| 5E30 | 230644 | Operating Expenses | $ | 8,950,000 | $ | 8,550,000 | 82451 | ||||
| TOTAL SSR State Special Revenue | 82452 | ||||||||||
| Fund Group | $ | 8,950,000 | $ | 8,550,000 | 82453 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 159,554,900 | $ | 82454 | |||||||
| Sec. 403.10. TAX DEPARTMENT OF TAXATION | 82456 |
| General Revenue Fund | 82457 |
| GRF | 110321 | Operating Expenses | $ | 73,500,000 | $ | 82458 | |||||
| GRF | 110404 | Tobacco Settlement Enforcement | $ | 200,000 | $ | 82459 | |||||
| GRF | 110412 | Child Support Administration | $ | 15,804 | $ | 82460 | |||||
| GRF | 110901 | Property Tax Allocation - Taxation | $ | 610,900,000 | $ | 616,000,000 | 82461 | ||||
| TOTAL GRF General Revenue Fund | $ | 684,615,804 | $ | 82462 | |||||||
| General Services Fund Group | 82463 |
| 2280 | 110628 | Tax Reform System Implementation | $ | 13,638,008 | $ | 82464 | |||||
| 4330 | 110602 | Tape File Account | $ | 197,802 | $ | 82465 | |||||
| 5AP0 | 110632 | Discovery Project | $ | 2,445,799 | $ | 82466 | |||||
| 5BW0 | 110630 | Tax Amnesty Promotion and Administration | $ | 2,500,000 | $ | 0 | 82467 | ||||
| 5CZ0 | 110631 | Vendor's License Application | $ | 250,000 | $ | 250,000 | 82468 | ||||
| 5N50 | 110605 | Municipal Income Tax Administration | $ | 339,798 | $ | 82469 | |||||
| 5N60 | 110618 | Kilowatt Hour Tax Administration | $ | 150,000 | $ | 82470 | |||||
| 5V80 | 110623 | Property Tax Administration | $ | 12,195,733 | $ | 82471 | |||||
| 5W40 | 110625 | Centralized Tax Filing and Payment | $ | 200,000 | $ | 82472 | |||||
| 5W70 | 110627 | Exempt Facility Administration | $ | 50,000 | $ | 82473 | |||||
| TOTAL GSF General Services | 82474 | ||||||||||
| Fund Group | $ | 31,967,140 | $ | 82475 | |||||||
| State Special Revenue Fund Group | 82476 |
| 4350 | 110607 | Local Tax Administration | $ | 19,028,339 | $ | 82477 | |||||
| 4360 | 110608 | Motor Vehicle Audit | $ | 1,474,081 | $ | 82478 | |||||
| 4370 | 110606 | Litter/Natural Resource Tax Administration | $ | 20,000 | $ | 82479 | |||||
| 4380 | 110609 | School District Income Tax | $ | 5,859,041 | $ | 82480 | |||||
| 4C60 | 110616 | International Registration Plan | $ | 689,296 | $ | 82481 | |||||
| 4R60 | 110610 | Tire Tax Administration | $ | 245,462 | $ | 82482 | |||||
| 5V70 | 110622 | Motor Fuel Tax Administration | $ | 5,384,254 | $ | 82483 | |||||
| 6390 | 110614 | Cigarette Tax Enforcement | $ | 1,384,217 | $ | 82484 | |||||
| 6420 | 110613 | Ohio Political Party Distributions | $ | 500,000 | $ | 500,000 | 82485 | ||||
| 6880 | 110615 | Local Excise Tax Administration | $ | 782,630 | $ | 82486 | |||||
| TOTAL SSR State Special Revenue | 82487 | ||||||||||
| Fund Group | $ | 35,367,320 | $ | 82488 | |||||||
| Agency Fund Group | 82489 |
| 4250 | 110635 | Tax Refunds | $ | 1,546,800,000 | $ | 1,546,800,000 | 82490 | ||||
| 7095 | 110995 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 82491 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,567,800,000 | $ | 1,567,800,000 | 82492 | ||||||
| Holding Account Redistribution Fund Group | 82493 |
| R010 | 110611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 82494 | ||||
| R011 | 110612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 82495 | ||||
| TOTAL 090 Holding Account | 82496 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 82497 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,319,850,264 | $ | 82498 | |||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK | 82499 |
| The foregoing appropriation item 110901, Property Tax | 82500 |
| Allocation - Taxation, is hereby appropriated to pay for the | 82501 |
| state's costs incurred due to the Homestead Exemption, the | 82502 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 82503 |
| Rollback. The Tax Commissioner shall distribute these funds | 82504 |
| directly to the appropriate local taxing districts, except for | 82505 |
| school districts, notwithstanding the provisions in sections | 82506 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 82507 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 82508 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 82509 |
| appropriate county treasurer and the subsequent redistribution of | 82510 |
| these funds to the appropriate local taxing districts by the | 82511 |
| county auditor. | 82512 |
| Upon receipt of these amounts, each local taxing district | 82513 |
| shall distribute the amount among the proper funds as if it had | 82514 |
| been paid as real property taxes. Payments for the costs of | 82515 |
| administration shall continue to be paid to the county treasurer | 82516 |
| and county auditor as provided for in sections 319.54, 321.26, and | 82517 |
| 323.156 of the Revised Code. | 82518 |
| Any sums, in addition to the amounts specifically | 82519 |
| appropriated in appropriation item 110901, Property Tax Allocation | 82520 |
| - Taxation, for the Homestead Exemption, the Manufactured Home | 82521 |
| Property Tax Rollback, and the Property Tax Rollback payments, | 82522 |
| which are determined to be necessary for these purposes, are | 82523 |
| hereby appropriated. | 82524 |
| TAX AMNESTY PROMOTION AND ADMINISTRATION | 82525 |
| The foregoing appropriation item 110630, Tax Amnesty | 82526 |
| Promotion and Administration, shall be used to pay expenses | 82527 |
| incurred to promote and administer the tax amnesty program to be | 82528 |
| conducted from May 1, 2012, through June 15, 2012, by the | 82529 |
|
Department of Taxation pursuant to Section 757.40 of | 82530 |
| Sub. H.B. 153 of the 129th General Assembly. | 82531 |
| MUNICIPAL INCOME TAX | 82532 |
| The foregoing appropriation item 110995, Municipal Income | 82533 |
| Tax, shall be used to make payments to municipal corporations | 82534 |
| under section 5745.05 of the Revised Code. If it is determined | 82535 |
| that additional appropriations are necessary to make such | 82536 |
| payments, such amounts are hereby appropriated. | 82537 |
| TAX REFUNDS | 82538 |
| The foregoing appropriation item 110635, Tax Refunds, shall | 82539 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 82540 |
| If it is determined that additional appropriations are necessary | 82541 |
| for this purpose, such amounts are hereby appropriated. | 82542 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 82543 |
| The foregoing appropriation item 110616, International | 82544 |
| Registration Plan, shall be used under section 5703.12 of the | 82545 |
| Revised Code for audits of persons with vehicles registered under | 82546 |
| the International Registration Plan. | 82547 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 82548 |
| Of the foregoing appropriation item 110607, Local Tax | 82549 |
| Administration, the Tax Commissioner may disburse funds, if | 82550 |
| available, for the purposes of paying travel expenses incurred by | 82551 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 82552 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 82553 |
| expense reimbursement paid for by the Department of Taxation shall | 82554 |
| be done in accordance with applicable state laws and guidelines. | 82555 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 82556 |
| The Director of Budget and Management, under a plan submitted | 82557 |
| by the Tax Commissioner, or as otherwise determined by the | 82558 |
| Director of Budget and Management, shall set a schedule to | 82559 |
| transfer cash from the General Revenue Fund to the credit of the | 82560 |
| Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers | 82561 |
| of cash shall not exceed $400,000 in the biennium. | 82562 |
| TOBACCO SETTLEMENT ENFORCEMENT | 82563 |
| The foregoing appropriation item 110404, Tobacco Settlement | 82564 |
| Enforcement, shall be used by the Tax Commissioner to pay costs | 82565 |
| incurred in the enforcement of divisions (F) and (G) of section | 82566 |
| 5743.03 of the Revised Code. | 82567 |
| Sec. 411.10. DVS DEPARTMENT OF VETERANS SERVICES | 82568 |
| General Revenue Fund | 82569 |
| GRF | 900321 | Veterans' Homes | $ | 27,369,946 | $ | 27,369,946 | 82570 | ||||
| GRF | 900402 | Hall of Fame | $ | 107,075 | $ | 107,075 | 82571 | ||||
| GRF | 900408 | Department of Veterans Services | $ | 1,901,823 | $ | 82572 | |||||
| GRF | 900901 | Persian Gulf, Afghanistan, and Iraq Compensation Debt Service | $ | 5,486,600 | $ | 10,112,100 | 82573 | ||||
| TOTAL GRF General Revenue Fund | $ | 34,865,444 | $ | 82574 | |||||||
| General Services Fund Group | 82575 |
| 4840 | 900603 | Veterans' Homes Services | $ | 305,806 | $ | 312,458 | 82576 | ||||
| TOTAL GSF General Services Fund Group | $ | 305,806 | $ | 312,458 | 82577 | ||||||
| Federal Special Revenue Fund Group | 82578 |
| 3680 | 900614 | Veterans Training | $ | 769,500 | $ | 754,377 | 82579 | ||||
| 3740 | 900606 | Troops to Teachers | $ | 136,786 | $ | 133,461 | 82580 | ||||
| 3BX0 | 900609 | Medicare Services | $ | 2,500,000 | $ | 2,490,169 | 82581 | ||||
| 3L20 | 900601 | Veterans' Homes Operations - Federal | $ | 23,455,379 | $ | 23,476,269 | 82582 | ||||
| TOTAL FED Federal Special Revenue | 82583 | ||||||||||
| Fund Group | $ | 26,861,665 | $ | 26,854,276 | 82584 | ||||||
| State Special Revenue Fund Group | 82585 |
| 4E20 | 900602 | Veterans' Homes Operating | $ | 10,117,680 | $ | 10,319,078 | 82586 | ||||
| 6040 | 900604 | Veterans' Homes Improvement | $ | 347,598 | $ | 398,731 | 82587 | ||||
| TOTAL SSR State Special Revenue | 82588 | ||||||||||
| Fund Group | $ | 10,465,278 | $ | 10,717,809 | 82589 | ||||||
| Persian Gulf, Afghanistan, and Iraq Compensation Fund Group | 82590 |
| 7041 | 900615 | Veteran Bonus Program - Administration | $ | 1,605,410 | $ | 1,147,703 | 82591 | ||||
| 7041 | 900641 | Persian Gulf, Afghanistan, and Iraq Compensation | $ | 25,425,000 | $ | 24,300,000 | 82592 | ||||
| TOTAL 041 Persian Gulf, | 82593 | ||||||||||
| Afghanistan, and Iraq | 82594 | ||||||||||
| Compensation Fund Group | $ | 27,030,410 | $ | 25,447,703 | 82595 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,528,603 | $ | 82596 | |||||||
| PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL | 82597 |
| OBLIGATION DEBT SERVICE | 82598 |
| The foregoing appropriation item 900901, Persian Gulf, | 82599 |
| Afghanistan and Iraq Compensation Debt Service, shall be used to | 82600 |
| pay all debt service and related financing costs during the period | 82601 |
| from July 1, 2011, through June 30, 2013, on obligations issued | 82602 |
| for Persian Gulf, Afghanistan and Iraq Conflicts Compensation | 82603 |
| purposes under sections 151.01 and 151.12 of the Revised Code. | 82604 |
| Sec. 415.10. DYS DEPARTMENT OF YOUTH SERVICES | 82605 |
| General Revenue Fund | 82606 |
| GRF | 470401 | RECLAIM Ohio | $ | 168,716,967 | $ | 162,362,228 | 82607 | ||||
| GRF | 470412 | Lease Rental Payments | $ | 10,221,800 | $ | 27,230,100 | 82608 | ||||
| GRF | 470510 | Youth Services | $ | 16,702,728 | $ | 16,702,728 | 82609 | ||||
| GRF | 472321 | Parole Operations | $ | 10,830,019 | $ | 10,583,118 | 82610 | ||||
| GRF | 477321 | Administrative Operations | $ | 12,222,051 | $ | 11,855,389 | 82611 | ||||
| TOTAL GRF General Revenue Fund | $ | 218,693,565 | $ | 228,733,563 | 82612 | ||||||
| General Services Fund Group | 82613 |
| 1750 | 470613 | Education Reimbursement | $ | 8,160,277 | $ | 82614 | |||||
| 4790 | 470609 | Employee Food Service | $ | 150,000 | $ | 150,000 | 82615 | ||||
| 4A20 | 470602 | Child Support | $ | 450,000 | $ | 400,000 | 82616 | ||||
| 4G60 | 470605 | General Operational Funds | $ | 125,000 | $ | 125,000 | 82617 | ||||
| 5BN0 | 470629 | E-Rate Program | $ | 535,000 | $ | 535,000 | 82618 | ||||
| TOTAL GSF General Services | 82619 | ||||||||||
| Fund Group | $ | 9,420,277 | $ | 82620 | |||||||
| Federal Special Revenue Fund Group | 82621 |
| 3210 | 470601 | Education | $ | 1,774,469 | $ | 1,517,840 | 82622 | ||||
| 3210 | 470603 | Juvenile Justice Prevention | $ | 300,000 | $ | 300,000 | 82623 | ||||
| 3210 | 470606 | Nutrition | $ | 1,747,432 | $ | 82624 | |||||
| 3210 | 470610 | Rehabilitation Programs | $ | 36,000 | $ | 82625 | |||||
| 3210 | 470614 | Title IV-E Reimbursements | $ | 6,000,000 | $ | 6,000,000 | 82626 | ||||
| 3BY0 | 470635 | Federal Juvenile Programs FFY 07 | $ | 56,471 | $ | 2,000 | 82627 | ||||
| 3BZ0 | 470636 | Federal Juvenile Programs FFY 08 | $ | 82,000 | $ | 1,618 | 82628 | ||||
| 3CP0 | 470638 | Federal Juvenile Programs FFY 09 | $ | 500,000 | $ | 300,730 | 82629 | ||||
| 3CR0 | 470639 | Federal Juvenile Programs FFY 10 | $ | 800,000 | $ | 479,900 | 82630 | ||||
| 3FB0 | 470641 | Federal Juvenile Programs FFY 11 | $ | 135,000 | $ | 600,000 | 82631 | ||||
| 3FC0 | 470642 | Federal Juvenile Programs FFY 12 | $ | 0 | $ | 135,000 | 82632 | ||||
| 3V50 | 470604 | Juvenile Justice/Delinquency Prevention | $ | 2,010,000 | $ | 2,000,000 | 82633 | ||||
| TOTAL FED Federal Special Revenue | 82634 | ||||||||||
| Fund Group | $ | 13,441,372 | $ | 82635 | |||||||
| State Special Revenue Fund Group | 82636 |
| 1470 | 470612 | Vocational Education | $ | 762,126 | $ | 758,210 | 82637 | ||||
| TOTAL SSR State Special Revenue | 82638 | ||||||||||
| Fund Group | $ | 762,126 | $ | 758,210 | 82639 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 242,317,340 | $ | 82640 | |||||||
| COMMUNITY PROGRAMS | 82641 |
| For purposes of implementing juvenile sentencing reforms, and | 82642 |
| notwithstanding any provision of law to the contrary, the | 82643 |
| Department of Youth Services may use up to forty-five per cent of | 82644 |
| the unexpended, unencumbered balance of the portion of | 82645 |
| appropriation item 470401, RECLAIM Ohio, that is allocated to | 82646 |
| juvenile correctional facilities in each fiscal year to expand | 82647 |
| Targeted RECLAIM, the Behavioral Health Juvenile Justice | 82648 |
| Initiative, and other evidence-based community programs. | 82649 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 82650 |
| The foregoing appropriation item 470412, Lease Rental | 82651 |
| Payments, shall be used to meet all payments at the times they are | 82652 |
| required to be made for the period from July 1, 2011, through June | 82653 |
| 30, 2013, by the Department of Youth Services to the Ohio Building | 82654 |
| Authority under the leases and agreements for facilities made | 82655 |
| under Chapter 152. of the Revised Code. This appropriation is the | 82656 |
| source of funds pledged for bond service charges on related | 82657 |
| obligations issued pursuant to Chapter 152. of the Revised Code. | 82658 |
| EDUCATION REIMBURSEMENT | 82659 |
| The foregoing appropriation item 470613, Education | 82660 |
| Reimbursement, shall be used to fund the operating expenses of | 82661 |
| providing educational services to youth supervised by the | 82662 |
| Department of Youth Services. Operating expenses include, but are | 82663 |
| not limited to, teachers' salaries, maintenance costs, and | 82664 |
| educational equipment. This appropriation item may be used for | 82665 |
| capital expenses related to the education program. | 82666 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 82667 |
| Notwithstanding section 125.14 of the Revised Code, the | 82668 |
| foregoing appropriation item 470609, Employee Food Service, may be | 82669 |
| used to purchase any food operational items with funds received | 82670 |
| into the fund from reimbursements for state surplus property. | 82671 |
| FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES | 82672 |
| In collaboration with the county family and children first | 82673 |
| council, the juvenile court of that county that receives | 82674 |
| allocations from one or both of the foregoing appropriation items | 82675 |
| 470401, RECLAIM Ohio, and 470510, Youth Services, may transfer | 82676 |
| portions of those allocations to a flexible funding pool as | 82677 |
|
authorized by the section of | 82678 |
| 129th General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE | 82679 |
| FUNDING POOL." | 82680 |
| Sec. 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 82681 |
| BALANCES OF OPERATING APPROPRIATIONS | 82682 |
| (A) An unexpended balance of an operating appropriation or | 82683 |
| reappropriation that a state agency lawfully encumbered prior to | 82684 |
| the close of a fiscal year is hereby reappropriated on the first | 82685 |
| day of July of the following fiscal year from the fund from which | 82686 |
| it was originally appropriated or reappropriated for the following | 82687 |
| period and shall remain available only for the purpose of | 82688 |
| discharging the encumbrance: | 82689 |
| (1) For an encumbrance for personal services, maintenance, | 82690 |
| equipment, or items for resale, other than an encumbrance for an | 82691 |
| item of special order manufacture not available on term contract | 82692 |
| or in the open market or for reclamation of land or oil and gas | 82693 |
| wells, for a period of not more than five months from the end of | 82694 |
| the fiscal year; | 82695 |
| (2) For an encumbrance for an item of special order | 82696 |
| manufacture not available on term contract or in the open market, | 82697 |
| for a period of not more than five months from the end of the | 82698 |
| fiscal year or, with the written approval of the Director of | 82699 |
| Budget and Management, for a period of not more than twelve months | 82700 |
| from the end of the fiscal year; | 82701 |
| (3) For an encumbrance for reclamation of land or oil and gas | 82702 |
| wells, for a period ending when the encumbered appropriation is | 82703 |
| expended or for a period of two years, whichever is less; | 82704 |
| (4) For an encumbrance for any other expense, for such period | 82705 |
| as the Director approves, provided such period does not exceed two | 82706 |
| years. | 82707 |
| (B) Any operating appropriations for which unexpended | 82708 |
| balances are reappropriated beyond a five-month period from the | 82709 |
| end of the fiscal year by division (A)(2) of this section shall be | 82710 |
| reported to the Controlling Board by the Director of Budget and | 82711 |
| Management by the thirty-first day of December of each year. The | 82712 |
| report on each such item shall include the item, the cost of the | 82713 |
| item, and the name of the vendor. The report shall be updated on a | 82714 |
| quarterly basis for encumbrances remaining open. | 82715 |
| (C) Upon the expiration of the reappropriation period set out | 82716 |
| in division (A) of this section, a reappropriation made by this | 82717 |
| section lapses, and the Director of Budget and Management shall | 82718 |
| cancel the encumbrance of the unexpended reappropriation not later | 82719 |
| than the end of the weekend following the expiration of the | 82720 |
| reappropriation period. | 82721 |
| (D) Notwithstanding division (C) of this section, with the | 82722 |
| approval of the Director of Budget and Management, an unexpended | 82723 |
| balance of an encumbrance that was reappropriated on the first day | 82724 |
| of July by this section for a period specified in division (A)(3) | 82725 |
| or (4) of this section and that remains encumbered at the close of | 82726 |
| the fiscal biennium is hereby reappropriated on the first day of | 82727 |
| July of the following fiscal biennium from the fund from which it | 82728 |
| was originally appropriated or reappropriated for the applicable | 82729 |
| period specified in division (A)(3) or (4) of this section and | 82730 |
| shall remain available only for the purpose of discharging the | 82731 |
| encumbrance. | 82732 |
| (E) The Director of Budget and Management may correct | 82733 |
| accounting errors committed by the staff of the Office of Budget | 82734 |
| and Management, such as re-establishing encumbrances or | 82735 |
| appropriations cancelled in error, during the cancellation of | 82736 |
| operating encumbrances in November and of nonoperating | 82737 |
| encumbrances in December. | 82738 |
| (F) The Director of Budget and Management may at any time | 82739 |
| correct accounting errors committed by the staff of a state | 82740 |
| institution of higher education, as defined in section 3345.011 of | 82741 |
| the Revised Code, such as reestablishing prior year nonoperating | 82742 |
| encumbrances canceled or modified in error. The reestablished | 82743 |
| encumbrance amounts are hereby appropriated. | 82744 |
| (G) If the Controlling Board approved a purchase, that | 82745 |
| approval remains in effect so long as the appropriation used to | 82746 |
| make that purchase remains encumbered. | 82747 |
| Sec. 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS | 82748 |
| (A) The Office of Internal Auditing within the Office of | 82749 |
| Budget and Management shall, in connection with its duties under | 82750 |
| sections 126.45 to 126.48 of the Revised Code, monitor and measure | 82751 |
| the effectiveness of funds allocated to the state as part of the | 82752 |
| federal American Recovery and Reinvestment Act of 2009. As such, | 82753 |
| the Office of Internal Auditing shall review how funds allocated | 82754 |
| to each state agency are spent. For purposes of this section, | 82755 |
| "state agency" has the same meaning as in division (A) of section | 82756 |
| 126.45 of the Revised Code. | 82757 |
| In addition to the reports required under section 126.47 of | 82758 |
|
the Revised Code, the Office of Internal Auditing shall | 82759 |
| prepare a report of its findings for the period beginning July 1, | 82760 |
| 2011, and ending December 31, 2011. The Office shall submit the | 82761 |
| report to the President of the Senate, Minority Leader of the | 82762 |
| Senate, Speaker of the House of Representatives, Minority Leader | 82763 |
| of the House of Representatives, and the Chairs of the committees | 82764 |
| in the Senate and House of Representatives handling finance and | 82765 |
|
appropriations | 82766 |
| 82767 |
| | 82768 |
| 82769 |
| | 82770 |
| 82771 |
| | 82772 |
| 82773 |
| | 82774 |
| 82775 |
| (B) When, as part of its compliance with the federal American | 82776 |
| Recovery and Reinvestment Act of 2009 requirements to monitor and | 82777 |
| measure the effectiveness of funds for which the state of Ohio is | 82778 |
| the prime recipient, and for which reporting authority has not | 82779 |
|
been delegated to a | 82780 |
| Budget and Management submits quarterly reports to the federal | 82781 |
| government, the Office of Budget and Management shall also submit | 82782 |
| those reports to the President of the Senate, Minority Leader of | 82783 |
| the Senate, Speaker of the House of Representatives, Minority | 82784 |
| Leader of the House of Representatives, and Chairs and ranking | 82785 |
| members of the committees in the Senate and House of | 82786 |
| Representatives handling finance and appropriations. The Office of | 82787 |
| Budget and Management shall continue to submit quarterly reports | 82788 |
| to the legislature for the duration of the period in which the | 82789 |
| state of Ohio is required to make reports to the federal | 82790 |
| government concerning Ohio's use of the federal American Recovery | 82791 |
| and Reinvestment Act of 2009 funds. | 82792 |
| Sec. 753.25. (A) The Governor is authorized to execute a deed | 82793 |
| in the name of the state conveying to the Board of County Hospital | 82794 |
| Trustees of The MetroHealth System ("MetroHealth"), in the name of | 82795 |
| the County of Cuyahoga, State of Ohio, its successors and assigns, | 82796 |
| all of the state's right, title, and interest in the following | 82797 |
| 82798 | |
|
Cuyahoga, State of Ohio: | 82799 |
| 82800 | |
| 82801 |
| | 82802 |
| 82803 | |
| 82804 | |
| 82805 |
| Parcel I | 82806 |
| Description of a 2.732 Acre Tract | 82807 |
| Located northerly of the intersection of South Point Drive and | 82808 |
| Ginger Court, Cleveland, Ohio. | 82809 |
| Situated in the City of Cleveland, County of Cuyahoga, State of | 82810 |
| Ohio, being part of the Original Brooklyn Township Lot No. 73, | 82811 |
| Range 13 West, Township 7 North of the Connecticut Western Reserve | 82812 |
| Survey and being all of a tract of land as conveyed to the State | 82813 |
| of Ohio by deed of record in Deed Volume 10350, Page 563 and being | 82814 |
| of all of sublot numbers 18 through 26 and part of sublot number | 82815 |
| 27 as shown in the East View Addition by plat of record in Plat | 82816 |
| Volume 16, Page 19 as conveyed to the State of Ohio by deeds of | 82817 |
| records in Deed Volume 6640, Page 166; Deed Volume 6640, Page 168; | 82818 |
| Deed Volume 7285, Page 321; Deed Volume 7227, Page 11; Deed Volume | 82819 |
| 7678, Page 487; Deed Volume 7627, Page 589; Deed Volume 7287, page | 82820 |
| 718; Deed Volume 7285, page 319; Deed Volume 7420, Page 102; and | 82821 |
| Deed Volume 7638, Page 296 respectively; all record document | 82822 |
| references in this legal description being to the Recorder's | 82823 |
| Office, Cuyahoga County, Ohio and being more particularly bounded | 82824 |
| and described as follows: | 82825 |
| Beginning at the southwesterly corner of said sublot 18, at a | 82826 |
| southeasterly corner of a tract of land conveyed to the County of | 82827 |
| Cuyahoga, Ohio by deed of record in Automatic Filing Number | 82828 |
| (A.F.N.) 199911231424 and on the northerly right-of-way line of | 82829 |
| South Point Drive, 50 feet in width and also known as Aiken | 82830 |
| Avenue, said point also being the TRUE POINT OF BEGINNING of the | 82831 |
| herein described tract of land; | 82832 |
| 01. Thence North 00°02'06" West, a distance of 362.37 along the | 82833 |
| extension of and the westerly line of said sublot number 18, along | 82834 |
| the westerly line of said State of Ohio tract as conveyed in Deed | 82835 |
| Volume 10350, Page 563 and along an easterly line of said County | 82836 |
| of Cuyahoga, Ohio tract to a point; | 82837 |
| 02. Thence South 76°52' 15" East, a distance of 415.12 feet along | 82838 |
| the northerly line of said State of Ohio tract as conveyed in Deed | 82839 |
| Volume 10350, Page 563 and along a southerly line of said County | 82840 |
| of Cuyahoga, Ohio tract to a point; | 82841 |
| 03. Thence South 13°06'56" West, a distance of 275.04 feet along | 82842 |
| the easterly line of said State of Ohio tract as conveyed in Deed | 82843 |
| Volume 10350, Page 563, along a westerly line of said County of | 82844 |
| Cuyahoga tract and along the westerly line of a tract of land as | 82845 |
| conveyed to the Board of Trustees of the Cuyahoga County Hospital | 82846 |
| by deed of record in Deed Volume 11670, Page 921 passing through | 82847 |
| said sublot number 27 to a point on the southerly line of said | 82848 |
| sublot number 27 and on the northerly right-of-way line of said | 82849 |
| South Point Drive; | 82850 |
| 04. Thence South 89°57'54" West, a distance of 341.64 feet along | 82851 |
| the southerly lines of said sublot numbers 27, 26, 25, 24, 23, 22, | 82852 |
| 21, 20, 19 and 18 and along the northerly line of said South Point | 82853 |
| Drive to the True Point of Beginning and containing 2.732 acres, | 82854 |
| more or less, and subject to all legal easements, restrictions, | 82855 |
| reservations, conditions and right-of-ways of previous record. | 82856 |
| The basis of bearing in this description is based on the | 82857 |
| centerline line of South Point Drive being | 82858 |
| North 89°58'22" East as recorded in the Map of Lot Split and | 82859 |
| Consolidation for The County of Cuyahoga in Plat Volume 300, Page | 82860 |
| 30. | 82861 |
| This description is intended to describe Cuyahoga County Auditor's | 82862 |
| parcel numbers 008-21-008, 008-21-009, 008-21-010, 008-21-011, | 82863 |
| 008-21-012, 008-21-013, 008-21-014, 008-21-015, 008-21 -016 and | 82864 |
| 008-21-017. | 82865 |
| This description is based on a field survey made by Michael Benza | 82866 |
| & Associates, Inc. in October 2011 under project number 5290. | 82867 |
| Parcel 2 | 82868 |
| Description of a 0.597 Acre Tract | 82869 |
| Located southwesterly of the intersection of South Point Drive and | 82870 |
| Ginger Court, Cleveland, Ohio. | 82871 |
| Situated in the City of Cleveland, County of Cuyahoga, State of | 82872 |
| Ohio, being part of the Original Brooklyn Township Lot No. 73, | 82873 |
| Range 13 West, Township 7 North of the Connecticut Western Reserve | 82874 |
| Survey and being of all of sublot numbers 32 through 38 and part | 82875 |
| of sublot number 39 as shown in the East View Addition by plat of | 82876 |
| record in Plat Volume 16, Page 19 as conveyed to the State of Ohio | 82877 |
| by deeds of records in Deed Volume 11317, Page 91; Deed Volume | 82878 |
| 11369, Page 27; Deed Volume 12168, Page 997; Deed Volume 12117, | 82879 |
| Page 239; Deed Volume 11861, Page 587; Deed Volume 121 lI, Page | 82880 |
| 951 and Deed Volume 11870, page 961; respectively; all record | 82881 |
| document references in this legal description being to the | 82882 |
| Recorder's Office, Cuyahoga County, Ohio and being more | 82883 |
| particularly bounded and described as follows: | 82884 |
| Beginning at the northeasterly corner of said sublot number 32, at | 82885 |
| the southwesterly corner of the intersection of South Point Drive, | 82886 |
| 50 feet in width and also known as Aiken Avenue, and Ginger Court, | 82887 |
| 12 feet in width, said point also being the TRUE POINT OF | 82888 |
| BEGINNING of the herein described tract of land; | 82889 |
| 01. Thence South 02°57'49" West, a distance of 94.11 along the | 82890 |
| easterly line of said sublot number 32 and along the westerly | 82891 |
| right-of-way line of said Ginger Court to a point; | 82892 |
| 02. Thence South 46°10'37" West, a distance of 8.77 feet along the | 82893 |
| southeasterly line of said sublot number 32 and along the | 82894 |
| northwesterly right-of-way line of said Ginger Court to a point; | 82895 |
| 03. Thence South 89°58'22" West, a distance of 251.42 feet along | 82896 |
| the southerly lines of said sublot numbers 32 through 29 and along | 82897 |
| the northerly line of said Ginger Court to a point; | 82898 |
| 04. Thence North 00°01'38" West, a distance of 100.05 feet along | 82899 |
| the westerly of line of the said tract of land conveyed to the | 82900 |
| State of Ohio by Deed Volume 11870, Page 961 and along the | 82901 |
| easterly line of the tract of land as conveyed to the County of | 82902 |
| Cuyahoga by deed of record in Deed Volume 12525, Page 665 to a | 82903 |
| point on the southerly right-of-way line of said South Point | 82904 |
| Drive; | 82905 |
| 05. Thence North 89°58'18" East, a distance of 262.66 feet along | 82906 |
| the northerly lines of said sublot numbers 39, 38, 37, 36, 35, 34, | 82907 |
| 33 and 32 and along the southerly line of said South Point Drive | 82908 |
| to the True Point of Beginning and containing 0.597 acres, more or | 82909 |
| less, and subject to all legal easements, restrictions, | 82910 |
| reservations, conditions and right-of-ways of previous record. | 82911 |
| The basis of bearing in this description is based on the | 82912 |
| centerline line of South Point Drive being North 89°57'55" East as | 82913 |
| recorded in the Map of Lot Split and Consolidation for The County | 82914 |
| of Cuyahoga in Plat Volume 300, Page 30. | 82915 |
| This description is intended to describe Cuyahoga County Auditor's | 82916 |
| parcel numbers 008-21-19, 008-21-020, 008-21-021, 008-21-022, | 82917 |
| 008-21-023, 008-21-024 and 008-21-025. | 82918 |
| This description is based on a field survey made by Michael Benza | 82919 |
| & Associates, lnc in October 2011 under project number 5290. | 82920 |
| Parcel 3 | 82921 |
| Description of a 0.035 Acre Tract | 82922 |
| Located southeasterly of the intersection of South Point Drive and | 82923 |
| Ginger Court, Cleveland, Ohio. | 82924 |
| Situated in the City of Cleveland, County of Cuyahoga, State of | 82925 |
| Ohio, being part of the Original Brooklyn Township Lot No. 73, | 82926 |
| Range 13 West, Township 7 North of the Connecticut Western Reserve | 82927 |
| Survey and being part of sublot numbers 29, 30 and 31 as shown in | 82928 |
| the East View Addition by plat of record in Plat Volume 16, Page | 82929 |
| 19 as conveyed to the State of Ohio by deeds of records in Deed | 82930 |
| Volume 11177, Page 349; Deed Volume 11164, Page 285 and Deed | 82931 |
| Volume 11165, Page 113; respectively; all record document | 82932 |
| references in this legal description being to the Recorder's | 82933 |
| Office, Cuyahoga County, Ohio and being more particularly bounded | 82934 |
| and described as follows: | 82935 |
| Beginning at the northwesterly corner of said sublot number 29, at | 82936 |
| a southeasterly corner of the intersection of South Point Drive, | 82937 |
| 50 feet in width and also known as Aiken Avenue, and Ginger Court, | 82938 |
| 12 feet in width, said point also being the TRUE POINT OF | 82939 |
| BEGINNING of the herein described tract of land; | 82940 |
| 01. Thence North 89°57'55" East, a distance of 15.85 along the | 82941 |
| northerly line of said sublot number 29 and along the southerly | 82942 |
| right-of-way line of said South Point Drive to a point on the | 82943 |
| northwesterly corner of a tract of land conveyed to the Cuyahoga | 82944 |
| County Commissioners, Cuyahoga County, Ohio by deed of record in | 82945 |
| Automatic Filing Number (A.F.N.) 199904160080, designated as State | 82946 |
| Parcel 3049EL; | 82947 |
| 02. Thence along a curve to the right having a radius of 23.50 | 82948 |
| feet, an arc length of 23.01 a chord bearing South 39°31'07" East | 82949 |
| and chord distance of 22.10 feet and along an easterly line of | 82950 |
| said Cuyahoga County Commissioners tract, passing through said | 82951 |
| sublot number 29 to a point; | 82952 |
| 03. Thence along a curve to the right having a radius of 520.30 | 82953 |
| feet, an arc length of 73.94 feet, a chord bearing of South | 82954 |
| 27°33'59" West and a chord distance of 73.88 feet and along an | 82955 |
| easterly line of said Cuyahoga County Commissioners tract, passing | 82956 |
| through said sublot numbers 29, 30 and 31 to a point on the | 82957 |
| easterly right-of-way line of said Ginger Court; | 82958 |
| 04. Thence North 02°57'49" East, a distance of 82.65 feet along | 82959 |
| the westerly of lines of said sublot numbers 31, 30 and 29 and | 82960 |
| along the easterly right-of-way line of said Ginger Court to the | 82961 |
| True Point of Beginning and containing 0.035 acres, more or less, | 82962 |
| and subject lo all legal easements, restrictions, reservations, | 82963 |
| conditions and right-of-ways of previous record. | 82964 |
| The basis of bearing in this description is based on the | 82965 |
| centerline line of South Point Drive being North 89°57'55" East as | 82966 |
| recorded in the Map of Lot Split and Consolidation for The County | 82967 |
| of Cuyahoga in Plat Volume 300, Page 30. | 82968 |
| This description is intended to describe Cuyahoga County Auditor's | 82969 |
| parcel numbers 008-21-074, 008-21-075 and 008-21-076. | 82970 |
| This description is based on a field survey made by Michael Benza | 82971 |
| & Associates, Inc. in October | 82972 |
| 2011 under project number 5290. | 82973 |
| Parcel 4 | 82974 |
| Description of a 0.494 Acre Tract | 82975 |
| Located northerly of the Eglindale Avenue, southerly of Ginger | 82976 |
| Court and easterly of Scranton Road Cleveland, Ohio. | 82977 |
| Situated in the City of Cleveland, County of Cuyahoga, State of | 82978 |
| Ohio, being part of the Original Brooklyn Township Lot No. 73, | 82979 |
| Range 13 West, Township 7 North of the Connecticut Western Reserve | 82980 |
| Survey and being all of sublot numbers 77 through 81 and being | 82981 |
| part of sublot numbers 82 and 83 as shown in the East View | 82982 |
| Addition by plat of record in Plat Volume 16, Page 19 as conveyed | 82983 |
| to the State of Ohio by deeds of records in Deed Volume 12789, | 82984 |
| Page 311; Deed Volume 12930, Page 567; Deed Volume 12781, Page | 82985 |
| 999; Deed Volume 12902, Page 155; Deed Volume 12773, Page 135; | 82986 |
| Deed Volume 12777, Page 287 and Deed Volume 11362, Page 445; | 82987 |
| respectively; all record document references in this legal | 82988 |
| description being to the Recorder's Office, Cuyahoga County, Ohio | 82989 |
| and being more particularly bounded and described as follows: | 82990 |
| Beginning at the southwesterly corner of said sublot number 77 and | 82991 |
| on the northerly right-of-way line of Eglindale Avenue, 50 feet in | 82992 |
| width, said point also being the TRUE POINT OF BEGINNING of the | 82993 |
| herein described tract of land; | 82994 |
| 01. Thence North 00º01'38" West, a distance of 100.02 along the | 82995 |
| westerly line of said sublot number 77 and along the easterly line | 82996 |
| of a tract of land as conveyed to the County of Cuyahoga by deed | 82997 |
| of record in Deed Volume 12527, Page 595 to a point on the | 82998 |
| southerly right-of-way line of Ginger Court; | 82999 |
| 02. Thence North 89°58'22" East, a distance of 255.00 along the | 83000 |
| northerly lines of said sublot numbers 77 through 83 and along the | 83001 |
| southerly right-of-way line of Ginger Court to a point on an | 83002 |
| westerly line of a tract of land conveyed to the Cuyahoga County | 83003 |
| Commissioners, Cuyahoga County, Ohio by deed of record in | 83004 |
| Automatic Filing Number (A.F.N.) 199904160080, designated as State | 83005 |
| Parcel 3049EL; | 83006 |
| 03. Thence South 38°37'28" West, a distance of 128.09 along an | 83007 |
| easterly line of said Cuyahoga County Commissioners tract, passing | 83008 |
| through said sublot numbers 82 and 83 to a point on the | 83009 |
| southeasterly corner of said sublot 81 and on the northerly | 83010 |
| right-of-way line of said Eglindale Avenue; | 83011 |
| 04. Thence South 89°58'45" West, a distance of 175.00 feet along | 83012 |
| the southerly lines of said sublot numbers 81, 80, 79, 78 and 77 | 83013 |
| and along the northerly right-of-way line of said Eglindale Avenue | 83014 |
| to the True Point of Beginning and containing 0.494 acres, more or | 83015 |
| less, and subject to all legal easements, restrictions, | 83016 |
| reservations, conditions and right-of- ways of previous record. | 83017 |
| The basis of bearing in this description is based on the | 83018 |
| centerline line of Eglindale Avenue being North 89°58'45" East as | 83019 |
| recorded in the Map of Lot Split and Consolidation for The County | 83020 |
| of Cuyahoga in Plat Volume 300, Page 30. | 83021 |
| This description is intended to describe Cuyahoga County Auditor's | 83022 |
| parcel numbers 008-21-040, 008-21-041,008-21-042, 008-21-043, | 83023 |
| 008-21-044, 008-21-045 and 008-21-046. | 83024 |
| This description is based on a field survey made by Michael Benza | 83025 |
| & Associates, Inc. in October 2011 under project number 5290. | 83026 |
| This description may be modified to final form if modifications | 83027 |
| are needed. | 83028 |
| Authority to complete this conveyance is dependent upon the | 83029 |
| City of Cleveland's release of its reversionary interest in the | 83030 |
| property, where applicable. | 83031 |
| Notwithstanding ORC Chapter 5709, on the effective date of this | 83032 |
| section, any real estate taxes, interest, penalties, or | 83033 |
| assessments, if any, now payable or as a lien on the parcels of | 83034 |
| this section, are abated, remitted, and exempted. | 83035 |
| (B) Consideration for conveyance of the real estate shall be | 83036 |
| ten dollars. | 83037 |
| (C) The state shall convey the real estate described in | 83038 |
| division (A) of this section together with the building situated | 83039 |
| upon it, along with the amount of $3,400,000 to demolish the | 83040 |
| building. Notwithstanding any provision of law to the contrary, | 83041 |
| the Director of Mental Health shall disburse $3,400,000 from | 83042 |
| appropriation item C58010, Campus Consolidation, as set forth in | 83043 |
| Sub. H.B. 462 of the 128th General Assembly, to the grantee within | 83044 |
| thirty days after the conveyance of the real estate. After the | 83045 |
| disbursement, the state shall, within four months, complete a | 83046 |
| physical inventory of assets, relocate assets that are to be | 83047 |
| removed from the building, and itemize assets that are to remain | 83048 |
| with the transferred real estate and building. | 83049 |
| (D) The real estate described in division (A) of this section | 83050 |
| shall be sold as an entire tract and not in parcels. | 83051 |
| (E) The grantee shall pay all costs associated with the | 83052 |
| purchase and conveyance of the real estate, including costs of any | 83053 |
| surveys and recordation costs of the deed. | 83054 |
| (F) The grantee shall not, during any period that any bonds | 83055 |
| issued by the state to finance or refinance all or a portion of | 83056 |
| the real estate described in division (A) of this section are | 83057 |
| outstanding, use any portion of the real estate for a private | 83058 |
| business use without the prior written consent of the state. As | 83059 |
| used in this division: | 83060 |
| (1) "Private business use" means use, directly or indirectly, | 83061 |
| in a trade or business carried on by any private person other than | 83062 |
| use as a member of, and on the same basis as, the general public. | 83063 |
| Any activity carried on by a private person who is not a natural | 83064 |
| person shall be presumed to be a trade or business. | 83065 |
| (2) "Private person" means any natural person or any | 83066 |
| artificial person, including a corporation, partnership, limited | 83067 |
| liability company, trust, or other entity and including the United | 83068 |
| States or any agency or instrumentality of the United States, but | 83069 |
| excluding any state, territory, or possession of the United | 83070 |
| States, the District of Columbia, or any political subdivision | 83071 |
| thereof that is referred to as a "state or local governmental | 83072 |
| unit" in Treasury Regulation 1.103-1(a) and any person that is | 83073 |
| acting solely and directly as an officer or employee of or on | 83074 |
| behalf of such a governmental unit. | 83075 |
| (G) The grantee shall not sell, convey, or transfer ownership | 83076 |
| of the real estate described in division (A) of this section | 83077 |
| before December 1, 2019, or before receiving written confirmation | 83078 |
| from the state that all of the state's bonded capital indebtedness | 83079 |
| associated with any of the buildings located on the real estate | 83080 |
| has been fully satisfied. | 83081 |
| (H) The Auditor of State, with the assistance of the Attorney | 83082 |
| General, shall prepare a deed to the real estate. The deed shall | 83083 |
| state the consideration and the conditions and restrictions and | 83084 |
| shall be executed by the Governor in the name of the state, | 83085 |
| countersigned by the Secretary of State, sealed with the Great | 83086 |
| Seal of the State, presented in the Office of the Auditor of State | 83087 |
| for recording, and delivered to the grantee. The grantee shall | 83088 |
| present the deed for recording in the Office of the Cuyahoga | 83089 |
| County Recorder. | 83090 |
| (I) This section expires one year after its effective date. | 83091 |
| Section 601.41. That existing Sections 205.10, 207.10, | 83092 |
| 207.10.80, 207.20.30, 207.20.90, 209.10, 209.20, 211.10, 215.10, | 83093 |
| 223.10, 229.10, 243.10, 247.10, 263.10, 263.10.30, 263.10.90, | 83094 |
| 263.20.40, 263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40, | 83095 |
| 267.30.20, 267.30.40, 279.10, 291.10, 307.10, 309.10, 309.30.30, | 83096 |
| 309.30.33, 309.35.73, 315.10, 327.10, 335.10, 343.10, 365.10, | 83097 |
| 367.10, 369.10, 371.10, 371.60.80, 373.10, 375.10, 379.10, 387.10, | 83098 |
| 403.10, 411.10, 415.10, 503.50, 521.70, and 753.25 of Am. Sub. | 83099 |
| H.B. 153 of the 129th General Assembly are hereby repealed. | 83100 |
| Section 601.50. That Section 4 of Sub. S.B. 171 of the 129th | 83101 |
| General Assembly be amended to read as follows: | 83102 |
| Sec. 4. The following agencies are retained under division | 83103 |
| (D) of section 101.83 of the Revised Code and expire on December | 83104 |
| 31, 2016: | 83105 |
| AGENCY NAME | REVISED CODE OR UNCODIFIED SECTION | 83106 | ||
| Academic Distress Commission | 3302.10 | 83107 | ||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 83108 | ||
| Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence | 3323.33, 3323.34 | 83109 | ||
| Advisory Council on Amusement Ride Safety | 1711.51, 1711.52 | 83110 | ||
| Advisory Council of Directors for Prison Labor | 5145.162 | 83111 | ||
| Advisory Council for Wild, Scenic, or Recreational River Area(s) | 1547.84 | 83112 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 83113 | ||
| Agricultural Commodity Marketing Programs Operating Committees | 924.07 | 83114 | ||
| Agricultural Commodity Marketing Programs Coordinating Committee | 924.14 | 83115 | ||
| Alternative Energy Advisory Committee | 4928.64(D) | 83116 | ||
| AMBER Alert Advisory Committee | 5502.521 | 83117 | ||
| Apprenticeship Council | Chapter 4139. | 83118 | ||
| Armory Board of Control | 5911.09, 5911.12 | 83119 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 83120 | ||
| Backflow Advisory Board | 3703.21 | 83121 | ||
| Banking Commission | 1123.01 | 83122 | ||
| Board of Directors of the Great Lakes Protection Fund | 1506.22 (6161.04) | 83123 | ||
| Board of Directors of the Medical Liability Underwriting Association Stabilization Fund | 3929.631 | 83124 | ||
| Board of Directors of the Ohio Appalachian Center for Higher Education | 3333.58 | 83125 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 - 3924.11 | 83126 | ||
| Board of Governors of the Commercial Insurance Joint Underwriting Association | 3930.03 | 83127 | ||
| Board of Governors of the Medical Liability Underwriting Association | 3929.64 | 83128 | ||
| Board of Voting Machines Examiners | 3506.05 | 83129 | ||
| Budget Planning and Management Commission | Section 509.10, H.B. 1, 128th G.A. | 83130 | ||
| Brain Injury Advisory Committee | 3304.231 | 83131 | ||
| Bureau of Workers' Compensation Board of Directors | 4121.12 | 83132 | ||
| Capitol Square Review and Advisory Board | 105.41 | 83133 | ||
| Child Care Advisory Council | 5104.08 | 83134 | ||
| Child Support Guideline Advisory Council | 3119.024 | 83135 | ||
| Children's Trust Fund Board | 3109.15 - 3109.17 | 83136 | ||
| Citizen's Advisory Council | 5123.092, 5123.093 | 83137 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 83138 | ||
| Coastal Resources Advisory Council | 1506.12 | 83139 | ||
| Commission on African-American Males | 4112.12, 4112.13 | 83140 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 83141 | ||
| Commission on Minority Health | 3701.78 | 83142 | ||
| Committee on Prescriptive Governance | 4723.49 - 4723.492 | 83143 | ||
| Commodity Advisory Commission | 926.32 | 83144 | ||
| Consumer Advisory Committee to the Rehabilitation Services Commission | 3304.24 | 83145 | ||
| Continuing Education Committee | 109.80(B) | 83146 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 83147 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 83148 | ||
| County Sheriff's Standard Car Marking and Uniform Commission | 311.25 - 311.27 | 83149 | ||
| Credential Review Board | 3319.65 | 83150 | ||
| Credit Union Council | 1733.329 | 83151 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 83152 | ||
| Data Collection and Analysis Group | 3727.32 | 83153 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 83154 | ||
| Department Advisory Council(s) | 107.18, 121.13 | 83155 | ||
| Development Financing Advisory Council | 122.40, 122.41 | 83156 | ||
| Early Childhood Advisory Council | 3301.90 | 83157 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48, 3301.49 | 83158 | ||
| Education Management Information System Advisory Board | 3301.0713 | 83159 | ||
| Educator Standards Board | 3319.60 | 83160 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 83161 | ||
| Emergency Response Commission | 3750.02 | 83162 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 83163 | ||
| Environmental Education Council | 3745.21 | 83164 | ||
| Environmental Protection Agency Advisory Board(s) | 121.13, 3704.03, 3745.01 | 83165 | ||
| eTech Ohio Commission | 3353.02 - 3353.04 | 83166 | ||
| Ex-Offender Reentry Coalition | 5120.07 | 83167 | ||
| Farmland Preservation Advisory Board | 901.23 | 83168 | ||
| Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township | 118.05 | 83169 | ||
| Financial Planning and Supervision Commission for a school district | 3316.05 | 83170 | ||
| Forestry Advisory Council | 1503.40 | 83171 | ||
| Governance Authority for a State University or College | 3345.75 | 83172 | ||
| Governor's Council on People with Disabilities | 3303.41 | 83173 | ||
| Governor's Policy Information Working Group | Section 313, H.B. 420, 127th G.A. | 83174 | ||
| Governor's Residence Advisory Commission | 107.40 | 83175 | ||
| Grain Marketing Program Operating Committee | 924.20 - 924.30 | 83176 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 83177 | ||
| Gubernatorial Transition Committee | 107.29, 126.26 | 83178 | ||
| Help Me Grow Advisory Council | 3701.611 | 83179 | ||
| Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council | 3701.0210 | 83180 | ||
| Homeland Security Advisory Council | 5502.011(E) | 83181 | ||
| Hospital Measures Advisory Council | 3727.31 | 83182 | ||
| Housing Trust Fund Advisory Committee | 174.06 | 83183 | ||
| Industrial Commission Nominating Council | 4121.04 | 83184 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29, 122.30 | 83185 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 83186 | ||
| Infection Control Group | 3727.312(D) | 83187 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 83188 | ||
| Interstate Rail Passenger Advisory Council | 4981.35 | 83189 | ||
| Joint Select Committee on Volume Cap | 133.021 | 83190 | ||
| Labor-Management Government Advisory Council | 4121.70 | 83191 | ||
| Legislative Programming Committee of the Ohio Government Telecommunications Service | 3353.07 | 83192 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 83193 | ||
| Maternity and Newborn Advisory Council | 3711.20, 3711.21 | 83194 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 83195 | ||
| Midwest Interstate Passenger Rail Compact Commission | 4981.361 | 83196 | ||
| Milk Sanitation Board | 917.03 - 917.032 | 83197 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 83198 | ||
| Minority Development Financing Advisory Board | 122.72, 122.73 | 83199 | ||
| Multi-Agency Radio Communications System (MARCS) Steering Committee | Section 15.02, H.B. 640, 123rd G.A. | 83200 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 83201 | ||
| New African Immigrants Commission | 4112.31, 4112.32 | 83202 | ||
| Ohio Accountability Task Force | 3302.021(E) | 83203 | ||
| Ohio Advisory Council for the Aging | 173.03 | 83204 | ||
| Ohio Agriculture License Plate Scholarship Fund Board | 901.90 | 83205 | ||
| Ohio Arts Council | Chapter 3379. | 83206 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 83207 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05, 4767.06 | 83208 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B)(4) | 83209 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 83210 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 - 179.04 | 83211 | ||
| Ohio Commission on Fatherhood | 5101.34 | 83212 | ||
| Ohio Community Service Council | 121.40 - 121.404 | 83213 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 83214 | ||
| Ohio Cultural Facilities Commission | Chapter 3383. | 83215 | ||
| Ohio Cystic Fibrosis Legislative Task Force | 101.38 | 83216 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 83217 | ||
| Ohio Expositions Commission | 991.02 | 83218 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 83219 | ||
| Ohio Geographically Referenced Information Program Council | 125.901, 125.902 | 83220 | ||
| Ohio Geology Advisory Council | 1501.11 | 83221 | ||
| Ohio Grape Industries Committee | 924.51 - 924.55 | 83222 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 83223 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 83224 | ||
| Ohio Judicial Conference | 105.91 - 105.97 | 83225 | ||
| Ohio Lake Erie Commission | 1506.21 | 83226 | ||
| Ohio Legislative Commission on the Education and Preservation of State History | Section 701.05, H.B. 1, 128th G.A. | 83227 | ||
| Ohio Medical Quality Foundation | 3701.89 | 83228 | ||
| Ohio Parks and Recreation Council | 1541.40 | 83229 | ||
| Ohio Peace Officer Training Commission | 109.71, 109.72 | 83230 | ||
| Ohio Private Investigation and Security Services Commission | 4749.021, 4743.01 | 83231 | ||
| Ohio Public Defender Commission | 120.01 - 120.03 | 83232 | ||
| Ohio Public Library Information Network Board of Trustees | 3375.65, 3375.66 | 83233 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 83234 | ||
| Ohio Small Government Capital Improvements Commission | 164.02(C)(D) | 83235 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 83236 | ||
| Ohio Standardbred Development Commission | 3769.085 | 83237 | ||
| Ohio Subrogation Rights Commission | 2323.44 | 83238 | ||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 83239 | ||
| Ohio Transportation Finance Commission | 5531.12(B) to (D) | 83240 | ||
| Ohio Tuition Trust Authority | 3334.03, 3334.08 | 83241 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10, 3337.11 | 83242 | ||
| Ohio Vendors Representative Committee | 3304.34, 20 USC 107 | 83243 | ||
| Ohio War Orphans Scholarship Board | 5910.02 - 5910.06 | 83244 | ||
| Ohio Water Advisory Council | 1521.031 | 83245 | ||
| Ohio Water Resources Council Advisory Group | 1521.19 | 83246 | ||
| Ohio Water Resources Council | 1521.19 | 83247 | ||
| Oil and Gas Commission | 1509.35 | 83248 | ||
| Operating Committee of the Oil and Gas Marketing Program | 1510.06, 1510.11 | 83249 | ||
| Organized Crime Investigations Commission | 177.01 | 83250 | ||
| Pharmacy and Therapeutics Committee of the Department of Job and Family Services | 5111.084 | 83251 | ||
| Physician Assistant Policy Committee of the State Medical Board | 4730.05, 4730.06 | 83252 | ||
| Physician Loan Repayment Advisory Board | 3702.81 | 83253 | ||
| Power Siting Board | 4906.02 | 83254 | ||
| Prequalification Review Board | 5525.07 | 83255 | ||
| Private Water Systems Advisory Council | 3701.346 | 83256 | ||
| 83257 | ||||
| Public Utilities Commission Nominating Council | 4901.021 | 83258 | ||
| Public Utility Property Tax Study Committee | 5727.85(K) | 83259 | ||
| Radiation Advisory Council | 3748.20 | 83260 | ||
| Reclamation Commission | 1513.05 | 83261 | ||
| Reclamation Forfeiture Fund Advisory Board | 1513.182 | 83262 | ||
| Recreation and Resources Commission | 1501.04 | 83263 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 83264 | ||
| School and Ministerial Lands Divestiture Committee | 501.041 | 83265 | ||
| Savings and Loan Associations and Savings Banks Board | 1181.16 | 83266 | ||
| Second Chance Trust Fund Advisory Committee | 2108.35 | 83267 | ||
| Service Coordination Workgroup | Section 751.20, H.B. 1, 128th G.A. | 83268 | ||
| Ski Tramway Board | 4169.02 | 83269 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 83270 | ||
| Solid Waste Management Advisory Council | 3734.51 | 83271 | ||
| Special Commission to Consider the Suspension of Local Government Officials | 3.16 | 83272 | ||
| Speed to Scale Task Force | Section 375.60.80, H.B. 119, 128th G.A. | 83273 | ||
| State Agency Coordinating Group | 1521.19 | 83274 | ||
| State Audit Committee | 126.46 | 83275 | ||
| State Council of Uniform State Laws | 105.21 - 105.27 | 83276 | ||
| State Criminal Sentencing Commission | 181.22 - 181.26 | 83277 | ||
| State Fire Council | 3737.81 | 83278 | ||
| State Library Board | 3375.01 | 83279 | ||
| State Victims Assistance Advisory Council | 109.91(B) and (C) | 83280 | ||
| Statewide Consortium of County Law Library Resource Boards | 3375.481 | 83281 | ||
| STEM Committee | 3326.02 | 83282 | ||
| Student Tuition Recovery Authority | 3332.081 | 83283 | ||
| Sunset Review Committee | 101.84 - 101.87 | 83284 | ||
| Tax Credit Authority | 122.17(M) | 83285 | ||
| Technical Advisory Committee to Assist Director of the Ohio Coal Development Office | 1551.35 | 83286 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 83287 | ||
| Transportation Review Advisory Council | 5512.07 - 5512.09 | 83288 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 83289 | ||
| Unemployment Compensation Review Commission | 4141.06 | 83290 | ||
| Veterans Advisory Committee | 5902.02(K) | 83291 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (private volunteer) | 146.02 - 146.06 | 83292 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (public) | 146.02 - 146.06 | 83293 | ||
| Water and Sewer Commission | 1525.11(C) | 83294 | ||
| Waterways Safety Council | 1547.73 | 83295 | ||
| Wildlife Council | 1531.03 - 1531.05 | 83296 | ||
| Workers' Compensation Board of Directors Nominating Committee | 4121.123 | 83297 |
| Section 601.51. That existing Section 4 of Sub. S.B. 171 of | 83298 |
| the 129th General Assembly is hereby repealed. | 83299 |
| Section 610.10. That Section 3 of Am. Sub. S.B. 160 of the | 83300 |
| 121st General Assembly be amended to read as follows: | 83301 |
| Sec. 3. Sections 109.57, 109.572, 2950.08, and 2953.32 | 83302 |
| 83303 | |
| 160 of the 121st General Assembly regarding employment of persons | 83304 |
|
who provide direct care to older adults, and sections | 83305 |
| 3712.09, 3721.121, and 3722.151 of the Revised Code, as enacted by | 83306 |
| 83307 | |
|
only to persons who apply for employment on or after | 83308 |
| 83309 |
| Section 610.11. That existing Section 3 of Am. Sub. S.B. 160 | 83310 |
| of the 121st General Assembly is hereby repealed. | 83311 |
| Section 620.10. That Section 3 of Am. Sub. S.B. 38 of the | 83312 |
| 120th General Assembly be amended to read as follows: | 83313 |
| Sec. 3. Sections 3301.54, and 5104.09 | 83314 |
|
Revised Code, as amended by | 83315 |
| General Assembly, and sections 109.572, 2151.86, 3301.32, | 83316 |
|
3301.541, | 83317 |
|
5153.111 of the Revised Code, as enacted by | 83318 |
| 38 of the 120th General Assembly, apply only to persons who apply | 83319 |
|
for employment for a position on or after | 83320 |
| 83321 |
| Section 620.11. That existing Section 3 of Am. Sub. S.B. 38 | 83322 |
| of the 120th General Assembly is hereby repealed. | 83323 |
| Section 701.10.10. OHIO STATEHOUSE SAFETY AND SECURITY STUDY | 83324 |
| The Department of Public Safety shall conduct a study of the | 83325 |
| safety and security of the Ohio Statehouse complex. The study | 83326 |
| shall include recommendations for improving the security protocols | 83327 |
| while providing for the health, safety, and convenience of those | 83328 |
| who work in, or visit, the statehouse. The report shall be | 83329 |
| submitted to the Capitol Square Review and Advisory Board for | 83330 |
| adoption not later than December 1, 2012. | 83331 |
| Section 701.10.20. Notwithstanding any contrary provision in | 83332 |
| section 105.41 of the Revised Code or in any rule or procedure | 83333 |
| adopted by the Capitol Square Review and Advisory Board, the Board | 83334 |
| shall designate, not later than October 1, 2012, a prominent place | 83335 |
| on the lawn or other outside grounds of Capitol Square for the | 83336 |
| erection of a permanent memorial to victims of the European | 83337 |
| Nazi-Promulgated Holocaust (1933-1945) and to those Ohioans who | 83338 |
| participated in the liberation of the death camps during World War | 83339 |
| II. The Board shall invite, accept, and evaluate proposals for the | 83340 |
| concept, design, financing, and erection of such a memorial, and | 83341 |
| shall select from among the proposals the memorial to be designed | 83342 |
| and erected at the place designated for that purpose. Site | 83343 |
| preparation, utility placement, and other preliminary construction | 83344 |
| activities shall be paid for with public funds. Planning for and | 83345 |
| designing and erecting the memorial shall be paid for with only | 83346 |
| private contributions. The Board shall accept private | 83347 |
| contributions for those purposes, and shall deposit the | 83348 |
| contributions into the Capitol Square Holocaust Memorial Fund. The | 83349 |
| Treasurer of State shall hold the Fund, not as part of the state | 83350 |
| treasury, but as a custodial account for the benefit of the Board. | 83351 |
| Investment earnings of the Fund shall be deposited into the Fund. | 83352 |
| The Board shall draw money from the Fund to pay the cost of | 83353 |
| planning for and designing and erecting the memorial, and shall | 83354 |
| maintain a thorough and accurate account of all its expenditures | 83355 |
| from the Fund. The accounts are a public record. | 83356 |
| Section 701.10.30. Notwithstanding the amendment by this act | 83357 |
| to section 105.41 of the Revised Code, the member of the Capitol | 83358 |
| Square Review and Advisory Board who represents the Ohio Building | 83359 |
| Authority continues to hold office until the end of the term for | 83360 |
| which the member was appointed. Upon expiration of that member's | 83361 |
| term, or upon the earlier occurrence of a vacancy in that | 83362 |
| membership, the Governor shall appoint a representative of the | 83363 |
| Department of Administrative Services to membership on the Board | 83364 |
| as required by the amendment. The member thus appointed holds | 83365 |
| office as a member of the Board for a term ending at the same time | 83366 |
| as the other members appointed by the Governor who are holding | 83367 |
| office as members of the Board at the time the appointment is | 83368 |
| made. | 83369 |
| Section 701.20. As used in this section, "political | 83370 |
| subdivision" has the meaning defined in section 2744.01 of the | 83371 |
| Revised Code. | 83372 |
| The Auditor of State shall establish, operate, and maintain | 83373 |
| one or more web sites to serve as an online clearinghouse of | 83374 |
| information about streamlining government operations, | 83375 |
| collaboration, and shared services to reduce the cost of | 83376 |
| government in this state. The web site may be developed by the | 83377 |
| Auditor of State or through the use of outside vendors. Existing | 83378 |
| web sites may be used if their content conforms to the | 83379 |
| requirements of this section. In establishing, maintaining, and | 83380 |
| operating the online clearinghouse web site, the Auditor of State | 83381 |
| shall: | 83382 |
| (A) Use a domain name for the web site that will be easily | 83383 |
| recognized, remembered, and understood by the users of the web | 83384 |
| site; | 83385 |
| (B) Maintain the web site so that it is fully accessible to | 83386 |
| and searchable by members of the public at all times; | 83387 |
| (C) Not charge a fee to a person who accesses, searches, or | 83388 |
| otherwise uses the web site; | 83389 |
| (D) Compile information provided by political subdivisions | 83390 |
| that includes savings recommendations from performance audits, | 83391 |
| examples of shared services among communities, shared services | 83392 |
| agreements to use as templates, and other tools developed | 83393 |
| independently by the Auditor of State or requested by political | 83394 |
| subdivisions and agreed to by the Auditor of State; | 83395 |
| (E) Enable political subdivisions to register and request | 83396 |
| inclusion of their submitted information on the web site, as well | 83397 |
| as to report state and local barriers to collaboration; | 83398 |
| (F) Enable information to be accessed by key word or other | 83399 |
| useful identifiers; | 83400 |
| (G) Maintain adequate systemic security and back-up features, | 83401 |
| and develop and maintain a contingency plan for coping with and | 83402 |
| recovering from power outages, systemic failures, and other | 83403 |
| unforeseen difficulties; and | 83404 |
| (H) Maintain the web site in such a manner that it will not | 83405 |
| infringe legally protected interests, so that vulnerability of the | 83406 |
| web site to interruption because of litigation or the threat of | 83407 |
| litigation is reduced. | 83408 |
| Section 701.30. As used in this section, "political | 83409 |
| subdivision" has the meaning defined in section 2744.01 of the | 83410 |
| Revised Code. | 83411 |
| The Department of Administrative Services, by itself or by | 83412 |
| contract with another entity, shall establish, operate, and | 83413 |
| maintain a web site to serve as an online clearinghouse of | 83414 |
| information about existing joint purchasing programs between or | 83415 |
| among political subdivisions in the state. In establishing, | 83416 |
| maintaining, and operating the online clearinghouse web site, the | 83417 |
| department shall: | 83418 |
| (A) Use a domain name for the web site that will be easily | 83419 |
| recognized, remembered, and understood by the users of the web | 83420 |
| site; | 83421 |
| (B) Maintain the web site so that it is fully accessible to | 83422 |
| and searchable by members of the public at all times; | 83423 |
| (C) Not charge a fee to a person who accesses, searches, or | 83424 |
| otherwise uses the web site; | 83425 |
| (D) Compile information provided by political subdivisions | 83426 |
| about joint purchasing arrangements they are involved in that the | 83427 |
| department verifies, through meetings with various statewide | 83428 |
| associations and others, to have resulted in verifiable cost | 83429 |
| savings, and consolidate that information on the web site in a | 83430 |
| consistent manner; | 83431 |
| (E) Enable political subdivisions to register and request | 83432 |
| inclusion of their submitted information on the web site; | 83433 |
| (F) Enable information to be accessed by key word, by program | 83434 |
| name, by county, by type of product or service, and by other | 83435 |
| useful identifiers; | 83436 |
| (G) Maintain adequate systemic security and back-up features, | 83437 |
| and develop and maintain a contingency plan for coping with and | 83438 |
| recovering from power outages, systemic failures, and other | 83439 |
| unforeseen difficulties; and | 83440 |
| (H) Maintain the web site in such a manner that it will not | 83441 |
| infringe legally protected interests, so that vulnerability of the | 83442 |
| web site to interruption because of litigation or the threat of | 83443 |
| litigation is reduced. | 83444 |
| The department shall bear the expense of establishing, | 83445 |
| operating, and maintaining the online clearinghouse web site. | 83446 |
| Section 701.40. The Director of Budget and Management and | 83447 |
| the Director of Administrative Services shall determine ways to | 83448 |
| improve efficiencies of enterprise services, including, but not | 83449 |
| limited to, the areas of procurement, human resources, and | 83450 |
| information technology. The improvements may result in the | 83451 |
| consolidation and transfer of the enterprise services. The | 83452 |
| Director of Budget and Management, upon agreement with the | 83453 |
| Director of Administrative Services and notwithstanding any law to | 83454 |
| the contrary, may make budget changes and program transfers | 83455 |
| between agencies as determined necessary for successful | 83456 |
| implementation of this section. Notwithstanding any law to the | 83457 |
| contrary, the Director of Budget and Management, upon agreement | 83458 |
| with the Director of Administrative Services, may establish any | 83459 |
| necessary new funds, appropriations, full or partial encumbrances, | 83460 |
| and consolidate funds and transfer cash. Any employees, assets and | 83461 |
| liabilities, including, but not limited to, records and contracts | 83462 |
| and agreements, may also be transferred by the Director of Budget | 83463 |
| and Management and the Director of Administrative Services in | 83464 |
| order to facilitate the improvements determined under this | 83465 |
| section. | 83466 |
| Section 701.50. MARCS STEERING COMMITTEE AND STATEWIDE | 83467 |
| COMMUNICATIONS SYSTEM | 83468 |
| There is hereby created a Multi-Agency Radio Communications | 83469 |
| System (MARCS) Steering Committee consisting of the designees of | 83470 |
| the Directors of Administrative Services, Public Safety, Natural | 83471 |
| Resources, Transportation, Rehabilitation and Correction, and | 83472 |
| Budget and Management, and the State Fire Marshal or the State | 83473 |
| Fire Marshal's designee. The Director of Administrative Services | 83474 |
| or the Director's designee shall chair the Committee. The | 83475 |
| Committee shall provide assistance to the Director of | 83476 |
| Administrative Services for effective and efficient implementation | 83477 |
| of the MARCS system as well as develop policies for the ongoing | 83478 |
| management of the system. Upon dates prescribed by the Directors | 83479 |
| of Administrative Services and Budget and Management, the MARCS | 83480 |
| Steering Committee shall report to the Directors on the progress | 83481 |
| of MARCS implementation and the development of policies related to | 83482 |
| the system. | 83483 |
| Section 701.60. As used in this section, "business day" means | 83484 |
| a day of the week, excluding Saturday, Sunday, or a legal holiday | 83485 |
| as defined in section 1.14 of the Revised Code. | 83486 |
| Any regional council of governments that was formed and is | 83487 |
| operating before the effective date of the amendment by this act | 83488 |
| of section 167.04 of the Revised Code shall notify the Auditor of | 83489 |
| State of its existence within 30 business days after the effective | 83490 |
| date of that amendment, and shall provide on a form prescribed by | 83491 |
| the Auditor of State the information required under that section. | 83492 |
| The Auditor of State shall review the information and, within one | 83493 |
| year after the effective date of that amendment, shall issue a | 83494 |
| report to the Governor and the General Assembly. The report shall | 83495 |
| address how many regional councils of governments are operating | 83496 |
| under Chapter 167. of the Revised Code, whether those regional | 83497 |
| councils continue to meet the objectives for which regional | 83498 |
| councils were first authorized in 1967, and whether regional | 83499 |
| councils are an efficient and effective way for local governments | 83500 |
| to share services or to participate in cooperative arrangements. | 83501 |
| Section 701.70.10. (A) The construction and energy operations | 83502 |
| of the Office of the State Architect and Engineer (OSAE) under | 83503 |
| Chapters 123. and 153. are transferred and consolidated into the | 83504 |
| construction and capital funding operations of the Ohio Facilities | 83505 |
| Construction Commission (OFCC). And the Ohio School Facilities | 83506 |
| Commission (OSFC) becomes an independent agency within the Ohio | 83507 |
| Facilities Construction Commission. Notwithstanding Chapter 153. | 83508 |
| of the Revised Code, the OFCC is thereupon and thereafter | 83509 |
| successor to, assumes the power and obligations of, and otherwise | 83510 |
| constitutes the continuation of the construction and energy | 83511 |
| operations and related management functions of the OSAE as | 83512 |
| provided in the applicable sections of Chapter 153. of the Revised | 83513 |
| Code or in any agreements relating to capital expenditures for | 83514 |
| construction operations functions to which the OSAE is a party. | 83515 |
| All statutory references to the OSAE are deemed to be references | 83516 |
| to the OFCC. | 83517 |
| (B) Any activities relating to the operations and related | 83518 |
| management functions commenced but not completed by the OSAE shall | 83519 |
| be completed by the OFCC in the same manner and with the same | 83520 |
| effect as if completed by the OSAE. No validation, cure, right, | 83521 |
| privilege, remedy, obligation, or liability is lost or impaired by | 83522 |
| reason of the consolidation, and shall be administered by the | 83523 |
| OFCC. All rules, orders, and determinations related to design, | 83524 |
| planning, and construction and energy operations and related | 83525 |
| management functions of the OSAE continue in effect as rules, | 83526 |
| orders, and determinations of the OFCC, until modified or | 83527 |
| rescinded by the OFCC. The Director of the Legislative Service | 83528 |
| Commission shall renumber the OSAE rules related to the design, | 83529 |
| planning, and construction and energy operations and related | 83530 |
| management functions to reflect their transfer to the OFCC. | 83531 |
| (C) To the extent possible, all employees of the OSAE shall | 83532 |
| be transferred to the OFCC, as the OFCC determines to be necessary | 83533 |
| for the successful implementation of this section. All employees | 83534 |
| of the OSFC shall remain in their current classifications unless | 83535 |
| the OFCC determines otherwise. | 83536 |
| (D) No judicial or administrative action or proceeding, to | 83537 |
| which the OSAE or an authorized officer of either is a party, that | 83538 |
| is pending on the effective date of this section, or on such later | 83539 |
| date as may be established by an authorized officer of the OFCC | 83540 |
| and that is related to its construction, capital funding, or | 83541 |
| energy operation or related management functions, is affected by | 83542 |
| the transfer and consolidation of functions. Any such action or | 83543 |
| proceeding shall be prosecuted or defended in the name of the | 83544 |
| OFCC. On application to the court or agency, the OFCC shall be | 83545 |
| substituted for the OSAE or an authorized officer of either as a | 83546 |
| party to the action or proceeding. | 83547 |
| (E) Notwithstanding any provision of the law to the contrary, | 83548 |
| and not sooner than 90 days after the effective date of this | 83549 |
| section, and if requested by the OFCC, the Director of Budget and | 83550 |
| Management shall make budget changes made necessary by the | 83551 |
| transfer, if any, including administrative organization, program | 83552 |
| transfers, the creation of new funds, the transfer of state funds, | 83553 |
| and the consolidation of funds, as authorized by this section. The | 83554 |
| Director of Budget and Management may, if necessary, establish | 83555 |
| encumbrances or parts of encumbrances created in fiscal years 2012 | 83556 |
| and 2013 in the appropriate fund and appropriation item for the | 83557 |
| same purpose and for payment to the same vendor in fiscal year | 83558 |
| 2013. The established encumbrances plus any additional amounts | 83559 |
| determined to be necessary for the OFCC to perform the | 83560 |
| construction, energy, and capital funding operation and related | 83561 |
| management functions of the OSAE are hereby appropriated. | 83562 |
| (F) Not later than 30 days after the transfer and | 83563 |
| consolidation of the construction, energy, and capital funding | 83564 |
| operations and related management functions of the OSAE to the | 83565 |
| OFCC, an authorized officer of the OSAE shall certify to the OFCC | 83566 |
| the unexpended balance and location of any funds and accounts | 83567 |
| designated for building and facility operation and management | 83568 |
| functions, and the custody of such funds and accounts shall be | 83569 |
| transferred to the OFCC. | 83570 |
| (G) The OFCC and the Department of Natural Resources (DNR) | 83571 |
| shall cooperate in a study to determine which operation functions, | 83572 |
| if any, of the DNR Division of Engineering should be integrated | 83573 |
| and consolidated into the OFCC. The study shall be completed not | 83574 |
| later than December 31, 2012. | 83575 |
| Section 701.70.20. The Division of Labor in the Department of | 83576 |
| Commerce is hereby renamed the Division of Industrial Compliance | 83577 |
| on the effective date of section 121.04 of the Revised Code, as | 83578 |
| amended by this act. The Division and the Superintendent of | 83579 |
| Industrial Compliance shall have and perform all the duties, | 83580 |
| powers, and obligations of the Division and Superintendent of | 83581 |
| Labor. All rules, actions, determinations, commitments, | 83582 |
| resolutions, decisions, and agreements pertaining to the duties, | 83583 |
| powers, obligations, functions, and rights of the Division or | 83584 |
| Superintendent of Labor, in force or in effect on the effective | 83585 |
| date of section 121.04 of the Revised Code, as amended by this | 83586 |
| act, shall continue in force and effect and apply to the Division | 83587 |
| or Superintendent of Industrial Compliance as applicable and | 83588 |
| subject to any further lawful action thereon by the Division or | 83589 |
| Superintendent of Industrial Compliance. Wherever the | 83590 |
| Superintendent of Labor or Division of Labor are referred to in | 83591 |
| any provision of law, or in any agreement or document that | 83592 |
| pertains to those duties, powers, obligations, functions, and | 83593 |
| rights, the reference is to the Superintendent of Industrial | 83594 |
| Compliance or Division of Industrial Compliance, as appropriate. | 83595 |
| All authorized obligations and supplements thereto of the | 83596 |
| Superintendent and Division of Labor are binding on the | 83597 |
| Superintendent or Division of Industrial Compliance and nothing in | 83598 |
| this act impairs those obligations or rights or the obligations or | 83599 |
| rights under any contract. The renaming of the Division of Labor | 83600 |
| and Superintendent of Labor does not affect the validity of | 83601 |
| agreements or obligations made by that superintendent or division | 83602 |
| pursuant to Chapters 121., 3703., 3781., 3791., 4104., 4105., and | 83603 |
| 4740. of the Revised Code or any other provisions of law. | 83604 |
| In connection with the renaming of the Division of Labor, all | 83605 |
| real property and interest therein, documents, books, money, | 83606 |
| papers, records, machinery, furnishings, office equipment, | 83607 |
| furniture, and all other property over which the Superintendent | 83608 |
| and Division of Labor have control and the rights of the | 83609 |
| Superintendent and Division of Labor to enforce or receive any of | 83610 |
| those is automatically transferred to the Superintendent and | 83611 |
| Division of Industrial Compliance without necessity for further | 83612 |
| action on the part of the Superintendent or Division of Industrial | 83613 |
| Compliance, or the Director of Commerce. Additionally, all | 83614 |
| appropriations or reappropriations made to the Superintendent and | 83615 |
| Division of Labor for the purposes of the performance of their | 83616 |
| duties, powers, and obligations, are transferred to the | 83617 |
| Superintendent and Division of Industrial Compliance to the extent | 83618 |
| of the remaining unexpended or unencumbered balance thereof, | 83619 |
| whether allocated or unallocated, and whether obligated or | 83620 |
| unobligated. | 83621 |
| Section 729.10. The amendments to divisions (D)(4) and (5) | 83622 |
| of section 2967.193 of the Revised Code that are made in this act | 83623 |
| apply with respect to the calculation of credit earned by a | 83624 |
| prisoner for programs or activities that the prisoner participates | 83625 |
| in on or after the first day of the calendar month that | 83626 |
| immediately follows the calendar month in which this section takes | 83627 |
| effect. | 83628 |
| Section 737.10. ABOLISHMENT OF THE PUBLIC HEALTH COUNCIL | 83629 |
| On the effective date of this section, the Public Health | 83630 |
| Council is abolished and the responsibilities of the Public Health | 83631 |
| Council are transferred to the Director of Health. | 83632 |
| Any business before the Public Health Council commenced but | 83633 |
| not completed before the effective date of this section shall be | 83634 |
| completed by the Director of Health. The business shall be | 83635 |
| completed in the same manner, and with the same effect, as if | 83636 |
| completed by the Director of Health immediately prior to the | 83637 |
| effective date of this section. | 83638 |
| No validation, cure, right, privilege, remedy, obligation, or | 83639 |
| liability is lost or impaired by reason of this act's abolishment | 83640 |
| of the Public Health Council and transfer of responsibility to the | 83641 |
| Director of Health. Each such validation, cure, right, privilege, | 83642 |
| remedy, obligation, or liability shall be administered by the | 83643 |
| Director of Health. | 83644 |
| All rules, orders, and determinations of the Public Health | 83645 |
| Council adopted or made immediately prior to the effective date of | 83646 |
| this section shall continue in effect as rules, orders, and | 83647 |
| determinations of the Director of Health until modified or | 83648 |
| rescinded by the Director of Health. If necessary to ensure the | 83649 |
| integrity of the numbering system of the Administrative Code, the | 83650 |
| Director of the Legislative Service Commission shall renumber the | 83651 |
| rules to reflect the transfer of the Public Health Council's | 83652 |
| responsibilities to the Director of Health. | 83653 |
| Any action or proceeding that is related to the functions or | 83654 |
| duties of the Public Health Council pending on the effective date | 83655 |
| of this section is not affected by the transfer and shall be | 83656 |
| prosecuted or defended in the name of the Director of Health. In | 83657 |
| all such actions and proceedings, the Director of Health, on | 83658 |
| application to the court, shall be substituted as a party. | 83659 |
| Section 737.20. (A) On the effective date of the amendment of | 83660 |
| the statutes governing the Division of Recycling and Litter | 83661 |
| Prevention in the Department of Natural Resources by this act or | 83662 |
| on July 1, 2012, whichever is later, the Division of Recycling and | 83663 |
| Litter Prevention is abolished, and all of its functions, together | 83664 |
| with its assets and liabilities, are transferred from within the | 83665 |
| Department of Natural Resources to within the Environmental | 83666 |
| Protection Agency. | 83667 |
| (B) Any business commenced but not completed by the Division | 83668 |
| of Recycling and Litter Prevention in the Department of Natural | 83669 |
| Resources on the effective date of the transfer shall be completed | 83670 |
| by the Environmental Protection Agency. Any validation, cure, | 83671 |
| right, privilege, remedy, obligation, or liability is not lost or | 83672 |
| impaired solely by reason of the transfer required by this section | 83673 |
| and shall be administered by the Environmental Protection Agency | 83674 |
| in accordance with this act. | 83675 |
| (C) All of the rules, orders, and determinations of the | 83676 |
| Division of Recycling and Litter Prevention in the Department of | 83677 |
| Natural Resources or of the Department of Natural Resources in | 83678 |
| relation to that Division continue in effect as rules, orders, and | 83679 |
| determinations of the Environmental Protection Agency until | 83680 |
| modified or rescinded by the Environmental Protection Agency. If | 83681 |
| necessary to ensure the integrity of the numbering of the | 83682 |
| Administrative Code, the Director of the Legislative Service | 83683 |
| Commission shall renumber rules of the Department of Natural | 83684 |
| Resources in relation to the former Division of Recycling and | 83685 |
| Litter Prevention in that Department to reflect the transfer to | 83686 |
| the Environmental Protection Agency. | 83687 |
| (D) Subject to the provisions of the applicable bargaining | 83688 |
| unit agreements, all of the positions of the Division of Recycling | 83689 |
| and Litter Prevention in the Department of Natural Resources are | 83690 |
| transferred to the Environmental Protection Agency. Employees who | 83691 |
| transfer with the positions shall retain their same or | 83692 |
| substantially similar positions and all the benefits accruing | 83693 |
| thereto. Upon completion of the transfer, the employees shall be | 83694 |
| subject to the policies and procedures of the Environmental | 83695 |
| Protection Agency. | 83696 |
| (E) Whenever the Division of Recycling and Litter Prevention | 83697 |
| in the Department of Natural Resources or the Chief of the | 83698 |
| Division of Recycling and Litter Prevention is referred to in any | 83699 |
| law, contract, or other document, the reference shall be deemed to | 83700 |
| refer to the Environmental Protection Agency or to the Director of | 83701 |
| Environmental Protection, whichever is appropriate in context. | 83702 |
| (F) Any action or proceeding pending on the effective date of | 83703 |
| the amendment of the statutes governing the Division of Recycling | 83704 |
| and Litter Prevention by this act is not affected by the transfer | 83705 |
| of the functions of that Division by this act and shall be | 83706 |
| prosecuted or defended in the name of the Environmental Protection | 83707 |
| Agency. In all such actions and proceedings, the Environmental | 83708 |
| Protection Agency, upon application to the court, shall be | 83709 |
| substituted as a party. | 83710 |
| Section 737.30. The Recycling and Litter Prevention Advisory | 83711 |
| Council created within the Environmental Protection Agency by | 83712 |
| section 3736.04 of the Revised Code, as amended and renumbered by | 83713 |
| this act, is a continuation of the Recycling and Litter Prevention | 83714 |
| Advisory Council created within the Division of Recycling and | 83715 |
| Litter Prevention in the Department of Natural Resources by | 83716 |
| section 1502.04 of the Revised Code prior to its amendment and | 83717 |
| renumbering by this act. | 83718 |
| Section 747.10.10. (A) The Manufactured Homes Commission | 83719 |
| shall adopt the rules required by section 4781.26 of the Revised | 83720 |
| Code as amended by this act not later than December 1, 2012. After | 83721 |
| adopting the rules, the Commission immediately shall notify the | 83722 |
| Director of Health. | 83723 |
| (B)(1) The rules governing manufactured home parks adopted by | 83724 |
| the Public Health Council under former section 3733.02 of the | 83725 |
| Revised Code shall remain in effect in a health district until the | 83726 |
| Commission adopts rules under section 4781.26 of the Revised Code | 83727 |
| as amended by this act. | 83728 |
| (2) On the effective date of the rules adopted by the | 83729 |
| Commission as required by section 4781.26 of the Revised Code as | 83730 |
| amended by this act, the Public Health Council rules adopted under | 83731 |
| former section 3733.02 of the Revised Code cease to be effective | 83732 |
| within the jurisdiction of that board of health. | 83733 |
| (C) No board of health of a city or general health district | 83734 |
| shall invoice or collect manufactured home park licensing fees for | 83735 |
| calendar year 2013. | 83736 |
| (D) As used in this section: | 83737 |
| (1) "Manufactured home park," "board of health," and "health | 83738 |
| district" have the same meanings as in section 4781.01 of the | 83739 |
| Revised Code, as amended by this act. | 83740 |
| (2) "Public Health Council" means the Public Health Council | 83741 |
| created by section 3701.33 of the Revised Code. | 83742 |
| Section 747.10.20. Any manufactured home park license and | 83743 |
| inspection fees collected pursuant to former section 3733.04 of | 83744 |
| the Revised Code by a board of health prior to the transition of | 83745 |
| the annual license and inspection program to the Manufactured | 83746 |
| Homes Commission as required under this act in the amount of two | 83747 |
| thousand dollars or less may be transferred to the health fund of | 83748 |
| the city or general health district. Any of those funds in excess | 83749 |
| of two thousand dollars shall be transferred to the Manufactured | 83750 |
| Homes Commission Regulatory Fund created in section 4781.54 of the | 83751 |
| Revised Code as enacted by this act. | 83752 |
| Section 747.10.30. Notwithstanding the original term of the | 83753 |
| appointment, the term of the Manufactured Homes Commission member | 83754 |
| who was appointed by the Governor as a representative of the | 83755 |
| Department of Health pursuant to division (B)(2)(b) of section | 83756 |
| 4781.02 of the Revised Code shall end on the effective date of | 83757 |
| that section as amended by this act. The initial term of the | 83758 |
| registered sanitarian appointed to the Manufactured Homes | 83759 |
| Commission pursuant to section 4781.02 of the Revised Code, as | 83760 |
| amended by this act, shall expire on the date when the | 83761 |
| representative of the Department of Health's term would have | 83762 |
| expired, but for this section. | 83763 |
| Section 747.20.10. On the effective date of the amendments | 83764 |
| made to section 4765.02 of the Revised Code by this act, the | 83765 |
| member of the renamed State Board of Emergency Medical and | 83766 |
| Transportation Services who is a physician certified by the | 83767 |
| American Board of Emergency Medicine or the American Osteopathic | 83768 |
| Board of Emergency Medicine and is active in the practice of | 83769 |
| emergency medicine and is actively involved with an emergency | 83770 |
| medical service organization shall cease to be a member of the | 83771 |
| Board. On the effective date of the amendments made to section | 83772 |
| 4765.02 of the Revised Code by this act, the member of the renamed | 83773 |
| State Board of Emergency Medical and Transportation Services who | 83774 |
| is a member of the Ohio Ambulance Association shall cease to be a | 83775 |
| member of the Board. On the effective date of the amendments made | 83776 |
| to section 4765.02 of the Revised Code by this act, of the two | 83777 |
| members of the renamed State Board of Emergency Medical and | 83778 |
| Transportation Services each of whom is an Emergency Medical | 83779 |
| Technician-Basic and was appointed to the Board in that capacity, | 83780 |
| only the member who is designated by the Governor to continue to | 83781 |
| be a member of the Board shall continue to be so; the other person | 83782 |
| shall cease to be a member of the Board. On the effective date of | 83783 |
| the amendments made to section 4765.02 of the Revised Code by this | 83784 |
| act, of the three members of the renamed State Board of Emergency | 83785 |
| Medical and Transportation Services each of whom is an Emergency | 83786 |
| Medical Technician-Intermediate and was appointed to the Board in | 83787 |
| that capacity, only the member who is designated by the Governor | 83788 |
| to continue to be a member of the Board shall continue to be so; | 83789 |
| the other two persons shall cease to be members of the Board. | 83790 |
| On the effective date of the amendments made to section | 83791 |
| 4765.02 of the Revised Code by this act, all members of the former | 83792 |
| State Board of Emergency Medical Services who do not cease to be | 83793 |
| members of the renamed State Board of Emergency Medical and | 83794 |
| Transportation Services by the terms of this act shall continue to | 83795 |
| be members of the renamed State Board of Emergency Medical and | 83796 |
| Transportation Services, and the dates on which the terms of the | 83797 |
| continuing members expire shall be the dates on which their terms | 83798 |
| as members of the former State Board of Emergency Medical Services | 83799 |
| expired. On the effective date of the amendments made to section | 83800 |
| 4765.02 of the Revised Code by this act, the following members of | 83801 |
| the former Ohio Medical Transportation Board shall become members | 83802 |
| of the State Board of Emergency Medical and Transportation | 83803 |
| Services, and the dates on which those members' terms on the State | 83804 |
| Board of Emergency Medical and Transportation Services expire | 83805 |
| shall be as follows: | 83806 |
| (A) The person who owns or operates a private emergency | 83807 |
| medical service organization operating in this state, as | 83808 |
| designated by the Governor, term ends November 12, 2012; | 83809 |
| (B) The person who owns or operates a nonemergency medical | 83810 |
| service organization that provides only ambulette services, term | 83811 |
| ends November 12, 2012; | 83812 |
| (C) The person who is a member of the Ohio Ambulance | 83813 |
| Association, term ends November 12, 2013; | 83814 |
| (D) The person who is a consumer of emergency medical | 83815 |
| services who is not associated with any public or private | 83816 |
| emergency medical service organization, term ends November 12, | 83817 |
| 2013; | 83818 |
| (E) The person who is a member of the Ohio Association of | 83819 |
| Critical Care Transport and represents air-based services, term | 83820 |
| ends November 12, 2014. | 83821 |
| (F) The person who is a member of the Ohio Association of | 83822 |
| Critical Care Transport and represents a ground-based mobile | 83823 |
| intensive care unit organization, term ends November 12, 2014. | 83824 |
| All subsequent terms of office for these six positions on the | 83825 |
| State Board of Emergency Medical and Transportation Services shall | 83826 |
| be for three years as provided in section 4765.02 of the Revised | 83827 |
| Code. | 83828 |
| Section 747.20.20. TRANSFER OF THE MEDICAL TRANSPORTATION | 83829 |
| BOARD TO THE DEPARTMENT OF PUBLIC SAFETY | 83830 |
| On July 1, 2012, the Medical Transportation Board and all of | 83831 |
| its functions are transferred to the Department of Public Safety. | 83832 |
| As of such date, the Medical Transportation Board shall operate | 83833 |
| under the Department of Public Safety, which shall assume all of | 83834 |
| the Board's functions. All assets, liabilities, any capital | 83835 |
| spending authority related thereto, and equipment and records, | 83836 |
| regardless of form or medium, related to the Medical | 83837 |
| Transportation Board's functions are transferred to the Department | 83838 |
| of Public Safety on July 1, 2012. | 83839 |
| No validation, cure, right, privilege, remedy, obligation, or | 83840 |
| liability is lost or impaired by reason of the transfer. All of | 83841 |
| the Medical Transportation Board's rules, orders, and | 83842 |
| determinations continue in effect as rules, orders, and | 83843 |
| determinations of the Department of Public Safety until modified | 83844 |
| or rescinded by the Department of Public Safety. | 83845 |
| Subject to the lay-off provisions of sections 124.321 to | 83846 |
| 124.328 of the Revised Code, all employees of the Medical | 83847 |
| Transportation Board are transferred to the Department of Public | 83848 |
| Safety and shall retain their positions and all benefits accruing | 83849 |
| thereto. | 83850 |
| No action or proceeding pending on July 1, 2012, is affected | 83851 |
| by the transfer and any action or proceeding pending on July 1, | 83852 |
| 2012, shall be prosecuted or defended in the name of the | 83853 |
| Department of Public Safety or its director. In all such actions | 83854 |
| and proceedings, the Department of Public Safety or its director, | 83855 |
| upon application to the court, shall be substituted as a party. | 83856 |
| On or after July 1, 2012, notwithstanding any provision of | 83857 |
| law to the contrary, the Director of Budget and Management shall | 83858 |
| take any action with respect to budget changes made necessary by | 83859 |
| the transfer. The Director may transfer cash balances between | 83860 |
| funds. The Director may cancel encumbrances and reestablish | 83861 |
| encumbrances or parts of encumbrances as needed in the fiscal year | 83862 |
| in the appropriate fund and appropriation item for the same | 83863 |
| purpose and to the same vendor. As determined by the Director, | 83864 |
| encumbrances reestablished in the fiscal year in a different fund | 83865 |
| or appropriation item used by an agency or between agencies are | 83866 |
| appropriated. The Director shall reduce each year's appropriation | 83867 |
| balances by the amount of the encumbrance canceled in their | 83868 |
| respective funds and appropriation item. Any unencumbered or | 83869 |
| unallocated appropriation balances from the previous fiscal year | 83870 |
| may be transferred to the appropriate appropriation item to be | 83871 |
| used for the same purposes, as determined by the Director. Any | 83872 |
| such transfers are hereby appropriated. | 83873 |
| Section 751.10. LICENSURE OF ICFs/MR AS RESIDENTIAL | 83874 |
| FACILITIES | 83875 |
| (A) Until July 1, 2013, a person or government agency that, | 83876 |
| on the effective date of this section, operates an intermediate | 83877 |
| care facility for the mentally retarded pursuant to a nursing home | 83878 |
| license issued under Chapter 3721. of the Revised Code shall not | 83879 |
| be subject to a penalty under section 5123.99 of the Revised Code | 83880 |
| for operating the facility without a license issued under section | 83881 |
| 5123.19 of the Revised Code notwithstanding sections 5123.20 and | 83882 |
| 5123.99 of the Revised Code. | 83883 |
| (B) Notwithstanding the amendments by this act to sections | 83884 |
| 3702.62, 3721.01, and 5123.19 of the Revised Code and the repeal | 83885 |
| by this act of section 5123.192 of the Revised Code, an | 83886 |
| intermediate care facility for the mentally retarded that is | 83887 |
| licensed as a nursing home under Chapter 3721. of the Revised Code | 83888 |
| on the effective date of this section shall continue to be a | 83889 |
| nursing home for the purposes for which it is considered to be a | 83890 |
| nursing home under the law in effect on the day immediately | 83891 |
| preceding the effective date of those amendments and that repeal | 83892 |
| until the earliest of the following: | 83893 |
| (1) The date that the facility's nursing home license is | 83894 |
| revoked or voided under section 3721.07 of the Revised Code; | 83895 |
| (2) The date that a residential facility license is obtained | 83896 |
| for the facility under section 5123.19 of the Revised Code; | 83897 |
| (3) July 1, 2013. | 83898 |
| (C) Notwithstanding the amendment by this act to section | 83899 |
| 3721.21 of the Revised Code, a nursing home or part of a nursing | 83900 |
| home certified as an intermediate care facility for the mentally | 83901 |
| retarded on the effective date of this section shall continue to | 83902 |
| be excluded from the definition of "long-term care facility" in | 83903 |
| that section for as long as it is certified as an intermediate | 83904 |
| care facility for the mentally retarded. | 83905 |
| (D) Notwithstanding the amendment by this act to section | 83906 |
| 3721.50 of the Revised Code, a nursing home or part of a nursing | 83907 |
| home licensed under section 3721.02 or 3721.09 of the Revised Code | 83908 |
| that is certified as an intermediate care facility for the | 83909 |
| mentally retarded on the effective date of this section shall | 83910 |
| continue to be exempt from the franchise permit fee under sections | 83911 |
| 3721.50 to 3721.58 of the Revised Code and instead subject to the | 83912 |
| franchise permit fee under sections 5112.30 to 5112.39 of the | 83913 |
| Revised Code for as long as it is certified as an intermediate | 83914 |
| care facility for the mentally retarded. | 83915 |
| (E) Notwithstanding the amendment by this act to section | 83916 |
| 5123.41 of the Revised Code, a nursing home or part of a nursing | 83917 |
| home that is certified as an intermediate care facility for the | 83918 |
| mentally retarded on the effective date of this section shall | 83919 |
| continue to be a residential facility for the purpose of section | 83920 |
| 5123.41 of the Revised Code for as long as it is certified as an | 83921 |
| intermediate care facility for the mentally retarded or is | 83922 |
| licensed under section 5123.19 of the Revised Code. | 83923 |
| (F) Notwithstanding the amendment by this act to section | 83924 |
| 5126.51 of the Revised Code, a nursing home or part of a nursing | 83925 |
| home that is certified as an intermediate care facility for the | 83926 |
| mentally retarded on the effective date of this section shall | 83927 |
| continue to be a residential facility for the purpose of section | 83928 |
| 5126.51 of the Revised Code for as long as it is certified as an | 83929 |
| intermediate care facility for the mentally retarded or otherwise | 83930 |
| meets the definition of "residential facility" in section 5123.19 | 83931 |
| of the Revised Code. | 83932 |
| Section 751.10.10. ADULT CARE FACILITY LICENSURE TRANSITION | 83933 |
| Pursuant to the amendment and repeal by this act of sections | 83934 |
| 5119.22, 5119.70 to 5119.88, and 5119.99 of the Revised Code, the | 83935 |
| Director of Mental Health may convert an adult care facility's | 83936 |
| license in effect immediately before the effective date of this | 83937 |
| section to a license as a residential facility. Until the Director | 83938 |
| converts the license or issues an order denying the conversion, | 83939 |
| the adult care facility's license is deemed to be a residential | 83940 |
| facility license. All rules, orders, and determinations pertaining | 83941 |
| to the adult care facility license continue in effect as rules, | 83942 |
| orders, and determinations pertaining to the residential facility | 83943 |
| license. | 83944 |
| Section 751.20. The amendments by this act to Section 3 of | 83945 |
| Am. Sub. S.B. 38 of the 120th General Assembly eliminate the | 83946 |
| exemptions from the requirements of sections 3701.881 and 5126.28 | 83947 |
| of the Revised Code that Section 3 of that act gave to persons | 83948 |
| who, before October 29, 1993, were employed or had applied for | 83949 |
| employment in positions covered by sections 3701.881 and 5126.28 | 83950 |
| of the Revised Code. The amendments by this act to Section 3 of | 83951 |
| Am. Sub. S.B. 160 of the 121st General Assembly eliminate the | 83952 |
| exemptions from the requirements of sections 173.41 (as | 83953 |
| subsequently renumbered as 173.394) and 3701.881 of the Revised | 83954 |
| Code that Section 3 of that act gave to persons who, before | 83955 |
| January 27, 1997, were employed or had applied for employment in | 83956 |
| positions covered by sections 173.41 (173.394) and 3701.881 of the | 83957 |
| Revised Code. The exemptions are eliminated in conjunction with | 83958 |
| this act's amendments to sections 173.394, 3701.881, and 5123.081 | 83959 |
| of the Revised Code and the repeal of section 5126.28 of the | 83960 |
| Revised Code so that the Directors of Aging, Health, and | 83961 |
| Developmental Disabilities may adopt rules under those amended | 83962 |
| sections to make persons formerly exempt from the requirements of | 83963 |
| sections 173.394, 3701.881, and 5126.28 of the Revised Code | 83964 |
| subject to the requirements of sections 173.394, 3701.881, and | 83965 |
| 5123.081 of the Revised Code. | 83966 |
| Section 753.10. (A) Pursuant to section 5911.10 of the | 83967 |
| Revised Code, the Governor is authorized to execute a deed in the | 83968 |
| name of the state, conveying to a purchaser or purchasers to be | 83969 |
| determined in the manner provided in division (E) of this section, | 83970 |
| and the purchaser or purchaser's successors and assigns or heirs | 83971 |
| and assigns, all of the state's right, title, and interest in the | 83972 |
| following described parcels of real estate, associated with the | 83973 |
| Marion Armory, the Eaton Armory, and the Eaton MVSB, that the | 83974 |
| Adjutant General has determined are no longer needed by the Ohio | 83975 |
| National Guard for armory or military purposes: | 83976 |
| (1) Marion Armory property: | 83977 |
| Situate in the State of Ohio, County of Marion and Township of | 83978 |
| Claridon, and being a part of the south half of Section No. 18 and | 83979 |
| part of the north half of Section No. 19 in Township 5 South, | 83980 |
| Range 16 East, more particularly described as follows; | 83981 |
| Beginning at an Iron Pipe in the center of U. S. Highway No. 30, | 83982 |
| said Pipe being 71 feet northeasterly of the North-South half | 83983 |
| Section Line of aforesaid Section No. 18 and Three Thousand Eight | 83984 |
| Hundred Two (3,802') feet northeasterly (measured along the center | 83985 |
| line of U. S. Highway No. 30) from the center of Pole Lane Road | 83986 |
| (Marion County Road No. 174) and the west line of aforesaid | 83987 |
| Section No. 19. Said beginning point also being on the North | 83988 |
| boundary line of the Marion Engineer Depot Land and at the | 83989 |
| northeast corner of the herein described parcel of land; | 83990 |
| Thence leaving the center line of said Highway and the north | 83991 |
| boundary line of Engineer Depot Land and bearing South 24 degrees | 83992 |
| 30 minutes East, on a line parallel to and 50 feet westerly | 83993 |
| (measured perpendicularly) from the center line of First Street in | 83994 |
| the Marion Engineer Depot, a distance of One Thousand Two Hundred | 83995 |
| Thirty—Six and Four tenths feet (1236.4') to an Iron Pipe; | 83996 |
| Thence South 14 degrees 10 minutes East along the west bank of an | 83997 |
| open ditch (crossing the main R. R, track of the Engineer Depot at | 83998 |
| 402 feet) a distance of Four Hundred Seventy-Four and Five-tenths | 83999 |
| feet (474.5') to a U. S. government concrete survey monument at a | 84000 |
| corner in the south and west boundary line of the Engineer Depot | 84001 |
| Land; | 84002 |
| Thence following the Southerly boundary line of the Engineer Depot | 84003 |
| Land the following courses and distances; | 84004 |
| North 79 degrees 53 minutes West a distance of Eight Hundred Four | 84005 |
| feet (804') to a U. S. Government concrete survey monument; | 84006 |
| Thence North 71 degrees 38 minutes West a distance of One Thousand | 84007 |
| One Hundred Sixty—One feet (1161') to an Iron Pipe; | 84008 |
| Thence North 8 degrees 30 minutes West (crossing the Main R. R. | 84009 |
| track of the Engineer Depot) a distance of One Hundred | 84010 |
| Twenty-Three and Eighty-five hundredths feet (123.85') to an Iron | 84011 |
| Pipe; | 84012 |
| Thence Easterly and Northerly along a survey line established by | 84013 |
| Marion County Engineers, July 1963, the following courses and | 84014 |
| distances; | 84015 |
| South 88 degrees 10 minutes East One Hundred Thirty—Seven and | 84016 |
| Two—tenths feet (137.2') to an Iron Pipe; | 84017 |
| Thence North 73 degrees 22 minutes East Three Hundred Twenty-Four | 84018 |
| and seventy-five hundredths feet (324.75') to an Iron Pipe; | 84019 |
| Thence North 65 degrees 28 minutes East Five Hundred Thirteen and | 84020 |
| Seven tenths feet (513.7')to an Iron Pipe; | 84021 |
| Thence North 8 degrees 30 minutes West Five Hundred Sixty—five and | 84022 |
| Five-tenths feet (565.5') to an Iron Pipe in the center of | 84023 |
| aforesaid U. S. Highway No. 30 and the North Boundary Line of | 84024 |
| Marion Engineer Depot Land; | 84025 |
| Thence North 81 degrees 30 minutes East along the center line of | 84026 |
| U. S. Highway 30 and north boundary line of the Engineer Depot | 84027 |
| Land One Hundred Forty—one and two tenths feet (141.2') to an Iron | 84028 |
| Pipe at the P. C. (point of beginning) of a Three degree curve to | 84029 |
| the left; | 84030 |
| Thence along the arc of said Three degree curve (radius 1910 feet, | 84031 |
| tangent 267 feet, central angle 16 degrees) a distance of Three | 84032 |
| Hundred Twenty—One (321) feet to an Iron Pipe in the center of | 84033 |
| aforesaid U. S. Highway No. 30 and the Point of Beginning, | 84034 |
| containing Thirty-Two and Naught Sixty-Two Thousandths acres | 84035 |
| (32.062); more or less. Subject to any and all existing easements, | 84036 |
| licenses, etc., recorded or unrecorded, for public highways, | 84037 |
| roads, railroads, pipelines, drainage, sewer mains, and public | 84038 |
| utilities, if any. | 84039 |
| Subject to the following specific conditions, restrictions, | 84040 |
| easements and reservations to the United States of America, and | 84041 |
| its assigns, as referenced in the deed from the United States of | 84042 |
| America, acting by and through the Administrator of General | 84043 |
| Services to the State of Ohio and recorded in Deed Book 405, Page | 84044 |
| 17, in the Recorder's Office, Marion County, Ohio: | 84045 |
| 1. Title to the Railroad Tracks traversing the above-described | 84046 |
| property and serving the Marion Engineer Depot; together with | 84047 |
| perpetual easements for rights—of—way, and the right of ingress | 84048 |
| and egress thereto at all times over and through the | 84049 |
| above-described property to use, maintain, repair, renew, relocate | 84050 |
| or remove all or any portion of said railroad tracks or any of the | 84051 |
| appurtenances, over, across, in and upon premises in question, and | 84052 |
| described as follows: | 84053 |
| Situate in the State of Ohio, County of Marion, and Township of | 84054 |
| Claridon, and being a part of the South half of Section No. 18 and | 84055 |
| a part of the north half of Section No. 19 in Township 5 South, | 84056 |
| Range 16 East. | 84057 |
| Easement for Main Railroad Track to Marion Engineer Depot — being | 84058 |
| a strip of land Thirty (30') feet in width, with Fifteen (15) feet | 84059 |
| lying on each side of the centerline of said main Railroad track. | 84060 |
| The course of the centerline of said track is described as | 84061 |
| follows: | 84062 |
| Beginning at a point on the west boundary line of aforesaid Parcel | 84063 |
| No. 3, said point being North 8° 30' West 75.5 feet from the | 84064 |
| Southwest corner of said Parcel No. 3; | 84065 |
| Thence South 75° 15' East and on the centerline of aforesaid Main | 84066 |
| Railroad track a distance of Sixteen Hundred Ninety-one feet | 84067 |
| (1691') to a point; | 84068 |
| Thence South 75° 50' East, Two Hundred Fifty-four feet (254') to a | 84069 |
| point on the East Boundary Line of aforesaid Parcel No. 3. Said | 84070 |
| point being North 14° 10' West 94.5 feet from the South East | 84071 |
| corner of aforesaid Parcel No. 3. | 84072 |
| Also, an Easement for Railroad Track No. 3 to Marion Engineer | 84073 |
| Depot: Being a strip of land thirty feet (30') in width, with | 84074 |
| fifteen feet (15') lying on each side of the centerline of said | 84075 |
| Railroad track No. 3. | 84076 |
| The course of the center line of said Track No. 3 is described as | 84077 |
| follows; | 84078 |
| Beginning at a point on the East Boundary Line of aforesaid Parcel | 84079 |
| No. 3 and on the center line of said Railroad track No. 3. Said | 84080 |
| beginning point being 64 feet North of the center line of B Avenue | 84081 |
| and 50 feet west of the center line of 1st Street in Marion | 84082 |
| Engineer Depot; | 84083 |
| Thence Southwesterly on the center line of said Railroad track No. | 84084 |
| 3, One Hundred Thirty feet (130') to the (P. S.) point of Switch | 84085 |
| for track No. 3 at track No. 4 to Marion Engineer Depot. | 84086 |
| Also, an Easement for Railroad Track No.4 to Marion Engineer | 84087 |
| Depot. Being a strip of land thirty feet (30') in width, with | 84088 |
| fifteen (15') feet lying on each side of the center line of said | 84089 |
| Railroad Track No. 4. | 84090 |
| The course of the center line of said Rail road Track No. 4 is | 84091 |
| described as follows: | 84092 |
| Beginning at a point on the East Boundary Line of aforesaid Parcel | 84093 |
| No. 3 and on the center line of aforesaid Railroad track No. 4; | 84094 |
| said point being 51 feet North of the center line of B Avenue and | 84095 |
| 50 feet West of the center line of 1st Street in Marion Engineer | 84096 |
| Depot; | 84097 |
| thence South 65° 30' West on the center line of aforesaid Railroad | 84098 |
| Track No. 4 a distance of One Thousand One Hundred Eighty feet | 84099 |
| (1180') to the (P. C.) Point of beginning of a 10 degree curve to | 84100 |
| the right; | 84101 |
| Thence along the arc of said curve and on the center line of | 84102 |
| aforesaid Track No. 4 a distance of Four Hundred Ten feet (410') | 84103 |
| to a point on the West Boundary line of aforesaid Parcel No. 3. | 84104 |
| Said point being 84 feet North 8° 30' West from the South West | 84105 |
| corner of said Parcel No. 3. | 84106 |
| Also, an Easement for Railroad Track No. 5 to Marion Engineer | 84107 |
| Depot. Being a strip of land Thirty feet (30') in width, with | 84108 |
| Fifteen feet (15') lying on each side of the center line of said | 84109 |
| Railroad Track No. 5; | 84110 |
| The course of the center line of Said Track No. 5 is described as | 84111 |
| follows: | 84112 |
| Beginning at a point on the East Boundary Line of aforesaid Parcel | 84113 |
| No. 3 and on the center line of aforesaid Railroad Track No. 5. | 84114 |
| Said point being 40 feet South of the center line of B. Avenue and | 84115 |
| 50 feet West of the center line of 1st Street in Marion Engineer | 84116 |
| Depot; | 84117 |
| Thence South 79° West on the center line of aforesaid Railroad | 84118 |
| Track No. 5 a distance of Three Hundred feet (300') to the (P. C.) | 84119 |
| Point of Curve to the left; | 84120 |
| Thence along the arc of said curve and on the center line of said | 84121 |
| Railroad Track No. 5, One Hundred sixty-one feet (161') to (P. S.) | 84122 |
| Point of Switch for Track No. 5 at Track No. 4 to Marion Engineer | 84123 |
| Depot. | 84124 |
| Also, an Easement for Railroad Track No. 7 to Marion Engineer | 84125 |
| Depot. Being a strip of land Thirty (30) feet in width, with | 84126 |
| Fifteen (15) feet lying on each side of the center line of said | 84127 |
| Railroad Track No. 7. | 84128 |
| The course of the center line of said Track No. 7 is described as | 84129 |
| follows: | 84130 |
| Beginning at a point on the East Boundary Line of aforesaid Parcel | 84131 |
| No. 3 and on the center line of aforesaid Railroad Track No. 7. | 84132 |
| Said point being 86 feet south of the center line of C Avenue and | 84133 |
| 50 feet West of the center line of 1st Street in Marion Engineer | 84134 |
| Depot. | 84135 |
| Thence South 65° 30' West on the center line of aforesaid Railroad | 84136 |
| Track No. 7 a distance of Seven Hundred Sixty—six (766) feet to | 84137 |
| the (P. C.) Point of Beginning of a 10 degree curve to the right; | 84138 |
| Thence along the arc of said curve and on the center line of | 84139 |
| aforesaid Railroad Track No. 7 a distance of Three Hundred | 84140 |
| Ninety-eight feet (398') to the (P.S.) Point of Switch for Track | 84141 |
| No. 7 at the Main Railroad track to Marion Engineer Depot. | 84142 |
| Also, an Easement for Railroad Track No. 8 to Marion Engineer | 84143 |
| Depot. Being a strip of and Thirty feet (30') in width, with | 84144 |
| Fifteen feet (15') lying on each side of the center line of said | 84145 |
| Railroad Track No. 8. The course of the center line of said Track | 84146 |
| No. 8 is described as follows: | 84147 |
| Beginning at a point on the East Boundary Line of aforesaid Parcel | 84148 |
| No. 3 and on the center line of aforesaid Track No. 8, said point | 84149 |
| being 106 feet south of the center line of C Avenue and 50 feet | 84150 |
| west of the center line of 1st Street in Marion Engineer Depot; | 84151 |
| Thence South 65° 30' West on the center line of aforesaid Railroad | 84152 |
| Track No. 8 a distance of Six Hundred Forty-four feet (644') to | 84153 |
| the (P. C.) Point of Curve to the right; | 84154 |
| Thence along the arc of said curve and on the center line of said | 84155 |
| Railroad Track No. 8 a distance of One Hundred Ninety feet (190') | 84156 |
| to the (P. S.) Point of Switch for Track No. 8 at Track No. 7 to | 84157 |
| Marion Engineer Depot. | 84158 |
| Also, an Easement for Railroad Track No. 9 to Marion Engineer | 84159 |
| Depot. Being a strip of: land Thirty feet (30') in width, with | 84160 |
| Fifteen feet (15') lying on each side of the center line of said | 84161 |
| Railroad Track No. 9. | 84162 |
| The course of the center line of said Track No. 9 is described as | 84163 |
| follows: | 84164 |
| Beginning at a point on the East Boundary line of aforesaid Parcel | 84165 |
| No. 3 and on the center line of aforesaid Railroad Track No. 9. | 84166 |
| Said point being 106 feet North of the center line of D Avenue and | 84167 |
| 50 feet West of the center line of 1st Street in Marion Engineer | 84168 |
| Depot; | 84169 |
| Thence South 65° 30' west on the center line of aforesaid Railroad | 84170 |
| Track No. 9 a distance of Five Hundred Forty-seven feet (547') to | 84171 |
| the (P. C.) Point of Beginning of a 10 degree curve to the right; | 84172 |
| Thence along the arc of said curve and on the center line of | 84173 |
| aforesaid Railroad Track No. 9 a distance of Three Hundred | 84174 |
| Eighty-five feet (385') to the (P. S.) Point of Switch for Track | 84175 |
| No. 9 at the Main Railroad Track to the Marion Engineer Depot. | 84176 |
| Also, an Easement for Railroad Track No. 10 in Marion Engineer | 84177 |
| Depot. Being a strip of land Thirty (30) feet in width, with | 84178 |
| Fifteen (15) feet lying on each side of the center line of said | 84179 |
| Railroad Track No. 10, The course of the center line of said Track | 84180 |
| No. 10 is described as follows: | 84181 |
| Beginning at a point on the East Boundary line of aforesaid Parcel | 84182 |
| No. 3 and on the center line of aforesaid Track No. 10. Said point | 84183 |
| being 86 feet North of the center line of D Avenue and 50 feet | 84184 |
| west of the center line of 1st Street in Marion Engineer Depot; | 84185 |
| Thence South 65° 30' West on the center line of aforesaid Railroad | 84186 |
| Track No. 10 a distance of Two Hundred Eighty-five (285) feet to | 84187 |
| the (P. C.) Point of beginning of a 3 degree curve to the right; | 84188 |
| Thence along the arc of said curve and on the center line of said | 84189 |
| Railroad Track No. 10 a distance of Three Hundred Fifteen (315) | 84190 |
| feet to the (P. S.) Point of Switch for Track No. 10 at track No. | 84191 |
| 9 to the Marion Engineer Depot. | 84192 |
| 2. The right to use the existing water service line traversing the | 84193 |
| above-described property and serving the Marion Engineer Depot, | 84194 |
| and described as follows: | 84195 |
| Situate in the State of Ohio, County of Marion and Township of | 84196 |
| Claridon, and being a part of the North half of Section No. 19 in | 84197 |
| Township 5 South, Range 16 East, and being a strip of land Thirty | 84198 |
| (30) feet in width, (15 feet on each side of the center line of | 84199 |
| aforesaid water service line traversing aforesaid Parcel No. 3). | 84200 |
| The course of said center line is described as follows: | 84201 |
| Beginning at a point on the West boundary line of aforesaid Parcel | 84202 |
| No. 3, said point being North 8° 30' East forty-four (44) feet | 84203 |
| from the south west corner of aforesaid Parcel No. 3; | 84204 |
| Thence South 75°15' East, One Thousand Two Hundred Seventy (1270) | 84205 |
| feet more or less to an angle in aforesaid water service line; | 84206 |
| Thence North 65° 30' East (passing under the main R. R. track to | 84207 |
| Engineer Depot at about 50 feet) Two Hundred Seventy (270) feet to | 84208 |
| an angle in said water service line; | 84209 |
| Thence North 86° East Seventy—five (75) feet, more or less, to an | 84210 |
| angle in said water service line; | 84211 |
| Thence North 65° 30' East One Hundred Thirty (130) feet, more or | 84212 |
| less, to an angle in said water service line; | 84213 |
| Thence North 42° East Seventy-five (75) feet, more or less, to an | 84214 |
| angle in said water service line; | 84215 |
| Thence North 65° 30' East, sixty—five (65) feet, more or less, to | 84216 |
| a point in the East Boundary line of aforesaid Parcel No. 3, said | 84217 |
| point being 50 feet west of the center line of 1st Street and | 84218 |
| about 31 feet south of the center line of D Avenue in Marion | 84219 |
| Engineer Depot. | 84220 |
| 3. The right to use the electric power lines and poles along U. S. | 84221 |
| Highway No. 30S, which traverse premises in question and service | 84222 |
| the Marion Engineer Depot, and described as follows: | 84223 |
| Situate in the State of Ohio, County of Marion and Township of | 84224 |
| Claridon, and being a part of the South half of Section No. 18 in | 84225 |
| Township 5 south, Range 16 East, and being the South half (30 feet | 84226 |
| in width) of the 60 foot Right of way of aforesaid U. S. Highway | 84227 |
| No. 30S and extending along the north side of aforesaid Parcel No. | 84228 |
| 3, and is described as follows: | 84229 |
| Beginning at the most northern Northwest corner of said Parcel No. | 84230 |
| 3 and on the center line of aforesaid Highway No. 30S; | 84231 |
| Thence North 81° 30' East, along the center line of said Highway, | 84232 |
| a distance of One Hundred Forty One and Two Tenths (141.2) feet to | 84233 |
| the P. C. (Point of beginning) of a 3 degree curve to the left; | 84234 |
| Thence Northeasterly on the arc of said curve and on the center | 84235 |
| line of said U. S. Highway 30S a distance of Three Hundred | 84236 |
| Twenty-one (321) feet to the North East corner of aforesaid Parcel | 84237 |
| No. 3; | 84238 |
| Thence South 24° 30' East, along the East boundary line of said | 84239 |
| Parcel No. 3, a distance of Thirty (30) feet to a point on the | 84240 |
| south Right of Way line of aforesaid U. S. Highway 30S; | 84241 |
| Thence Southwesterly along said Right of Way line, concentric to | 84242 |
| and 30 feet distant from the center line of U. S. Highway No. 30S, | 84243 |
| a distance of Three Hundred Thirty (330) feet to a Highway Right | 84244 |
| of Way monument; | 84245 |
| Thence continuing along said Right of Way line, South 81° 30' | 84246 |
| West, One Hundred Forty-one and Two tenths (141.2) feet to a point | 84247 |
| in the West boundary line of aforesaid Parcel No. 3; | 84248 |
| Thence North 8° 30' West along said boundary line, a distance of | 84249 |
| Thirty (30) feet to the point of beginning. | 84250 |
| 4. The right to use the existing sanitary sewer lines, storm | 84251 |
| sewers, and appurtenances thereto traversing premises in question | 84252 |
| and servicing the Marion Engineer Depot. | 84253 |
| (2) Eaton Armory property: | 84254 |
| Situated in the County of Preble, State of Ohio, and in the | 84255 |
| Village of Eaton, Ohio, and bounded and described as follows, to | 84256 |
| wit: Being One Hundred and Forty-five (145) feet taken evenly off | 84257 |
| the North end of Lots Numbered Two Hundred and Seventy-three and | 84258 |
| Two Hundred and Seventy-four, as the same are known and designated | 84259 |
| on the Recorded Plat of the Village of Eaton, Ohio. | 84260 |
| (3) Eaton MVSB property: | 84261 |
| Tract 1 | 84262 |
| Situated in the Northwest Quarter of Section Two (2), Township | 84263 |
| Seven (7) North, Range Two (2) East, City of Eaton, Washington | 84264 |
| Township, Preble County, Ohio, being part of a 5.86 acre tract, | 84265 |
| which Is part of OutLot 153, as described In Deed Records Volume | 84266 |
| 256, Page 311, in the office of the Preble County Recorder, and | 84267 |
| being more particularly described as follows: | 84268 |
| Commencing at the intersection of the south line of St. Clair | 84269 |
| Street, and the west line of Nation Avenue, said intersection also | 84270 |
| being the northeast corner of Lot 1943; | 84271 |
| thence North 89° 02' 05" West 100.00 feet along the south line of | 84272 |
| St. Clair Street, to the northwest corner of Lot 1943, being the | 84273 |
| TRUE POINT 0F BEGINNING for the tract herein described, witness an | 84274 |
| iron pipe found South 2° 16' 50" East 0.69 feet; | 84275 |
| thence South 00° 08' 01" West 251.41 feet along the west line of | 84276 |
| Lot 1943 and the west line of a tract described in Deed Records | 84277 |
| Volume 372, Page 495, to an iron pin set, witness an iron pin in | 84278 |
| concrete found, North 89° 20' 28" East 2.95 feet; | 84279 |
| thence North 89° 02' 05" West 131.00 feet along the north line of | 84280 |
| OutLot 154 as described in Deed Records Volume 195, Page 450, to | 84281 |
| an iron pin set, witness an iron pin in concrete found South 75° | 84282 |
| 17' 45" East 3.13 feet; | 84283 |
| thence South 00° 07' 57" West 376.68 feet along the west line of | 84284 |
| OutLot 154, to a point, witness an iron pin in concrete found | 84285 |
| South 82° 38' 03" East 073 feet; | 84286 |
| thence North 88° 55' 44" West 155.36 feet along the north line of | 84287 |
| a tract described in Deed Records Volume 115, Page 169, to the | 84288 |
| centerline of the Norfolk and Western railroad, witness a railroad | 84289 |
| spike found South 88° 55' 44" East 33.47 feet; | 84290 |
| thence North 10° 18' 54" West 512.14 feet along said [ centerline, | 84291 |
| to a point, witness an iron pin set South 89° 21' 15" East 33.61 | 84292 |
| feet; | 84293 |
| thence South 89° 21' 15" East 169.93 feet along the south line of | 84294 |
| OutLot 155 as described in Deed Records Volume 320, Page 787, said | 84295 |
| south line being 40.15 feet south of and parallel with the south | 84296 |
| line of the main building of the former Washington Motor Building, | 84297 |
| to an Iron pin set, witness a railroad spike found North 39° 33' | 84298 |
| 05" West 2.47 feet; | 84299 |
| thence North 00° 03' 49" West 124.56 feet along the east line of | 84300 |
| OutLot 155, said east line being 40.00 feet east of and parallel | 84301 |
| with the east line of said building, to a point, witness a | 84302 |
| railroad spike found South 89° 44 11" West 0.17 feet; | 84303 |
| thence South 89° 02' 05" East 209.73 feet along the south line of | 84304 |
| St. Clair Street, to the point of beginning, containing 3.311 | 84305 |
| acres, more or less, being subject to legal easements of record. | 84306 |
| Bearings for the above description are based upon the south line | 84307 |
| of the northeast quarter (North 89° 56' 20" East), per State Plane | 84308 |
| Coordinates System per Kramer & Associates, Drawing D-057. | 84309 |
| Iron pins set in the above description are 5/8 inch by 30 inch | 84310 |
| reinforcing rod, with aluminum cap stamped "Kramer, Eaton, | 84311 |
| Richmond." | 84312 |
| Surveyed and prepared by Douglas E. Kramer, Registered Surveyor | 84313 |
| #6329 on February 15, 1994, as shown on Drawing D—651, by Kramer a | 84314 |
| Associates, Eaton, Ohio and RIchmond, lndiana. | 84315 |
| Prior Instrument References: Volume 378, Page 768 and Volume 393 | 84316 |
| Page 440 of the Deed Records of the Preble County, Ohio Recorder. | 84317 |
| Parcel No.: M40000608301006000 | 84318 |
| Tract 2 | 84319 |
| Being a tract of land situated in the northwest quarter of Section | 84320 |
| No. 2, Township 7, Range 2 East (Washington Township, Preble | 84321 |
| County, Ohio) and described as follows, to wit: | 84322 |
| Beginning at a stone on the south line of Public Lane Street, and | 84323 |
| 309.30 feet west of the west line of Nation Avenue (or Short | 84324 |
| Street) of the Village of Eaton, in the said County, | 84325 |
| thence South 41' East 122.65 feet with a line 40 feet east and | 84326 |
| parallel with the east end of the Washington Motor Building, to a | 84327 |
| stake 40 feet east and 40.15 feet south of the south east corner | 84328 |
| of the water table of said building, | 84329 |
| thence North 85°45' West 169.10 feet with a line 40.15 feet south | 84330 |
| and parallel with the south line of the main building of said | 84331 |
| Motor Company to the center of the P.C. C. & St. L. Railway, | 84332 |
| thence North 10°55' West 124.90 feet with the center of said | 84333 |
| railroad to the south line of said Public Lane. | 84334 |
| Thence South 89°45' East 192.66 feet with the south line of said | 84335 |
| Public Lane to the place of Beginning, containing 0.509 of an acre | 84336 |
| of land, subject to the right of way of said railroad. | 84337 |
| Parcel No.: M40000608301009000 | 84338 |
| The Director of Administrative Services may adjust the legal | 84339 |
| descriptions to accommodate any corrections deemed necessary to | 84340 |
| facilitate recordation of the deed. | 84341 |
| (B) The deed for the Marion Armory property shall contain the | 84342 |
| following requirement: The grantee shall maintain all existing | 84343 |
| utility lines, which include the water service line, sanitary | 84344 |
| sewer lines, storm sewer lines, electric pole and power lines, and | 84345 |
| appurtenances thereto, that traverse the property and service the | 84346 |
| Marion Engineer Depot. The grantee shall bear the entire cost of | 84347 |
| maintenance of the utilities. | 84348 |
| (C) If a parcel is sold to a municipal corporation, township, | 84349 |
| or county and that political subdivision sells the parcel within | 84350 |
| two years after its purchase, the political subdivision shall pay | 84351 |
| to the state, for deposit into the state treasury to the credit of | 84352 |
| the Armory Improvements Fund pursuant to section 5911.10 of the | 84353 |
| Revised Code, an amount representing one-half of any net profit | 84354 |
| derived from that subsequent sale. The net profit shall be | 84355 |
| computed by first subtracting the price at which the political | 84356 |
| subdivision bought the parcel from the price at which the | 84357 |
| political subdivision sold the parcel, and then subtracting from | 84358 |
| that remainder the amount of any expenditures the political | 84359 |
| subdivision made for improvements to the parcel. | 84360 |
| (D) At the request of the Adjutant General, the Department of | 84361 |
| Administrative Services shall, pursuant to the procedures | 84362 |
| described in division (e) of this section, assist in the sale of | 84363 |
| any of the parcels. | 84364 |
| (E) The Adjutant General's Department shall appraise the | 84365 |
| parcels or have them appraised by one or more disinterested | 84366 |
| persons for a fee to be determined by the Adjutant General. The | 84367 |
| Adjutant General shall offer the parcels for sale in their "as is" | 84368 |
| condition as follows: | 84369 |
| (1) The Adjutant General first shall offer a parcel for sale | 84370 |
| at its appraised value to the municipal corporation or township in | 84371 |
| which it is located. | 84372 |
| (2) If, after sixty days, the municipal corporation or | 84373 |
| township has not accepted the Adjutant General's offer to sell the | 84374 |
| parcel at its appraised value or has accepted the offer but has | 84375 |
| failed to complete the purchase, the Adjutant General shall offer | 84376 |
| the parcel at its appraised value to the county in which it is | 84377 |
| located. | 84378 |
| (3) If, after sixty days, the county has not accepted the | 84379 |
| Adjutant General's offer to sell the parcel at its appraised value | 84380 |
| or has accepted the offer but has failed to complete the purchase, | 84381 |
| the Adjutant General shall, in concert with the Department of | 84382 |
| Administrative Services, arrange a public auction, and the parcel | 84383 |
| shall be sold to the highest bidder at a price acceptable to the | 84384 |
| Adjutant General. The Adjutant General may reject any and all bids | 84385 |
| through the auctioneer. | 84386 |
| The Adjutant General shall advertise each public auction in a | 84387 |
| newspaper of general circulation within the county in which the | 84388 |
| parcel is located, once a week for three consecutive weeks prior | 84389 |
| to the date of the auction. The terms of sale of the parcel | 84390 |
| pursuant to the public auction shall be payment of ten per cent of | 84391 |
| the purchase price in cash, bank draft, or certified check on the | 84392 |
| date of sale, with the balance payable within sixty days after the | 84393 |
| date of sale. A purchaser who does not timely complete the | 84394 |
| conditions of the sale shall forfeit to the state the ten per cent | 84395 |
| of the purchase price paid on the date of the sale as liquidated | 84396 |
| damages. | 84397 |
| Should a purchaser not complete the conditions of sale as | 84398 |
| described herein, the Adjutant General and its auctioneer is | 84399 |
| authorized to accept the next highest bid from the auction by | 84400 |
| collecting ten per cent of the purchase price from the secondary | 84401 |
| bidder and proceed to close the sale, so long as the secondary bid | 84402 |
| meets all other criteria provided for in this division. | 84403 |
| (F) Advertising costs, appraisal fees, and other costs of the | 84404 |
| sale of the parcels shall be paid by the Adjutant General's | 84405 |
| Department. | 84406 |
| (G) Upon the payment of ten per cent of the purchase price of | 84407 |
| a parcel in accordance with division (E)(3) of this section or | 84408 |
| upon notice from the Adjutant General's Department that a parcel | 84409 |
| has been sold to a municipal corporation, township, or county in | 84410 |
| accordance with division (E)(1)or (2) of this section, the Auditor | 84411 |
| of State, with the assistance of the Attorney General, shall | 84412 |
| prepare a deed for that parcel. The deed shall state the | 84413 |
| consideration and any applicable requirements. The deed shall be | 84414 |
| executed by the Governor in the name of the state, countersigned | 84415 |
| by the Secretary of State, sealed with the Great Seal of the | 84416 |
| State, and presented for recording in the Office of the Auditor of | 84417 |
| State. The deed shall be delivered to the buyer at closing when | 84418 |
| the balance of the purchase price is collected by the state. The | 84419 |
| buyer shall present the deed for recording in the office of the | 84420 |
| county recorder of the county in which the parcel is located. | 84421 |
| (H) The net proceeds of the sale of the parcels shall be | 84422 |
| deposited into the state treasury to the credit of the Armory | 84423 |
| Improvements Fund pursuant to section 5911.10 of the Revised Code. | 84424 |
| (I) This section expires five years after its effective date. | 84425 |
| Section 753.20. (A) The Governor is authorized to execute a | 84426 |
| deed in the name of the state conveying to the City of Defiance | 84427 |
| (the "grantee"), and its successors and assigns, all of the | 84428 |
| state's right, title, and interest in the following described real | 84429 |
| estate: | 84430 |
| A tract of land lying in Defiance County, State of Ohio, Township | 84431 |
| of Defiance, and known as a part lot 34 of the Auditors Plat of | 84432 |
| Lots between the Maumee and Auglaize Rivers, being known as the | 84433 |
| State Fish Hatchery Grounds. Being part southeast quarter (SE ¼) | 84434 |
| of Section twenty-seven (27), Township four (4) North, Range four | 84435 |
| (4) East, and being more particularly described as follows: | 84436 |
| Commencing at a point being the centerline at the southerly end of | 84437 |
| the Miami and Erie Canal Lock No. 34; thence South 48°-06-'00"West | 84438 |
| a distance of four hundred twenty-nine and one tenth (429.10) | 84439 |
| feet, to a point; thence North 41º- 54'-00" West a distance of | 84440 |
| five hundred seven and sixty-nine hundredths (507.69) feet to an | 84441 |
| iron pin, said iron pin being the true point of beginning; thence | 84442 |
| North 48º-06'-00" East a distance of four hundred twenty-nine and | 84443 |
| ten hundredths (429.10) feet to an iron pin; thence South | 84444 |
| 41º-54'00" East a distance of one hundred fifty and thirty-nine | 84445 |
| hundredths (150.39) feet to an iron pin, said iron pin being on | 84446 |
| the northerly right-of-way line of South Jackson Street; thence | 84447 |
| North 46º-52'00" East along said northerly right-of-way line a | 84448 |
| distance of one hundred ninety-one and twenty seven hundredths | 84449 |
| (191.27) feet to an iron pin; thence North 16º-58'00" West a | 84450 |
| distance of three hundred ninety-two and one hundredths (392.01) | 84451 |
| feet to an iron pin; thence North 19º-56'-00" West a distance one | 84452 |
| hundred ninety-one and sixty-five hundredths (191.65) feet to an | 84453 |
| iron pin; thence North 00º-57'-00" West a distance of one hundred | 84454 |
| four and no hundredths (104.00) feet to an iron pin; thence North | 84455 |
| 21º-23'-00" West a distance of three hundred forty-six and | 84456 |
| twenty-five hundredths (346.25) feet to an iron pin, said point | 84457 |
| being on the southerly right-of-way line of the Norfolk and | 84458 |
| Western Railroad right-of-way line, being a curve 0º-30'-00" | 84459 |
| right, South 68º-25'-15" West, a cord distance of four hundred | 84460 |
| seventy-nine and seventy-four hundredths (479.74) feet to an iron | 84461 |
| pipe; thence leaving the said southerly Norfolk and Western | 84462 |
| Railroad right-of-way line, South 2º-39'-00" West, a distance of | 84463 |
| eight hundred fifty and eighty-six hundredths (850.86) feet to an | 84464 |
| iron pipe; thence South 41º-54'-00" East a distance of three | 84465 |
| hundred fifty and two hundredths (350.02) feet to the above | 84466 |
| mentioned true point of beginning. It being the intent of this | 84467 |
| instrument to convey jurisdiction of that portion of land which is | 84468 |
| presently occupied by the city of Defiance – Parks Department, and | 84469 |
| containing fifteen and thirty-two hundredths (15.32) acres more or | 84470 |
| less, subject to existing easements, restrictions and right-of-way | 84471 |
| of record. | 84472 |
| Being part of Tax I.D. Parcel No. B110027001601. | 84473 |
| Note: All bearings used herein are assumed for descriptive | 84474 |
| purposes only and are not referenced to true or magnetic North. | 84475 |
| (B) Consideration for conveyance of the real estate shall be | 84476 |
| $90,000, as derived by mutual agreement reached between the state | 84477 |
| and the grantee through an executed Offer to Purchase. Of this | 84478 |
| amount, $20,000 shall be paid at closing and transfer of title, | 84479 |
| and $70,000 shall be credited at closing for tenant improvements | 84480 |
| the grantee has made to the real estate. | 84481 |
| (C) The real estate shall be sold as an entire tract and not | 84482 |
| in parcels. | 84483 |
| (D) Prior to the execution of the deed, possession of the | 84484 |
| real estate shall be governed by an existing interim lease between | 84485 |
| the Department of Administrative Services and the grantee. | 84486 |
| (E) The grantee shall pay the costs of the conveyance, | 84487 |
| including recordation costs of the deed. | 84488 |
| (F) Upon payment of the purchase price, the Auditor of State, | 84489 |
| with the assistance of the Attorney General, shall prepare a deed | 84490 |
| to the real estate. The deed shall state the consideration. The | 84491 |
| deed be executed by the Governor in the name of the state, | 84492 |
| countersigned by the Secretary of State, sealed with the Great | 84493 |
| Seal of the State, presented in the Office of the Auditor of State | 84494 |
| for recording, and delivered to the grantee. The grantee shall | 84495 |
| present the deed for recording in the Office of the Defiance | 84496 |
| County Recorder. | 84497 |
| (G) The net proceeds of the sale of the real estate shall be | 84498 |
| deposited in the state treasury to the credit of the Armory | 84499 |
| Improvements Fund pursuant to section 5911.10 of the Revised Code. | 84500 |
| (H) This section expires one year after its effective date. | 84501 |
| Section 753.30. (A) The Governor is authorized to execute a | 84502 |
| deed in the name of the state conveying to the Spanish War Veteran | 84503 |
| Association (the "grantee"), Erie County, Ohio, and its successors | 84504 |
| and assigns, all of the state's right, title, and interest in the | 84505 |
| following described real estate: | 84506 |
| Situated in the Third Section of Vermilion Township, County of | 84507 |
| Erie and State of Ohio: | 84508 |
| Being a part of Lot. No. 33 in the Third Section of Vermilion | 84509 |
| Township, Erie County, Ohio, lying north of the Cleveland-Sandusky | 84510 |
| Road and more fully described as follows: | 84511 |
| Beginning at a point in the center line of the Cleveland-Sandusky | 84512 |
| Road (I.C.H. No. 3) said point being 137 feet westerly from the | 84513 |
| intersection of said Cleveland-Sandusky Road and the east line of | 84514 |
| Lot No. 33; | 84515 |
| Thence westerly along the center line extended of the said | 84516 |
| Cleveland-Sandusky Road 263 feet to a point; | 84517 |
| Thence in a northwesterly direction along a line at right angles | 84518 |
| to the said center line extended of the said Cleveland-Sandusky | 84519 |
| Road 243 feet to a point in the waters of Lake Erie; | 84520 |
| Thence in an easterly direction and parallel to the said center | 84521 |
| line of the Cleveland-Sandusky Road to a point in the waters of | 84522 |
| Lake Erie; | 84523 |
| Thence southerly along a line parallel to the east line of Lot No. | 84524 |
| 33 to the place of beginning, excepting the south 81.6 feet as | 84525 |
| measured at right angles from the center line of the | 84526 |
| Cleveland-Sandusky Road. | 84527 |
| Parcel No.: 12-61002.000 | 84528 |
| The Director of Administrative Services may adjust the legal | 84529 |
| description to accommodate any corrections necessary to facilitate | 84530 |
| recordation of the deed. | 84531 |
| (B) Consideration for conveyance of the real estate is the | 84532 |
| purchase price of $10. | 84533 |
| (C) The real estate was originally conveyed to the state of | 84534 |
| Ohio in 1934 to qualify for a federal Works Projects | 84535 |
| Administration erosion and tidal wave mediation project. Once the | 84536 |
| construction project was completed, the state was to have returned | 84537 |
| title to this property to the Spanish War Veteran Association. The | 84538 |
| intent of this section is to correct this oversight. | 84539 |
| (D) The grantee shall pay all costs associated with the | 84540 |
| conveyance, including recordation costs of the deed. | 84541 |
| (E) Upon payment of the purchase price, the Auditor of State, | 84542 |
| with the assistance of the Attorney General, shall prepare a deed | 84543 |
| to the real estate. The deed shall state the consideration. The | 84544 |
| deed shall be executed by the Governor in the name of the state, | 84545 |
| countersigned by the Secretary of State, sealed with the Great | 84546 |
| Seal of the State, presented in the Office of the Auditor of State | 84547 |
| for recording, and delivered to the grantee. The grantee shall | 84548 |
| present the deed for recording in the Office of the Erie County | 84549 |
| Recorder. | 84550 |
| (F) This section expires one year after its effective date. | 84551 |
| Section 753.40. (A) The Governor is authorized to execute a | 84552 |
| deed in the name of the state conveying to a buyer or buyers to be | 84553 |
| determined in the manner provided in this section, all of the | 84554 |
| state's right, title and interest in the following described real | 84555 |
| estate that the Director of Administrative Services has determined | 84556 |
| is no longer required for state purposes: | 84557 |
| Situated in the Village of Apple Creek, Township of East Union, | 84558 |
| County of Wayne and State of Ohio and being known as a part of Out | 84559 |
| Lot Fourteen (14) as platted in Plat Volume 1, Pages 280 – 285 and | 84560 |
| more fully described as follows: | 84561 |
| Beginning at a stone at the northeasterly comer of Lot No. 91 as | 84562 |
| platted in Plat Vol. 1, Page 280, said point being at a bend in | 84563 |
| Grange Street, according to the plat of the Village of Apple Creek | 84564 |
| and also on the westerly line of lands owned by the State of Ohio; | 84565 |
| 1. thence North 45° 00' 00"West along northerly line of | 84566 |
| Grange Street 85.20 feet to an iron pin; | 84567 |
| 2. thence North 45° 00' 00" East 221.76 feet to an iron pin; | 84568 |
| 3. thence North 81° 55' 00" East 232.38 feet to an iron pin; | 84569 |
| 4. thence South 08° 05' 00" East 350.00 feet to an iron pin; | 84570 |
| 5. thence South 81° 55' 00" West along the Northerly line of | 84571 |
| O. L. 15, 285.00 feet to a point, referenced by an iron pin North | 84572 |
| 81° 55' 00" East 4.00 feet; | 84573 |
| 6. thence North 34° 23' 24" West along the easterly line of | 84574 |
| Lot No. 91 and the westerly line of lands owned by the State of | 84575 |
| Ohio 165.86 feet to the place of beginning and containing 2.68 | 84576 |
| acres, more or less. | 84577 |
| See survey "DD"-492 | 84578 |
| The real property described above is conveyed subject to all | 84579 |
| easements, covenants, conditions and restrictions of record; all | 84580 |
| legal highways; zoning, building and other laws, ordinances and | 84581 |
| regulations; and real estate taxes and assessments not yet due and | 84582 |
| payable. | 84583 |
| Tax Parcel Number: 28-00467.000 Prior Instrument Reference: | 84584 |
| Official Record 623, Page 1611 of the Wayne County Records. | 84585 |
| The Director of Administrative Services may adjust the legal | 84586 |
| description to accommodate any corrections deemed necessary to | 84587 |
| facilitate recordation of the deed. | 84588 |
| (B) The Director of Administrative Services shall offer the | 84589 |
| real estate, and the improvements and chattels located on the real | 84590 |
| estate, for sale "as is" in its present condition according to the | 84591 |
| following process: | 84592 |
| (1) The real estate shall be sold as an entire parcel and not | 84593 |
| subdivided. | 84594 |
| (2) The Director of Administrative Services shall conduct a | 84595 |
| public auction and the real estate shall be sold to the highest | 84596 |
| bidder at a price acceptable to both the Director of | 84597 |
| Administrative Services and the Director of Developmental | 84598 |
| Disabilities. | 84599 |
| The Director of Administrative Services shall advertise the | 84600 |
| public auction in a newspaper of general circulation within Wayne | 84601 |
| County, once a week for three consecutive weeks prior to the date | 84602 |
| of the auction. | 84603 |
| The Director of Administrative Services may reject any and | 84604 |
| all bids from the public auction. | 84605 |
| The terms of sale shall be ten per cent of the purchase price | 84606 |
| in cash, bank draft, or certified check on the date of sale, with | 84607 |
| the balance payable within sixty days after the date of sale. A | 84608 |
| purchaser who does not complete the conditions of the sale shall | 84609 |
| forfeit the ten per cent of the purchase price presented at the | 84610 |
| time of sale to the state as liquidated damages. Should a | 84611 |
| purchaser not complete the conditions of sale, the Director of | 84612 |
| Administrative Services may accept the next highest bid by | 84613 |
| collecting ten per cent of the revised purchase price from that | 84614 |
| bidder and proceed to close the sale, so long as the secondary bid | 84615 |
| meets all other criteria provided for in this division. | 84616 |
| (3) Advertising costs, appraisal fees, and other costs | 84617 |
| incident to the conveyance shall be paid by the Department of | 84618 |
| Developmental Disabilities. | 84619 |
| (C) Upon notice from the Director of Administrative Services | 84620 |
| that the real estate has been sold, the Auditor of State, with the | 84621 |
| assistance of the Attorney General, shall prepare a deed to the | 84622 |
| real estate, conveying it to the purchaser identified by the | 84623 |
| Director of Administrative Services. The deed shall be executed by | 84624 |
| the Governor, countersigned by the Secretary of State, presented | 84625 |
| in the Office of the Auditor of State for recording, and delivered | 84626 |
| to the grantee at closing and upon the grantee's payment of the | 84627 |
| balance of the purchase price. The grantee shall present the deed | 84628 |
| for recording in the Wayne County Recorder's Office. | 84629 |
| (D) The net proceeds of the sale of the real estate shall be | 84630 |
| deposited in the state treasury to the credit of the Mental Health | 84631 |
| Improvement Fund to offset bond indebtedness for Gallipolis | 84632 |
| Developmental Center capital projects. | 84633 |
| (E) This section expires three years after its effective | 84634 |
| date. | 84635 |
| Section 753.50. (A) The Governor is authorized to execute a | 84636 |
| deed in the name of the state conveying to the Board of County | 84637 |
| Commissioners of Guernsey County, Ohio (the "grantee"), and its | 84638 |
| successors and assigns, all of the State's right, title, and | 84639 |
| interest in the following described real estate: | 84640 |
| Situated in the State of Ohio, County of Guernsey, Township of | 84641 |
| Cambridge, and being a part of the Northwest Quarter of Section 3, | 84642 |
| Township 2, Range 3, of the United States Military Lands, and | 84643 |
| being a part of a 256.55 Acre parcel as conveyed to The State of | 84644 |
| Ohio by deed of record in Deed Volume 215, Page 522, and being a | 84645 |
| part of parcel number 02-03838.000, all references being to those | 84646 |
| of record in the Recorder's Office in Guernsey County, Ohio. The | 84647 |
| 1.07 Acre parcel being more particularly bounded and described as | 84648 |
| follows: | 84649 |
| Commencing at a mag nail found marking the Southwest Corner of the | 84650 |
| Northwest Quarter of Section 3, and also being the centerline | 84651 |
| intersection of Oldham Road and Lalakus Drive. | 84652 |
| Thence North 1°53'49" East, 1281.16 Feet along the centerline of | 84653 |
| Lalakus Drive to an iron pin found (5/8" rebar with yellow cap | 84654 |
| labeled "WARD 7356"), marking the point of intersection of Lalakus | 84655 |
| Drive and Toland Drive. | 84656 |
| Thence South 88°37'29" East, 825.61 Feet along the centerline of | 84657 |
| Toland Drive to a point. | 84658 |
| Thence South 1°22'31" West, 40.00 Feet to an iron pin set on the | 84659 |
| southerly right-of-way line of Toland Drive and being the Point of | 84660 |
| Beginning for the herein described 1.07 Acre Parcel. | 84661 |
| Thence South 88°37'29" East, 223.20 Feet along the southerly | 84662 |
| right-of-way line of Toland Drive to an iron pin set. | 84663 |
| Thence across the said 256.55 Acre State of Ohio parcel the | 84664 |
| following five courses and distances: | 84665 |
| South 2°34'59" West, 218.95 Feet to an iron pin set. | 84666 |
| North 88°40'03" West, 217.05 Feet to an iron pin set. | 84667 |
| North 10°05'12" East, 136.85 Feet to an iron pin set. | 84668 |
| Northwesterly with a curve to the right bearing North | 84669 |
| 30°43'34" West, 44.64 Feet, with a radius of 40.00 Feet, and a Arc | 84670 |
| Length of 47.36 Feet, to an iron pin set. | 84671 |
| North 3°11'34" East, 45.99 Feet to the Point of Beginning and | 84672 |
| containing 1.07 Acres more or less according to a field survey | 84673 |
| made by the Department of Administrative Services General Services | 84674 |
| Division, Office of Real Estate and Planning, during September of | 84675 |
| 2009. | 84676 |
| Subject however to all legal easements and or rights-of-way if any | 84677 |
| of public record. All iron pins set are 5/8" rebar 30" in length | 84678 |
| with an orange I.D. Cap labeled "BLAINE 7830". | 84679 |
| The Director of Administrative Services may adjust the legal | 84680 |
| description to accommodate any corrections necessary to facilitate | 84681 |
| recordation of the deed. | 84682 |
| (B) Consideration for conveyance of the real estate shall be | 84683 |
| $5,000 paid to the state at closing according to a mutual | 84684 |
| agreement reached between the state and the grantee through an | 84685 |
| executed Offer to Purchase. | 84686 |
| (C) The real estate shall be sold as an entire tract and not | 84687 |
| in parcels. | 84688 |
| (D) The grantee shall pay the costs of the conveyance, | 84689 |
| including recordation costs of the deed. | 84690 |
| (E) Prior to the execution of the deed, possession of the | 84691 |
| real estate shall be governed by an existing interim lease between | 84692 |
| the Department of Administrative Services and the grantee. | 84693 |
| (F) Upon payment of the purchase price, the Auditor of State, | 84694 |
| with the assistance of the Attorney General, shall prepare a deed | 84695 |
| to the real estate. The deed shall state the consideration. The | 84696 |
| deed shall be executed by the Governor in the name of the state, | 84697 |
| countersigned by the Secretary of State, sealed with the Great | 84698 |
| Seal of the State, presented in the Office of the Auditor of State | 84699 |
| for recording, and delivered to the grantee. The grantee shall | 84700 |
| present the deed for recording in the Office of the Guernsey | 84701 |
| County Recorder. | 84702 |
| (G) This section expires one year after its effective date. | 84703 |
| Section 753.60. (A) The Governor is authorized to execute a | 84704 |
| deed in the name of the state conveying to a buyer or buyers to be | 84705 |
| determined in the manner provided in this section, all of the | 84706 |
| state's right, title, and interest in the following described real | 84707 |
| estate that the Director of Administrative Services has determined | 84708 |
| is no longer required for state purposes: | 84709 |
| Situated in the State of Ohio County of Gallia, Township of | 84710 |
| Addison, being in Section 13, Town 4 N, Range 14 W, Ohio Company | 84711 |
| Purchase. Being part of that parcel of land described in Volume | 84712 |
| 180 Page 825, conveyed to the State of Ohio, and being more | 84713 |
| particularly described as follows: | 84714 |
| Commencing at a Concrete Monument found at centerline station | 84715 |
| 933+36.19, said monument and stationing referenced to right of way | 84716 |
| plan Gal-35-13.45; | 84717 |
| thence S 86°42' 42" W along a random line a distance of 185.72 | 84718 |
| feet to an iron pin set in the existing right of way line of S.R. | 84719 |
| 735 at 120.00 feet left of centerline station 931+95.16, and being | 84720 |
| the Grantors south east comer, said point being the True Place of | 84721 |
| Beginning; | 84722 |
| thence leaving said right of way line and along the Grantors | 84723 |
| southerly property line N 87° 24' 01" W (passing an iron pin found | 84724 |
| "Lambert" at 2.92 feet) a total distance of 403.54 feet to an iron | 84725 |
| pin set; | 84726 |
| thence leaving said Grantors southerly property line the following | 84727 |
| nine courses: | 84728 |
| 1) N 02° 37' 33" E a distance of 14.43 feet to an iron pin | 84729 |
| set; | 84730 |
| 2) N 82° 15' 08" W a distance of 52.52 feet to an iron pin | 84731 |
| set; | 84732 |
| 3) N 64° 14' 07"W a distance of 103.83 feet to an iron pin | 84733 |
| set; | 84734 |
| 4) N 75° 59' 40" W a distance of 108.67 feet to an iron pin | 84735 |
| set; | 84736 |
| 5) N 83° 14' 38" W a distance of 109.48 feet to an iron pin | 84737 |
| set; | 84738 |
| 6) N 88° 17' 52" W a distance of 105.23 feet to an iron pin | 84739 |
| set; | 84740 |
| 7) S 88° 24' 56" W a distance of 100.13 feet to an iron pin | 84741 |
| set; | 84742 |
| 8) N 89° 31' 31" W a distance of 271.48 feet to an iron pin | 84743 |
| set; | 84744 |
| 9) S 86° 28' 30" W a distance of 170.51 feet to an iron pin | 84745 |
| set on the Grantors westerly property line; | 84746 |
| thence along the Grantors westerly property line N 19° 29' 41 " E | 84747 |
| a distance of 378.98 feet to an iron pin found; | 84748 |
| thence along the Grantors northerly property line S 87° 20' 08" E | 84749 |
| (passing an iron pin found at 670.77 feet and an iron pin set at | 84750 |
| 1603.75 feet) a total distance of 1702.02 feet to centerline | 84751 |
| station 937+47.45, 156.21 feet left, said point also being on the | 84752 |
| existing right of way line of State Route 735; | 84753 |
| thence along said existing right of way line, also being the | 84754 |
| Grantors easterly property line S 60° 58' 53" W a distance of | 84755 |
| 12.57 feet to centerline station 937+36.19, 157.62 feet left; | 84756 |
| thence along said existing right of way line S 46° 19' 04" W | 84757 |
| (passing an iron pin set at 203.63 feet) a total distance of | 84758 |
| 421.16 feet to an iron pin set; | 84759 |
| thence along said existing right of way line S 46° 19' 02'1 W a | 84760 |
| distance of 141.03 to the Place of Beginning. The above described | 84761 |
| area of 13.240 acres, including the present road which occupies | 84762 |
| 0.00 acres is contained with Auditor's Parcel No. 002-355-192-00 | 84763 |
| which contains 14.860 acres more or less. | 84764 |
| This description is prepared under the direction and supervision | 84765 |
| of Ronald F. Riser, Ohio Professional Surveyor No. S-7093_ for the | 84766 |
| Ohio Department of Transportation, and is based on a survey | 84767 |
| performed by The Ohio Department of Transportation in 2008. | 84768 |
| Subject to all legal easements and rights of way. All iron pins | 84769 |
| set are 5/8" x 30" with an attached plastic identification cap. | 84770 |
| (ODOT District 10). Grantor claims title by instrument(s) recorded | 84771 |
| in Volume 180, Page 825, in the Gallia County Recorder's Office. | 84772 |
| The bearings are based on the State Plane Coordinate System Ohio | 84773 |
| South, NAD 83 (NSRS2007). | 84774 |
| The Director of Administrative Services may adjust the legal | 84775 |
| description to accommodate any corrections necessary to facilitate | 84776 |
| recordation of the deed. | 84777 |
| (B) The Director of Administrative Services shall offer the | 84778 |
| real estate, and the improvements and chattels located on the | 84779 |
| parcel, for sale "as is" in its present condition according to the | 84780 |
| following process: | 84781 |
| (1) The real estate shall be sold as an entire parcel and not | 84782 |
| subdivided. | 84783 |
| (2) The Department of Developmental Disabilities, with the | 84784 |
| assistance of the Department of Administrative Services, shall | 84785 |
| have the parcel appraised by one or more disinterested persons for | 84786 |
| a fee to be determined by and paid by the Department of | 84787 |
| Developmental Disabilities. The Director of Administrative | 84788 |
| Services shall then offer the real estate at the appraised value | 84789 |
| to the Board of County Commissioners of Gallia County. | 84790 |
| (3) Acceptance of an offer to purchase the real estate shall | 84791 |
| be made by executing a document entitled "Offer to Purchase Real | 84792 |
| Estate" and delivering it to the Director of Administrative | 84793 |
| Services. The document shall establish the terms of the | 84794 |
| conveyance. | 84795 |
| (4) If, after thirty days, the Board of County Commissioners | 84796 |
| of Gallia County has declined the offer to purchase the real | 84797 |
| estate at the appraised value, or if the Board of County | 84798 |
| Commissioners of Gallia County has accepted the offer but has | 84799 |
| failed to complete the purchase, the Director of Administrative | 84800 |
| Services shall offer the real estate at the appraised value to the | 84801 |
| Board of Township Trustees of Addison Township. | 84802 |
| (5) If, after thirty days, the Board of Township Trustees of | 84803 |
| Addison Township has declined the offer to purchase the real | 84804 |
| estate at the appraised value, or if the Board of Township | 84805 |
| Trustees of Addison Township has accepted the offer but has failed | 84806 |
| to complete the purchase, the Director of Administrative Services | 84807 |
| shall conduct a public auction and the real estate shall be sold | 84808 |
| to the highest bidder at a price acceptable to both the Director | 84809 |
| of Administrative Services and the Director of Developmental | 84810 |
| Disabilities. | 84811 |
| The Director of Administrative Services shall advertise the | 84812 |
| public auction in a newspaper of general circulation within Gallia | 84813 |
| County, once a week for three consecutive weeks prior to the date | 84814 |
| of the auction. | 84815 |
| The Director of Administrative Services may reject any and | 84816 |
| all bids from the public auction. | 84817 |
| The terms of sale shall be ten per cent of the purchase price | 84818 |
| in cash, bank draft, or certified check on the date of sale, with | 84819 |
| the balance payable within sixty days after the date of sale. A | 84820 |
| purchaser who does not complete the conditions of the sale shall | 84821 |
| forfeit the ten per cent of the purchase price presented at the | 84822 |
| time of sale to the state as liquidated damages. Should a | 84823 |
| purchaser not complete the conditions of sale, the Director of | 84824 |
| Administrative Services may accept the next highest bid by | 84825 |
| collecting ten per cent of the revised purchase price from that | 84826 |
| bidder and proceed to close the sale, so long as the secondary bid | 84827 |
| meets all other criteria provided for in this section. | 84828 |
| (6) Advertising costs, appraisal fees, and other costs | 84829 |
| incident to the conveyance shall be paid by the Department of | 84830 |
| Developmental Disabilities. | 84831 |
| (C) Upon notice from the Director of Administrative Services | 84832 |
| that real estate has been sold, the Auditor of State, with the | 84833 |
| assistance of the Attorney General, shall prepare a deed to the | 84834 |
| real estate, conveying it to the purchaser identified by the | 84835 |
| Director of Administrative Services. The deed shall state the | 84836 |
| consideration. The deed shall be executed by the Governor in the | 84837 |
| name of the state, countersigned by the Secretary of State, sealed | 84838 |
| with the Great Seal of the State, presented in the Office of the | 84839 |
| Auditor of State for recording, and delivered to the grantee at | 84840 |
| closing and upon the grantee's payment of the balance of the | 84841 |
| purchase price. The grantee shall present the deed for recording | 84842 |
| in the Gallia County Recorder's Office. | 84843 |
| (D) The net proceeds of the sale of the real estate shall be | 84844 |
| deposited in the state treasury to the credit of the Mental Health | 84845 |
| Improvement Fund (Fund 33) to offset bonded indebtedness for | 84846 |
| Gallipolis Developmental Center capital projects. | 84847 |
| (E) This section expires three years after its effective | 84848 |
| date. | 84849 |
| Section 753.70. (A) The Governor is authorized to execute a | 84850 |
| deed in the name of the state conveying to the Board of Education | 84851 |
| of the Columbus City School District (the "grantee"), and its | 84852 |
| successors and assigns, all of the state's right, title, and | 84853 |
| interest in the following described real estate: | 84854 |
| Situated in the State of Ohio, County of Franklin, City of | 84855 |
| Columbus, being in Virginia Military Survey Numbers 1393 and 2668 | 84856 |
| residual portion of 130 acres conveyed to the State of Ohio per | 84857 |
| Deed Book 82, Page 582, all references being recorded in the | 84858 |
| Franklin County Ohio Recorder's Office, and being more | 84859 |
| particularly described as follows: | 84860 |
| Commencing for reference at a 5/8" iron pipe found undisturbed on | 84861 |
| the southeast corner of a 10.767 acre tract conveyed to the Board | 84862 |
| of Education of the City of Columbus School District per Inst. | 84863 |
| #200701290017021, and being on the westerly right of way line of | 84864 |
| South Central Ave.(60') as depicted on the Subdivision of M.L. | 84865 |
| Sullivants Land in Plat Book 11, Page 21, said pipe also being | 84866 |
| South 08°28'47" East 850.11 feet from an 5/8" iron pipe found | 84867 |
| undisturbed on the southeast corner of Lot #1 of Franklinton | 84868 |
| Square per Plat Book 67 Page 17, thence along the south line of | 84869 |
| said 10.767 acre tract South 81°33 15" West 20.00 feet to an iron | 84870 |
| pin set and being the TRUE POINT OF BEGINNING for the parcel | 84871 |
| herein conveyed; | 84872 |
| Thence passing through said residual State of Ohio land, South | 84873 |
| 08°28'47" East a distance of 30.00 feet to a railroad spike set on | 84874 |
| the north line of a 3.00 acre tract of land conveyed to Netcare | 84875 |
| Corporation per Official Record Vol. 9563 Pg. I07; | 84876 |
| Thence along said north line, the north line of a 9.796 acre tract | 84877 |
| conveyed to the Board of Commissioners of Franklin County, Ohio | 84878 |
| per Official Record Vol. 15066 Pg. A13, and along the south line | 84879 |
| of a 30 foot strip of said residual State of Ohio land, South | 84880 |
| 81°33 '15" West a distance of 1039.08 feet, passing the northwest | 84881 |
| corner of said 3.00 acre tract at 242.03 feet, to an iron pin set | 84882 |
| on the northwest corner of said 9.796 acre tract, and on the east | 84883 |
| Limited Access Right of Way line of I-70 as shown on ODOT right of | 84884 |
| way plan FRA-70-10.36S acquired per Deed Book 3160 Page 668; | 84885 |
| Thence along said Limited Access Right of Way line, North 28° | 84886 |
| 15'14" West a distance of 31.89 feet to an iron pin set on the | 84887 |
| southwest corner of a 4.250 acre tract of land conveyed to AUM 99 | 84888 |
| LLC per Inst. #200910060144358 (also being Lot No. 10 of said | 84889 |
| Franklinton Square); | 84890 |
| Thence along the south line of said 4.250 acre tract, and the | 84891 |
| north line of said residual State of Ohio land, North 81°33' 15" | 84892 |
| East a distance of 1049.87 feet, passing the southwest corner of | 84893 |
| said 10.767 acre tract at 220.17 feet, to the TRUE POINT OF | 84894 |
| BEGINNING and containing 0.719 acres more or less. | 84895 |
| The above description was prepared by Korda/Nemeth Engineering, | 84896 |
| Inc. from field and record observations made March 21, 2011 under | 84897 |
| the direction and supervision of Nathan W. Anderson, Ohio | 84898 |
| Registered Surveyor No. 8322. | 84899 |
| The basis of bearings of this description is based on the westerly | 84900 |
| line of South Central Avenue being South 08°28'47" East as | 84901 |
| referenced in the deed to the Board of Education of the City of | 84902 |
| Columbus School District, per Inst. # 200701290017021, Recorder's | 84903 |
| Office, Franklin County, Ohio. | 84904 |
| Monuments referred to as iron pins set will be 5/8 inch diameter x | 84905 |
| 30 inches long capped iron bars inscribed "KNE 8322". | 84906 |
| The Department of Administrative Services may adjust the | 84907 |
| legal description to accommodate any corrections necessary to | 84908 |
| facilitate recordation of the deed. | 84909 |
| (B) Consideration for conveyance of the real estate shall be | 84910 |
| $3,131.96, as derived by mutual agreement reached between the | 84911 |
| Department of Administrative Services and the grantee through an | 84912 |
| executed Offer to Purchase. The consideration shall be paid to | 84913 |
| state at closing. | 84914 |
| (C) The real estate shall be sold as an entire tract and not | 84915 |
| in parcels. | 84916 |
| (D) Prior to the execution of the deed, possession of the | 84917 |
| real estate shall be governed by an interim lease between the | 84918 |
| Department of Administrative Services and the grantee. | 84919 |
| (E) The net proceeds of the sale of the real estate shall be | 84920 |
| deposited into the state treasury to the credit of the Department | 84921 |
| of Developmental Disabilities Fund 1520 (sale of Town Street | 84922 |
| Extension). | 84923 |
| (F) The grantee shall pay the costs of the conveyance, | 84924 |
| including recordation costs of the deed. | 84925 |
| (G) The Auditor of State, with the assistance of the Attorney | 84926 |
| General, shall prepare a deed to the real estate. The deed shall | 84927 |
| state the consideration. The deed shall be executed by the | 84928 |
| Governor in the name of the state, countersigned by the Secretary | 84929 |
| of State, sealed with the Great Seal of the State, presented in | 84930 |
| the Office of the Auditor of State for recording, and delivered to | 84931 |
| the grantee. The grantee shall present the deed for recording in | 84932 |
| the Office of the Franklin County Recorder. | 84933 |
| (H) This section expires one year after its effective date. | 84934 |
| Section 753.80. (A) The Director of Administrative Services | 84935 |
| is authorized to execute a perpetual easement in the name of the | 84936 |
| state, granting to the City of Cambridge, and its successors and | 84937 |
| assigns, a perpetual interest in the following described real | 84938 |
| estate (hereinafter referred to as the "Easement Area"): | 84939 |
| 84940 | |
| 84941 | |
| 84942 | |
| Situated in the State of Ohio, County of Guernsey, Township | 84943 |
| of Cambridge, and being a part of the northwest Quarter of Section | 84944 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 84945 |
| Deed Volume 215, Page 522, all references being to those of record | 84946 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.390 Acre | 84947 |
| Waterline easement being more particularly bounded and described | 84948 |
| as follows. | 84949 |
| Commencing at the southwest corner of the northwest quarter | 84950 |
| of Section 3, and the centerline intersection of Oldham Road and | 84951 |
| Lakakus Road. | 84952 |
| Thence South 89°12'53" East, 40.00 Feet along the centerline | 84953 |
| of Oldham Road to a point. | 84954 |
| Thence North 1°19'03" East, 40.00 Feet to the intersection of | 84955 |
| the northerly right-of-way line of Oldham Road and the easterly | 84956 |
| right-of-way line of Lalakus Road, and being the Point of | 84957 |
| Beginning for the herein described 0.390 Acre waterline easement. | 84958 |
| Thence North 1°19'03" East, 1178.58 Feet along the easterly | 84959 |
| right-of-way line of Lalakus Road to a point of curvature of a | 84960 |
| curve to the right. | 84961 |
| Thence with a curve to the right bearing North 25°15'27" | 84962 |
| East, 18.43 Feet with a radius of 22.78 Feet, and a Arc Length of | 84963 |
| 19.03 Feet, to a point. | 84964 |
| Thence across the said State of Ohio parcel the following six | 84965 |
| courses and distances: | 84966 |
| South 1°19'03" West, 217.07 Feet to a point. | 84967 |
| North 88°59'19" East, 149.30 Feet to a point. | 84968 |
| North 0°47'07" East, 74.72 Feet to a point. | 84969 |
| South 89°12'53" East, 15.00 Feet to a point. | 84970 |
| South 0°47'07" West, 74.25 Feet to a point. | 84971 |
| North 88°59'19" East, 23.25 Feet to a point on the westerly | 84972 |
| line of a 26.32 Acre State of Ohio parcel, known as Parcel One. | 84973 |
| Thence South 0°32'51" West, 81.04 Feet along the westerly | 84974 |
| line of the said 26.32 Acre State of Ohio parcel to a point. | 84975 |
| Thence across the said State of Ohio parcel the following | 84976 |
| nine courses and distances: | 84977 |
| North 89°12'53" West, 7.65 Feet to a point. | 84978 |
| North 0°56'21' East, 65.81 Feet to a point. | 84979 |
| South 88°59'19" West, 123.29 Feet to a point. | 84980 |
| South 0°47'07" West, 54.06 Feet to a point. | 84981 |
| North 89°12'53" West, 15.00 Feet to a point. | 84982 |
| North 0°47'07" East, 53.59 Feet to a point. | 84983 |
| South 88°59'19" West, 42.07 Feet to a point. | 84984 |
| South 1°19'03" West, 249.09 Feet to a point. | 84985 |
| South 89°16'17" East, 187.68 Feet to a point on the westerly | 84986 |
| line o the said 26.32 Ace State of Ohio parcel. | 84987 |
| Thence South 1°19'14" West, 15.00 Feet along the westerly | 84988 |
| line of the said 26.32 Acre State of Ohio parcel to a point. | 84989 |
| Thence North 89°16'17" West, 187.73 Feet across the said | 84990 |
| State of Ohio parcel to a point. | 84991 |
| Thence South 1°19'03" West, 699.22 Feet across the said State | 84992 |
| of Ohio parcel to a point on the northerly right-of-way line | 84993 |
| Oldham Road. | 84994 |
| Thence North 89°12'53" West, 7.50 Feet along the northerly | 84995 |
| right-of-way line of Oldham Road to the Point of Beginning and | 84996 |
| containing 0.390 Acres more or less according to a field survey | 84997 |
| made by the Department of Administrative Services, General | 84998 |
| Services Division, Office of Real Estate and Planning, during | 84999 |
| February of 2009. | 85000 |
| Subject however to all legal easements and or rights-of-way | 85001 |
| if any of public record. | 85002 |
| The bearings in the above description are based upon a survey | 85003 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85004 |
| 10-21-08. | 85005 |
| 85006 | |
| 85007 | |
| 85008 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85009 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85010 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85011 |
| Deed Volume 215, Page 522, all references being to those of record | 85012 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.201 Acre | 85013 |
| Waterline easement being more particularly bounded and described | 85014 |
| as follows. | 85015 |
| Commencing at the southwest corner of the northwest quarter | 85016 |
| of Section 3, and the centerline intersection of Oldham Road and | 85017 |
| Lakakus Road. | 85018 |
| Thence South 89°12'53" East, 237.34 Feet along the centerline | 85019 |
| of Oldham Road to a point. | 85020 |
| Thence North 1°09'14" East, 40.00 Feet to the northerly | 85021 |
| right-of-way line of Oldham Road and being the Point of beginning | 85022 |
| for the herein described 0.201 Acre waterline easement. | 85023 |
| Thence across the said State of Ohio parcel the following | 85024 |
| fourteen courses and distances: | 85025 |
| North 1°09'14" East, 334.58 Feet to a point. | 85026 |
| South 90°00'00" West, 33.54 Feet to a point. | 85027 |
| North 00°00'00" East, 15.00 Feet to a point. | 85028 |
| North 90°00'00" East, 33.84 Feet to a point. | 85029 |
| North 1°09'14" East, 148.49 Feet to a point. | 85030 |
| North 89°47'35" West, 188.33 Feet to a point. | 85031 |
| North 1°19'03" East, 15.00 Feet to a point. | 85032 |
| South 89°47'35" East, 58.39 Feet to a point. | 85033 |
| North 0°47'07" East, 19.41 Feet to a point. | 85034 |
| South 89°12'53" East, 15.00 Feet to a point. | 85035 |
| South 0°47'07" West, 19.26 Feet to a point. | 85036 |
| South 89°47'35" East, 114.89 Feet to a point. | 85037 |
| North 1°09'14" East, 216.88 Feet to a point. | 85038 |
| South 89°27'09" East, 3.19 Feet to a point on the westerly | 85039 |
| line of a 26.32 Acre State of Ohio parcel, known as Parcel One. | 85040 |
| Thence South 0°32'51" West, 729.95 Feet along the westerly | 85041 |
| line of the said 26.32 Acre State of Ohio parcel to a point. | 85042 |
| Thence North 89°12'53" West, 10.92 Feet along the northerly | 85043 |
| right-of-way line of Oldham Road to the Point of Beginning and | 85044 |
| containing 0.390 Acres more or less according to a field survey | 85045 |
| made by the Department of Administrative Services, General | 85046 |
| Services Division, Office of Real Estate and Planning, during | 85047 |
| February of 2009. | 85048 |
| Subject however to all legal easements and or rights-of-way | 85049 |
| if any of public record. | 85050 |
| The bearings in the above description are based upon a survey | 85051 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85052 |
| 10-21-08. | 85053 |
| 85054 | |
| 85055 | |
| 85056 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85057 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85058 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85059 |
| Deed Volume 215, Page 522, all references being to those of record | 85060 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.018 Acre | 85061 |
| Waterline easement being more particularly bounded and described | 85062 |
| as follows. | 85063 |
| Commencing at the southwest corner of the northwest quarter | 85064 |
| of Section 3, and the centerline intersection of Oldham Road and | 85065 |
| Lakakus Road. | 85066 |
| Thence South 89°12'53" East, 248.68 Feet along the centerline | 85067 |
| of Oldham Road to a point. | 85068 |
| Thence North 0°32'51" East, 1037.41 Feet along the westerly | 85069 |
| line of a 26.32 Acre parcel as conveyed to the State of Ohio by | 85070 |
| deed of record in Deed Volume 215, Page 522. | 85071 |
| Thence South 89°27'08" East, 65.11 Feet along the northerly | 85072 |
| line of the said 26.32 Acre State of Ohio parcel, and being the | 85073 |
| Point of beginning for the herein described 0.018 Acre waterline | 85074 |
| easement. | 85075 |
| Thence across the said State of Ohio parcel the following | 85076 |
| three courses and distances: | 85077 |
| North 0°38'24" West, 51.37 Feet to a point. | 85078 |
| South 89°42'53" East, 15.00 Feet to a point. | 85079 |
| South 0°38'54" East, 51.43 Feet to a point on the northerly | 85080 |
| line of the said 26.32 Acre State of Ohio parcel. | 85081 |
| Thence North 89°27'08" West, 15.00 Feet along the northerly | 85082 |
| line of the said 26.32 Acre State of Ohio parcel to the Point of | 85083 |
| Beginning and containing 0.018 Acres more or less according to a | 85084 |
| field survey made by the Department of Administrative Services, | 85085 |
| General Services Division, Office of Real Estate and Planning, | 85086 |
| during February of 2009. | 85087 |
| Subject however to all legal easements and or rights-of-way | 85088 |
| if any of public record. | 85089 |
| The bearings in the above description are based upon a survey | 85090 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85091 |
| 10-21-08. | 85092 |
| 85093 | |
| 85094 | |
| 85095 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85096 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85097 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85098 |
| Deed Volume 215, Page 522, all references being to those of record | 85099 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.172 Acre | 85100 |
| Waterline easement being more particularly bounded and described | 85101 |
| as follows. | 85102 |
| Commencing at the southwest corner of the northwest quarter | 85103 |
| of Section 3, and the centerline intersection of Oldham Road and | 85104 |
| Lakakus Road. | 85105 |
| Thence North 1°19'03" East, 1218.95 Feet along the centerline | 85106 |
| of Lalakus Road to the point of curvature of a curve to the right. | 85107 |
| Thence with a curve to the right bearing North 46°03'24" | 85108 |
| East, 88.37 Feet with a radius of 62.78 Feet, and with an arc | 85109 |
| length of 98.03 Feet, along the centerline of Lalakus Road to the | 85110 |
| point of tangency. | 85111 |
| Thence South 89°12'15" East, 721.17 Feet along the centerline | 85112 |
| of Toland Drive to a point. | 85113 |
| Thence South 0°00'00" East, 40.00 Feet to a point on the | 85114 |
| southerly right-of-way line of Toland Drive and being the Point of | 85115 |
| beginning for the herein described 0.172 Acre waterline easement. | 85116 |
| Thence across the said State of Ohio parcel the following | 85117 |
| twenty two courses and distances: | 85118 |
| South 0°00'00" East, 83.30 Feet to a point. | 85119 |
| South 89°01'32" East, 22.45 Feet to a point. | 85120 |
| South 0°58'28" West, 15.00 Feet to a point | 85121 |
| North 89°01'32" West, 23.00 Feet to a point. | 85122 |
| South 6°24'45" West, 83.78 Feet to a point. | 85123 |
| South 0°22'35" West, 67.24 Feet to a point. | 85124 |
| North 89°37'25" West, 15.00 Feet to a point. | 85125 |
| North 0°22'35" East, 60.32 Feet to a point. | 85126 |
| North 88°10'46" West, 130.30 Feet to a point. | 85127 |
| South 0°00'00" West, 38.73 Feet to a point. | 85128 |
| North 85°09'17" West, 6.40 Feet to a point. | 85129 |
| South 1°18'12" West, 24.42 Feet to a point. | 85130 |
| North 88°41'48" West, 15.00 Feet to a point. | 85131 |
| North 1°18'12' East, 25.35 Feet to a point. | 85132 |
| North 85°09'17" West, 11.66 Feet to a point. | 85133 |
| North 4°50'43" East, 15.00 Feet to a point. | 85134 |
| South 85°09'17" East, 16.77 Feet to a point. | 85135 |
| North 0°00'00" West, 37.89 Feet to a point. | 85136 |
| South 88°10'46" East, 146.18 Feet to a point. | 85137 |
| North 6°24'45" East, 83.66 Feet to a point. | 85138 |
| North 0°00'00" East, 90.46 Feet to a point on the southerly | 85139 |
| right-of-way line of Toland Road. | 85140 |
| Thence South 89°12'15" East, 15.00 Feet along the northerly | 85141 |
| right-of-way line of Toland Road to the Point of Beginning and | 85142 |
| containing 0.172 Acres more or less according to a field survey | 85143 |
| made by the Department of Administrative Services, General | 85144 |
| Services Division, Office of Real Estate and Planning, during | 85145 |
| February of 2009. | 85146 |
| Subject however to all legal easements and or rights-of-way | 85147 |
| if any of public record. | 85148 |
| The bearings in the above description are based upon a survey | 85149 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85150 |
| 10-21-08. | 85151 |
| 85152 | |
| 85153 | |
| 85154 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85155 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85156 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85157 |
| Deed Volume 215, Page 522, all references being to those of record | 85158 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.025 Acre | 85159 |
| Waterline easement being more particularly bounded and described | 85160 |
| as follows. | 85161 |
| Commencing at the southwest corner of the northwest quarter | 85162 |
| of Section 3, and the centerline intersection of Oldham Road and | 85163 |
| Lakakus Road. | 85164 |
| Thence North 1°19'03" East, 1218.95 Feet along the centerline | 85165 |
| of Lalakus Road to the point of curvature of a curve to the right. | 85166 |
| Thence with a curve to the right bearing North 46°03'24" | 85167 |
| East, 88.37 Feet with a radius of 62.78 Feet, and with an arc | 85168 |
| length of 98.03 Feet, along the centerline of Lalakus Road to the | 85169 |
| point of tangency. | 85170 |
| Thence South 89°12'15" East, 815.29 Feet along the centerline | 85171 |
| of Toland Drive to a point. | 85172 |
| Thence North 0°00'00" East, 40.00 Feet to a point on the | 85173 |
| northerly right-of-way line of Toland Drive and being the Point of | 85174 |
| beginning for the herein described 0.025 Acre waterline easement. | 85175 |
| Thence across the said State of Ohio parcel the following | 85176 |
| three courses and distances: | 85177 |
| North 0°00'00" East, 71.97 Feet to a point. | 85178 |
| South 90°00'00" East, 15.00 Feet to a point. | 85179 |
| South 0°00'00" East, 72.18 Feet to a point on the northerly | 85180 |
| right-of-way line of Toland Road. | 85181 |
| Thence North 89°12'15" West, 15.00 Feet along the northerly | 85182 |
| right-of-way line of Toland Road to the Point of Beginning and | 85183 |
| containing 0.025 Acres more or less according to a field survey | 85184 |
| made by the Department of Administrative Services, General | 85185 |
| Services Division, Office of Real Estate and Planning, during | 85186 |
| February of 2009. | 85187 |
| Subject however to all legal easements and or rights-of-way | 85188 |
| if any of public record. | 85189 |
| The bearings in the above description are based upon a survey | 85190 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85191 |
| 10-21-08. | 85192 |
| 85193 | |
| 85194 | |
| 85195 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85196 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85197 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85198 |
| Deed Volume 215, Page 522, all references being to those of record | 85199 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.025 Acre | 85200 |
| Waterline easement being more particularly bounded and described | 85201 |
| as follows. | 85202 |
| Commencing at the southwest corner of the northwest quarter | 85203 |
| of Section 3, and the centerline intersection of Oldham Road and | 85204 |
| Lakakus Road. | 85205 |
| Thence North 1°19'03" East, 1218.95 Feet along the centerline | 85206 |
| of Lalakus Road to the point of curvature of a curve to the right. | 85207 |
| Thence with a curve to the right bearing North 46°03'24" | 85208 |
| East, 88.37 Feet with a radius of 62.78 Feet, and with an arc | 85209 |
| length of 98.03 Feet, along the centerline of Lalakus Road to the | 85210 |
| point of tangency. | 85211 |
| Thence South 89°12'15" East, 877.12 Feet along the centerline | 85212 |
| of Toland Drive to a point. | 85213 |
| Thence North 0°05'24" East, 40.00 Feet to a point on the | 85214 |
| northerly right-of-way line of Toland Drive and being the Point of | 85215 |
| beginning for the herein described 0.025 Acre waterline easement. | 85216 |
| Thence across the said State of Ohio parcel the following | 85217 |
| three courses and distances: | 85218 |
| North 0°05'24" East, 71.99 Feet to a point. | 85219 |
| South 89°54'36" East, 15.00 Feet to a point. | 85220 |
| South 0°05'24" West, 72.17 Feet to a point on the northerly | 85221 |
| right-of-way line of Toland Road. | 85222 |
| Thence North 89°12'15" West, 15.00 Feet along the northerly | 85223 |
| right-of-way line of Toland Road to the Point of Beginning and | 85224 |
| containing 0.025 Acres more or less according to a field survey | 85225 |
| made by the Department of Administrative Services, General | 85226 |
| Services Division, Office of Real Estate and Planning, during | 85227 |
| February of 2009. | 85228 |
| Subject however to all legal easements and or rights-of-way | 85229 |
| if any of public record. | 85230 |
| The bearings in the above description are based upon a survey | 85231 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85232 |
| 10-21-08. | 85233 |
| 85234 | |
| 85235 | |
| 85236 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85237 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85238 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85239 |
| Deed Volume 215, Page 522, all references being to those of record | 85240 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.518 Acre | 85241 |
| Waterline easement being more particularly bounded and described | 85242 |
| as follows. | 85243 |
| Commencing at the northeast corner of a 26.32 acre parcel as | 85244 |
| conveyed to the State of Ohio in Deed Volume 215, page 522 and is | 85245 |
| shown on a survey drawing made by Linn engineering Ltd., project | 85246 |
| no. CMH-758, dated 10-21-08, said point also being on the westerly | 85247 |
| right-of-way line Gibson Road. | 85248 |
| Thence South 88°56'31" West, 41.44 Feet along the northerly | 85249 |
| line of the said 26.32 Acre State of Ohio parcel to the Point of | 85250 |
| Beginning for the herein described 0.518 Acre parcel. | 85251 |
| Thence along the northerly line of the said 26.32 Acre State | 85252 |
| of Ohio parcel the following four courses and distances: | 85253 |
| South 88°56'31" West, 8.47 Feet to a point. | 85254 |
| North 61°16'33" West, 50.20 Feet to a point | 85255 |
| South 88°36'50" West, 50.28 Feet to a point. | 85256 |
| North 61°54'41" West, 36.91 Feet to a point. | 85257 |
| Thence across the said State of Ohio parcel the following | 85258 |
| nineteen courses and distances: | 85259 |
| North 47°16'21" West, 51.07 Feet to a point. | 85260 |
| North 1°01'59" West, 48.10 Feet to a point. | 85261 |
| North 87°56'34" West, 229.96 Feet to a point. | 85262 |
| North 87°29'26" West, 230.21 Feet to a point. | 85263 |
| South 0°00'00" West, 35.36 Feet to a point. | 85264 |
| North 90°00'00" West, 15.00 Feet to a point. | 85265 |
| North 0°00'00" West, 36.02 Feet to a point. | 85266 |
| North 87°29'26" West, 131.54 Feet to a point. | 85267 |
| North 1°35'33" East, 65.86 Feet to a point. | 85268 |
| North 90°00'00" West, 78.57 Feet to a point. | 85269 |
| North 0°00'00" East, 15.00 Feet to a point. | 85270 |
| North 90°00'00" East, 78.99 Feet to a point. | 85271 |
| North 1°35'33" East, 15.78 Feet to a point. | 85272 |
| South 86°31'06" West, 18.54 Feet to a point. | 85273 |
| North 3°28'54" West, 15.00 Feet to a point. | 85274 |
| North 86°31'06" East, 19.87 Feet to a point. | 85275 |
| North 1°35'33" East, 90.72 Feet to a point. | 85276 |
| North 88°50'28" West, 46.89 Feet to a point. | 85277 |
| North 81°06'34" West, 44.95 Feet to a point on the southerly | 85278 |
| right-of-way line of Toland Drive. | 85279 |
| Thence South 89°12'15" East, 106.49 Feet along the southerly | 85280 |
| right-of-way line of Toland Drive to a point. | 85281 |
| Thence across the said State of Ohio parcel the following | 85282 |
| twenty four courses and distances: | 85283 |
| South 1°35'33" West, 194.50 Feet to a point. | 85284 |
| South 87°29'26" East, 138.16 Feet to a point. | 85285 |
| North 0°00'00" East, 62.64 Feet to a point. | 85286 |
| North 90°00'00" East, 15.00 Feet to a point. | 85287 |
| South 0°00'00" West, 63.30 Feet to a point. | 85288 |
| North 87°29'26" East, 201.24 Feet to a point. | 85289 |
| North 2°01'25" East, 68.36 Feet to a point. | 85290 |
| North 90°00'00" East, 104.07 Feet to a point | 85291 |
| South 0°00'00" East, 15.00 Feet to a point. | 85292 |
| South 90°00'00" West, 89.60 Feet to a point. | 85293 |
| South 2°01'25" West, 53.95 Feet to a point. | 85294 |
| South 87°56'34" East, 190.29 Feet to a point. | 85295 |
| North 0°47'07" East, 67.70 Feet to a point. | 85296 |
| South 89°12'53" East, 88.92 Feet to a point. | 85297 |
| South 0°47'07" West, 35.50 Feet to a point. | 85298 |
| North 89°12'53" West, 15.00 Feet to a point | 85299 |
| North 0°47'07" East, 20.50 Feet to a point. | 85300 |
| North 89°12'53" West, 58.92 Feet to a point. | 85301 |
| South 0°47'07" West, 53.03 Feet to a point. | 85302 |
| South 87°56'34" East, 31.87 Feet to a point. | 85303 |
| South 1°01'59" West, 56.11 Feet to a point. | 85304 |
| South 47°16'21" East, 78.56 Feet to a point. | 85305 |
| North 88°46'55" East, 65.24 Feet to a point. | 85306 |
| South 2°22'03" West, 10.04 Feet to the Point of Beginning and | 85307 |
| containing 0.518 Acres more or less according to a field survey | 85308 |
| made by the Department of Administrative Services, General | 85309 |
| Services Division, Office of Real Estate and Planning, during | 85310 |
| February of 2009. | 85311 |
| Subject however to all legal easements and or rights-of-way | 85312 |
| if any of public record. | 85313 |
| The bearings in the above description are based upon a survey | 85314 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85315 |
| 10-21-08. | 85316 |
| 85317 | |
| 85318 | |
| 85319 | |
| Situated in the State of Ohio, County of Guernsey, Township | 85320 |
| of Cambridge, and being a part of the northwest Quarter of Section | 85321 |
| 3, and also being a part of a State of Ohio parcel as conveyed in | 85322 |
| Deed Volume 215, Page 522, all references being to those of record | 85323 |
| in the Recorder's Office in Guernsey County, Ohio. The 0.343 Acre | 85324 |
| Waterline easement being more particularly bounded and described | 85325 |
| as follows. | 85326 |
| Commencing at the northeast corner of a 26.32 acre parcel as | 85327 |
| conveyed to the State of Ohio in Deed Volume 215, page 522 and is | 85328 |
| shown on a survey drawing made by Linn engineering Ltd., project | 85329 |
| no. CMH-758, dated 10-21-08, said point also being on the westerly | 85330 |
| right-of-way line Gibson Road. | 85331 |
| Thence South 88°56'31" West, 26.41 Feet along the northerly | 85332 |
| line of the said 26.32 Acre State of Ohio parcel to the Point of | 85333 |
| Beginning for the herein described 0.343 Acre parcel. | 85334 |
| Thence South 88°56'31" West, 15.03 Feet along the northerly | 85335 |
| line of the said 26.32 Acre State of Ohio parcel to a point. | 85336 |
| Thence across the said State of Ohio parcel the following | 85337 |
| eight courses and distances: | 85338 |
| North 2°22'03" East, 28.31 Feet to a point. | 85339 |
| North 24°13'28" East, 27.82 Feet to a point. | 85340 |
| North 0°39'34" East, 157.44 Feet to a point. | 85341 |
| North 61°10'57" West, 201.51 Feet to a point. | 85342 |
| North 89°43'46" West, 560.76 Feet to a point. | 85343 |
| North 1°35'33" East, 15.00 Feet to a point. | 85344 |
| South 89°43'46" East, 425.24 Feet to a point. | 85345 |
| North 0°41'19" West, 7.35 Feet to a point on the southerly | 85346 |
| right-of-way line of Toland Drive. | 85347 |
| Thence South 89°12'15" East, 15.00 Feet along the southerly | 85348 |
| line of Toland Drive to a point. | 85349 |
| South 0°41'19" East, 7.21 Feet to a point. | 85350 |
| South 89°43'46" East, 123.99 Feet to a point. | 85351 |
| South 61°10'57" East, 214.31 Feet to a point. | 85352 |
| South 0°39'34" West, 169.55 Feet to a point. | 85353 |
| South 24°13'28" West, 28.05 Feet to a point. | 85354 |
| South 2°22'03" West, 24.52 Feet to the Point of Beginning and | 85355 |
| containing 0.343 Acres more or less according to a field survey | 85356 |
| made by the Department of Administrative Services, General | 85357 |
| Services Division, Office of Real Estate and Planning, during | 85358 |
| February of 2009. | 85359 |
| Subject however to all legal easements and or rights-of-way | 85360 |
| if any of public record. | 85361 |
| The bearings in the above description are based upon a survey | 85362 |
| made by Linn engineering Ltd., project no. CMH-758, dated | 85363 |
| 10-21-08. | 85364 |
| (B) The Director of Administrative Services, pursuant to | 85365 |
| division (A)(12) of section 123.01 of the Revised Code, exercises | 85366 |
| general custodial care of all real property of the state, and has | 85367 |
| determined the granting of a perpetual easement affecting an | 85368 |
| existing water supply line at the Cambridge Developmental Center | 85369 |
| in Cambridge, Guernsey County, Ohio would be in the best interest | 85370 |
| of the state. | 85371 |
| (C) The Director of Administrative Services, with the | 85372 |
| assistance of the Attorney General, shall prepare a perpetual | 85373 |
| easement document affecting the real estate. The easement document | 85374 |
| shall state the consideration and the duties. The easement | 85375 |
| document shall be executed by the Director of Administrative | 85376 |
| Services in the name of the state, and shall be countersigned by | 85377 |
| the Governor. | 85378 |
| (D) Consideration for granting the easement shall be $1.00. | 85379 |
| The City of Cambridge, at its sole expense, shall present the | 85380 |
| fully executed easement document for recording in the Office of | 85381 |
| the Guernsey County Recorder. | 85382 |
| (E) Upon full execution of the easement, the City of | 85383 |
| Cambridge shall assume perpetual responsibility to install, | 85384 |
| construct, reconstruct, use, operate, maintain, repair, replace, | 85385 |
| remove, service, and improve in, on, over, under, across, through, | 85386 |
| and upon the Easement Area. | 85387 |
| (F) This section expires one year after its effective date. | 85388 |
| Section 753.90. (A) The Governor is authorized to execute a | 85389 |
| deed in the name of the state conveying to Robert A. Olson and | 85390 |
| Nancy A. Olson, husband and wife, the "grantees", and their heirs | 85391 |
| and assigns, all of the state's right, title, and interest in the | 85392 |
| following described real estate: | 85393 |
| Situate in the State of Ohio, Hamilton County, Village of North | 85394 |
| Bend and being a part of Section 20, Fractional Range 2, Township | 85395 |
| 1, Symmes Purchase, Between the Miami Rivers Survey, also being a | 85396 |
| parcel out of those lands conveyed to the State of Ohio (Ohio | 85397 |
| Historical Society) by Deed of Record in Deed Book 1685, Page 594, | 85398 |
| Recorder's Office, Hamilton County, Ohio and being more | 85399 |
| particularly described as follows: | 85400 |
| Situated in Sec. 20, Town. 1, F.R. 2 Miami Township, Hamilton Co. | 85401 |
| Ohio and being more particularly described as follows: | 85402 |
| Beginning at the north corner of lots 32 and 33 of the J. Scott | 85403 |
| Harrison's Sub. Plat Book 3 Page 67; | 85404 |
| Thence North 76 degrees 31' East 215.80 feet to an iron pin in the | 85405 |
| centerline of vacated Loup Ave.; | 85406 |
| Thence North 1 degree West 64.44 feet to the South R/W line of the | 85407 |
| dedicated Loup Ave and the real point of beginning of this | 85408 |
| conveyance. | 85409 |
| Thence South 51 degrees 14'30" East 195.48 feet along the south | 85410 |
| R/W of the dedicated Loup Ave. to a stake at the centerline of old | 85411 |
| Loup Ave. | 85412 |
| Thence South 89 degrees 36' 06" West 150.28 feet along the old | 85413 |
| centerline to an iron pin; | 85414 |
| Thence North 1 degree West 123.44 feet along the old centerline to | 85415 |
| place of beginning; being a triangular piece of property as shown | 85416 |
| by B and C on survey plat #263 5/27/92 by Alan S. Montague | 85417 |
| surveyor #4105" | 85418 |
| The aforegoing is recited from a description and plat prepared by | 85419 |
| Alan S. Montague, P .S. No. 4105, 39 East Harrison Avenue, North | 85420 |
| Bend, OH 45052, said description being signed by said Alan S. | 85421 |
| Montague and the included plat being sealed by said Alan S. | 85422 |
| Montague, P.S. Number 4105. | 85423 |
| The Director of Administrative Services may adjust the legal | 85424 |
| description to accommodate any corrections necessary to facilitate | 85425 |
| recordation of the deed. | 85426 |
| (B) Consideration for conveyance of the real estate shall be | 85427 |
| $1,200.00, as derived by mutual agreement reached between the | 85428 |
| state and the grantees through an executed Offer to Purchase. The | 85429 |
| consideration shall be paid to the state at closing. | 85430 |
| (C) The real estate shall be sold as an entire tract and not | 85431 |
| in parcels. | 85432 |
| (D) Prior to the execution of the deed, possession of the | 85433 |
| real estate shall be governed by an existing interim lease between | 85434 |
| the Department of Administrative Services and the grantees. | 85435 |
| (E) The grantees shall pay the costs of the conveyance, | 85436 |
| including recordation costs of the deed. | 85437 |
| (F) Upon payment of the purchase price, the Auditor of State, | 85438 |
| with the assistance of the Attorney General, shall prepare a deed | 85439 |
| to the real estate. The deed shall state the consideration. The | 85440 |
| deed shall be executed by the Governor in the name of the state, | 85441 |
| countersigned by the Secretary of State, sealed with the Great | 85442 |
| Seal of the State, presented in the Office of the Auditor of State | 85443 |
| for recording, and delivered to the grantees. The grantees shall | 85444 |
| present the deed for recording in the Office of the Hamilton | 85445 |
| County Recorder. | 85446 |
| (G) This section expires one year after its effective date. | 85447 |
| Section 753.100. (A) The Ohio Historical Society (formerly | 85448 |
| the Ohio State Archaeological and Historical Society) (the | 85449 |
| "society") is authorized, as required by section 149.30 of the | 85450 |
| Revised Code, to execute a deed conveying to the United States of | 85451 |
| America and its assigns (the "grantee"), all of the society's | 85452 |
| right, title, and interest in the following described real estate: | 85453 |
| Situated in the State of Ohio, County of Ross and Township of | 85454 |
| Paxton and bounded and described as follows, to-wit: | 85455 |
| 85456 | |
| Beginning at a point in the center of the Chillicothe-Milford | 85457 |
| Pike, from which a stone at the south side of the road bears S. 12 | 85458 |
| deg. E. 33 links, said point being the northwest corner of the | 85459 |
| Seip Heir's land; thence with the center of said Pike S. 67 deg. | 85460 |
| W. 3.58 chains to a point in said Pike; thence S. 11 deg. E. 23.71 | 85461 |
| chains to a stake or stone; thence S. 6 deg. 30 min., E. 2.63 | 85462 |
| chains to a stake or stone; thence N. 89 deg. E. 3.63 chains to a | 85463 |
| stake or stone in the line of the Seip heirs land; thence with | 85464 |
| said Seip heir's lines N. 3 deg. W. 3.81 chains to a stone; thence | 85465 |
| N. 12 deg. W. 23.86 chains to the beginning, containing 10 acres | 85466 |
| of land, more or less. | 85467 |
| The above described Parcel No. 1 is subject to a right of way for | 85468 |
| ingress and egress reserved to Alice H. Camp and Alfred Camp, her | 85469 |
| husband, as described in Deed Book No. 20, Page 100 Recorder's | 85470 |
| Office, Ross County Ohio. | 85471 |
| Being all of Auditor's Parcel No. 221107005600. Being the same | 85472 |
| tract of ground as acquired by The Ohio State Archaeological and | 85473 |
| Historical Society in Deed Volume 207, page 100. | 85474 |
| 85475 | |
| Beginning at the intersection of the two westerly lines of the | 85476 |
| Seip land at a stake at the base of the said Mound; thence using | 85477 |
| the old bearings, N. 12' 18' W. 30 feet to an iron pipe in said | 85478 |
| line; thence S. 70°18' E. 50 feet to an iron pipe; thence S. | 85479 |
| 49°18' E. 50 feet to an iron pipe; thence S. 21° 28' E. 50 feet to | 85480 |
| an iron pipe; thence S. l2°47' W. 50 feet to an iron pipe; thence | 85481 |
| S. 35°22' W. 50 feet to an iron pipe; thence S. 62°42' W. 50 feet | 85482 |
| to an iron pipe in the other old line; thence with said line N. 3° | 85483 |
| 17' W. 178 feet more or less to the beginning, containing 0.31 | 85484 |
| acres more or less and being a part of Virginia Military Survey | 85485 |
| No. 392. | 85486 |
| And being a part of premises conveyed by Thomas Blackstone Exr. To | 85487 |
| Charles Seip, on Aug. 30, 1883 as recorded in Vol. 95, page 256 | 85488 |
| Ross County Deed Records. | 85489 |
| Being all of Auditor's Parcel No. 221107006600. Being the same | 85490 |
| tract of ground as acquired by The Ohio State Archaeological and | 85491 |
| Historical Society in Deed Volume 209, page 48. | 85492 |
| 85493 | |
| Tract One: | 85494 |
| Being all of the lands of which Thomas Blackstone died seized | 85495 |
| which lie north of Paint Creek, and being a part of Simeon | 85496 |
| Morgan's Survey #392; then beginning at a stone on the North bank | 85497 |
| of Paint Creek where three sugar trees are called for (now | 85498 |
| missing) an upper corner of the creek to Richard Dill's running | 85499 |
| thence up the creek, as it meanders and binding thereon N 88 deg W | 85500 |
| 34 poles; thence S 87 deg 45' W 27.76 poles to a stake from which | 85501 |
| a white elm 11 inches in diameter bears S 48 deg E 5-3/4 links and | 85502 |
| white elm 12 inches in diameter bears S 82 ½ deg E 31 links and a | 85503 |
| stone bears N 3 deg 17' W 50 links distant; thence N 3 deg 17' W | 85504 |
| 146.7 poles to one of the parts in the post and rail fence in a | 85505 |
| line of the tract of land conveyed to said Thomas Blackstone, Sen. | 85506 |
| by R. R. Seymour and wife by deed dated November 13, 1852 | 85507 |
| (hereinafter referred to); thence N 12 deg 18' W 96.12 poles to a | 85508 |
| stake in the center of the turnpike from which a stone bears south | 85509 |
| 12 deg 18' E 50 links; thence with the center of said turnpike N | 85510 |
| 66 deg 30' E 81.74 poles to a stake in the center of said turnpike | 85511 |
| from which a stone bears S 3 deg 17' E 50 links distant; thence S | 85512 |
| 3 deg 17' E 273.4 poles to the beginning, containing 104 acres, 2 | 85513 |
| roods and 38 poles, more or less, being the same premises | 85514 |
| described in two several deeds from R. R. Seymour and wife, to | 85515 |
| said Thomas Blackstone, Sen. and bearing date November 13, 1852, | 85516 |
| recorded in Volume 53 page 510 Ross County Ohio Deed Records, | 85517 |
| calling for 100 acres, and the other bearing date April 23., 1853, | 85518 |
| recorded in Volume 55, page 14 of said records calling for 4 | 85519 |
| acres, 2 roods and 38 poles SAVE arid EXCEPTING from the NE corner | 85520 |
| thereof 1 acre and 1 pole conveyed by Thomas Blackstone, Sen to | 85521 |
| the Board of Education of Paxton Township, by deed dated September | 85522 |
| 13, 1878 and recorded in Volume 85, page 569 of the records of | 85523 |
| Ross County, Ohio. SAVE and EXCEPTING .31 of an acre sold and | 85524 |
| conveyed by Elizabeth Seip to the Ohio State Archaeological and | 85525 |
| Historical Society December 9, 1927 and recorded in Volume 209 | 85526 |
| page 48, Ross County Ohio Deed Records. And being the same | 85527 |
| premises conveyed to Charles G. Schlegel by deed dated November 9, | 85528 |
| 1955 and recorded in Volume 291, page 8 Ross County Ohio Deed | 85529 |
| Records. | 85530 |
| Tract Two: | 85531 |
| Beginning at a point in the center of Chillicothe and Milford Pike | 85532 |
| from which a stone at the south side of the road bears S 12 deg E | 85533 |
| 33 links, said point being the NW corner of the Seip Heir's land; | 85534 |
| thence with the center of said pike S 67 deg W 14.085 poles to a | 85535 |
| point in said pike; thence S 11 deg E 94.85 poles; thence S 6 deg | 85536 |
| 30' E 141.36 poles to Paint Creek; thence down Paint Creek with | 85537 |
| the meanders thereof S 86 deg 45' E 6.77 poles to the SW corner of | 85538 |
| the Seip Heirs; thence N 3 deg W l43.92 poles to a stone; thence N | 85539 |
| 12 deg W 95.44 poles to the beginning, containing 18 acres and | 85540 |
| 3.625 poles of land more or less. SAVE AND EXCEPT THEREFROM the | 85541 |
| following described tract heretofore sold and conveyed by these | 85542 |
| grantors to the State of Ohio, being deed recorded in Volume 207 | 85543 |
| page 100 of the Deed Records of Ross County, Ohio. | 85544 |
| Beginning at a point in the center of Chillicothe Milford Pike, | 85545 |
| from which a stone at the south side of the road bears S 12 deg 33 | 85546 |
| links said point being the NW corner of the Seip heir's land; | 85547 |
| thence with the center of said pike S 67 deg W 3.58 chains to a | 85548 |
| point in said pike; thence S 11 deg E 23.71 chains to a stake or | 85549 |
| stone; thence S 6 deg 30' E 2.63 chains to a stake or stone; | 85550 |
| thence N 89 deg E 3.63 chains to a stake or stone in the line of | 85551 |
| Seip heir's land; thence with said Seip heir's lines N 3 deg W | 85552 |
| 3.81 chains to a stone; thence N 12 deg W 23.86 chains in the | 85553 |
| beginning, containing 10 acres of land more or less. The above | 85554 |
| exception is subject to a roadway reserved by Alice H. Camp and | 85555 |
| Alfred Camp for themselves, their heirs and assigns leading from | 85556 |
| U.S. Route 50 to the remainder of the tract above described. Being | 85557 |
| the same premises conveyed to Charles C. Schlegel by deed dated | 85558 |
| April 10, 1956 and recorded in V. 292 page 595 Ross County, Ohio | 85559 |
| Deed Records. | 85560 |
| Being all of Auditor's Parcel No. 221107007000. Being the same | 85561 |
| tract of ground as acquired by The Ohio State Archaeological and | 85562 |
| Historical Society in Deed Volume 518, page 542. | 85563 |
| The Director of Administrative Services may adjust the legal | 85564 |
| description to accommodate any corrections necessary to facilitate | 85565 |
| recordation of the deed. | 85566 |
| (B) Consideration for conveyance of the real estate shall be | 85567 |
| the mutual benefit accruing to the society and the United States | 85568 |
| from the use of the real estate by the National Park Service as a | 85569 |
| part of the Hopewell Culture National Historical Park. | 85570 |
| (C) The real estate shall be sold as an entire tract and not | 85571 |
| in parcels. | 85572 |
| (D) The National Park Service shall pay the costs of the | 85573 |
| conveyance. | 85574 |
| (E) Within two years after the effective date of this act, | 85575 |
| the Ohio Historical Society shall prepare a deed to the real | 85576 |
| estate. The deed shall state the consideration and the conditions. | 85577 |
| The deed shall be executed by the society, presented in the Office | 85578 |
| of the Auditor of State for recording, and delivered to the | 85579 |
| National Park Service. The National Park Service shall present the | 85580 |
| deed for recording in the Office of the Ross County Recorder. | 85581 |
| (F) This section expires two years after its effective date. | 85582 |
| Section 753.110. (A) The Governor is authorized to execute a | 85583 |
| deed in the name of the state conveying to the City of Columbus | 85584 |
| (the "grantee"), and its successors and assigns, all of the | 85585 |
| state's right, title, and interest in the following described real | 85586 |
| estate: | 85587 |
| Situated in the State of Ohio, County of Franklin, City of | 85588 |
| Columbus, being a part of Township 1, Range 18, Quarter Township | 85589 |
| 3, United States Military Lands, being a part of Lot 1 of R.P. | 85590 |
| Woodruff's Subdivision of Lot 2 of his Subdivision of Lot Number 8 | 85591 |
| of Sidney L. Caffee's subdivision called Northwood Place Addition | 85592 |
| to the City of Columbus, as recorded in Plat Book 2, page 326, and | 85593 |
| being part of a tract of land as described as Parcel One in a | 85594 |
| Warranty Deed to The State of Ohio, of record in Deed Book Volume | 85595 |
| 3677, Page 247, all records referenced are on file at the | 85596 |
| Recorder's Office, Franklin County, Ohio, said 0.002 acre being | 85597 |
| more particularly bounded and described as follows: | 85598 |
| Commencing for reference at a drill hole set at the intersection | 85599 |
| of the westerly right-of-way line of North High Street and the | 85600 |
| Southerly right-of-way line of Northwood Avenue, being the | 85601 |
| northeasterly corner of the said State of Ohio tract; | 85602 |
| Thence South 08o21'22" East, along the westerly right-of-way line | 85603 |
| of North High Street, along the easterly line of the said State of | 85604 |
| Ohio tract, a distance of 18.97 feet to a drill hole set at the | 85605 |
| True Place of Beginning of the herein described tract; | 85606 |
| Thence South 08o21'22" East, continuing along the westerly | 85607 |
| right-of-way line of North High Street, continuing along the | 85608 |
| easterly line of said State of Ohio tract, a distance of 11.00 | 85609 |
| feet to a drill hole set at the southeasterly corner of the herein | 85610 |
| described tract; | 85611 |
| Thence over and across the said State of Ohio tract by the | 85612 |
| following three (3) described courses: | 85613 |
| 1. South 81o38'38" West, along a line perpendicular to the | 85614 |
| westerly right-of-way line of North High Street and the easterly | 85615 |
| line of the said State of Ohio tract, a distance of 10.00 feet to | 85616 |
| a drill hole set at the southwesterly corner of the herein | 85617 |
| described tract; | 85618 |
| 2. North 08o21'22" West, along a line parallel to and 10.00 | 85619 |
| feet westerly from the westerly right-of-way line of North High | 85620 |
| Street and the easterly line of the said State of Ohio tract, a | 85621 |
| distance of 11.00 feet to an iron pin set at the northwesterly | 85622 |
| corner of the herein described tract; | 85623 |
| 3. North 81o38'38" East, along a line perpendicular to the | 85624 |
| westerly right of way line of North High Street and the easterly | 85625 |
| line of the said State of Ohio tract, a distance of 10.00 feet to | 85626 |
| the True Place of Beginning and contains 0.002 acre out of | 85627 |
| Auditor's Parcel Number 010-066692. | 85628 |
| The bearings are based on South 08o21'22" East, along the westerly | 85629 |
| right-of-way line of North High Street and is referenced to the | 85630 |
| Ohio State Plane Coordinate System, South Zone and the North | 85631 |
| American Datum of 1983. | 85632 |
| The above description was prepared under the direct supervision of | 85633 |
| John L. Price, registered professional surveyor number 7159 and | 85634 |
| represents an actual field survey performed by ms consultants, | 85635 |
| inc. Iron pins referenced as to be set are 5/8 inch by 30 inch | 85636 |
| long rebar with yellow plastic caps stamped "7159-ms consultants". | 85637 |
| The Director of Administrative Services may adjust the legal | 85638 |
| description to accommodate any corrections necessary to facilitate | 85639 |
| recordation of the deed. | 85640 |
| (B) Consideration for conveyance of the real estate shall be | 85641 |
| $3,070.00, as derived by mutual agreement reached between the | 85642 |
| state and the grantee through an executed Offer to Purchase. The | 85643 |
| grantee shall be credited at closing with the value paid by the | 85644 |
| grantee for an existing easement on the real estate (OSU 6827), | 85645 |
| receipt of which is hereby acknowledged, in the amount of | 85646 |
| $3,070.00. | 85647 |
| (C) The real estate shall be sold as an entire tract and not | 85648 |
| in parcels. | 85649 |
| (D) Prior to execution of the deed, possession of the real | 85650 |
| estate shall be governed by an existing interim easement between | 85651 |
| the Department of Administrative Services and the grantee. | 85652 |
| (E) The grantee shall pay the costs of the conveyance, | 85653 |
| including recordation costs of the deed. | 85654 |
| (F) Upon payment of the purchase price, the Auditor of State, | 85655 |
| with the assistance of the Attorney General, shall prepare a deed | 85656 |
| to the real estate. The deed shall state the consideration. The | 85657 |
| deed shall be executed by the Governor in the name of the state, | 85658 |
| countersigned by the Secretary of State, sealed with the Great | 85659 |
| Seal of the State, presented in the Office of the Auditor of State | 85660 |
| for recording, and delivered to the grantee. The grantee shall | 85661 |
| present the deed for recording in the Office of the Franklin | 85662 |
| County Recorder. | 85663 |
| (G) This section expires one year after its effective date. | 85664 |
| Section 753.120. (A) The Governor is authorized to execute a | 85665 |
| deed in the name of the state conveying to one or more purchasers, | 85666 |
| and the purchaser or purchasers' heirs and assigns or successors | 85667 |
| and assigns, all of the state's right, title, and interest in any | 85668 |
| or all parcels of real estate, held for the use and benefit of The | 85669 |
| Ohio State University, described as follows: | 85670 |
| 85671 | |
| Parcel 1 | 85672 |
| And known as being a part' of the southeast quarter of Section 15, | 85673 |
| T-15 (Wooster) R-13, Wayne County, Ohio. | 85674 |
| Bounded and described as follows: | 85675 |
| Commencing at the center of Section 15, R-13; thence S 0° 00' Q0" | 85676 |
| W along the quarter section line 873.78 feet to a spike on the | 85677 |
| centerline of U.S. Rte. 250; thence S 60° 14' 35" E (along said | 85678 |
| centerline) 787.70 feet to a spike (witnessed by an iron- pin S | 85679 |
| 58° 25' 45" W 34 .19 feet) the place of BEGINNING; thence | 85680 |
| continuing S 60° 14' 35" E (along said centerline) 509.88 feet to | 85681 |
| a spike, witnessed by an iron pin S 29° 45' 25" W 30 feet; thence | 85682 |
| S 29° 45' 25" W 300 feet to an iron pin; thence N 60° 14' 35" W | 85683 |
| (parallel to U.S. Rte. 250) 389.98 feet to an iron pin; thence N | 85684 |
| 31° 34' 15" W 241.22 feet to an iron pin; thence N 58° 25° 43" E | 85685 |
| 210 feet to the place of beginning. This parcel contains 3.71 | 85686 |
| Acres of land. | 85687 |
| Parcel 2 | 85688 |
| Real Estate situated in the | 85689 |
| State of Ohio | 85690 |
| County of Wayne | 85691 |
| Township of Wooster — Part of the southeast quarter of Section 15; | 85692 |
| T-15N; R-13W. | 85693 |
| Described as follows: | 85694 |
| Commencing at the center of Section 15; | 85695 |
| thence S 0° 00' 00" W 873.78 feet, along the section line to point | 85696 |
| on the centerline of Dover Road, formerly U.S. Route 250; | 85697 |
| thence S 60° 14' 35" E 787.70 feet, along said centerline to a | 85698 |
| point, witnessed by an iron pin set | 85699 |
| S 58° 25' 43" W 34.19 feet; | 85700 |
| thence S 58° 25' 43" W 210.00 feet to an iron pin found, the TRUE | 85701 |
| POINT OF BEGINNING; | 85702 |
| thence with the following FIVE courses: | 85703 |
| 1.) S 31° 34' 15" E 241.22 feet, along a northerly line of the | 85704 |
| Grantor, to a P.K. nail set; | 85705 |
| 2.) S 60° 14' 35" E 198.98 feet, alonq the northerly line of the | 85706 |
| Grantor to an iron pin set; | 85707 |
| 3.) S 29° 45' 25" W 15.00 feet to an iron pin set; | 85708 |
| 4.) N 60° 14' 35" W 253.85 feet to an iron pin set; | 85709 |
| 5.) N 20° 25' 03" W 204.13 feet to the TRUE POINT or BEGINNING. | 85710 |
| This parcel contains 0.187 Acres. | 85711 |
| 85712 | |
| Located in the Village of Apple Creek, Wayne County Ohio | 85713 |
| containing approximately 0.69 acres of real property out of a | 85714 |
| 7.226 acre tract acquired by The Ohio State University on March 5, | 85715 |
| 2001, and being part of Wayne County Auditor's tax parcel number | 85716 |
| 28-00466-000. | 85717 |
| 85718 | |
| Situated in the State of Ohio, County of Franklin, City of | 85719 |
| Columbus, Virginia Military Survey No. 6641, being 6.310 acres of | 85720 |
| land all out of that 16.614 acre tract as described in a deed to | 85721 |
| Bob Evans Farms, Inc., of record in Official Record Volume 23714 | 85722 |
| H06, (all references to records being on file in the Recorder's | 85723 |
| Office, Franklin County, Ohio), said 6.310 acre tract being more | 85724 |
| particularly described as follows: | 85725 |
| Beginning for reference at an iron pin found at the intersection | 85726 |
| of the westerly right-of-way line of Hilliard Rome Road and the | 85727 |
| northerly tight-of-way line of Feder Road, being the southeasterly | 85728 |
| comer of Lot 1, as delineated on the record plat "HARVEST PLACE", | 85729 |
| of record in Plat Book 81, Page 32; Thence North 36°14'38" West, | 85730 |
| along the northerly line of said Feder Road, the southerly line of | 85731 |
| said Lot 1, a distance of 271.81 feet to an iron pin found; Thence | 85732 |
| South 3 West, along an easterly line of said plat "HARVEST PLACE", | 85733 |
| a distance of 10.00 feet to a point; Thence North 36°14'38" West, | 85734 |
| continuing along the northerly line of said Feder Road, the | 85735 |
| southerly dedication line of Evans 'Way Court, as delineated on | 85736 |
| said plat "HARVEST PLACE", a distance of 100.00 feet to an iron | 85737 |
| pin set at the southwesterly corner of said Evans Way Court; and | 85738 |
| being the TRUE PLACE OF BEGINNING of the 6.310 acre tract herein | 85739 |
| described: | 85740 |
| Thence North 86°14' 38" West, along the northerly right-of-way | 85741 |
| line of said Feder Road, the southerly line of said 16.614 acre | 85742 |
| tract, as described in said deed to Bob Evans Farms, Inc., a | 85743 |
| distance of 581.81 feet to an iron pin found at the southwesterly | 85744 |
| corner of said 16.614 acre tract; | 85745 |
| Thence North 3° 14' 58" East, along the westerly line of said | 85746 |
| 16.614 acre tract, the easterly line of that 13.663 acre tract as | 85747 |
| described in a deed to Waterford Pointe Ohio, Ltd., of record in | 85748 |
| Official Record Volume 33216 D19, a distance of473.85 feet to an | 85749 |
| iron pin found; | 85750 |
| Thence South 86° 45' 57" East, through said 16.614 acre tract, a | 85751 |
| distance of 536.50 feet to an iron pin found in the westerly | 85752 |
| right-of-way line of Evans Way Court; | 85753 |
| Thence along the westerly right-of-way line of said Evans Way | 85754 |
| Court the following four (4) courses and distances: | 85755 |
| 1. South East, a distance of 33 I .52 feet to an iron pin set at a | 85756 |
| point of curvature; | 85757 |
| 2. Along the arc of a curve to the right, having a radius of | 85758 |
| 463.66 feet, a central angle of 10°41'13", an arc distance of | 85759 |
| 86.48 feet to an iron pin set at a point of tangency, said arc | 85760 |
| being subtended by a chord bearing South 1° 35' 14" East, a chord | 85761 |
| distance of 86.36 feet; | 85762 |
| 3. South 3° 45' 22" West, a distance of 46.97 feet to an iron pin | 85763 |
| set at a point of curvature; | 85764 |
| 4. Along the arc of a curve to the right, having a radius of 20.00 | 85765 |
| feet, a central angle of 90°00'00", an arc distance of 31.42 feet | 85766 |
| to the TRUE PLACE OF BEGINNING and containing 6.310 acres of land, | 85767 |
| said arc being subtended by a chord bearing South 48° 45' 22" | 85768 |
| West, a chord distance of 28.28 feet. | 85769 |
| The bearing meridian for this description is based on a bearing of | 85770 |
| North 86° 14' 38" West, along the northerly right-of-way line of | 85771 |
| Feder Road, as delineated on the plat of "HARVEST PLACE", of | 85772 |
| record in Plat Book 81, Page 32, on file in the Recorder's Office, | 85773 |
| Franklin County, Ohio. | 85774 |
| The forgoing description was prepared from an actual field survey | 85775 |
| of the premises in January 1998, by MS Consultants, Inc., iron pin | 85776 |
| sets are ¾" diameter x 30" long with plastic caps stamped MS Cons, | 85777 |
| Inc., Youngstown. | 85778 |
| 85779 | |
| Parcel 1 | 85780 |
| Situated in the Township of Union, County of Brown, State of Ohio, | 85781 |
| being a part of Jordan Harris' Military Survey No. 756 and being | 85782 |
| the same real estate described as a 118 3/4 acres "Tract No. 1" as | 85783 |
| conveyed to State of Ohio-Ohio Agricultural Experiment Farm and | 85784 |
| recorded in Deed Book 64, Page 149 of the Brown County Recorder's | 85785 |
| Office and being further bounded and described as follows: | 85786 |
| Beginning at a Mag nail (set) marking the centerline intersection | 85787 |
| of Gardner Road (Township Road No. 233) and Schwallie Road | 85788 |
| (Township Road No. 263); | 85789 |
| thence with the centerline of Gardner Road S 85 deg. 42 min. 20 | 85790 |
| sec. E, a distance of 2343. 58 ft. to a Mag nail (set) over a | 85791 |
| spike (found) near the easterly terminus of Gardner Road, said Mag | 85792 |
| nail the westerly line of a 161 3/4 acres tract as conveyed to | 85793 |
| Duane Campbell, Trustee (D.B. 235, Page 668); | 85794 |
| thence with Campbell's westerly line S 03 deg. 54 min. 25 sec. W, | 85795 |
| a distance of 1469.66 ft. to a 5/8" iron pin (found), said iron | 85796 |
| pin being the northwesterly corner of an original 49.583 acres | 85797 |
| tract as conveyed to Eric E. Weiss, et ux (O.R. 301, Page 1994); | 85798 |
| thence with Weiss' westerly line S 06 deg. 21 min. 58 sec. W, a | 85799 |
| distance of 544.68 ft. to a 5/8" iron pin (found), said iron pin | 85800 |
| being the northeasterly corner of a 52.715 acres tract as conveyed | 85801 |
| to Martin E. Regenstein (D.B. 229, Page 84); | 85802 |
| thence with Regenstein's line N 83 deg. 37 min. 49 sec. W, a | 85803 |
| distance of 1510.92 ft. to a 10" stone (found), said stone being | 85804 |
| the northeasterly corner of a 110.942 acres tract as conveyed to | 85805 |
| Mike Sidwell, Trustee (O.R. 293, Page 1451); | 85806 |
| thence with Sidwe1l's line for the next three calls: | 85807 |
| (1) N 84 deg. 01 min. 21 sec. W, a distance of 411.99 ft. to a | 85808 |
| 1/2" iron pin (found); | 85809 |
| (2) S 05 deg. 38 min. 01 sec. W, a distance of 341.31 ft. to a | 85810 |
| 1/2" iron pin (found); | 85811 |
| (3) N 87 deg. 11 min. 31 sec. W, a distance of 812.14 ft. to a | 85812 |
| 1/2" iron pin (found) by a corner post, said iron pin being the | 85813 |
| southeasterly corner of an original 93 acres, 2 roods, 32 poles | 85814 |
| tract as conveyed to Jeanne Klump (D.B. 103, Page 523); | 85815 |
| thence with Klump' s line for the next three calls: | 85816 |
| (1) N 07 deg. 48 min. 53 sec. E, a distance of 1239.33 ft. to a | 85817 |
| 5/8" iron pin (set) by a corner post; | 85818 |
| (2) S 85 deg. 51 min. 02 sec. E, passing a 5/8" iron pin (set) by | 85819 |
| a corner post at 383.92 ft., a total distance of 392.39 ft. to a | 85820 |
| 5/8" iron pin (set), said iron pin being in the centerline of the | 85821 |
| aforementioned Schwallie Road; | 85822 |
| (3) also with the centerline of Schwallie Road N 01 deg. 03 min. | 85823 |
| 00 sec. E, a distance of 1073.15 ft. to the beginning, containing | 85824 |
| 119.318 acres of land. | 85825 |
| Subject to all legal easements and rights-of-way of record. | 85826 |
| Bearings are based upon the Grid Azimuth (AZ. 145 deg. 53 min. | 85827 |
| 58.8 sec.) between National Geodetic Survey Monument "BROWNPORT" | 85828 |
| and McCarty Associates Geodetic Survey Monument "OSU (2001)" and | 85829 |
| derived from GPS observations taken June 6, 2011, utilizing the | 85830 |
| Trimble ODOT VRS (Virtual Reference System). | 85831 |
| Land surveyed in June 2011, under the direction of Eric N. Lutz, | 85832 |
| Registered Professional Surveyor No. 7232, the survey plat of | 85833 |
| which is referred to as Project No. on file in the office of | 85834 |
| McCarty Associates, LLC, Hillsboro, Ohio. | 85835 |
| Parcel 2 | 85836 |
| Situated in the Township of Union, County of Brown, State of Ohio, | 85837 |
| being a part of Harris' Military Survey No. 756 and Williams' | 85838 |
| Military Survey No. 888 and Shepherd' s Military Survey No. 1060 | 85839 |
| and Parker' s Military Survey No. 2787 and containing 27.964 acres | 85840 |
| from the 36 acres tract and all of the 18 acres, 3 rods, 20 poles | 85841 |
| tract being 19.619 acres and containing all of the 100 acres | 85842 |
| "Tract No. 2", containing 100.697 acres as conveyed to the State | 85843 |
| of Ohio—Ohio Agricultural Experiment Farm and recorded in Deed | 85844 |
| Book 64, Page 149 of the Brown County Recorder's Office and being | 85845 |
| further bounded and described as follows: | 85846 |
| Beginning at a 5/8" iron pin (set) marking Centerline Station | 85847 |
| 241+56.90 in the centerline of relocated U.S. Route 62-U.S. Route | 85848 |
| 68, being Section BRO-62-8.60 as found in Plat Book C-5, Page O.G. | 85849 |
| , said iron pin being in the northerly line of the 100 acres | 85850 |
| "Tract No. 2" of which is a part of this description and being in | 85851 |
| the line between Shepherd' s Military Survey No. 1060 and Harris' | 85852 |
| Military Survey No. 756; | 85853 |
| thence with the centerline of U.S. Route 62-U.S. Route 68 N 25 | 85854 |
| deg. 13 min. 20 sec. E, a distance of 1287.40 ft. to a 5/8" iron | 85855 |
| pin (set) marking Station 254+44.30, said iron pin being in the | 85856 |
| southerly line of an 8.012 acres tract as conveyed to Paula | 85857 |
| Pfeffer (O.R. 392, Page 861); | 85858 |
| thence with Pfeffer's southerly line N 87 deg. 07 min. 30 sec. E, | 85859 |
| a distance of 630.55 ft. to a Mag nail (set) near the northerly | 85860 |
| edge of Hartman Road (Township Road No. 231), said Mag nail being | 85861 |
| a northwesterly corner of a 232.073 acres tract as conveyed to | 85862 |
| Marilyn Parker, et al (O.R. 233, Page 1392); | 85863 |
| thence with Parker's westerly line for the five calls: | 85864 |
| (1) S 00 deg. 05 min. 52 sec. E, passing a Mag nail (found) in the | 85865 |
| centerline of Hartman Road, at 6.82 ft. and passing a 5/8" iron | 85866 |
| pin (set), at 56.86 ft., a total distance of 204.21 ft. to a 5/8" | 85867 |
| iron pin (found); | 85868 |
| (2) S 19 deg. 15 min. 53 sec. E, a distance of 213.69 ft. to a | 85869 |
| 5/8" iron pin (found) by a post; | 85870 |
| (3) S 05 deg. 08 min. 02 sec. E, a distance of 888.91 ft. to a | 85871 |
| 5/8" iron pin (found) by a corner post, said iron pin being in the | 85872 |
| line between V.M.S. No. 1060 and V.M.S. No. 756; | 85873 |
| (4) with said V.M.S. line S 85 deg. 54 min. 39 sec. E, a distance | 85874 |
| of 1056. 17 ft. to a 5/8" iron pin (found) by corner post; | 85875 |
| (5) S 03 deg. 59 min. 43 sec. W, a distance of 1829. 95 ft. to a | 85876 |
| 5/8" iron pin (set) , said iron pin being a corner to an original | 85877 |
| 93 acres, 2 roods, 32 poles tract as conveyed to Jeanne Klump | 85878 |
| (D.B. 103, Page 523); | 85879 |
| thence with Klump's northerly line and the centerline of Gardner | 85880 |
| Road (Township Road No. 233) N 86 deg. 24 min. 20 sec. W, a | 85881 |
| distance of 272.62 ft. to a Mag nail (set); | 85882 |
| thence with the centerline of Gardner Road for the next six calls: | 85883 |
| (1) N 86 deg. 04 min. 54 sec. W, a distance of 408.38 ft. to a Mag | 85884 |
| nail (set); | 85885 |
| (2) N 85 deg. 38 min. 32 sec. W, a distance of 384.15 ft. to a Mag | 85886 |
| nail (set); | 85887 |
| (3) N 86 deg. 44 min. 42 sec. W, a distance of 310.88 ft. to a Mag | 85888 |
| nail (set); | 85889 |
| (4) N 86 deg. 55 min. 56 sec. W, a distance of 220.07 ft. to a Mag | 85890 |
| nail (set); | 85891 |
| (5) N 85 deg. 54 min. 57 sec. W, a distance of 374.84 ft. to a Mag | 85892 |
| nail (set); | 85893 |
| (6) N 85 deg. 33 min. 47 sec. W, a distance of 1119.72 ft. to a | 85894 |
| 5/8" inch iron pin (set) in the centerline of the Old U.S. Route | 85895 |
| 62; | 85896 |
| thence with the centerline of U.S. Route 62 for the next ten | 85897 |
| calls: | 85898 |
| (1) N 24 deg. 49 min. 35 sec. E, a distance of 199.45 ft. to a | 85899 |
| 5/8" iron pin (set); | 85900 |
| (2) with a curve to the left, having a radius of 5729.58 ft., an | 85901 |
| arc length of 348.33 ft., and a chord which bears N 23 deg. 05 | 85902 |
| min. 05 sec. E, a distance of 348.28 ft. to a 5/8" iron pin (set); | 85903 |
| (3)N 21 deg. 20 min. 35 sec. E, a distance of 267.06 ft. to a 5/8" | 85904 |
| iron pin (set); | 85905 |
| (4)with a curve to the left, having a radius of 954.93 ft., an arc | 85906 |
| length of 227.50 ft., and a chord which bears N 14 deg. 31 min. 05 | 85907 |
| sec. E, a distance of 226.96 ft. to a 5/8" iron pin (set); | 85908 |
| (5)N 07 deg. 41 min. 35 sec. E, a distance of 130.44 ft. to a 5/8" | 85909 |
| iron pin (set); | 85910 |
| (6)with a curve to the right, having a radius of 301. 56 ft., an | 85911 |
| arc length of 178.42 ft. , and a chord which bears N 24 deg. 38 | 85912 |
| min. 36 sec. E, a distance of 175 . 83 ft. to a 5/8" iron pin | 85913 |
| (set); | 85914 |
| (7) N 41 deg. 35 min. 35 sec. E, a distance of 291.09 ft. to a | 85915 |
| 5/8" iron pin (set); | 85916 |
| (8) with a curve to the left, having a radius of 260.44 ft., an | 85917 |
| arc length of 103.56 ft., and a chord which bears N 30 deg. 12 | 85918 |
| min. 05 sec. E, a distance of 102.88 ft. to a 5/8" iron pin (set); | 85919 |
| (9) N 18 deg. 48 min. 35 sec. E, a distance of 143.83 ft. to a | 85920 |
| 5/8" iron pin (Set); | 85921 |
| (10) N 03 deg. 50 min. 29 sec. E, a distance of 109.42 ft. to a | 85922 |
| Mag nail (found) in the centerline of Cluxton South Road (Township | 85923 |
| Road No. 231-A) , said Mag nail being a corner of a 31.757 acres | 85924 |
| "Tract 4" as conveyed to Thomas Cluxton, et ux (O.R. 259, Page | 85925 |
| 653); | 85926 |
| thence with a new division line S 70 deg. 46 min. 00 sec. E, a | 85927 |
| distance of 150. 60 ft. to the beginning, containing 148 .280 | 85928 |
| acres of land. | 85929 |
| The above description is subject to Highway Easements as conveyed | 85930 |
| to the State of Ohio and being Parcel 33LA containing 16.66 acres | 85931 |
| (not recorded, departmental transfer), Parcel 33B containing 0.50 | 85932 |
| acre (not recorded, departmental transfer) and subject to a | 85933 |
| drainage easement as granted to the State of Ohio and being Parcel | 85934 |
| No. containing 0.02 acre (not recorded, departmental transfer). | 85935 |
| Subject to all other legal easements and rights0-of-way of record. | 85936 |
| Bearings are based upon the Grid Azimuth (AZ. 145 deg. min. 58.8 | 85937 |
| sec.) between National Geodetic Survey Monument "BROWNPORT" and | 85938 |
| McCarty Associates Geodetic Survey Monument "OSU (200l)" and | 85939 |
| derived from GPS observations taken June 6, 2011, utilizing the | 85940 |
| Trimble ODOT CORS VRS (Virtual Reference System). | 85941 |
| Land surveyed in June 20ll, under the direction of Eric N. Lutz, | 85942 |
| Registered Professional Surveyor No. 7232, the survey plat of | 85943 |
| which is referred to as Project No. on file in the office of | 85944 |
| McCarty Associates, LLC, Hillsboro, Ohio. | 85945 |
| Parcel 3 | 85946 |
| Situated in the Township of Union, County of Brown, State of Ohio, | 85947 |
| being a part of Shepherd's Military Survey No. 1060 and Parker's | 85948 |
| Military Survey No. 2787 and being a part of the 36 acres, 2 | 85949 |
| roods, 17 poles tract as conveyed to the State of Ohio-Ohio | 85950 |
| Agricultural Experiment Farm and recorded in Deed Book 64, Page | 85951 |
| 149 of the Brown County Recorder's Office and being further | 85952 |
| bounded and described as follows: | 85953 |
| Beginning at a 5/8" iron pin (set) marking Centerline Station | 85954 |
| 241+56.90 in the centerline of relocated U.S. Route 62—U.S. Route | 85955 |
| 68, being Section BRO-62-8.60 as found in Plat Book C-5, Page O.G. | 85956 |
| , said iron pin being in the northerly line of a 100 acres "Tract | 85957 |
| No. 2" as conveyed to the State of Ohio (D.B. 64, Page 149) and | 85958 |
| being in the line between Shepherd's Military Survey No. 1060 and | 85959 |
| Harris Military Survey No. 756; | 85960 |
| thence with a new division line N 70 deg. 46 min. 00 sec. W, a | 85961 |
| distance of 150.60 ft. to a Mag nail (found) in the centerline of | 85962 |
| Cluxton South Road (Township Road No. 231-A), said Mag nail being | 85963 |
| in the limited access right-of-way of U.S. Route 62-U.S. Route 68 | 85964 |
| and being a corner to a 31.757 acres "Tract 4" as conveyed to | 85965 |
| Thomas Cluxton, et ux (O.R. 259, Page 653); | 85966 |
| thence with centerline of Cluxton South Road and Cluxton's line | 85967 |
| for the next five calls: | 85968 |
| (1) N 03 deg. 58 min. 13 sec. E, a distance of 124.92 ft. to a Mag | 85969 |
| nail (found); | 85970 |
| (2) N 18 deg. 17 min. 32 sec. W, a distance of 340.39 ft. to a Mag | 85971 |
| nail (found); | 85972 |
| (3) N 12 deg. 15 min. 13 sec. E, a distance of 101.00 ft. to a Mag | 85973 |
| nail (found); | 85974 |
| (4) N 40 deg. 00 min. 46 sec. E, a distance of 274.002 ft. to a | 85975 |
| Mag nail (found); | 85976 |
| (5) N 44 deg. 49 min. 41 sec. E, a distance of 224.54 ft. to a Mag | 85977 |
| nail (found), said Mag nail being a corner to a 4.635 acres tract | 85978 |
| as conveyed to Thomas Cluxton, et ux (D.B. 257, Page 142); | 85979 |
| thence continuing with the centerline of Cluxton South Road and | 85980 |
| the line of Cluxton' s 4.635 acres tract N 46 deg. 04 min. 30 sec. | 85981 |
| E, a distance of 211. 52 ft. to a spike (found); | 85982 |
| thence continuing with the line of Cluxton' s 4.635 acres tract N | 85983 |
| 61 deg. 10 min. 11 sec. E, a distance of 150.17 ft. to a 1/2" iron | 85984 |
| pin (found); | 85985 |
| thence with a line of the tract of' land of which this description | 85986 |
| is a part N 60 deg. 55 min. 38 sec. E, a distance of 147.94 ft. to | 85987 |
| a Mag nail (set) , said Mag nail being in the westerly line of an | 85988 |
| 8.012 acres tract as conveyed to Paula Pfeffer (O.R. 392, Page | 85989 |
| 861); | 85990 |
| thence with Pfeffer' s westerly line S 18 deg. 00 min. 08 sec. | 85991 |
| W, a distance of 99.00 ft. to a Mag nail (set); | 85992 |
| thence with Pfeffer' s southerly line N 87 deg. 07 min. 30 sec. E, | 85993 |
| a distance of 50.52 ft. to a 5/8" iron pin (set) , marking | 85994 |
| Centerline Station 254+44.30 of U.S. Route 62-U.S. Route 68 | 85995 |
| (Section BRO-62-8-8.60); | 85996 |
| thence with the centerline of U.S. Route 62-U.S. Route 68 S 25 | 85997 |
| deg. 13 min. 20 sec. W, a distance of 1287.40 ft. to the | 85998 |
| beginning, containing 9.327 acres of land. | 85999 |
| The above description is subject to Highway Easements as conveyed | 86000 |
| to the State of Ohio and being Parcel 33LA, containing 16.66 acres | 86001 |
| (not recorded, departmental transfer), Parcel 33A containing 0.15 | 86002 |
| acres (not recorded, departmental transfer} and subject to a | 86003 |
| drainage easement as granted to the State of Ohio and being Parcel | 86004 |
| No. 3324-2, containing 0.02 acres (not recorded, departmental | 86005 |
| transfer) . | 86006 |
| Subject to all other legal easements and rights-of-way of record. | 86007 |
| Bearings are based upon the Grid Azimuth (AZ. 145 deg. 53 min. | 86008 |
| 58.8 sec.) between National Geodetic Survey Monument "BROWNPORT" | 86009 |
| and McCarty Associates Geodetic Survey Monument "OSU (2001)" and | 86010 |
| derived from GPS observations taken June 6, 2011, utilizing the | 86011 |
| Trimble ODOT CORS VRS (Virtual Reference System) . | 86012 |
| Land surveyed in June 2011, wonder the direction of Eric N. Lutz, | 86013 |
| Registered Professional Surveyor No. 7232, the survey plat of | 86014 |
| which is referred to as Project No. S11-161 on file in the office | 86015 |
| of McCarty Associates, LLC, Hillsboro, Ohio. | 86016 |
| 86017 | |
| Parcel 1 | 86018 |
| Being Lot Number Four (4) and Four (4) feet off the North side of | 86019 |
| Lot Number Three (3) of ELIZABETH J. MCMILLEN'S HOMESTEAD | 86020 |
| ADDITION, as the same are numbered and delineated upon the | 86021 |
| recorded plat thereof, of record in Plat Book 4, page 400, | 86022 |
| Recorder's Office, Franklin County, Ohio. | 86023 |
| Parcel 2 | 86024 |
| Being Lot Number Five (5) of ELIZABETH J. MCMILLEN'S HOMESTEAD | 86025 |
| ADDITION, as the same is numbered and delineated upon the recorded | 86026 |
| plat thereof, of record in Plat Book 4, page 400, Recorder's | 86027 |
| Office, Franklin County, Ohio. | 86028 |
| 86029 | |
| Situated in the County of Franklin, in the State of Ohio, and in | 86030 |
| the City of Columbus: | 86031 |
| Being Lot Number Six (6) of ELIZABETH J. MCMILLEN'S HOMESTEAD | 86032 |
| ADDITION, as the same is numbered and delineated upon the recorded | 86033 |
| plat thereof, of record in Plat Book 4, page 400, Recorder's | 86034 |
| Office, Franklin County, Ohio. | 86035 |
| Also known as 1457 Neil Avenue | 86036 |
| Parcel #010-043009 | 86037 |
| 86038 | |
| Situated in the County of Franklin, in the State of Ohio and in | 86039 |
| the City o Columbus: | 86040 |
| Being Lot Number Eight (8) of ELIZABETH J. MCMILLEN'S HOMESTEAD | 86041 |
| ADDITION to said city, as the same is numbered and delineated upon | 86042 |
| the recorded plat thereof, of record in Plat Book 4, Page 400, | 86043 |
| Recorder's Franklin County. Ohio. | 86044 |
| Also known as 1469 Neil Avenue | 86045 |
| Parcel #010-025481 | 86046 |
| 86047 | |
| Unimproved property located at the corner of Hamilton Road and | 86048 |
| Beecher Road, Gahanna, Ohio consisting of two parcels, Franklin | 86049 |
| County parcels, number 025-009952 containing 2.806 acres and | 86050 |
| parcel number 025-009951 containing 1.713 acres. | 86051 |
| Parcel 1 | 86052 |
| Situate in the State of Ohio, County of Franklin, City of | 86053 |
| Columbus, being located in Quarter Township 1,Township 1, Range | 86054 |
| 17, United States Military Lands and being part of the 22.950 acre | 86055 |
| tract conveyed to The Vista at Rocky Fork, Limited Partnership, by | 86056 |
| deed of record in Official Record 15946B20 , all references being | 86057 |
| to records in the Recorder's Office, Franklin County, Ohio and | 86058 |
| bounded and described as follows: | 86059 |
| Beginning at a. point: in the westerly right-of-way line of | 86060 |
| Hamilton Road at the southwesterly corner of a 1.152 acre tract | 86061 |
| conveyed to The City of Gahanna, by deed of in Official Record | 86062 |
| 15946B09, said point also being in the southerly line of said The | 86063 |
| Vista at Rocky Fork L.P. 22.950 acre tract, the northerly line of | 86064 |
| the 57.265 acre tract conveyed to Academy Development Limited | 86065 |
| Partnership, by deed of record in Official Record 15030C06; | 86066 |
| thence North 85° 51' 10" West, along said northerly line of, the | 86067 |
| Academy Development L.P. 57.265 acre tract, a distance of 485.00 | 86068 |
| feet to a. point; | 86069 |
| thence North 15° 23' 12" East, a distance of 74.20 feet to a | 86070 |
| point; | 86071 |
| thence North.67° 00' 00" East, a distance of 215.00 feet to a | 86072 |
| point; | 86073 |
| thence North 89° 00' 00" East, a distance of 180.00 feet to a | 86074 |
| point; | 86075 |
| thence South 85° 50' 13" East, a. distance of 100.00 feet to a | 86076 |
| point in the westerly right-of-way line of Hamilton Road, the | 86077 |
| westerly line of the City of Gahanna 1.152 acre tract; | 86078 |
| thence South 4° 09' 47" West, along said right-of-way line of | 86079 |
| Hamilton Road, being 50 feet westerly, as measured at right angles | 86080 |
| and parallel with the centerline of Hamilton Road, a distance of | 86081 |
| 187.00 feet to the place of beginning, containing 1.713 acres, | 86082 |
| more or less. | 86083 |
| Parcel 2 | 86084 |
| Being situated in the City of Gahanna, Franklin County, Ohio and | 86085 |
| being more particularly described as follows: | 86086 |
| Being Lot 1 of Lion Academy Village as the same is numbered and | 86087 |
| delineated upon the recorded plat thereof, of record in Plat Book | 86088 |
| 75, Page 99, Recorder's Office, Franklin County, Ohio. Parcel | 86089 |
| #025-009952. | 86090 |
| 86091 | |
| Improved property located at 4475- 4485 N. High Street, Columbus, | 86092 |
| Ohio 43214 also known as Franklin County Auditor's parcel numbers | 86093 |
| 010-086636 and 010-086638, Lots 12, 13, and 14 of the Rosemary | 86094 |
| Subdivision. | 86095 |
| The Director of Administrative Services may adjust the | 86096 |
| foregoing legal descriptions to accommodate any corrections | 86097 |
| necessary to facilitate recordation of the deeds. | 86098 |
| (B) The parcels may be transferred individually as a group, | 86099 |
| as multiple groups to a single purchaser, or to multiple | 86100 |
| purchasers. | 86101 |
| (C) Consideration for conveyance of the real estate shall be | 86102 |
| a purchase price and any terms and conditions acceptable to the | 86103 |
| Board of Trustees of The Ohio State University. | 86104 |
| (D) The purchaser or purchasers shall pay the costs of the | 86105 |
| conveyance, including recordation costs of the deed. | 86106 |
| (E) Upon adoption of a resolution by the Board of Trustees of | 86107 |
| The Ohio State University specifically identifying the parcel or | 86108 |
| parcels of real estate to be conveyed, the purchaser or purchasers | 86109 |
| of the real estate, and the consideration paid or to be paid, the | 86110 |
| Auditor of State, with the assistance of the Attorney General, | 86111 |
| shall prepare a deed or deeds to the real estate identified in the | 86112 |
| resolution. The deed or deeds shall state the consideration | 86113 |
| specified in the resolution. The deed or deeds shall be executed | 86114 |
| by the Governor in the name of the state, countersigned by the | 86115 |
| Secretary of State, sealed with the Great Seal of the State, | 86116 |
| presented in the Office of the Auditor of State for recording, and | 86117 |
| delivered to the purchaser or purchasers. The purchaser or | 86118 |
| purchasers shall present the deed or deeds for recording in the | 86119 |
| office of the county recorder where each parcel of real estate is | 86120 |
| located. | 86121 |
| (F) Each deed to any real estate described in this section | 86122 |
| shall contain any exceptions, reservations, or conditions and any | 86123 |
| right of reentry or reverter specified in the resolution adopted | 86124 |
| by the Board of Trustees of The Ohio State University. Any | 86125 |
| exceptions, reservations, or conditions or any right of reentry or | 86126 |
| reverter contained in any deed may be released by The Ohio State | 86127 |
| University without the necessity of further legislation, provided | 86128 |
| the release is specifically authorized by the Board of Trustees of | 86129 |
| The Ohio State University. | 86130 |
| (G) The net proceeds of the sale of the real estate shall be | 86131 |
| paid to The Ohio State University and deposited in university | 86132 |
| accounts for purposes to be determined by the board of trustees. | 86133 |
| (H) This section expires three years after its effective | 86134 |
| date. | 86135 |
| Section 753.130. (A) The Governor is authorized to execute a | 86136 |
| deed in the name of the state conveying to the Brunswick City | 86137 |
| School District, Medina County, Ohio, and its successors and | 86138 |
| assigns, all of the state's right, title, and interest in the | 86139 |
| following described real estate: | 86140 |
| Situated in the City of Brunswick, County of Medina and State of | 86141 |
| Ohio and known as being part of Original Brunswick Township Lot | 86142 |
| No. 15, Tract No.3, McCurdy Tract, and bounded and described as | 86143 |
| follows: | 86144 |
| Beginning in the centerline of Laurel Road (C.H. 138) at the | 86145 |
| Northeasterly corner of a parcel of land conveyed to Edward C. | 86146 |
| Schultz and Anna Schultz by deed recorded in Volume 492, Page 874 | 86147 |
| of Medina County Records, said point being distant North 89 | 86148 |
| degrees 38 minutes 15 seconds West, measured along said | 86149 |
| centerline, 669.24 feet from its intersection with the Easterly | 86150 |
| line of Original Lot No. 14 in said Township; | 86151 |
| Thence South 0 degrees 57 minutes 37 seconds West along the | 86152 |
| Easterly line of said land conveyed to Edward C. Schultz and Anna | 86153 |
| Schultz, 1003.49 feet to the principal place of beginning of | 86154 |
| premises herein described; | 86155 |
| Thence South 0 degrees 57 minutes 37 seconds West continuing along | 86156 |
| said Easterly line 1313.47 feet to the Southeasterly corner of | 86157 |
| said land; | 86158 |
| Thence North 89 degrees 39 minutes 24 seconds West along the | 86159 |
| Southerly line of said land conveyed to Edward C. Schultz and Anna | 86160 |
| Schultz, being also the Southerly line of said Lot No. 15, 563.78 | 86161 |
| feet to the Southwesterly corner of said land: | 86162 |
| Thence North 0 degrees 57 minutes 37 seconds East along the | 86163 |
| Westerly line of said land conveyed to Edward C. Schultz and Anna | 86164 |
| Schultz, being also the Easterly lines of Coventry Terrace, Phase | 86165 |
| 2 as recorded in Volume 7, Page 42 of Medina County Plat Records | 86166 |
| and Coventry Terrace, Phase 1 as recorded in Volume 7, Page 28 of | 86167 |
| Medina County Plat Records, 1313.66 feet to a point; | 86168 |
| Thence South 89 degrees 38 minutes 15 seconds East parallel with | 86169 |
| the centerline of Laurel Road, 563.78 feet to the principal place | 86170 |
| of beginning and containing 17.000 Acres of land according to the | 86171 |
| Survey of James B. Root & Associates, Civil Engineers & Surveyors. | 86172 |
| The courses used in this description are given to an assumed | 86173 |
| meridian and are used to indicate angles only. | 86174 |
| PPN: 003-180-22-029 | 86175 |
| The Director of Administrative Services may adjust the legal | 86176 |
| description to accommodate any corrections necessary to facilitate | 86177 |
| recordation of the deed. | 86178 |
| (B) Consideration for the conveyance of the real estate is | 86179 |
| the purchase price of $10.00. | 86180 |
| (C) The property was originally conveyed to the state of Ohio | 86181 |
| as collateral for school construction facility bonds issued. Once | 86182 |
| the construction project was completed, the state was to have | 86183 |
| conveyed title to this property to the Brunswick City School | 86184 |
| District. The intent of this section is to correct this oversight. | 86185 |
| (D) The Brunswick City School District shall pay all costs | 86186 |
| associated with the conveyance, including recordation costs of the | 86187 |
| deed. | 86188 |
| (E) Prior to execution of the deed, possession of the real | 86189 |
| estate shall be governed by an existing interim lease between the | 86190 |
| state and the Brunswick City School District. | 86191 |
| (F) The net proceeds of the sale of the real estate shall be | 86192 |
| deposited into the state treasury to the credit of the State | 86193 |
| General Revenue Fund. | 86194 |
| (G) Upon payment of the purchase price, the Auditor of State, | 86195 |
| with the assistance of the Attorney General, shall prepare a deed | 86196 |
| to the real estate. The deed shall state the consideration. The | 86197 |
| deed shall be executed by the Governor in the name of the state, | 86198 |
| countersigned by the Secretary of State, sealed with the Great | 86199 |
| Seal of the State, presented in the Office of the Auditor of State | 86200 |
| for recording, and delivered to the Brunswick City School | 86201 |
| District. The Brunswick City School District shall present the | 86202 |
| deed for recording in the Office of the Medina County Recorder. | 86203 |
| (H) This section expires one year after its effective date. | 86204 |
| Section 753.140. (A) The Director of Administrative Services, | 86205 |
| on behalf of the Department of Youth Services, is authorized to | 86206 |
| enter into one or more real estate purchase agreements for the | 86207 |
| sale to one or more purchasers of the state's right, title, and | 86208 |
| interest in any or all of the real property described below. | 86209 |
| The Governor is authorized to execute a deed in the name of | 86210 |
| the state conveying to one or more purchasers, and their | 86211 |
| successors and assigns or heirs and assigns, all of the state's | 86212 |
| right, title, and interest in any or all of the parcels of real | 86213 |
| estate described as follows: | 86214 |
| Being part of the lands last transferred to the state of Ohio as | 86215 |
| recorded in deed book 60 page 469 of the Delaware County | 86216 |
| Recorder's Office and being further located as follows: | 86217 |
| Being all of Delaware County Auditor's Parcel No. 60024003007000, | 86218 |
| that is lying west of State Route 745 and being located in Farm | 86219 |
| Lot 2, in C. Baldwin's Virginia Military Survey No. 1421, Situated | 86220 |
| in Concord Township, Delaware County, State of Ohio, and | 86221 |
| containing approximately 30 acres more or less. | 86222 |
| In preparing the deed, the Auditor of State, with the | 86223 |
| assistance of the Attorney General, may modify the foregoing legal | 86224 |
| description insofar as necessary to bring it into conformity with | 86225 |
| the actual bounds of the real estate being conveyed. | 86226 |
| (B) The real property is conveyed subject to all easements, | 86227 |
| covenants, conditions, and restrictions of record; all legal | 86228 |
| highways; zoning, building, and other laws, ordinances, and | 86229 |
| regulations; and real estate taxes and assessments not yet due and | 86230 |
| payable. | 86231 |
| (C) Consideration for conveyance of the real estate shall be | 86232 |
| the purchase price set forth in the Purchase Agreements entered | 86233 |
| into with the purchaser or purchasers, and shall be paid in | 86234 |
| accordance with the terms of the Purchase Agreement. | 86235 |
| (D) The deed may contain any terms and conditions the | 86236 |
| Director of Youth Services and the Director of Administrative | 86237 |
| Services determine to be in the best interest of the state. The | 86238 |
| deed may contain any restrictions that the Director of | 86239 |
| Administrative Services and the Director of Youth Services | 86240 |
| determine is reasonably necessary to protect the state's interest | 86241 |
| in neighboring state-owned land. | 86242 |
| (E) The real estate may be sold as an entire tract or in | 86243 |
| parcels. | 86244 |
| (F) The purchaser or purchasers shall pay the costs of the | 86245 |
| conveyance, including recordation costs of the deed. | 86246 |
| (G) The net proceeds from the sale of the real estate shall | 86247 |
| be deposited into the state treasury to the credit of the Juvenile | 86248 |
| Correctional Building Fund to offset bond indebtedness on state | 86249 |
| bonds issued for the real estate. | 86250 |
| (H) The Auditor of State, with the assistance of the Attorney | 86251 |
| General, shall prepare a deed or deeds to the real estate. The | 86252 |
| deed or deeds shall state the consideration. The deed or deeds | 86253 |
| shall be executed by the Governor in the name of the state, | 86254 |
| countersigned by the Secretary of State, sealed with the Great | 86255 |
| Seal of the State, presented in the Office of the Auditor of State | 86256 |
| for recording, and delivered to the purchaser or purchasers. The | 86257 |
| purchaser or purchasers shall present the deed or deeds for | 86258 |
| recording in the Office of the Delaware county recorder. | 86259 |
| (I) This section expires three years after its effective | 86260 |
| date. | 86261 |
| Section 753.150. (A) The Governor is authorized to execute a | 86262 |
| deed in the name of the state conveying to the Ripley Union Lewis | 86263 |
| Huntington Local School District, Brown County, Ohio (the | 86264 |
| "grantee"), and its successors and assigns, all of the state's | 86265 |
| right, title, and interest in the following described real estate: | 86266 |
| 86267 | |
| Situated in M. Clements Military Survey No. 386, Union Township, | 86268 |
| Brown County, Ohio, and being bounded and more particularly | 86269 |
| described as follows: | 86270 |
| Beginning at a P.K. spike set on the centerline of U. S. Route 52, | 86271 |
| said beginning point being the most easterly corner of Surgical | 86272 |
| Appliance Industries, Inc. 2.00 Acre tract as recorded in Deed | 86273 |
| Book 164, Page 778, of the Deed Records of Brown County, Ohio: | 86274 |
| thence from said beginning point and with the centerline of said | 86275 |
| U. S. Route 52 and on a curve to the right having a radius of | 86276 |
| 11,459.16 feet, an interior angle of 00 deg 49 min 47 sec, an arc | 86277 |
| length of 165.94 feet, a chord bearing of South 36 deg 06 min 07 | 86278 |
| sec East a chord distance of 165.94 feet, thence continuing with | 86279 |
| the centerline of said road South 35 deg 41 min 14 sec East a | 86280 |
| distance of 342.74 feet to a P.K. spike set on the line of Albert | 86281 |
| Haitz, et al; thence with the line of said Haitz, et al South | 86282 |
| 51deg 40 min 31 sec West a distance of 1048.06 feet to an iron pin | 86283 |
| set; thence continuing with the line of said Haitz, et al South 10 | 86284 |
| deg 07 min 16 sec West passing a reference pin set at 703.99 feet | 86285 |
| for a total distance of 808.50 feet to a point of Eagle Creek; | 86286 |
| thence down said creek North 84 deg 05 min 55 sec West a distance | 86287 |
| of 1453.39 feet (witness a reference pin set North 50 deg 04 min | 86288 |
| 41 sec East a distance of 218.22 feet) to a point in the Ohio | 86289 |
| river; thence down said river North 32 deg 27 min 00 sec West a | 86290 |
| distance of 371.01 feet (witness a line stone found at North 52 | 86291 |
| deg 41 min 51 sec East a distance of 279.13 feet) to a point in | 86292 |
| the Ohio River and corner to August and Betty Schwallie and on the | 86293 |
| Village of Ripley corporation line; thence with the line of said | 86294 |
| Schwallie and the Village of Ripley corporation line North 52 deg | 86295 |
| 41 min 51 sec East a distance of 1800.98 feet to an iron pin set | 86296 |
| on the line of said Schwallie; thence on a new division line | 86297 |
| through the land of Loretta Funk South 51 deg 44 min 33 sec East a | 86298 |
| distance of 296.49 feet to an iron pin set; thence continuing on a | 86299 |
| new division line through the land of said Funk North 52 deg 56 | 86300 |
| min 00 sec East a distance of 809.50 feet to the place of | 86301 |
| beginning CONTAINING 49.875 acres, more or less, subject, however, | 86302 |
| to all legal highways and easements of record and being a part of | 86303 |
| the land conveyed to Loretta Funk as record in Deed Book 209, Page | 86304 |
| 395 of the Deed Records of Brown County, Ohio. | 86305 |
| Survey by Gerald S. Renshaw, Registered Surveyor #4872 on 21 | 86306 |
| February 1991. | 86307 |
| Being 48.939 Acres annexed to the Village of Ripley in Plat Book | 86308 |
| 7, Page 118, Slide 736, plat record in Brown County Recorder's | 86309 |
| Office. | 86310 |
| Prior deed reference: Deed book 255, Page 550. | 86311 |
| Parcel Two | 86312 |
| Situated in M. Clements Military Survey No. 386, Union Township, | 86313 |
| Brown County, Ohio, and being bounded and more particularly | 86314 |
| described as follows: | 86315 |
| Beginning at a P.K. spike set on the centerline of U. S. Route 52, | 86316 |
| said beginning point being North 35 degrees 41 minutes 14 seconds | 86317 |
| West a distance of 208.92 feet from the centerline intersection of | 86318 |
| U. S. Route 52 and Scoffield Road; thence from said beginning | 86319 |
| point and with a new division line through the land of Albert L. | 86320 |
| and Mary Louise Haitz South 51 degrees 40 minutes 31 seconds West | 86321 |
| a distance of 1201.77 feet to an iron pin on the line of State of | 86322 |
| Ohio (proposed Ripley-Union Lewis School District); thence with | 86323 |
| the line of said State of Ohio North 10 degrees 07 minutes 16 | 86324 |
| seconds East a distance of 214.15 feet to an iron pin set corner | 86325 |
| to said State of Ohio; thence with the line of said State of Ohio | 86326 |
| North 51 degrees 40 minutes 31 seconds East a distance of 1048.06 | 86327 |
| feet to a P.K. spike set on the centerline of U. S. Route 52; | 86328 |
| thence with the centerline of U. S. Route 52 South 35 degrees 41 | 86329 |
| minutes 14 seconds East a distance of 142.20 feet to the place of | 86330 |
| beginning, CONTAINING 3.668 Acres more or less, subject, however, | 86331 |
| to all legal highways and easements of record and being a part of | 86332 |
| the land conveyed to Albert L. and Mary Louise Haitz as record in | 86333 |
| D. B. 56, P 490, Brown County Deed Records. | 86334 |
| Surveyed by Gerald S. Renshaw, Registered Surveyor #4872 on 24 | 86335 |
| May, 1991. | 86336 |
| Being 3.407 Acres annexed to the Village of Ripley in Plat Book 7, | 86337 |
| Page 118, Slide 736, plat record in Brown County Recorder's | 86338 |
| Office. | 86339 |
| Prior deed reference: Deeds Book 257, Page 431. | 86340 |
| The Director of Administrative Services may adjust the legal | 86341 |
| description to accommodate any corrections necessary to facilitate | 86342 |
| recordation of the deed. | 86343 |
| (B) Consideration for conveyance of the real estate shall be | 86344 |
| the purchase price of ten dollars. | 86345 |
| (C) The real estate was originally conveyed to the state as | 86346 |
| collateral for school construction facility bonds issued. Once the | 86347 |
| construction project was completed, the state was to have | 86348 |
| re-conveyed title to the real estate to the grantee. The intent of | 86349 |
| this section is to correct this oversight. | 86350 |
| (D) The grantee shall pay all costs associated with the | 86351 |
| conveyance, including recordation costs of the deed. | 86352 |
| (E) Possession of the premises prior to the conveyance shall | 86353 |
| be governed by an existing interim lease between the state and the | 86354 |
| grantee. | 86355 |
| (F) Upon payment of the purchase price, the Auditor of State, | 86356 |
| with the assistance of the Attorney General, shall prepare a deed | 86357 |
| to the real estate. The deed shall state the consideration. The | 86358 |
| deed shall be executed by the Governor in the name of the state, | 86359 |
| countersigned by the Secretary of State, sealed with the Great | 86360 |
| Seal of the State, presented in the Office of the Auditor of State | 86361 |
| for recording, and delivered to the grantee. The grantee shall | 86362 |
| present the deed for recording in the Office of the Brown County | 86363 |
| Recorder. | 86364 |
| (G) The net proceeds of the sale of the real estate shall be | 86365 |
| deposited into the state treasury to the credit of the State | 86366 |
| General Revenue Fund. | 86367 |
| (H) This section expires one year after its effective date. | 86368 |
| Section 757.10. Notwithstanding sections 5713.01 and 5715.24 | 86369 |
| of the Revised Code, for the purpose of equalizing and | 86370 |
| regionalizing real property assessment cycles, beginning in tax | 86371 |
| year 2014 and continuing for not more than five years, the Tax | 86372 |
| Commissioner may extend the revaluation of real property required | 86373 |
| in any county by not more than one year. | 86374 |
| Section 757.20. The Tax Commissioner is not required to issue | 86375 |
| the certifications that are or were otherwise required to be made | 86376 |
| on or before May 15, 2012, or June 1, 2012, under sections | 86377 |
| 3317.026, 3317.027, 3317.028, and divisions (A)(4), (6), and (7) | 86378 |
| of section 3317.021 of the Revised Code. This section is intended | 86379 |
| to be remedial in nature and to be construed liberally to | 86380 |
| accomplish the purpose of avoiding unnecessary certifications. | 86381 |
| Section 757.30. This section applies to any residential | 86382 |
| property case that has been appealed from a board of revision and | 86383 |
| is docketed before the Board of Tax Appeals. Upon the written | 86384 |
| consent of the parties to have the case transferred to the | 86385 |
| Department of Taxation, the Tax Commissioner may process such | 86386 |
| appeals and issue a determination that is final for all parties. | 86387 |
| The Commissioner shall establish a practice and procedure for | 86388 |
| processing such cases. Any request by a party for transfer of a | 86389 |
| case to the Department of Taxation under this section shall be | 86390 |
| made within two years from the effective date of this section. | 86391 |
| This authority is granted in conjunction with section 5703.021 of | 86392 |
| the Revised Code. | 86393 |
| Section 757.40. Notwithstanding the amendment by this act, | 86394 |
| striking division (E)(8) of section 5751.01 of the Revised Code, | 86395 |
| "excluded person" for the purposes of Chapter 5751. of the Revised | 86396 |
| Code includes a person directly or indirectly owned by one or more | 86397 |
| insurance companies described in division (E)(4) of section | 86398 |
| 5751.01 of the Revised Code as amended by this act if the person | 86399 |
| directly or indirectly owned is authorized to do the business of | 86400 |
| insurance in this state. | 86401 |
| This section takes effect on the same date that the amendment | 86402 |
| by this act of section 5751.01 of the Revised Code takes effect, | 86403 |
| and continues in effect until January 1, 2013. | 86404 |
| This section is repealed effective January 1, 2013. | 86405 |
| Section 803.10. That the amendment by this act of division | 86406 |
| (E) of section 5751.01 and sections 5751.011 and 5751.012 of the | 86407 |
| Revised Code applies to tax periods beginning on or after January | 86408 |
| 1, 2014. | 86409 |
| Section 806.10. The items of law contained in this act, and | 86410 |
| their applications, are severable. If any item of law contained in | 86411 |
| this act, or if any application of any item of law contained in | 86412 |
| this act, is held invalid, the invalidity does not affect other | 86413 |
| items of law contained in this act and their applications that can | 86414 |
| be given effect without the invalid item of law or application. | 86415 |
| Section 812.10. Sections subject to referendum: general | 86416 |
| effective date. Except as otherwise provided in this act, the | 86417 |
| amendment, enactment, or repeal by this act of a section is | 86418 |
| subject to the referendum under Ohio Constitution, Article II, | 86419 |
| Section 1c and therefore takes effect on the ninety-first day | 86420 |
| after this act is filed with the Secretary of State. | 86421 |
| Section 812.11. Sections subject to referendum: special | 86422 |
| effective dates. The amendment, enactment, or repeal by this act | 86423 |
| of the following sections is subject to the referendum under Ohio | 86424 |
| Constitution, Article II, Section 1c and therefore takes effect on | 86425 |
| the ninety-first day after this act is filed with the Secretary of | 86426 |
| State or on the date specified below, whichever is later: | 86427 |
| Sections 121.22, 122.15, 122.151, 122.152, 122.153, 122.154, | 86428 |
| 122.28, 122.29, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, | 86429 |
| 122.36, and 184.02 of the Revised Code take effect October 1, | 86430 |
| 2012. | 86431 |
| Section 2152.131 of the Revised Code takes effect on January | 86432 |
| 1, 2013. | 86433 |
| Section 812.20. Sections exempt from referendum: general | 86434 |
| effective date. The amendment, enactment, or repeal by this act of | 86435 |
| the following sections is exempt from the referendum under Ohio | 86436 |
| Constitution, Article II, Section 1d and section 1.471 of the | 86437 |
| Revised Code and therefore takes effect immediately when this act | 86438 |
| becomes law: | 86439 |
| Sections 120.08, 145.01, 145.012, 167.04, 306.04, 306.36, | 86440 |
| 340.091, 901.54, 2927.023, 2945.371, 2945.38, 2945.39, 2945.40, | 86441 |
| 2945.401, 3125.41, 3333.31, 3734.131, 3734.15, 3743.06, 3743.19, | 86442 |
| 3752.06, 4163.07, 4303.22, 4501.01, 4501.06, 4503.81, 4506.01, | 86443 |
| 4506.03, 4506.22, 4506.25, 4511.78, 4513.50, 4905.01, 4905.02, | 86444 |
| 4905.03, 4905.05, 4905.06, 4905.402, 4905.54, 4905.57, 4905.58, | 86445 |
| 4905.80, 4905.801, 4905.81, 4905.82, 4905.83, 4905.84, 4907.01, | 86446 |
| 4907.02, 4907.04, 4907.08, 4907.19, 4907.28, 4907.35, 4907.37, | 86447 |
| 4907.43, 4907.49, 4907.57, 4907.59, 4907.60, 4907.61, 4907.62, | 86448 |
| 4909.01, 4909.02, 4909.03, 4909.17, 4909.22, 4909.24, 4909.28, | 86449 |
| 4911.01, 4919.75, 4919.76, 4919.77, 4919.78, 4919.79, 4919.99, | 86450 |
| 4921.01, 4921.02, 4921.03, 4921.04, 4921.05, 4921.06, 4921.07, | 86451 |
| 4921.08, 4921.09, 4921.10, 4921.101, 4921.11, 4921.12, 4921.13, | 86452 |
| 4921.14, 4921.15, 4921.16, 4921.17, 4921.18, 4921.19, 4921.20, | 86453 |
| 4921.21, 4921.23, 4921.24, 4921.25, 4921.26, 4921.27, 4921.28, | 86454 |
| 4921.30, 4921.31, 4921.32, 4921.34, 4921.35, 4921.36, 4921.37, | 86455 |
| 4921.38, 4921.39, 4921.40, 4921.99, 4923.01, 4923.02, 4923.03, | 86456 |
| 4923.04, 4923.05, 4923.06, 4923.07, 4923.08, 4923.09, 4923.10, | 86457 |
| 4923.11, 4923.12, 4923.13, 4923.14, 4923.15, 4923.17, 4923.20, | 86458 |
| 4923.26, 4923.99, 4927.01, 4928.23, 4928.2314, 4929.01, 4929.02, | 86459 |
| 4933.18, 4933.19, 4939.01, 4953.04, 4961.03, 4965.54, 5119.691, | 86460 |
| 5503.02, 5503.34, 5713.051, 5727.84, 5727.86, 5743.031, 5751.033, | 86461 |
| 5751.20, 5751.22, and 5753.03 of the Revised Code. | 86462 |
| Section 205.10 of Am. Sub. H.B. 114 of the 129th General | 86463 |
| Assembly, as amended by Am. Sub. H.B. 153 of the 129th General | 86464 |
| Assembly. | 86465 |
| Section 201 of Sub. H.B. 123 of the 129th General Assembly. | 86466 |
| Section 1 of H.B. 124 of the 129th General Assembly. | 86467 |
| Sections 205.10, 207.10, 207.10.80, 207.20.30, 207.20.90, | 86468 |
| 209.10, 211.10, 215.10, 223.10, 229.10, 243.10, 247.10, 263.10, | 86469 |
| 263.10.30, 263.10.90, 263.20.40, 263.20.70, 267.10, 267.10.20, | 86470 |
| 267.10.40, 267.30.40, 279.10, 291.10, 307.10, 309.10, 315.10, | 86471 |
| 327.10, 335.10, 343.10, 365.10, 367.10, 369.10, 371.10, 373.10, | 86472 |
| 375.10, 379.10, 387.10, 403.10, 411.10, 415.10, 503.50, 521.70, | 86473 |
| and 753.25 of Am. Sub. H.B. 153 of the 129th General Assembly. | 86474 |
| Sections 701.40, 701.70.10, 753.10, 753.20, 753.30, 753.40, | 86475 |
| 753.50, 753.60, 753.70, 753.80, 753.90, 753.100, 753.110, 753.120, | 86476 |
| 753.130, 753.140, and 753.150 of this act. | 86477 |
| Section 812.21. Sections exempt from referendum: special | 86478 |
| effective dates. The amendment, enactment, or repeal by this act | 86479 |
| of the following sections is exempt from the referendum under Ohio | 86480 |
| Constitution, Article II, Section 1d and section 1.471 of the | 86481 |
| Revised Code and therefore takes effect immediately when this act | 86482 |
| becomes law or on the date specified below, whichever is later: | 86483 |
| Sections 131.44, 131.46, 1509.01, 1509.51, 5703.21, 5713.051, | 86484 |
| 5713.052, 5727.01, 5727.111, 5747.02, 5749.01, 5749.02, and | 86485 |
| 5749.031 of the Revised Code take effect on the ninety-first day | 86486 |
| after the effective date of this act. | 86487 |
| The repeal of the version of section 131.44 of the Revised | 86488 |
| Code that is scheduled to take effect June 1, 2013, takes effect | 86489 |
| on the ninety-first day after the effective date of this act. | 86490 |
| Section 812.30. Mixed sections: general effective dates. The | 86491 |
| sections listed in the left-hand column of the following table | 86492 |
| combine amendments by this act that are and that are not exempt | 86493 |
| from the referendum. The middle column identifies amendments to | 86494 |
| the listed sections that are subject to the referendum under Ohio | 86495 |
| Constitution, Article II, Section 1c and therefore take effect on | 86496 |
| the ninety-first day after this act is filed with the Secretary of | 86497 |
| State. The right-hand column identifies amendments to the listed | 86498 |
| sections that are exempt from the referendum under Ohio | 86499 |
| Constitution, Article II, Section 1d and section 1.471 of the | 86500 |
| Revised Code and therefore take effect immediately when this act | 86501 |
| becomes law. | 86502 |
| Section of law | Amendments subject to referendum | Amendments exempt from referendum | 86503 | |
| 120.08 | The amendments in the second sentence (1) striking "purpose" and inserting "purposes" and (2) inserting the language that begins with "and operating" and ends with "120.33 of the Revised Code" | All amendments except as described in the middle column | 86504 | |
| 4905.90 | The amendment in division (A) | All amendments except as described in the middle column | 86505 | |
| 5111.941 | The amendment that inserts division (A)(4) | All amendments except as described in the middle column | 86506 | |
| 5119.61 | All amendments except as described in the right-hand column | The amendment in division (A) striking "(C)" and inserting "(D)" and the amendment in division (F) striking "abuse" and inserting "addiction" | 86507 | |
| 5119.69 | The amendments in relettered divisions (D)(1)(b) and (c) | All amendments except as described in the middle column | 86508 | |
| 5502.01 | All amendments except as described in the right-hand column | The amendment in division (F) | 86509 |
| Section 815.20. The General Assembly, applying the principle | 86510 |
| stated in division (B) of section 1.52 of the Revised Code that | 86511 |
| amendments are to be harmonized if reasonably capable of | 86512 |
| simultaneous operation, finds that the following sections, | 86513 |
| presented in this act as composites of the sections as amended by | 86514 |
| the acts indicated, are the resulting versions of the sections in | 86515 |
| effect prior to the effective date of the sections as presented in | 86516 |
| this act: | 86517 |
| Section 102.02 of the Revised Code as amended by both Am. | 86518 |
| Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly. | 86519 |
| Section 121.04 of the Revised Code as amended by both Am. | 86520 |
| Sub. H.B. 153 and Sub. H.B. 229 of the 129th General Assembly. | 86521 |
| Section 122.33 of the Revised Code as amended by both Am. | 86522 |
| Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly. | 86523 |
| Section 123.01 of the Revised Code as amended by both Am. | 86524 |
| Sub. H.B. 133 and Am. Sub. H.B. 153 of the 129th General Assembly. | 86525 |
| Section 124.11 of the Revised Code as amended by both Am. | 86526 |
| Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. | 86527 |
| Section 1923.01 of the Revised Code as amended by both Sub. | 86528 |
| H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly. | 86529 |
| Section 1923.02 of the Revised Code as amended by both Sub. | 86530 |
| H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly. | 86531 |
| Section 3301.55 of the Revised Code as amended by both Am. | 86532 |
| Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. | 86533 |
| Section 4731.22 of the Revised Code as amended by both H.B. | 86534 |
| 78 and Am. Sub. H.B. 93 of the 129th General Assembly. | 86535 |
| Section 5747.01 of the Revised Code as amended by both Am. | 86536 |
| Sub. H.B. 153 and Am. H.B. 167 of the 129th General Assembly. | 86537 |
| Section 5749.02 of the Revised Code as amended by both Am. | 86538 |
| Sub. H.B. 1 and S.B. 73 of the 128th General Assembly. | 86539 |
| Section 5751.01 of the Revised Code as amended by both Am. | 86540 |
| Sub. H.B. 153 and Sub. H.B. 277 of the 129th General Assembly. | 86541 |